FE_26-72-ED.pdf

Name/Title

Jay Arnold (Dec 4, 2025 12:03:48 MST) Jay Arnold

Jay Arnold

12/04/2025

12/04/2025 https://azedsign.na1.echosign.com/verifier?tx=CBJCHBCAABAAQddvic5N3M4E8ep9JPow0oAVMDeIDM7e https://azedsign.na1.echosign.com/verifier?tx=CBJCHBCAABAAQddvic5N3M4E8ep9JPow0oAVMDeIDM7e

INTERGOVERNMENTAL AGREEMENT

TERMS AND CONDITIONS

IGA No:26-72-ED

ARIZONA DEPARTMENT

OF EDUCATION

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

(602) 364-2517

1. Term of Agreement

This agreement is effective from October 15, 2025, through June 30, 2026 and can be renewed in accordance with Section 3, or be terminated in accordance with Sections 9 and 11.

2. 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.

3. Scope of Services

ADE and the Contractor shall perform the obligations agreed to by each as set forth in the Scope of Work.

4. Payment

ADE will pay the Contractor as outlined in Attachment A Price Sheet upon completion of the services.

5. 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.

6. 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.

7. Breach

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

8. Termination

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

(30) days written notice by either party.

9. 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.).

IGA No:26-72-ED

ARIZONA DEPARTMENT

OF EDUCATION

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

(602) 364-2517

10. 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.

11. 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.

12. 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.

13. 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.

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

14.1 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.)

14.2 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.

14.3 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

IGA No:26-72-ED

ARIZONA DEPARTMENT

OF EDUCATION

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

(602) 364-2517 and the contractor may be subject to penalties up to and including termination of the contract.

14.4 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.

15. Confidentiality

15.1 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.

15.2 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.

15.3 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.

16. Property Disposition

Disposition of property acquired for the purpose of this agreement, either by ADE or with funds provided by ADE, shall be determined by ADE upon termination or completion of the agreement. Upon termination or completion of this agreement, the CONRACTOR shall provide ADE with a listing of all such property, and shall make arrangement to return or dispose of this property as directed by ADE. The Contractor shall provide ADE with an inventory for this property within 90 days of this agreement becoming effective, and annually thereafter.

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 17, “Confidentiality.”

IGA No:26-72-ED

ARIZONA DEPARTMENT

OF EDUCATION

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

(602) 364-2517

19. Notices

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

To the CONTRACTOR: To ADE:

Higley Unified School District Bruce Potts 2935 S Recker Road Gilbert, AZ 85295 Telephone: 602-460-2814 Email: bruce.potts@husd.org

Procurement, Bin # 37 Arizona Department of Education 1535 West Jefferson Phoenix, AZ 85007 Telephone: (602) 364-1851 Email: ProcurementInbox@azed.gov

Technical Contact: Abby Sanchez Telephone: (602) 542-2812 Email: Abby.Sanchez@azed.gov

20. Documents Incorporated By Reference

The Uniform Terms and Conditions are incorporated into this document by reference, and may be obtained by visiting:

Uniform Terms and Conditions_r10.5_03-24 mailto:ProcurementInbox@azed.gov mailto:Abby.Sanchez@azed.gov https://spo.az.gov/sites/default/files/2025-05/Uniform%20Terms%20and%20Conditions_r10.5_03-24.pdf

Scope of Work

IGA Number: 26-72-ED

ARIZONA DEPARTMENT

OF EDUCATION

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

(602) 364-2517

1. Background

1.1. This project provides funding for one (1) year to Public Education Agencies (PEA) through Teaching Partners to assist district, charter, and school teams with the development of a school-wide approach for the collaborative planning between general education and special education teachers and the implementation of the principles of curricular design in mathematics.

1.2. The PEA understands that the Teaching Partners Professional Learning Series will be provided if these occur:

1.2.1. Federal Individuals with Disabilities Act (IDEA) funds are available to support this program.

1.2.2. PEA maintains its commitments by adhering to the Contractor Responsibilities.

1.2.3. Team members maintain eligibility requirements, as defined.

1.2.4. Teaching Partners School Team Checklist has been completed, submitted, and approved by the Academic Achievement & Inclusive Practices Specialist.

