FE_CTR075706_Lori_Bird.pdf

ARIZONA DEPARTMENT OF EDUCATION

Contracts Management Unit

1535 West Jefferson Street, Bin 37 Phoenix, Arizona 85007

CONTRACT NO. CTR075706

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 Lori Bird (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

Contractor to serve as State-level Special Monitor to assist Public Education Agency/Arizona School for the Deaf Blind (PEA/ASDB) in completing Corrective Action (CA); thereby assisting the PEA in implementing systems to effectively implement the requirements under the Individuals with Disabilities Education Act (IDEA) and provision of a Free and Appropriate Public Education (FAPE).

3. Term of Agreement

This Agreement is effective from Upon Execution through 1/31/2026 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, ADE agrees to compensate the Special Monitor at a rate of $200 (two hundred dollars) per hour for services rendered under this Agreement.

7. Travel

ADE will reimburse for mileage, lodging, and meals based on state travel guidelines for monitors who travel a minimum of 50 miles from their residence.

a. Travel expenses will be processed according to the State of Arizona Accounting Manual (SAAM) Policy.

b. Submit a Vendor Travel reimbursement form for all travel expenses.

• Include map PDF file with to and from location

• Email ORIGINAL reimbursement forms and itemized receipts for lodging and meals https://spointra.az.gov/sites/default/files/Uniform%20Terms%20and%20Conditions_r10.4_05-23_0.pdf

c. Monitors must not exceed ADE reimbursement rates, see manual for details.

d. All vendor travel reimbursement forms and documentation must be submitted no later than 30 days of date occurred.

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/).

8. Invoicing

The Contractor shall submit invoices to accountspay@azed.gov and ESSProjects@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

In addition, the Contractor shall comply with the following program specific requirements:

To receive payment, all invoices must be itemized and reporting requirements must be met:

a. Submit a monthly summary of activities completed

b. Include time spent on each task and total amount due

Invoices must be submitted within 30 calendar days of activity date:

a. 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.

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

c. 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.

mailto:accountspay@azed.gov mailto:ESSProjects@azed.gov

9. 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.

10. 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.

11. Breach

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

12. Termination

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

13. 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.).

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. Public Record

Both parties recognize that work product developed under this Agreement become public information, except as limited by section 22, “Confidentiality.”

25. 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.

26. 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:

Lori Bird 3647 E Arabian Dr.

Gilbert, AZ 85296

480-220-4417 lbird@avoiceforyouaz.com

If to ADE:

Arizona Department of Education Alissa Trollinger 1535 W. Jefferson St.

Phoenix, AZ 85007

- 602-542-4013

Alissa.trollinger@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.

27. 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.

28. 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.

29. Participation in Forced Labor of Ethnic Uyghurs Ban

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

ATTACHMENT A – SCOPE OF WORK

1. Background

Contractor to serve as State-level Special Monitor to assist Public Education Agency (ASDB) in closing outstanding Corrective Action Plan (CAP); thereby assisting the PEA in implementing systems to effectively implement the requirements under the Individuals with Disabilities Act (IDEA) and provision of a Free and Appropriate Education (FAPE).

2. Contractor Responsibilities Contractor shall:

2.1 Provide regular updates and communication with ADE/ESS/Dispute Resolution regarding ASDB’s progress towards satisfying the corrective action items.

2.2 Facilitate consultation and training with ASDB staff as required and outlined in the ADE Dispute Resolution Investigative Report and Corrective Action.

2.3 Develop and provide technical assistance to ASDB staff as needed for the satisfaction of all corrective action items.

2.4 Inform ADE/ESS/DR of any additional concerns to determine if/how to address.

2.5 Conduct any other duties as deemed appropriate by ADE/ESS/DR

3. Reporting Requirements

3.1 Submit a summary of the activities completed to the ADE/ESS/DR within thirty (30) calendar days of completion of the activities or more frequently if there are concerns/issues to report.

3.2 Provide an itemized invoice for activities.

3.3 Provide communication logs outlining date, time and items discussed.

4. Required Qualifications

4.1 Possess, at a minimum, a Bachelor’s Degree from an accredited university in an education-related field, preferably Special Education.

4.2 Possess a minimum of five (5) years’ experience working with PEAs on implementing the requirements of IDEA and provision of FAPE.

4.3 Have knowledge of and experience with IDEA and other state and federal laws and regulations concerning special education.

ATTACHMENT A – SCOPE OF WORK

4.4 Have a minimum of five (5) years’ experience in special education

5. Contractor Work Conflict Certification

By signing this non-competitive contract, the Contractor represents that the Contractor has evaluated the terms and conditions of the Contractor’s current employment and/or current contract obligations, and has determined that this Contract does not conflict and is not incompatible with the Contractor’s current employment and/or contract obligations. The Contractor further agrees not to accept any employment or contract work during the term of their Contract that would conflict or be incompatible with this Contract.

Signed ADE Special Monitor Contract April 2025 1.pdf