CTR075057_FE.pdf

NONCOMPETITIVE CONTRACT

ARIZONA DEPARTMENT OF

EDUCATION

1535 W. Jefferson, Bin # 37 Phoenix, Arizona 85007

(602) 364-2517

(602) 542-3264 Fax Contract No: CTR075057

PROJECT TITLE: STAR TRAINER SERVICES Effective Date: Upon Execution Termination Date: 6/30/2025

The Undersigned hereby offers and agrees to furnish the materials, service(s) or construction in compliance with all the terms, conditions, specifications and amendments in the contract.

Dated this _____ day of ________, 202_ For clarification contact:

Name: LeAnn Wong Phone: 602-542-3570 Email: leann.wong@azed.gov

Jodi Perin

Contractor Name Signature of Person Authorized to Sign Date

2537 E 21st St

Address Printed Name

TUCSON AZ 85716

City State Zip Code Title

This Agreement shall henceforth be referred to as Contract No: CTR075057

State of Arizona

Chief Procurement Officer

Revised 6/7/2023

1/3/2025

3rd January 5

Jodi R Perin

Trainer

ARIZONA DEPARTMENT OF EDUCATION

Contracts Management Unit

1535 West Jefferson Street, Bin 37 Phoenix, Arizona 85007

CONTRACT NO. CTR075057

Special Terms and Conditions

This Agreement is entered into by and between the STATE OF ARIZONA (the “State”) acting by and through its Department of Education (“ADE”) and Jodi Perin (CONTRACTOR).

1. Uniform Terms and Conditions

The Uniform Terms and Conditions are attached hereto and incorporated into this document by reference, and may be obtained by visiting the State Procurement Office website at:

https://spointra.az.gov/sites/default/files/Uniform%20Terms%20and%20Conditions_r10.4_05-23_0.pdf

2. Purpose of Agreement

The purpose of this agreement is for Jodi Perin, as a qualified STAR trainer, assist the lead STAR trainer with providing the STudent Achievement in Reading (STAR) training to adult education teachers. This training will support the strengthening of the STAR Training Series ensuring teachers across the adult education system are engaging in continuous improvement focused on improved teaching practices and meets Adult Education’s state leadership activities required by Title II of the Workforce Innovation and Opportunity Act (WIOA).

3. Term of Agreement

This Agreement is effective from Upon Execution through 6/30/2025, and may be renewed in accordance with Section 4 or be terminated in accordance with provisions of this contract.

4. Renewal of Agreement

This Agreement may be renewed for additional terms, upon agreement of the CONTRACTOR and ADE, and by both parties signing an Amendment extending this Agreement. ADE shall prepare the Amendment for additional periods for both parties’ signatures. The total term of the Agreement, including renewals, shall not exceed five (5) years

5. Scope of Services

ADE and the CONTRACTOR shall perform the obligations agreed to by each as set forth in Attachment “A,” attached hereto and incorporated herein by reference.

6. Payment

As payment for full and satisfactory performance of the services, The ADE will pay the CONTRACTOR an all-inclusive fee not to exceed $8,200 for all actual materials and services provided for this project.

CONTRACTOR’s travel expenses are included in the total fee, must comply with ADE Travel policy of Section 30, and not to exceed $700.

STAR Training Series Lead Trainer Services Breakdown of All-inclusive Fee

• 120 hours of work at $62.50/hour through June 2025, not to exceed.

• Travel for program classroom observations as assigned, not to exceed.

$7,500 $700

All-inclusive Fee Total $8,200 https://spointra.az.gov/sites/default/files/Uniform%20Terms%20and%20Conditions_r10.4_05-23_0.pdf

7. Invoicing

The Contractor shall submit invoices to accountspay@azed.gov and janice.cruz@azed.gov. The invoices shall include:

• Company Name

• Complete address

• Telephone Number

• Contact Person

• Itemized services, description, quantity, unit of measure, unit price, and extended price of supplies delivered (including dates services were performed)

• Purchase Order Number

• Invoice date

• Contract number

• Invoice Number

• Shipping and payment terms

Invoices must be submitted by the end of the month following the quarter in which the activity took place. If documentation, revisions or invoices are not received within the required timeframe, ADE will no longer be obligated to pay the invoice.

The Contractor is responsible to ensure that all invoices submitted for payment are completed with the above information and in strict accordance with the pricing in Section 6.

