FE_25-13-ED_FY25_IB_Exam_Fees_for_Ironwood_High_School.pdf

INTERGOVERNMENTAL

AGREEMENT (IGA)

ARIZONA DEPARTMENT OF

EDUCATION

1535 \V. Jefferson, Bin# 37 Phoenix, Arizona 85007

(602) 364-2517

IGA No: 25-13-ED

PROJECT TITLE:

FY25 INTERNATIONAL

BACCALAUREATE(IB)

EXAM FEES

Effective Date: Upon Execution

Termination Date: One (1) year after execution

Pursuant to Arizona Revised Statutes (A.R.S.) § 11-952 et seq. this Intergovernmental Agreement Is entered Into by the Arizona Department of Education ("ADE"), an agency of the State of Arizona, and Ironwood High School ("CONTRACTOR").

Pursuant to A.R.S. § 11-951 et seq. both parties are authorized lo enter into agreements for the joint exercise of any power common to the contracting parties as to governmental functions necessary lo the public health, safety and welfare, and the proprietary functions of such public agencies.

Therefore the ADE and the CONTRACTOR agree to abide by all the terms and conditions set forth In this agreement.

For and on behalf of the CONTRACTOR: For and on behalf of the Arizona Department of Education

6051 W Sweetwater Ave 1535 W Jefferson Street, Bin# 37 Address Phoenix, Arizona 85007

Glendale AZ 85304 City Slate Zip Code

Signature of Authorized to Sign Date Signature of Person Authorized to Sign Date ers> Printed Name

C'FO

Title

Braulio Garcia Printed Name

Procurement Services Supervisor TIiie

INTERGOVERNMENTAL AGREEMENT DETERMINATION

In accordance with A.R.S. § 11-952, this agreement has been reviewed by the undersigned who has determined that this agreement Is In appropriate form and within the powers and authority granted to the respective public body.

Signature

04/07/2025 Date

Revised 2/812008 https://azedsign.na1.echosign.com/verifier?tx=CBJCHBCAABAAmpPGu0f09qBER7Zh6ZTJ8p-l6r-Vgw-_

IGANo. 25-13-ED Arizona Department of Education

1535 W Jefferson, Bin# 37 Phoenix, Arizona 85007

1. Purpose of Agreement

The purpose of this agreement is to provide one-time funding for FY25 International

Baccalaureate (IB) exam Fees for Ironwood High School.

2. Term of Agreement This agreement is effective from upon execution through one (1) year after execution and can be renewed in accordance with Section 3 or be terminated in accordance with Sections 9 and 11.

3. 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.

4. Scope of Services

ADE and the CONTRACTOR shall perform the obligations agreed to by each as set forth in

Attachment "A," Scope of Work attached hereto and incorporated herein by reference.

5. Payment

As payment for full and satisfactory performance of the services, the ADE agrees to pay the

CONTRACTOR the appropriated amount of $17,589.00.

6. 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 thaUthose term(s). The parties agree to promptly consider an appropriate Amendment to the agreement to remove each conflict.

7. 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.

8. Breach

!GA No. 25-13-ED Arizona Department of Education

1535 W Jefferson, Bin# 37 Phoenix, Arizona 85007

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

9. Termination

Except as otherwise provided, this agreement may be terminated without cause upon thirty

(30) days written notice by either party.

10. 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.).

11. Non-Availability of Funds

Every payment obligation of the Arizona Department of Education (ADE) 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 ADE in the event this provision is exercised, and ADE shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph.

12. 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 capacity 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.

13. Non-Discrimination

The Parties shall comply with Executive Order 09-09, which mandates that all persons regardless of race, creed, color, religion, sex, age, national origin or political affiliation, shall have equal access to employment opportunities, and all other applicable State and Federal employment laws, rules, and regulations, including the Americans with Disabilities Act. 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.

1535 W Jefferson, Bin# 37

Phoenix, Arizona 85007 !GA No. 25-13-ED

14. 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.

15. Compliance Requirements for A.R.S. § 41-4401, Government Procurement: E-Verify Requirement

A. The 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. (That subsection reads: "After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E Verify program.)

B. A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract and the contractor may be subject to penalties up to and including termination of the contract.

C. Failure to comply with a State audit process to randomly verify the employment records of contractors and subcontractors shall be deemed a material breach of the contract and the contractor may be subject to penalties up to and including termination of the contract.

