Exhibit “A”

Solicitation No. BPM00XXXX Title Arizona Department of Education 1535 W. Jefferson Street Phoenix, AZ 85007

REQUEST FOR PROPOSAL

In accordance with A.R.S. § 41-2534, the Arizona Department of Education is soliciting competitive sealed proposals pursuant to this Request for Proposal (RFP) for the materials or services specified herein. Respondents will submit their Offers to the State Procurement Office online through the State’s e-Procurement system. Arizona Procurement Portal (https://appstate.az.gov) at the date and time posted in ARIZONA PROCUREMENT PORTAL. Proposals received by the correct time and date will be opened and the name of each Offeror will be publicly available. Proposals shall be in the actual possession of the State prior to the time and date and at the location indicated in the Notice. Late proposals will not be considered.

The Offer shall be submitted in an acceptable format, as described herein, using the State’s online e-Procurement application Arizona Procurement Portal at https://appstate.az.gov. Submission of offers by means other than the Arizona Procurement Portal system will not be accepted. Prospective Offerors with questions in this regard shall contact the Procurement Officer prior to the Solicitation’s due date and time To submit an Offer, Offerors shall register in the Arizona Procurement Portal system. Offerors requiring assistance in the registration process or in navigating the Arizona Procurement Portal system may call the Help Desk at 602-542-7600.

OFFERORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE SOLICITATION.

Please enter a nominal amount in the items/bid tab for award consideration.

Procurement Officer Date

Braulio Garcia

Chief Procurement Officer Date

Request for Proposal

Solicitation No. BPM00XXXX

Title Arizona Department of Administration State Procurement Office 100 N 15th Avenue

Solicitation Summary Page of 48

TABLE OF CONTENTS 2

SCOPE OF WORK 3

SPECIAL TERMS AND CONDITIONS 7

UNIFORM TERMS AND CONDITIONS 16

Table of Contents

Solicitation No. BPM007330 School safety Program Training Design, Facilitation, and Technical Assistance Arizona Department of Education

Scope of Work

1. MISSION STATEMENT

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

2. BACKGROUND

Per Arizona Revised Statute (A.R.S.) 15-154, the School Safety Program is established within the Arizona Department of Education (ADE) to support, promote, and enhance safe and effective learning environments for all students by supporting the costs of placing school resource officers, juvenile probation officers, school safety officers, school counselors and school social workers on school campuses. If a school district or charter school whose program proposal was approved by the State Board of Education cannot fill one or more of the above-mentioned positions, the school district or charter school may submit an alternative program proposal for supporting the costs of purchasing safety technology, safety training and infrastructure improvements for its school campus or campuses.

The ADE provides annual training for the school resource officers, juvenile probation officers, school safety officers, school counselors, school social workers, and other key personnel of grant funded schools. The trainings comprise New Officer Training and Advanced Law-Related Education (LRE) training for school resource officers and juvenile probation officers; School Safety Officer training for school safety officers; Counselor and Social Worker Training for school counselors and school social workers; and Leadership Training, Advanced Training, District Administrator Training, and Role-Specific Training for school administrators and key personnel. The number of trainings is determined by the ADE on an annual basis, based upon need. The training schedule is determined by the ADE in cooperation with the contractor.

A.R.S. 15-154 requires that the ADE shall contract to provide guidelines, curricula and support resources for school resource officers, juvenile probation officers, and school safety officers to use in implementing an LRE program. LRE means interactive education to equip children and youth with knowledge and skills pertaining to the law, school safety, and effective citizenship. An LRE program means a program designed to provide children and youth with knowledge, skills, and activities pertaining to the law and legal process and to promote law-abiding behavior with the purpose of preventing children and youth from engaging in delinquency or violence and enabling them to become productive citizens.

3. PURPOSE

The purpose of this agreement is to secure a competent, responsive, reliable, and experienced contractor to assist in the design and/or hosting and/or facilitation of the School Safety Program trainings and provide technical assistance and supports for the School Safety Program. This service will assist ADE in meeting the requirements and obligations of A.R.S. 15-154 and A.R.S. 15-155, and any other current or future relevant legislative enactments. It is understood that this Scope of Work will be amended should future action by the Arizona Legislature, Arizona State Board of Education or ADE require it.

4. CONTRACTOR RESPONSIBILITIES

Contractor shall, in coordination, cooperation, and consultation with the ADE:

Training

4.1 Assist in designing and/or hosting, and/or facilitating the following annual training for School Safety Program grantees. Training may be in-person, virtual, hybrid or regional.