8. Changes

This Agreement may only be changed in writing and must be signed by both parties and their duly authorized agents (an Amendment). In the event that state or federal law enacted after the effective date of this Agreement conflicts with any term of this Agreement, controlling law will apply and supersede that/those term(s). The parties agree to promptly consider an appropriate Amendment to the Agreement to remove each conflict.

9. Arbitration

Both parties agree to resolve all disputes arising out of or relating to this Agreement 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.

10. Breach

This Agreement may be terminated by either party if the other party fails to fulfill its obligations.

11. Termination

Except as otherwise provided, this Agreement may be terminated without cause upon thirty (30) days written notice by either party.

mailto:accountspay@azed.gov mailto:janice.cruz@azed.gov

12. Governing Law

This Agreement shall be governed and interpreted by the laws of the State of Arizona, and to the extent applicable, the Arizona Procurement Code (A.R.S. § 41-2501, et seq.) and the administrative rules promulgated thereunder (A.A.C. R2-7-901 et seq.).

13. Non-Availability of Funds

Every payment obligation of the State of Arizona (“State”) under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of the Agreement, this Agreement may be terminated by the State at the end of the period for which funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph.

14. Cancellation for Conflict of Interest

Pursuant to A.R.S. § 38-511, the State of Arizona (“State”), its political subdivisions or any department or agency of either may, within three years after its execution, cancel any contract (Agreement), without penalty or further obligation, made by the State, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the State, its political subdivisions or any of the departments or agencies of either is, at any time while the contract (Agreement) or any extension of the contract (Agreement) is in effect, an employee or agent of any other party to the contract (Agreement) in any CONTRACTOR or a consultant to any other party of the contract (Agreement) with respect to the subject matter of the contract(Agreement). A cancellation made pursuant to this provision shall be effective when either party receives written notice of the cancellation unless the notice specifies a later time.

15. Force Majeure

For the purpose of any of the provisions of this Agreement, the CONTRACTOR shall not be considered in breach of or in default of its obligations under this Agreement as a result of the enforced delay in performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence including, but not limited to: acts of God, acts of the public enemy, acts of the Federal Government, fire, floods, epidemics, strikes, lock-outs, freight embargoes and unusually severe weather; it being the purpose and intent of this provision that upon the occurrence of any such enforced delay, the time for performance of the CONTRACTOR’s obligations, as the case may be, shall be extended for the period of the enforced delay, provided that the CONTRACTOR shall have notified State in writing of the cause or causes thereof, and requested an extension for the period of enforced delay. If notice by the CONTRACTOR is sent to the State more than thirty (30) days after commencement of the cause, the period of delay shall be deemed to commence thirty (30) days prior to the giving of such notice.

16. Non-Discrimination

The Contractor shall comply with State Executive Order Nos. 2023-09, 2023-01, 2009-09, and any and all other applicable Federal and State laws, rules and regulations, including the Americans with Disabilities Act.

Contractor shall include these provisions in contracts with Subcontractors when required by Federal or State law. The Parties shall take affirmative action to ensure that applicants for employment and employees are not discriminated against due to race, creed, color, religion, sex, age, national origin, political affiliation or disability.

The Arizona Department of Education is an Equal Opportunity Employer.

17. Records

Pursuant to A.R.S. §§ 35-214 and 35-215, the CONTRACTOR shall retain and shall contractually require each subcontractor to retain all data, books and other records ("Records") relating to this Agreement for a period of five years after completion of the Agreement. All Records shall be subject to inspection and audit by the State at reasonable times. Upon request, the CONTRACTOR shall produce the original of any or all such Records.

18. Federal Immigration and Nationality Act.

The contractor 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 contract. Further, the contractor shall flow down this requirement to all subcontractors utilized during the term of the contract. The State shall retain the right to perform random audits of contractor and subcontractor records or to inspect papers of any employee thereof to ensure compliance. Should the State determine that the contractor 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 contract for default and suspension and/or debarment of the contractor.

19. 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.

19. Clean Air Act, Clean Water Act and Environmental Protection Agency Requirements

If this Agreement is for over $100,000 in federal monies, CONTRACTOR agrees that it shall comply with all applicable standards, orders, or requirements issued pursuant to Section 306 of the Clean Air Act (42 U.S.

