Sole_Source_Notification_20250323.pdf

It is the intent of Washington State to promote open competition and transparency for all contracts for goods and services. In accordance with Department of Enterprise Service (DES) policy #DES-

140-00, all intended sole source contracts must be made available for public inspection for a period of not less than fifteen (15) working days before the start date of the contract. This Sole Source

Notification satisfies the requirement.

This Sole Source Notification is available at the Office of Superintendent of Public Instruction

(OSPI) website and at the Department of Enterprise Services, Washington Electronic Business

Solution (WEBS) Procurement website under the following commodity codes: 918-38: Education and Training Consulting; 924-74: Special Education; 924-78: Teaching and Instruction Services

(Including Elementary and Secondary Education, Higher Education and Adult Education);

962-07: Arts Services (Cultural, Design, Visual, etc.).

The Office of Superintendent of Public Instruction (OSPI) intends to award a $433,194 sole source contract to Arts Impact for the period of December 2024, through August 31, 2024.

The purpose of this contract is to provide middle school teachers enriched arts professional development that promotes academic learning in math, English language arts (ELA), science, social studies, and the arts. Specifically, Arts Impact will engage external stakeholders and community members in coordination with OSPI to solicit guidance and feedback from key educational and community stakeholders to support Voices from the Field (VFF).

The main objective is to design and implement educator professional learning that addresses the Areas of Opportunity for migrant students by infusing art standards into core instruction in math, English Language Arts (ELA), science, or social studies.

This includes recruitment of a statewide cohort of up to 36 qualified educators in up to 12 Local

Education Agencies (LEAs). Arts Impact will design, coordinate and facilitate ongoing professional training that addresses:

• standards aligned, arts-infused lesson development and assessment,

• student engagement and learning experiences, and

• community (parent/guardian, family) engagement and partnership.

Consultants contemplating the above requirements shall submit capability statements detailing their ability to meet the state’s requirements no later than 3:00 pm on November 27, 2024.

Sole Source Notification Voices from the Field Educator Professional Learning https://www.k12.wa.us/about-ospi/contracting-ospi/competitive-procurements https://www.k12.wa.us/about-ospi/contracting-ospi/competitive-procurements https://fortress.wa.gov/ga/webs/ https://fortress.wa.gov/ga/webs/ https://www.k12.wa.us/sites/default/files/public/migrantbilingual/WA%20State%20Migrant%20Education%20Program%207%20Areas%20of%20Opportunity.pdf https://www.k12.wa.us/student-success/resources-subject-area/arts/arts-k%E2%80%9312-learning-standards https://www.k12.wa.us/student-success/resources-subject-area/mathematics/mathematics-k%E2%80%9312-learning-standards https://www.k12.wa.us/student-success/resources-subject-area/english-language-arts/learning-standards-and-best-practices-instruction https://www.k12.wa.us/student-success/resources-subject-area/science/science-k%E2%80%9312-learning-standards https://www.k12.wa.us/student-success/resources-subject-area/social-studies/learning-standards

OSPI Sole Source Contract 20250323 Page 2 of 7

Capability statements must address the following state requirements:

1. Understanding of the migratory lifestyle of migratory students & families in

Washington state.

2. Experience working with middle school migratory students.

3. Experience working with diverse school districts including urban, suburban, and rural communities.

4. Experience working with diverse student and adult populations.

5. Ability to work with diverse educators, family, and community members.

6. Ability to develop, coordinate, facilitate, and evaluate progressively complex professional learning of arts infusion in core instruction to classroom educators serving migratory student population.

7. Experience with arts and cultural teaching and learning that integrates other content areas (e.g. math, science, English Language Arts).

8. Experience working with public education schools and districts.

9. Experience working with Black, Indigenous, People of Color (BIPOC) and/or other historically underserved communities.

10. Knowledge of bilingual/bicultural lifestyle.

11. Ability to teach academic content through the arts.

12. Knowledge of learning standards in the arts, and other academic disciplines.

In the absence of other qualified sources, and pending approval by the Department of Enterprise

Services, it is OSPI’s intent to make a sole source award of the contract mentioned above to Arts

Impact.

Although this Sole Source Notification is not an invitation to bid, if you feel your firm is able to provide the goods or services listed above, you may submit a capability statement to:

Kyla Moore

Office of Superintendent of Public Instruction

Email: contracts@k12.wa.us

In accordance with DES Sole Source policy process #PRO-DES-140-00A, the following documents are attached:

• Attachment 1 – A copy of the Sole Source Contract Filing Justification

• Attachment 2 – A copy of the proposed draft sole source contract in significantly final form

Attachment 1 – Sole Source Contract Filing Justification

Specific Problem or Need

• What is the business need or problem that requires this contract?