4.1.1 Advanced Law Related Education (LRE) Academies

4.1.1.1 Each training shall address a separate prevalent and emerging campus need and align with the best practices of LRE and the emerging trends in prevention.

4.1.1.2 Advanced LRE training, at a minimum, shall develop the following skills for school resource officers and juvenile probation officers:

· Classroom teaching strategies

· Classroom management skills

· Lesson plan development

· Alignment of lessons to academic standards

· Presentation skills

· Collaborative approaches with administrators and certified teaching staff

4.1.2 New Officer Training

The annual training shall introduce new school resource officers and juvenile probation officers at schools funded under the School Safety Program to the Program’s purpose, program personnel, roles, requirements, LRE, child development, and trauma-responsive practices, and provide a basis to develop the same skills as those learned in Advanced LRE trainings. Training must include recognizing and effectively interacting with children with disabilities as defined in A.R.S 15-761 and on the family educational rights and privacy act (FERPA), civil rights and adolescent mental health issues per A.R.S. 15-154.

4.1.3 School Safety Officer (SSO) Training

This training shall introduce school safety officers to the School Safety Program’s purpose, personnel, three roles of a school safety officer, LRE (especially LRE “best practices” and an introduction to universal LRE lessons), and how to work most effectively within the School Safety Program Team (SSPT) on each campus. Finally, training must include recognizing and effectively interacting with children with disabilities as defined in A.R.S 15-761 and on the family educational rights and privacy act (FERPA), civil rights and adolescent mental health issues per A.R.S. 15-154.

4.1.4 Counselor and Social Worker Training

This training shall introduce counselors and social workers to the philosophy of the School Safety Program, program personnel, role-specific duties, and requirements, and how to work effectively, according to their role and in alignment with their professional models, in the School Safety Program Team.

4.1.5 Leadership Training

4.1.5.1 Annual Leadership Training – School Safety Program: this shall be presented to new administrators and key personnel in the School Safety Program.

4.1.5.2 Annual Leadership Training – School Safety Program: This shall include at a minimum the following:

· Program purpose

· Program requirements

· Program participant roles and responsibilities

· How to use data to drive the program

· Multi-disciplinary team-based approaches.

· Best practices for school-safety.

· Basic introduction to Law-Related Education.

4.1.6 Advanced Trainings

These trainings shall be presented to continuing administrators and key personnel in the School Safety Program.

4.1.7 District Administrator Training

This training shall be presented to all district administrators in the School Safety Program.

4.1.8 Role Specific Training

This shall be presented to all site administrators, school counselors, school social workers, and returning school resource officers and juvenile probation officers in the School Safety Program. Training for officers must include recognizing and effectively interacting with children with disabilities as defined in A.R.S 15-761 and on the family educational rights and privacy act (FERPA), civil rights and adolescent mental health issues per A.R.S. 15-154

4.1.9 Train the Trainer for Advanced LRE Academies

Provide a bi-annual “Train the Trainer” training that builds the capacity of faculty to provide school resource officers and juvenile probation officers with meaningful lessons relevant to current events and issues impacting today’s youth.

Training Registration

4.2 Develop and host an online training registration portal and database and administer the registration of attendees at each of the annual School Safety Program training sessions noted above.

4.2.1 Provide all School Safety Program key participants with the opportunity to enroll in their required annual training as appropriate.

4.2.2 Provide all School Safety Program key participants with online access to their training records.

4.2.3 Provide the School Safety Program ADE team with access to the registration portal and database.

4.2.4 Contractor may permit School Safety Program school resource officers and juvenile probation officers with the opportunity to enroll in more than one annual Advanced LRE training per contract year on a space available basis.

Schedule of Trainings

4.3 Develop and maintain a detailed online schedule and description of the trainings noted above.

4.4 Create and provide a hard copy brochure of the Advanced LRE Training Academies and provide same to school resource officers and juvenile probation officers at the beginning of each school year, as needed.

Training Seats

4.5 Provide up to one hundred and sixty (160) training seats for each contract year for School Safety Program New Officer Trainings.

4.6 Provide up to two hundred (200) training seats for each Advanced LRE Training, as scheduled.

4.6.1 Up to fifteen (15) of the seats provided under this service may be filled with teachers and administrators from School Safety Program schools who attend with a School Safety Program officer from their school.