D. ADE retains the legal right to inspect the papers of any employee who works on the contract to ensure that the contractor or subcontractor is complying with the warranty under paragraph A.

16. 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.

1535 W Jefferson, Bin# 37

Phoenix, Arizona 85007 !GA No. 25-13-ED

17. 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.

18. Public Record

Both parties recognize that work product developed under this agreement become public information, except as limited by section 16, "Confidentiality."

19. Notices

All written communications shall be addressed and mailed or personally served as follows:

To the CONTRACTOR:

Ironwood High School

Ian Curtis, IB Coordinator/Teacher 6051 W. Sweetwater Avenue Glendale, AZ 85304 Email: icurtis@pusd11.net

To ADE:

David Zamora Procurement, Bin # 37 Arizona Department of Education 1535 West Jefferson Phoenix, AZ 85007 Telephone: 602.542.4341 Email: david.zamora@azed.gov

Technical Contact: Mikayla Marriott Telephone: 602.542.5423 Email: mikayla.marriott@azed.gov mailto:icurtis@pusd11.net mailto:david.zamora@azed.gov mailto:mikayla.marriott@azed.gov

INTERGOVERNMENTAL AGREEMENT

ATTACHMENT A- SCOPE OF WORK

IGANumber

25-13-ED

1.0 ADE MISSION STATEMENT AND PURPOSE

1.1 The Arizona Department of Education is a service organization committed to raising academic outcomes and empowering parents.

2.0 BACKGROUND

Arizona LEAs provide Advance Placement testing (18 and CIE) to students that qualify for the Federal Free and Reduced-Price meal program and in turn the Arizona Dept. of Education reimburses the LEAs for the cost of each student tested. Reimbursement of FY25 testing fees for eligible students provides equal opportunity in academic achievement.

The testing provides low-income Arizona students greater access to college-level coursework and college credit through Advanced Placement testings, i.e., International Baccalaureate (18) exams and Cambridge International Exams (CIE). Increasing the number of students who earn education beyond high school will lead to a more diverse, knowledgeable and innovative workforce that can compete nationally and globally.

3.0 PURPOSE

The purpose of this agreement is to provide reimbursement of FY25 testing fees for eligible students that qualify for Federal Free and Reduction-Price meal program.

4.0 CONTRACTOR RESPONSIBILITIES

Contractor shall:

4.1 Use the funds provided by the Arizona Department of Education (ADE) under this agreement to reimburses LEAs for the cost of each student tested in March 2025.

3. Cash Balance (For Completion Purposes)

SEE INSTRUCTIONS ON REVERSE SIDE

COMPLETION REPORT SIGNATURE (Blue Ink Only) I hereby certify that this is a reasonable statement of total expenditures for this contract.

INTERGOVERNMENTAL AGREEMENT

Attachment B- Price Sheet

ISA Number

RIZONA DEPARTMENT OF EDUCATION INTERAGENCY

ERVICE/INTERGOVERNMENTAL AGREEMENT BUDGET/

STIMATED NEEDS PAYMENT SCHEDULE FOR

STITUTIONS OF HIGHER EDUCATION, STATE

GENCIES AND OTHER AGENCIES

INSTRUCTIONS

Submit original to ADE Contracts Management Unit as part of proposed Agreement/amendment. Final Agreement will contain instructions for submission of periodic/completion reports

AGREEMENT IDENTIFICATION FOR THE BUDGET PERIOD FROM: Upon Execution To: one (1) year after execution

Applicant Agency:

Ironwood High School

2. Contact Person:

Ian Curtis, IB Coordinator/Teacher

3. Agreement No.:

25-13-ED

Index No.:

Funding Source (Chapter 1, etc.) 5. Date submitted 2/6/2025

Proposal Name (if any):

FY25 International Baccalaureate (1B) Exam Fees

7. Check ONE 1:81 New D Renewal Application D Completion Report D Amendment DADE Revision

AGREEMENT BUDGET

EXPENDITURE CATEGORIES

BUDGET AMENDED

BUDGET

(3)

EXPENDITURE

TO DATE

(4)

BUDGET BALANCE

(5)