The Elementary and Secondary Education Act of 1966 established Title I Part C Migrant

Education as a program to address the academic and support needs of migratory mailto:contracts@k12.wa.us

OSPI Sole Source Contract 20250323 Page 3 of 7 students whose lifestyle of moving as part of the agricultural and fishing cycles of harvesting and gathering require students and families to leave school prior to the end of the school year and return several weeks after the school year has started. This migratory lifestyle is very dependent on the harvesting cycles as part of their economic livelihood. Many times students fall behind in classwork, comprehension, and credit accrual towards graduation.

Studies have shown improvement in writing, reading comprehension and verbal expression has been found in elementary school age children following artistic experiences in the visual arts and music (Catterall, 1998; Moore and Caldwell, 1993).

There is also improved ability in elementary and middle school age children to think speculatively, analytically, and critically after experiences in drama, dance and the visual arts (Fineberg, 1991; Wolf, 1994). Studies have also improved brain function, specifically spatial-temporal reasoning (required for mathematics), following music education

(Rauscher et al., 1993).

There is a need to provide supplemental services in these areas that enhance the education of migratory students and engage students and staff in the arts. For school year 2024-25, it is our hope that we have an opportunity to really evaluate each component of the program that was established and determined many school year cycles ago. Many school districts/buildings are still dealing with the impacts of COVID-

19 on teaching and learning, which directly impacts the classroom teachers’ capacity to take on a commitment that goes well beyond a few months. Also, this program is most effective when there is buy-in and support for participating classroom educators from their administration.

We are at a pivotal moment of addressing a few more things in part due to the aforementioned: overall cost of program and the results it yields; figuring out the most useful ways to receive feedback from participating educators to make determinations on the direction of the program. The overall number of educators receiving mentorship has declined in the last two years and we need to find ways to best support our partners in the work (learn better what is working at the local school district levels and where we can go from here) while at the same time not causing disruption to summer 2024 Voices from the Field Educator Arts Academy classroom educator participants who will be receiving mentorship for school year 2024-2025.

Sole Source Criteria

• Describe the unique features, qualifications, abilities or expertise of the contractor proposed for this sole source contract.

In 1999, Arts Impact was launched in partnership with the Cultural Council of Greater

Tacoma, Tacoma Art Museum, and the Broadway Center for the Performing Arts to provide professional learning in the arts for Pierce County, Washington teachers. In 2002, OSPI Sole Source Contract 20250323 Page 4 of 7

Arts Impact joined Puget Sound Educational Service District (PSESD) and expanded its reach to include King County. In 2009-2010, Washington State began requiring students to meet Essential Academic Learning Requirements in the Arts, making Arts Impact even more vital for teachers. OSPI’s Migrant Education Program entered into agreements with

Arts Impact through their partnership with PSESD using the Interlocal Agreement process for many years.

They are a nationally recognized arts education program, having received seven highly competitive U.S. Department of Education arts education grants. In one grant award, Arts Impact was able demonstrate how arts infusion was able to close the opportunity gap for children of color and children of poverty.

Arts Impact has extensive experience working in Washington State schools providing professional learning to PK-8th grade teachers reaching thousands of students and infusing the arts into core instruction showing increased engagement of participating students as well as increased involvement by mentored educators. Over the past 22 years, Arts Impact has served 1,477 teachers from 148 schools in 29 districts, reaching more than 135,000 students.

Arts Impact has successfully replicated its professional learning program in areas outside of the local Puget Sound Region including Bellingham, Spokane, Wenatchee, Yakima, and Riverview school District, just east of Seattle, and its partners now also include Pacific

Northwest Ballet, Seattle Art Museum, Seattle Children’s Theatre, Meany Center for the

Performing Arts (formerly University of Washington World Series), Book-it

Repertory Theatre, and Children’s Museum of Tacoma.

• What kind of market research did the agency conduct to conclude that alternative sources were inappropriate or unavailable? Provide a narrative description of the agency’s due diligence in determining the basis for the sole source contract, including methods used by the agency to conduct a review of available sources such as researching trade publications, industry newsletters and the internet; contacting similar service providers; and reviewing statewide pricing trends and/or agreements.

Neither OSPI nor other state/local entities such as Educational Service Districts are structured to provide ongoing professional learning of arts infusion in core instruction to educators serving migratory student population.