4.6.3 Provide up to twenty (20) training seats for the CSI Program training, as scheduled.

Online Platform

4.8 Provide an online training platform to host the trainings noted above.

4.9 Provide the technical assistance and support needed to host virtual trainings and help ADE facilitate the trainings noted above.

Online Functionality

4.10 Design, host, and maintain a dedicated School Safety Program webpage that allows School Safety Program participants and stakeholders access to the following:

· Training events, including registration

· Training records

· Current LRE news and announcements

· SSP-required documents and resources, as identified by ADE

· A link to the ADE SSP website

· Downloadable LRE lesson plans and other teaching tools

· List of awarded SSP sites

· Link to other LRE websites and resources

· SSP Featured Officer Officer Online Classroom/Forum Functionality

4.11 Develop and facilitate an online classroom/forum to provide school resource officers and juvenile probation officers with lesson implementation ideas, cohort and universal LRE topics, School Safety Program reminders, research-based prevention techniques, featured lessons, and space for facilitated collaboration. The online classroom shall:

4.11.1 Provide increased technical assistance and support through an online training module.

4.11.2 Enable school resource officers and juvenile probation officers from distant areas of Arizona to remotely connect with other officers.

4.11.3 Maintain and create an Internet website tool that provides officers with:

· Up-to-date information on LRE research.

· Links to related sites.

· Access to professional development opportunities.

· Publications, articles, and lesson plans.

· The ability to view the annual training schedule.

· The ability to register or join a waiting list for all trainings.

· Download LRE lesson plans from previous LRE Academy trainings.

· The ability to link to the ADE School Safety Program website.

Technical Assistance

4.12 Provide technical assistance and coaching to School Safety Program officers that includes curriculum selection, lesson development, and tips for effective use of LRE’s best practices and strategies for implementing LRE instruction in the virtual and physical classroom.

4.12.1 Provide appropriate staffing during normal school hours to provide email and telephone technical assistance to assist School Safety Program participants.

4.12.2 Assist ADE to identify School Safety Program grant-awarded schools that would benefit from a technical site visit (in-person, virtual, or a combination of both) to deliver advanced technical assistance in the implementation of LRE:

· Be available to conduct School Safety Program site visits throughout the State of Arizona and provide one-on-one LRE technical assistance and support at sites identified by ADE as needing assistance.

· Conduct up to ten (10) site visits to ensure that school resource officers and juvenile probation officers have applied what they have learned in New Officer Training.

· Contractor shall be responsible for all costs for site visits, including but not limited to travel expenses such as food and lodging, mileage, and employee time and per diem.

LRE Resources

4.13 Provide School Safety Program officers attending LRE training with a quality classroom LRE curriculum, including, but not limited to, notebooks, Google folders when appropriate, and classroom supplies to assist them in providing students and staff in their school communities with LRE instruction and training.

4.14 Provide LRE curriculum on an as-needed basis to School Safety Program officers.

ADE Approved Resources

4.15 Provide School Safety Program officers with links to appropriate ADE approved resources.

Crime Scene Investigator (CSI) Arizona Program

4.16 CSI Arizona is a Forensic Science program, which combines science and law to provide middle and high-school students with the opportunity to develop skills in both fields through the application of crime scene analysis, evidence gathering, critical thinking, and communication and presentation skills. Students are able to engage in practical experience of applying the law and science to a real-life scenario. CSI Arizona is a two-part competition: (1) Qualification Scenario, and (2) Crime Scene Investigator Showcase. Training for teachers and officers is provided by the Offeror.

5. REQUIRED QUALIFICATIONS

Contractor shall:

5.1 Have experience in designing and conducting training of School Resource Officers, Juvenile Probation Officers, and School Safety Officers.

5.2 Have knowledge of the issues pertaining to the work of School Resource Officers, Juvenile Probation Officers, and School Safety Officers.

5.3 Include LRE faculty members that include teachers, police officers, and juvenile probation officers who have experience implementing law related education in the classroom. The selected faculty will serve as role models for officers in the School Safety Program.

5.4 Employ as faculty or trainers only persons who have experience in conducting training of School Resource Officers, Juvenile Probation Officers, and School Safety Officers.

5.5 Employ as faculty or trainers only persons who have knowledge of issues pertaining to the work of School Resource Officers, Juvenile Probation Officers, and School Safety Officers.