Stipend - Instructional

Salaries - Non-Instructional

0. Employee Benefits

1. Travel

2. Supplies and Materials

3. Purch Services/Consultant Fees

4. Reimbursement Testing Fees $17,589.00

5. Printing and Reproduction

6. Utilities and Communications

7. Other: competition/ event registration fees

8. SUBTOTAL

9. Indirect Cost (8% of Line 18)

0. Capital Outlay

1. TOTAL $17,589.00

2. Administrative Costs

i) INTERGOVERNMENTAL AGREEMENT

ATTACHMENT C- INTELLECTUAL PROPERTY

ISANumber

25-13-ED

Applicant Authorized Agent Date

SUMMARY OF AVAILABLE FUNDS INCLUDED IN BUDGET ABOVE

Prior FY C/0 + FY State C/0 + FY (New)+ Other= TOTAL FY

• CONTRACTOR Materials and Inventions. As between the parties, CONTRACTOR shall own all rights, title, and interests, in and to: all CONTRACTOR Materials and Inventions, including all patents, copyrights, trade secrets, and any other intellectual property rights pertaining thereto; all changes, modifications, updates or enhancements thereto made by CONTRACTOR; and all derivative works therefrom. CONTRACTOR shall grant to ADE for the duration of the term of the agreement a nonexclusive, worldwide right and license to copy, distribute, transmit, display, perform, create derivative works from, sub-license and otherwise use and exploit the CONTRACTOR Materials, in any medium now known or hereafter developed, provided that ADE and CONTRACTOR shall negotiate in good faith a mutually agreeable arrangement for an appropriate licensing fee payable to CONTRACTOR for any such license that will allow CONTRACTOR to recover any of its direct, out of pocket development costs in such CONTRACTOR Materials. To the extent any such license to ADE relates to CONTRACTOR Materials licensed from a third party and such third party license permits use of the Materials outside of the scope of this agreement or Statement of Work without any additional incremental charge, then the license between ADE and CONTRACTOR shall likewise not include any additional incremental charge (over and above cost recovery for CONTRACTOR) with respect to such Materials. Except as otherwise requested or approved by CONTRACTOR, ADE shall cease all use of the CONTRACTOR Materials upon expiration or termination of the agreement, and shall immediately return or destroy the same at CONTRACTOR's direction.

• ADE Materials and Inventions, From time to time, ADE may provide CONTRACTOR with certain ADE Materials. ADE shall own all rights, title, and interests in and to: all ADE Materials and Inventions Including all patents, copyright, trade secrets, and any other intellectual property rights pertaining thereto; all changes, modifications, updates or enhancements thereto made by ADE or CONTRACTOR; and all derivative works therefrom. ADE hereby grants to CONTRACTOR a revocable, nonexclusive, non assignable, non-transferable, worldwide limited right and license to copy, distribute, transmit, display, perform, create derivative works, sublicense and otherwise use and exploit the ADE Materials for the performance of the Services hereunder. The foregoing license does not give CONTRACTOR, and CONTRACTOR is not authorized, to sublicense such ADE Materials. Except as otherwise requested or approved by ADE, CONTRACTOR shall cease all use of the ADE Materials upon expiration or termination of the agreement, and shall immediately return or destroy the same at ADE's direction.

• · Joint Inventions. During the term of this agreement, the parties jointly may conceive of Inventions relating to the provision of Services hereunder. In such event, CONTRACTOR and ADE shall jointly own any such Invention. All rights, title, and interests are jointly and equally shared by the CONTRACTOR and the ADE. In !he event that such Inventions relate to Materials licensed from a third party and such third party requires fees for said Materials, each party shall be responsible for covering the costs of their use of these third party Materials outside the scope of !his agreement. To the extent any such Inventions relates to Materials licensed from a third party and such third party license permits use of the Materials outside of the scope of this agreement or Statement of Work without any additional incremental charge, then likewise, there shall be no additional Incremental charge to either party by the other with respect to such Materials.

• Defined Terms. For purposes hereof, the following terms have the following meanings:

• "Invention" shall mean any idea, design, concept, technique, process, machine, discovery or improvement, whether or not patentable, conceived of or made solely or jointly by CONTRACTOR and CONTRACTOR's employees, or jointly by CONTRACTOR and CONTRACTOR's employees with one or more employees of ADE, during the term of !his agreement and in !he performance of this agreement, provided that either the conception or reduction to practice thereof occurs during !he term of this agreement and in the performance of the agreement.

i) INTERGOVERNMENTAL AGREEMENT

ATTACHMENT C- INTELLECTUAL PROPERTY

ISANumber

• "Materials" shall mean any computer software, computer programs, architecture, computer functionalities, computer interfaces, computer code, computer files, images, photographs, designs, forms, data listings, or compilations or databases, graphics, artwork, text or writings, documents, abstracts and summaries thereof or any other related items or information reasonably required for the performance of the Services.