2. Purpose

This project provides funding for one (1) year to PEAs through Teaching Partners to assist district, charter, and school teams with the development of a school-wide approach for the collaborative planning between general education and special education teachers and the implementation of the principles of curricular design in mathematics.

3. Contractor Responsibilities

Contractor shall:

3.1 Teaching Partners - Responsibilities

3.1.1 The PEA assures that all team members meet all the following requirements:

3.1.1.1 Successful completion of Teaching Partner requirements, as evidenced by the Teaching Partners School Team checklist approved by the Academic Achievement & Inclusive Practices Specialist.

3.1.1.2 The school team is committed to attending three (3) virtual learning sessions, two (2) in-person learning days, and the instructional rounds for Teaching Partners.

3.1.1.3 The administrator and instructional coach are committed to attend three (3) additional virtual sessions for leaders.

3.1.1.4 The minimum of four (4) team members is met consisting of one (1) general education teacher, one (1) special education teacher, one (1) administrator, and one (1) instructional coach.

3.1.1.5 Team members must be employees of the district or charter school. If contracted employees from a for-profit vendor fill positions, they must provide a year-long commitment to the training program.

3.1.2 The PEA assures that all team members shall attend all Professional learning requirements during the months listed below

IGA Number: 26-72-ED

ARIZONA DEPARTMENT

OF EDUCATION

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

(602) 364-2517

3.1.2.1 August Virtual School Team Meeting.

3.1.2.2 August Virtual Professional Learning Session.

3.1.2.3 September 2-day in-person learning for all school teams.

3.1.2.4 Instructional Rounds at individual school sites.

3.1.2.5 January Virtual Professional Learning Session.

3.1.2.6 Administrators and Instructional Coaches Only: October, December, and January Virtual Learning Sessions for Leaders.

3.1.3 The PEA assures that the appointed administrator and coach will attend three (3) coaching trainings during the months below:

3.1.3.1 October 2025.

3.1.3.2 January 2026.

3.1.3.3 February 2026.

4. PEA Reporting Requirements

The Contractor shall:

4.1 Submit the School Team Checklist by March 31, 2026.

4.1.1 Submit a draft of the Action Plan for Implementation at the end of each virtual learning session for leaders: October 2025, January 2026, and February 2026.

4.1.2 Submit the Schedule for Collaborative Team Time at the end of the January 2026 virtual session for leaders.

5. ADE's Responsibilities

5.1 For school teams:

5.1.1 Lead one (1) school team meeting, facilitate two (2) two-hour virtual learning sessions, and facilitate one (1) two-day in-person learning session for full-school teams.

5.1.2 Provide one (1) day of instruction support through instructional rounds.

5.1.3 Provide technical assistance, feedback, and coaching to help teams with their implementation plans.

5.2 For coaches and administrators:

5.2.1 Lead three (3) virtual learning sessions for coaches.

5.2.2 Provide materials and resources for coaches that give guidance to engagement with coaching cycles for teacher teams.

IGA Number: 26-72-ED

ARIZONA DEPARTMENT

OF EDUCATION

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

(602) 364-2517

5.2.3 Provide materials and resources for administrators that give guidance toward an implementation plan for inclusionary practices.

5.2.4 Provide technical assistance during the instructional rounds to support coaching conversations with teacher teams.

6. Budget

6.1 Funding Requirements

6.1.1 ADE provides funding to support eligible district and school teams of six members in their participation in the Teaching Partners Professional Learning Series. The expenditure categories and maximum allowed budget is detailed in Attachment A - Price Sheet. Funding may be used to pay for:

6.1.1.1 Substitute pay and benefits to cover team member attendance to plan co-teaching and implement co-teaching.

6.1.1.2 Applicable off-contract pay and benefits for personal time used by eligible team members to attend collaborative meetings for instructional planning.

6.2 PEA agrees to the following non-compliance conditions that require repayment of funding by PEA:

6.2.1 All registered team members do not attend all training dates. Exceptions due to extenuating circumstances must be preapproved by the Academic Achievement & Inclusive Practices Specialist.

6.2.2 The PEA will not be eligible for reimbursement until the contract is fully executed, and the Purchase Order is approved.