6. REPORTING REQUIREMENTS

Contractor shall:

6.1 Training Attendance: Provide ADE with detailed data on School Safety Program participant’s attendance at the trainings noted above through the online tracking and registration database.

6.2 Training Evaluation Surveys: Compile attendee surveys to measure attendee satisfaction with course materials, quality of instruction, classroom and facility comfort, and other as deemed appropriate.

6.2.1 Create meaningful reports and data analysis for the LRE trainings to be shared with the ADE.

6.2.2 Provide reports and data analyses after each training.

6.3 Progress Reports: Submit written progress reports on or before October 15th, December 15th, March 15th, and June 15th. Reports shall include:

· Period covered

· Tasks completed

· Tasks in process

· Officers served

· Sites visited

· Technical assistance provided

· Status of LRE faculty

· Trainings offered

· Officer tracking data

· Program financials and other relevant information

6.4 Site Visit Reports: Submit for approval written reports after each site visit.

7. DELIVERABLES

Contractor shall:

7.3 Provide all reports, accurately completed, required by this contract in a timely manner.

8. PAYMENT

Contractor shall:

8.1 Invoice ADE on a quarterly basis.

Scope of Work

School safety Program Training Design, Facilitation, and Technical Assistance Arizona Department of Education

8.2 Provide and submit detailed invoices to accountspay@azed.gov and schoolsafety.socialwellness@azed.gov.

1. Glossary Terms

1.1. “ADE” means the Arizona Department of Education

1.2. “Department” means the Arizona Department of Education

1.3. “LEA” means Local Educational Agency which consists of Arizona public school districts, charter schools, and accommodation schools.

2. Purpose Pursuant to provisions of the Arizona Procurement Code, A.R.S. § 41 2501 et seq., the State of Arizona intends to establish a Contract for services as listed herein for services on behalf of the LEA’s.

3. Term of Contract The term of the contract shall commence upon award and shall remain in effect for (1) one year, unless terminated, canceled or extended as otherwise provided herein.

Pursuant to Arizona law, while the Contract is effective upon award, no work is authorized under this Contract until a valid purchase order is issued by the Arizona Department of Education. Work performed prior to the issuance of a valid purchase order may not be compensated.

4. Contract Extensions The Contractor agrees that the State shall have the right, at its sole option, to renew the contract in accordance with any extensions the State may receive for supplemental periods up to a maximum contract term of (5) five years. In the event that the State exercises such right, all terms, conditions and provisions of the original contract shall remain the same and apply during the renewal period with the exception of price.

5. Price Increase ADE may review a fully documented request for a price increase only after the contract has been in effect for three (3) years. A price increase adjustment shall only be considered at the time of a contract extension and shall be a factor in the extension review process. ADE shall determine whether the requested price increase or an alternate option is in the best interest of the State. The price increase adjustment, if approved, will be effective upon the effective date of the contract extension.

The request shall be submitted at least 60 days prior to the contract renewal date and shall be a factor in the extension review process.

Failure to submit the request within the stated timeframe and/or failure to supply adequate information with the request may result in the State not considering the request.

The State, at its sole option shall determine whether the requested price adjustment or an alternate option is in the best interest of the State.

6. Price Reductions Price reductions may be submitted to the State for consideration at any time during the contract period. The State at its own discretion may accept a price reduction.

7. Transitions

8. Contract Type Firm fixed price, indefinite quantity.

9. Multiple Award ADE reserves the right to make a multiple award to more than one Offeror.

10. Estimated Usage The Contract shall be on an as needed, if needed basis. The State makes no guarantee as to the amount of usage that may occur under a resultant contract. All eligible procurement units, as defined in the Arizona Procurement Code, are eligible to use this Arizona state contract.

11. Non-Exclusive Contract Any Contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of the State of Arizona. The State reserves the right to obtain like goods or services from another source, when necessary, or when determined to be in the best interest of the State.

12. Click-Through Terms and Conditions If either party uses a web-based ordering system, an electronic purchase order system, an electronic order acknowledgement, a form of an electronic acceptance, or any software based ordering system with respect to the Contract (each an “Electronic Ordering System”), the parties acknowledge and agree that an Electronic Ordering System is for ease of administration only, and Contractor is hereby given notice that the persons using Electronic Ordering Systems on behalf of State do not have any actual or apparent authority to create legally binding obligations that vary from the terms and conditions of the Contract. Accordingly, where an authorized State user is required to “click through” or otherwise accept or be made subject to any terms and conditions in using an Electronic Ordering System, any such terms and conditions are deemed void upon presentation. Additionally, where an authorized State user is required to accept or be made subject to any terms and conditions in accessing or employing any Materials or Services, those terms and conditions will also be void.