OSPI’s former Program Supervisor, who was well-informed of Arts Education resources in Washington State, could find no other entity with the knowledge and expertise like

Arts Impact that could provide arts infused professional learning for classroom educators that included guidance on measuring student growth. This partnership has provided an opportunity for classroom educators to engage in ongoing professional learning of arts

OSPI Sole Source Contract 20250323 Page 5 of 7 infusion in core instruction. This work continued over the course of some years, including during online learning as a result of COVID-19.

In the fall of 2021, OSPI’s Migrant Education Program initiated a process for a Request for Proposals (RFP 2022-29). In the spring of 2022, the successful bidder determined to be Arts Impact – they were also the only responsive bidder on the RFP. This contract became effective in September 2022, ended August 31, 2023, and was renewed time through August 31, 2024, utilizing a renewal option.

• As part of the market research, include a list of statewide contracts review and/or businesses contacted, date of contact, method of contact (telephone, mail, e-mail, other), and documentation demonstrating an explanation of why those businesses could not or would not, under any circumstances, perform the contract; or an explanation of why the agency has determined that no businesses other than the prospective contractor can perform the contract.

We are seeking a vendor who can provide arts infused professional learning for classroom educators that includes guidance on measuring student growth; no such statewide contract is a close match for these services. Specifically, OSPI reviewed statewide contract # 01620 for Business Consulting Services, but determined it not to be a fit since we are not seeking Organizational Development, Change Management, or

Management and Business Analysis Services.

• Per the Supplier Diversity Policy, DES-090-06: was this purchase included in the agency’s forecasted needs report?

No.

• Describe what targeted industry outreach was completed to locate small and/or veteran-owned businesses to meet the agency’s need.

Arts Impact’s WEBS profile indicates they are a Washington micro business.

• What considerations were given to unbundling the goods and/or services in this contract, which would provide opportunities for Washington small, diverse, and/or veteran-owned businesses. Provide a summary of your agency’s unbundling analysis for this contract.

Using DES’ Unbundling Analysis Worksheet, OSPI determiend that only 2 our of the 6 categories were likekly to unbundle: the work is conduected in more than one location and there are multiple services being provided. However, the services are all-encompassing, so there it was determiend that, overall, there is no ability to unbundle the services as they are continuation of efforts and intertwined.

Additionally, Arts Impact’s WEBS profile indicates they are a 50% minority, 100% female-owned Washington micro business.

OSPI Sole Source Contract 20250323 Page 6 of 7

• Provide a detailed and compelling description that includes quantification of the costs and risks mitigated by contracting with this contractor (i.e. learning curve, follow-up nature).

By continuing our relationship with Arts Impact, the agency will have access to a wealth of experts and teaching artists to continue the intended work with this contract: provide ongoing professional learning of arts infusion in core instruction to educators serving migratory student population.

Arts Impact has broader flexibility with their established area of expertise to meet beyond the normal agency working hours to ensure the identified activities are achieved within the established timeframe. This provides flexibility for Arts Impact staff to meet with teaching artists when they are available to plan for the work around supporting educators acquiring ongoing professional learning of the arts infusion in core instruction to better serve migratory students in their classrooms.

By contracting with Arts Impact, OSPI Migrant Education Program staff can better manage the multiple duties and activities assigned to program staff and continue to meet the program purpose of providing innovative services designed to meet the academic and support needs of migratory students.

• Is the agency proposing this sole source contract because of special circumstances such as confidential investigations, copyright restrictions, etc.? If so, please describe.

• Is the agency proposing this sole source contract because of unavoidable, critical time delays or issues that prevented the agency from completing this acquisition using a competitive process? If so, please describe. For example, if time constraints are applicable, identify when the agency was on notice of the need for the goods and/or service, the entity that imposed the constraints, explain the authority of that entity to impose them, and provide the timelines within which work must be accomplished.

• What are the consequences of not having this sole source filing approved? Describe in detail the impact to the agency and to services it provides if this sole source filing is not approved.

If we are unable to continue our partnership efforts with Arts Impact, the OSPI Migrant

Education Program will lose the opportunity to continue engaging migratory students and educators in a learning engagement model that incorporates the arts into core instruction and traditional ways of knowing. Current educators are just beginning to understand the ability to expand student knowledge and understanding by using the arts as a component of core instruction. Students have demonstrated a willingness to learn and engage with their teachers and peers in a different structure that allow them to express themselves and connect to the academic and art standards in a natural

OSPI Sole Source Contract 20250323 Page 7 of 7 environment. This contract will allow more educators and students to also engage in the journey to understand the role the arts have in their lives and personal education.