"Materials" include Materials created by or for ADE ("ADE Materials") and Materials created by or for CONTRACTOR ("CONTRACTOR Materia/s'1, ATTACHMENT D- INDEMNIFICATION AND INSURANCE

IGA Number

1.1 Indemnification:

Each party (as "lndemnitor") agrees to defend, indemnify, and hold harmless the other party (as "lndemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury of any person (Including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the lndemnitee are caused by the act, omission, negligence, misconduct, or other fault of the lndemnitor, its officers, officials, agents, employees, or volunteers, The State of Arizona, Department of Education, is self-insured per A.R.S. 41-621.

In addition, should (Governmental Agency\ utilize a ccntractor(s) and subcontractor(s) the indemnification clause between (Governmental Agency\ and its contractor(s) and subcontractor(s) shall include the following;

To the fullest extent permitted by law, /contractor or subcontractor} shall defend, indemnify, and hold harmless the (Governmental Agency\ and the State of Arizona, and any jurisdiction or agency issuing any permits for any work arising out of this Agreement, and its departments, agencies, boards, commissions, universities, , officers, officials, agents, and employees (hereinafter referred to as "lndemnitee") from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court ccsts, 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 the contractor or any of the directors, officers, agents, or employees or subccntractors of such ccntractor. 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 ccnform to any federal, state or local law, statute, ordinance, rule, regulation or ccurt decree. It is the specific intention of the parties that the lndemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the lndemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such ccntractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable.

Additionally on all applicable insurance policies, contractor and its subcontractors shall name the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials1 agents, and employees as an additional insured and also include a waiver of subrogation in favor of the State.

1.2 Insurance Requirements for Governmental Parties to an IGA

• None

1.3 Insurance Requirements for Any Contractors Used by a Party to the Intergovernmental Agreement

(Note: this applies only to Contractors used by a governmental entity, not to the governmental entity itself.) The insurance requirements herein are minimum requirements and in no way limit the indemnity covenants contained in the Intergovernmental Agreement. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the governmental entity or Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees or subccntractors, and Contractor and the governmental entity are free to purchase additional insurance.

1.4 Minimum Scope And Limits Of Insurance

Contractor shall provide ccverage with limits of liability not less than those stated below.

1.4.1 Commercial General Liability- Occurrence Form

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

• General Aggregate

• Products - Completed Operations Aggregate

• Personal and Advertising Injury

• Damage to Rented Premises

• Each Occurrence

$2,000,000 $1,000,000 $1,000,000 $ 50,000 $1,000,000

ATTACHMENT D- INDEMNIFICATION AND INSURANCE

IGA Number

25-13-ED

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.

(Note that the other governmental enlity(ies) is/are also required ta be additional insured(s) and they should supply the Contractor with their own list of persons to be insured.)

1.5 Business Automobile Liability

Bodily Injury and Property Damage for any owned, hired, and/or non-owned automobiles used in the performance of this Contract.

• Combined Single Limit (CSL) $1,000,000

a. 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 involving automobiles owned, hired and/or non-owned by 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.

(Note that the other governmental entity(ies) is/are also required to be additional lnsured(s) and they should supply the Contractor with their own list of persons to be insured.)

1.5.1 Workers' Compensation and Employers' Liability

• Workers' Compensation

• Employers' Liability o Each Accident o Disease - Each Employee o Disease - Policy Limit

Statutory

$1,000,000 $1,000,000 $1,000,000

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).

1.6 Additional Insurance Requirements

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

1.6.1 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).

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

1.7 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

ATTACHMENT D - INDEMNIFICATION AND INSURANCE

IGANumber

25-13-ED

Department and shall be mailed, emailed, hand delivered or sent by facsimile transmission to (State Representative's Name, Address & Fax Number).

1.8 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 Conlractor from potential insurer insolvency.

1.9 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.

1.9.1 All such certificates of insurance and policy endorsements must be received by the Stale 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.

1.9.2 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.

1.9.3 All certificates required by this Contract shall be sent directly to the Department. The State of Arizona projecUcontract 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.

1.10 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.

1.11 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.

1.12 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.