13. Licenses Contractor shall maintain in current status all Federal, State and Local licenses and permits required for the operation of a business conducted by the contractor.

14. Order Process The award of a Contract shall be in accordance with the Arizona Procurement Code. Any attempt to represent any material and/or service not specifically awarded as being under contract with the State is a violation of the Contract and the Arizona Procurement Code. Any such action is subject to the legal and contractual remedies available to the State inclusive of, but not limited to, contract cancellation, suspension and/or debarment of the Contractor.

15. Changes ADE reserves the right to revise the delivery schedule and make other changes within the Scope of Work as may be deemed necessary to best serve the interest of ADE. All changes shall be documented by formal amendments to the Contract. Changes made without benefit of a formal amendment will not be valid.

16. Purchase Orders Work under this Contract will be funded and ordered through separate purchase orders issued by ADE. No work is to be performed until a valid purchase order is received by the Contractor.

17. Payment

18. Payment/Invoices & Mailing of Payments The Contractor shall:

The Contractor is responsible to ensure that all invoices submitted for payment are completed with the above information and in strict accordance with the price(s) offered on the Proposal’s Cost Form.

19. Acceptance Upon receipt of Products and Services, and/or commencement of continual Services, ADE shall determine whether all delivered Products and Services meet the applicable Product and Services specifications and quality requirements established herein.

20. Inclusive Offeror Offeror(s) are encouraged to make every effort to utilize subcontractors that are small, women-owned and/or minority-owned business enterprises. This could include subcontracts for a percentage of Administrative or Billing needs. Offerors who are committing a portion of their work to such subcontractors shall do so by identifying the type of service and work to be performed by providing detail concerning your organization's utilization of small, women-owned and/or minority-owned business enterprises. Emphasis should be placed on specific areas that are subcontracted and percentage of contract utilization and how this effort will be administered and managed, including reporting requirements.

21. Offshore Performance of Work Prohibited Any services that are described in the specifications or scope of work that directly serve the State of Arizona or its clients and involve access to secure or sensitive data or personal client data shall be performed within the defined territories of the United States. Unless specifically stated otherwise in the specifications, this paragraph does not apply to indirect or overhead services, redundant back-up services or services that are incidental to the performance of the contract. This provision applies to work performed by subcontractors at all tiers.

22. Confidentiality of Records The Contractor shall establish and maintain procedures and controls acceptable to the State for the purpose of assuring that information or data in its possession is not mishandled, misused, released, disclosed, or used in an inappropriate manner by it, its agents, officers, or employees. This includes information contained in its records obtained from the State or others, necessary for contract performance. The contractor shall take all reasonable steps and precautions to safeguard this information and data and shall not divulge the information or data to parties other than those needed for the performance of duties under the contract.

23. Disabilities Act The Contractor shall comply with the Americans with Disabilities Act of 1990 (Public Law 101-336) and the Arizona Disability Act of 1992 (A.R.S. §§ 41-1492 et. seq.), which prohibits discrimination on the basis of physical or mental disabilities in delivering contract services or in the employment, or advancement in employment of qualified individuals.

24. Non-Discrimination ADE is an Equal Employment Opportunity Agency. The Contractor shall comply with any and all applicable Federal and State laws regarding discrimination in employment and the provision of services.

25. Family Education Rights and Privacy Act of 1974 (FERPA) If applicable, 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.

26. Assignment The Contractor agrees and understands that the contract shall constitute an assignment by the contractor to the State of Arizona of all rights, title and interest in and to all causes of action that the contractor may possess under the antitrust laws of the United States or the State of Arizona for which causes of action have accrued or will accrue as the result of or in relation to the goods or services purchased or procured by the contractor in the fulfillment of the contract with the State of Arizona.

27. Compliance Requirements for A.R.S. § 41-4401, Government Procurement; E Verify Requirement 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.). 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. 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. The 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.

28. Warranty of Services

i. The Contractor warrants that all services provided hereunder will conform to the requirements of the Contract, including all descriptions, specifications, attachments, and exhibits made a part of this Contract. The ADE's acceptance of services or goods provided by the Contractor shall not relieve the Contractor from its obligations under this warranty.

ii. In addition to its other remedies, the ADE may, at the Contractor's expense, require prompt correction of any services failing to meet the Contractor's warranty herein. Services corrected by the Contractor shall be subject to all the provisions of this Contract in the manner and to the same extent as services originally furnished hereunder.