Developing these unique services and activities requires building trust with families and communities to support these educational systems that offers safe learning environments and if the project is not able to move forward, it may set back the progress in engaging at-risk students and their families in educational programs and services.

Reasonableness of Cost

• Since competition was not used as the means for procurement, how did the agency conclude that the costs, fees, or rates negotiated are fair and reasonable? Please make a comparison with comparable contracts, use the results of a market survey, or employ some other appropriate means calculated to make such a determination.

The breakdown of deliverable services notes the type of record keeping needed to ensure the activity costs are fair and reasonable. Arts Impact will be delivering a variety of services throughout the 2024-2025 program period and will have a several costs for teaching artists, mentors, training facilities, event coordination, and ongoing lesson/curriculum development for which staff will be compensated for their time. The projected costs are based on the number of estimated hours that will be required to successfully complete each task comparable to previous work completed by Arts Impact.

Subcontracted work will be commiserated to the prevailing wage for consultation and services. As part of the reporting process to OSPI, the contract's manager will work with

Arts Impact leadership to develop reporting tools that reflect completed activities and supports.

Attachment 2 – Proposed Draft Sole Source Contract

See next page

Page 1 of 8 Contract 20250323 between OSPI and Arts Impact (Rev. 08/24)

CONTRACT FOR SERVICES

Contract No. 20250323 between

SUPERINTENDENT OF PUBLIC INSTRUCTION,

STATE OF WASHINGTON

(hereinafter referred to as Superintendent/OSPI)

Old Capitol Building, PO Box 47200 Olympia, WA 98504-7200 and

ARTS IMPACT

(hereinafter referred to as Contractor)

1911 SW Campus Dr, #393 Federal Way, WA 98023

Employer Identification #83-4390508

Unified Business Identifier #604-436-487

In consideration of the promises and conditions contained herein, Superintendent and Contractor do mutually agree as follows:

I. DUTIES OF THE CONTRACTOR

I.A. General Objective. The general objectives of this Contract are as follows:

The Contractor shall engage middle school students (migratory qualified) and their teachers with an enriched arts experience while promoting academic learning in math, English language arts (ELA), science, social studies, and the arts.

I.B. Scope of Work. In order to accomplish the general objectives of this Contract, Contractor shall perform the following specific duties to the satisfaction of the OSPI Contract Manager:

1. Collaborate with OSPI program staff:

a. Facilitate regular (at least monthly) meetings with OSPI program staff to support the development and coordination of Voices from the Field (VFF) project elements.

2. Engage external stakeholders and community members:

a. Coordinate with OSPI to solicit guidance and feedback from key educational and community stakeholders to support VFF.

b. Design and execute a stakeholder engagement plan. Plan for regular communication with OSPI, district staff, teachers, families and community members.

c. Include stakeholder and community member feedback including engagement strategies and summary of feedback and recommendations in all progress and summative reports.

Page 2 of 8 Contract 20250323 between OSPI and Arts Impact

3. Design and implement educator professional learning:

a. Develop and facilitate effective practices to address the Areas of Opportunity (incorporated by this reference) for migrant students by infusing art standards (incorporated by this reference) into core instruction in math, English Language Arts (ELA), science, or social studies (all (incorporated by this reference).

b. With guidance from OSPI, recruit statewide and coordinate a cohort of qualified educators (up to thirty-six (36) for project participation in up to twelve (12) Local Education Agencies (LEAs).

c. Design, coordinate and facilitate ongoing professional training that addresses:

i. standards aligned, arts-infused lesson development and assessment,

ii. student engagement and learning experiences, and

iii. community (parent/guardian, family) engagement and partnership.

d. Develop arts infused professional learning resources for educators to use with participating students.

e. Use culturally responsive and inclusive instructional practices in all professional learning materials and sessions that particularly address mobile student populations, students learning English, and students with disabilities.

f. Include participant reflection, feedback tools and mechanisms to evaluate program impact in alignment with the Areas of Opportunity for migrant students.

g. Consult with OSPI’s Migrant Education Program (incorporated by this reference) to determine best practices for working with historically underserved student populations, families and communities.

h. All student learning materials and resources shall be produced in format, compliant with the Americans With Disabilities Act and follow the Web Content

Accessibility Guidelines (WCAG) 2.0, OSPI’s formatting standard specified in

Exhibit B – OSPI Americans with Disabilities Act Compliance: Graphics and

Colors, and OSPI’s Style Guide. See I.D. for additional information.