6.2.3 The PEA must report any changes to the team roster to Exceptional Student Services (ESS) Projects and the Academic Achievement & Inclusive Practices Specialist. ESS Projects will determine if an amendment to the budget is needed.

7. Invoicing Requirements

7.1 All invoices must be itemized matching the funding requirements:

7.1.1 $10,000 Collaboration Stipend for off contract Pay for teacher collaboration in planning instruction.

7.1.2 $5,000 Co-teaching Stipend for sub pay to collaboratively deliver instruction in the general education classroom.

7.2 Invoices submitted beyond the 30-day requirement will require written justification for not being submitted in a timely manner. The ADE reserves the right to not honor invoices submitted beyond the established timeline.

7.3 Supporting documentation is required when submitting invoices for substitute/off-contract and benefits pay such as:

7.3.1 Itemize the stipend with hours and dates of events for collaboration and co-teaching.

7.4 AII invoices must be sent to ESSProiects@azed.gov and accountspay@azed.gov and shall include:

mailto:ESSProiects@azed.gov mailto:accountspay@azed.gov

IGA Number: 26-72-ED

ARIZONA DEPARTMENT

OF EDUCATION

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

(602) 364-2517

7.4.1 Company Name.

7.4.2 Complete address.

7.4.3 Telephone Number.

7.4.4 Contact Person.

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

7.4.6 Purchase Order Number.

7.4.7 Invoice date.

7.4.8 Contract number.

7.4.9 Invoice Number.

7.4.10 Shipping and payment terms.

8. Payment

8.1 The ADE will pay the PEA up to $15,000 in two stipends for implementation of practices for teacher collaboration and co-teaching between general education and special education teachers.

8.1.1 Invoices must be submitted within 30 calendar days of activity date: ADE will close the purchase order and will no longer accept reimbursements after 30 calendar days of the contract end date if invoices are not received.

8.1.2 If invoices or required documentation need to be revised, contractor must submit revisions within 10 business days.

8.1.3 If documentation, revisions or invoices are not received within the required timeframe, ADE will no longer be obligated to pay the invoice.

ATTACHMENT A: PRICE SHEET

IGA No: 26-72-ED

ARIZONA DEPARTMENT

OF EDUCATION

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

(602) 364-2517

Description Per Individual Cost Collaboration Stipend $10,000.00 Co-teaching Stipend $5,000.00 Total $15,000.00

ATTACHMENT B: INTELLECTUAL PROPERTY

IGA No: 26-72-ED

ARIZONA DEPARTMENT

OF EDUCATION

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

(602) 364-2517

1. Definition of Terms: For purposes hereof, the terms listed below are defined as follows:

1.1. “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 this Agreement and in the performance of this Agreement, provided that either the conception or reduction to practice thereof occurs during the term of this Agreement and in the performance of the Agreement.

1.2. “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 Materials”).

2. 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.

3. 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.

4. 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 the 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 this 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.

ATTACHMENT C: INDEMNIFICATION AND INSURANCE

REQUIREMENTS

IGA No: 26-72-ED

ARIZONA DEPARTMENT

OF EDUCATION

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

(602) 364-2517

1. Indemnification

1.1. Mutual Indemnification. Each party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the other party (as "Indemnitee") 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 Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers.

1.2. In addition, (insert name of other governmental entity) shall cause its Contractor(s) and Subcontractors, if any, to indemnify, defend, save and hold harmless the State of Arizona, any jurisdiction or agency issuing any permits for any work arising out of this Agreement, and their respective directors, 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 (insert name of other governmental entity)’s Contractor or any of the directors, officers, agents, or employees or Subcontractors of such Contractor.

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 such Contractor from and against any and all claims. It is agreed that such Contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable.

2. Insurance Requirements for Governmental Parties to an IGA: None.

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

3.1. 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 subContractors, and Contractor and the governmental entity are free to purchase additional insurance.