29. 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.

30. Participation in Forced Labor of Ethnic Uyghurs Ban Contractor warrants that it is in compliance with the A.R.S. § 35-394.

31. Indemnification Clause 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 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.

32. Insurance Requirements

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

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

· Employers’ Liability

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

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).

32.6 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.

32.7 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.

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 this contract, proof from the Contractor that its subcontractors have the required coverage.

32.9 Approval and Modifications

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

32.10 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.

Special Terms and Conditions

School safety Program Training Design, Facilitation, and Technical Assistance Arizona Department of Education

1. Definition of Terms. As used in this solicitation and any resulting Contract, the terms listed below are defined as follows:

1.1. “AI” means the science and engineering of making machines capable of performing tasks that are typically associated with human intelligence, such as learning and problem-solving, and includes without limitation: AI systems, classic AI, external AI, generative AI, and large language model (LLM) AI.

1.2. “Attachment” means any item the Solicitation which requires the Offeror to submit as part of the Offer.

1.3. “Contract” means the combination of the Solicitation, including the Instructions to Offerors, the Uniform and Special Terms and Conditions, and the Specifications and Statement or Scope of Work; the Offer and any Best and Final Offers; and any Solicitation Amendments or Contract Amendments.

1.4. “Contract Amendment” means a written document signed by the Procurement Officer that is issued for the purpose of making changes in the Contract.

1.5. “Contractor” means any person who has a Contract with the State.

1.6. “Data” means recorded information, regardless of form or the media on which it may be recorded. The term may include technical Data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

1.7. “Days” means calendar days unless otherwise specified.

1.8. “Exhibit” means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the Solicitation generally containing maps, schematics, examples of reports, or other documents that will be used to perform the requirements of the Scope of Work after contract award.

1.9. “Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received.

1.10. “Materials” means all property, including equipment, supplies, printing, insurance and leases of property but does not include land, a permanent interest in land or real property or leasing space.

1.11. “Procurement Officer” means the person, or his or her designee, duly authorized by the State to enter into and administer Contracts and make written determinations with respect to the Contract.

1.12. “Services” means the furnishing of labor, time or effort by a Contractor or Subcontractor which does not involve the delivery of a specific end product other than required reports and performance but does not include employment agreements or collective bargaining agreements.

1.13. “State” means any department, commission, council, board, bureau, committee, institution, agency, government corporation or other establishment or official of the executive branch or corporation commission of the State of Arizona that executes the Contract.

1.14. “State Fiscal Year” means the period beginning with July 1 and ending June 30.

1.15. “Subcontract” means any Contract, express or implied, between the Contractor and another party or between a Subcontractor and another party delegating or assigning, in whole or in part, the making or furnishing of any Materials or any Services required for the performance of the Contract.

1.16. “Subcontractor” means a person who contracts to perform work or render Services to a Contractor or to another Subcontractor as a part of a Contract with the State.

2. Contract Interpretation

2.1 Arizona Law. The Arizona law applies to this Contract including, where applicable, the Uniform Commercial Code as adopted by the State of Arizona and the Arizona Procurement Code, Arizona Revised Statutes (A.R.S.) Title 41, Chapter 23, and its implementing rules, Arizona Administrative Code (A.A.C.) Title 2, Chapter 7.

2.2 Implied Contract Terms. Each provision of law and any terms required by law to be in this Contract are a part of this Contract as if fully stated in it.

2.3 Contract Order of Precedence. In the event of a conflict in the provisions of the Contract, as accepted by the State and as they may be amended, the following shall prevail in the order set forth below:

2.4 Relationship of Parties. The Contractor under this Contract is an independent Contractor. Neither party to this Contract shall be deemed to be the employee or agent of the other party to the Contract.

2.5 Severability. The provisions of this Contract are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the Contract.

2.6 No Parol Evidence. This Contract is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms used in this document and no other understanding either oral or in writing shall be binding.

2.7 No Waiver. Either party’s failure to insist on strict performance of any term or condition of the Contract shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object to it.

3. Contract Administration and Operation

3.1 Records. Under A.R.S. § 35-214 and § 35-215, the Contractor shall retain and shall contractually require each Subcontractor to retain any and all Data and other “records” relating to the acquisition and…