Code 1857 et seq., as amended by P.L. 91-604) and Section 508 of the Clean Water Act (33 U.S. Code 1251 et seq., as amended by P.L. 92-500), Executive Order 11738, and Environmental Protection Agency Regulations (40 CFR, Part 15), which prohibit the use under nonexempt federal contracts, grants or loans of facilities included on the Facilities. By signing this Agreement, CONTRACTOR represents that it will comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Clean Water Act relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Clean Water Act and the Clean Air Act, respectively, and all regulations and guidelines issued thereunder. CONTRACTOR further represents that no facility owned or controlled to be used in the implementation of this Agreement is included on the EPA List of Violating Facilities pursuant to 40 CFR, Part 15-20 as of the award date. CONTRACTOR also understands that it shall notify the person specified in Paragraph 23 herein of any communication from the Assistant Administrator of the Environmental Protection Agency indicating that a facility to be utilized for this Agreement is under consideration to be listed of the EPA List of Violating Facilities. Prompt notification is required pursuant to this paragraph. ADE shall report all known EPA violations relating to facilities utilized under the terms of this Agreement to the United States EPA Assistant Administrator for Enforcement and to the Grantor federal agency as soon as they are discovered.

20. Confidentiality

ADE and CONTRACTOR may choose, from time to time, in connection with work contemplated under this Agreement, to disclose confidential information to each other (Confidential Information). All such disclosures must be in writing and marked as Confidential Information. The Parties shall not disclose to unauthorized third parties any Confidential Information of the other Party and will use such information only for the purposes of this Agreement, and for three (3) years after the termination of this Agreement; provided that the receiving Party's obligations hereunder shall not apply to information that: (A) is already in the receiving Party's possession at the time of disclosure; or, (B) is or later becomes part of the public domain through no fault of the receiving Party; or, (C) is received from a third party with no duty of confidentiality to the disclosing party; or,

(D) was developed independently by the receiving party prior to disclosure; or, E. is required to be disclosed by law or regulation.

Any information that is transmitted orally or visually, in order to be protected hereunder, shall be identified as such by the disclosing party at the time of disclosure, and identified in writing to the receiving party, as Confidential Information, within thirty (30) days after such oral or visual disclosure. The CONTRACTOR shall retain the right to refuse acceptance of such Confidential Information that is not required for the purposes of this Agreement.

Both parties agree to comply with the federal Family Educational Rights and Privacy Act of 1974. This applies to all provisions of this Agreement which involves identifiable individual student data.

21. Property of the State

Title and exclusive copyright to all reports, information, data, curricula, materials, and software prepared by CONTRACTOR in performance of this Agreement shall vest in the State of Arizona.

22. Public Record

Both parties recognize that work product developed under this Agreement become public information, except as limited by section 18, “Confidentiality.”

23. Anti-Lobbying

The CONTRACTOR agrees to comply with the provisions of Section 1352 of Title 31, U.S. Code (Public Law 101.121) as codified in Title 48, Federal Acquisition Regulations Subpart 3.8 and Subpart 52.203-11. The legislation prohibits Federal funds from being expended by a recipient or any lower tier sub recipients of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence a Federal agency or Congress in connection with the award of any Federal contract, the making of any Federal grant or loan, or entering into any cooperative agreement, including the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. All disclosure statements are to be furnished to the ADE.

The CONTRACTOR agrees to require all lower tier subcontractors who have agreement exceeding $100,000.00 to complete the Certification for Federal-aid Contracts (ECS Form 90-1) and, when appropriate, the Disclosure of Lobbying Activities (ECS Form 90-3) prior to execution of the prime Contractor's agreement with the ADE. Lower tier certifications are to be maintained by the CONTRACTOR.

24. Notices

Unless otherwise expressly provided herein, any notice, consent or other communication required or permitted under this Agreement shall be in writing and shall be deemed received at the time it is personally delivered, on the day it is sent by facsimile transmission, on the second day after its deposit with any commercial air courier or express service or, if mailed, three days after the notice is deposited in the United States mail addressed as follows:

If to CONTRACTOR:

Jodi Perin 2537 E 21st St

TUCSON, AZ 85716

(520) 440-5362 jodi.perin@gmail.com

If to ADE:

Arizona Department of Education Adult Education Services, Attention: Janice Cruz 1535 W. Jefferson Street Phoenix, AZ 85007

(602) 364-2602 Janice.Cruz@azed.gov

Any time period stated in a notice shall be computed from the time the notice is deemed received. Either party may change its mailing address, facsimile number or the person to receive notice by notifying the other parties as provided in this paragraph.

25. Entirety of Agreement

This Agreement represents the entire Agreement between the parties and supersedes or replaces all prior letters, correspondence, communication, negotiations, Agreements or proposed Agreements written or oral.