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

3.2.1. Commercial General Liability – Occurrence Form

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

3.2.1.1. General Aggregate $2,000,000

3.2.1.2. Products – Completed Operations Aggregate $1,000,000

3.2.1.3. Personal and Advertising Injury $1,000,000

3.2.1.4. Blanket Contractual Liability – Written and Oral $1,000,000

3.2.1.5. Damage to Rented Premises $ 50,000

3.2.1.6. Each Occurrence $1,000,000

3.2.1.7. The policy shall be endorsed to include the following additional insured language: “The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with

REQUIREMENTS

IGA No: 26-72-ED

ARIZONA DEPARTMENT

OF EDUCATION

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

(602) 364-2517 respect to liability arising out of the activities performed by or on behalf of the Contractor.”

Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract.

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

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

3.2.2. Business Automobile Liability. Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Contract.

3.2.2.1. Combined Single Limit (CSL) $1,000,000

3.2.2.2. The policy shall be endorsed to include the following additional insured language: “The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor". Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract.

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

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

3.2.2.4. Policy shall contain a severability of interest provision.

3.2.3. Worker's Compensation and Employers' Liability

3.2.3.1. Workers' Compensation Statutory

3.2.3.2. Employers' Liability

3.2.3.2.1. Each Accident $ 500,000

3.2.3.2.2. Disease – Each Employee $ 500,000

3.2.3.2.3. Disease – Policy Limit $1,000,000

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

3.2.3.4. This requirement shall not apply to: Separately, EACH Contractor or subcontractor exempt under A.R.S. § 23-901, AND when such Contractor or subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor) form.

REQUIREMENTS

IGA No: 26-72-ED

ARIZONA DEPARTMENT

OF EDUCATION

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

(602) 364-2517

3.3. Additional Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions:

3.3.1. The Contractor's policies stipulate that the insurance afforded the Contractor shall be primary insurance 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).

3.3.2. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of its Contract with the other governmental entity(ies) party to the IGA.

3.4. Notice Of Cancellation: With the exception of (10) day notice of cancellation for non-payment of premium, any changes material to compliance with this contract in the insurance policies above shall require (30) days written notice to the State of Arizona. Such notice shall be sent directly to the Department and shall be sent by certified mail, return receipt requested.

3.5. Acceptability Of Insurers: Contractors insurance shall be placed with companies duly 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 or duly authorized to transact Workers’ Compensation insurance in the State of Arizona. 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.

3.6. Verification Of Coverage: Contractor shall furnish the State of Arizona with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are to be signed by an authorized representative.

3.6.1. All certificates and endorsements are to be received and approved by the State of Arizona before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project.

Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract.

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

3.7. Subcontractors: Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the State of Arizona separate certificates for each Subcontractor. All coverages for Subcontractors shall be subject to the minimum requirements identified above.

3.8. Approval: Any modification or variation from the insurance requirements in any Intergovernmental Agreement must have prior approval from the State of Arizona Department of Administration, Risk Management Division, whose decision shall be final. Such action will not require a formal contract amendment, but may be made by administrative action.

3.9. 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 then none of the above shall apply.

26-72-ED

Final Audit Report 2025-12-04

Created: 2025-12-04

By: Desiree Lewis (Desiree.Lewis@azed.gov)

Status: Signed

Transaction ID: CBJCHBCAABAAQddvic5N3M4E8ep9JPow0oAVMDeIDM7e

"26-72-ED" History Document created by Desiree Lewis (Desiree.Lewis@azed.gov)

2025-12-04 - 6:06:42 PM GMT

Document emailed to Jay Arnold (Jay.Arnold@azed.gov) for signature

2025-12-04 - 6:07:19 PM GMT

Email viewed by Jay Arnold (Jay.Arnold@azed.gov)

2025-12-04 - 7:03:12 PM GMT

Document e-signed by Jay Arnold (Jay.Arnold@azed.gov) Signature Date: 2025-12-04 - 7:03:48 PM GMT - Time Source: server

Document emailed to Braulio Garcia (braulio.garcia@azed.gov) for signature

2025-12-04 - 7:03:50 PM GMT

Email viewed by Braulio Garcia (braulio.garcia@azed.gov)

2025-12-04 - 7:04:12 PM GMT

Document e-signed by Braulio Garcia (braulio.garcia@azed.gov) Signature Date: 2025-12-04 - 7:04:19 PM GMT - Time Source: server

Agreement completed.

2025-12-04 - 7:04:19 PM GMT