26. Participation in Boycott of Israel

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

27. Participation in Forced Labor of Ethnic Uyghurs Ban

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

28. Indemnification

To the fullest extent permitted by law, Contractor 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 Contractor 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 Contractor 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 Contractor from and against any and all claims. It is agreed that Contractor 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 Contractor agrees to waive all rights of subrogation mailto:Janice.Cruz@azed.gov against the State of Arizona, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the State of Arizona.

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

29. Insurance Requirements

Contractor 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 Contractor, its agents, representatives, employees or subcontractors.

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 Contractor from liabilities that arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees or subcontractors, and the Contractor is free to purchase additional insurance.

A. Minimum Scope and Limits of Insurance: Contractor shall provide coverage with limits of liability not less than those stated below.

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 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.

b. 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.

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 Contractor.

b. This requirement shall not apply to each Contractor or subcontractor that is exempt under A.R.S.

§ 23-901, and when such Contractor or subcontractor executes the appropriate waiver form (Sole Proprietor or Independent Contractor).

B. Additional Insurance Requirements

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

a. The Contractor's policies, as applicable, shall stipulate that the insurance afforded the Contractor 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).

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

C. Notice of Cancellation

Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’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. Within two (2) business days of receipt, Contractor 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).

D. Acceptability of Insurers

Contractor’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 Contractor from potential insurer insolvency.

E. Verification of Coverage

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

a. 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.

b. 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.

c. 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.

F. Subcontractors

Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or Contractor 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 Contractor that its subcontractors have the required coverage.

G. 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.

H. Exceptions

In the event the Contractor 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 Contractor or subcontractor(s) is/are a State of Arizona agency, board, commission, or university, none of the above shall apply.

30. Travel

Travel expenses must be authorized in advance and will be reimbursed at cost, in accordance with the then current State of Arizona Travel Policy and the ADE Travel Authorization Policy Procedure hereby incorporated herein. State travel policy includes the travel reimbursement schedules. Actual receipt for travel must be submitted for reimbursement of allowable direct costs (lodging, automobile, meals, etc.). The travel policies may be revised. The current policies may be accessed via the internet at the State of Arizona Department of Education’s website (http://www.azed.gov/accounting/).

ATTACHMENT A – SCOPE OF WORK

1. Background

Adult Education Services is required to fulfill state leadership activities of providing quality professional development to local adult education providers, per Title II of the Workforce Innovation and Opportunity Act (WIOA). The STAR Training Series project will meet the state leadership requirement.

2. Contractor Responsibilities Contractor shall:

2.1 Assist the Lead STAR Trainer in planning and facilitating the training series for new STAR cohort of program teams.

2.2 Support the implementation of the STAR program through refresher training, coaching, and technical assistance for continuing providers and previously trained adult teachers.

3. Reporting Requirements

3.1 Submit quarterly reports, including detailed activities and a trainer time log.

4. Deliverables

4.1 New STAR Year 1 Cohorts Deliverables:

4.1.1 Assist AZ LEAD STAR Trainer to develop and facilitate the AZ STAR Training Series for the new program cohorts.

4.1.2 Attend all monthly trainer meetings facilitated by the AES STAR Coordinator/Trainer and state

STAR Lead Trainer.

4.1.3 Maintain weekly communication with each assigned program and monitor progress of each individual participant in the cohort to ensure STAR assignments are being completed.

4.1.4 Provide targeted technical assistance and online training in specific areas of the EBRI model, based on observations and program need bi-monthly.

4.1.5 Assist in maintaining the AZ STAR website and continue to add valuable resources to assist teachers in the planning and implementation of evidence-based reading strategies and the STAR program.

4.1.6 Attend all Face-to-Face sessions.

4.2 Implementation Cohorts Deliverables:

4.2.1 Participate in at least two STAR classroom observations (virtual and/or F2F) and/or as assigned by the AZ Lead STAR Trainer.

ATTACHMENT A – SCOPE OF WORK

4.2.2 Assist AZ Lead STAR Trainer to plan, develop, and facilitate a series of online refresher trainings for continuing STAR programs in targeted areas of the EBRI model, based on classroom observations.

4.2.3 Assist AZ Lead STAR Trainer to plan and implement on-going STAR Practitioner Learning

Communities-schedule TBD.

4.2.4 Maintain monthly communication with each assigned program and monitor progress of implementation and use of the STAR EBRI model.

4.2.5 Provide targeted technical assistance and online training in specific areas of the EBRI model, based on observations and program need bi-monthly.

4.2.6 Attend and facilitate monthly refreshers as assigned by AZ Lead STAR Trainer.