4. Design, develop, and implement a plan to provide ongoing, job-embedded support to participating educators:

a. Provide 1:1 supports to participants either virtual or face-to-face for the effective implementation of student learning programs.

b. Provide educators with strategies and supports to continue student engagement with arts infused learning throughout the school year.

c. Coordinate with school administration to observe teachers’ classes and student learning.

5. Program Evaluation and Reporting:

a. Provide quarterly progress reports including data, narrative and comments from all stakeholders reflective of the Areas of Opportunity and academic learning for migrant students to determine progress, any challenges, course corrections, and other project elements.

b. Annual Summative Report

c. Other reporting: provide data and other project information as requested by

OSPI, per the Reporting Table below.

https://www.k12.wa.us/sites/default/files/public/migrantbilingual/WA%20State%20Migrant%20Education%20Program%207%20Areas%20of%20Opportunity.pdf https://www.k12.wa.us/student-success/resources-subject-area/arts/arts-k%E2%80%9312-learning-standards https://www.k12.wa.us/student-success/resources-subject-area/mathematics/mathematics-k%E2%80%9312-learning-standards https://www.k12.wa.us/student-success/resources-subject-area/english-language-arts/learning-standards-and-best-practices-instruction https://www.k12.wa.us/student-success/resources-subject-area/english-language-arts/learning-standards-and-best-practices-instruction https://www.k12.wa.us/student-success/resources-subject-area/science/science-k%E2%80%9312-learning-standards https://www.k12.wa.us/student-success/resources-subject-area/social-studies/learning-standards https://www.k12.wa.us/sites/default/files/public/migrantbilingual/WA%20State%20Migrant%20Education%20Program%207%20Areas%20of%20Opportunity.pdf https://www.k12.wa.us/student-success/access-opportunity-education/migrant-and-multilingual-education/migrant-education-program https://www.w3.org/WAI/WCAG20/glance/ https://www.w3.org/WAI/WCAG20/glance/ https://www.k12.wa.us/sites/default/files/public/StyleGuide12-2019.pdf https://www.k12.wa.us/sites/default/files/public/migrantbilingual/WA%20State%20Migrant%20Education%20Program%207%20Areas%20of%20Opportunity.pdf

Page 3 of 8 Contract 20250323 between OSPI and Arts Impact

I.C. Deliverables. The Contractor shall provide the following deliverables to the OSPI Contract Manager by the dates indicated below:

Voices from the Field (VFF) Educator Arts Academy

Task Due Date

Task 1: Communications Plan. Develop and submit a communications plan with OSPI Migrant Education Program (MEP) staff to set up regular and on-going meetings with OSPI program staff to support the development and coordination of VFF project elements (email, phone, meetings) e.g., academy planning updates via video conference, mentorship plan updates and progress via video conference and email, summary reports via email. Once approved by OSPI, the plan shall be incorporated by this reference and must be adhered to unless amended in writing and signed by both parties.

December 6, 2024

Task 2: Engagement of external stakeholders and community members. Design and execute a stakeholder engagement plan. Plan for regular communication with OSPI, district staff, teachers, families, and community members.

Monthly updates, and as requested by OSPI.

Task 3: Design, coordinate and facilitate ongoing professional learning/training for participating educators that addresses:

standards aligned, arts-infused lesson development and assessment; student engagement and learning experiences;

and community (parent/guardian, family) engagement and partnership.

Contract commencement - August 31, 2025

Task 4: Plan to recruit statewide and coordinate a cohort of qualified educators (up to thirty-six (36) for project participation in up to twelve (12) Local Education Agencies (LEAs).

Contract commencement - May 22, 2025

Task 5: Develop arts infused professional learning resources for educators to use with participating students.

Monthly updates, and as requested by OSPI.

Mentorship

Task 1: Communications Plan. Develop and submit a communications plan with OSPI Migrant Education Program (MEP) staff to set up regular and on-going meetings with OSPI program staff to support the development and coordination of VFF project elements (email, phone, meetings) e.g., academy planning updates via video conference, mentorship plan updates and progress via video conference and email, summary reports via email. Once approved by OSPI, the plan shall be incorporated by this reference and must be adhered to unless amended in writing and signed by both parties.

December 6, 2024

Page 4 of 8 Contract 20250323 between OSPI and Arts Impact

Mentorship

Task Due Date

Task 2: Provide complete and updated schedule of planned mentorships, including dates, collaborative partnerships, and deadlines.

Contract commencement February 11, 2025

Task 3: Implement up to thirty-six (36) arts infused ongoing, job-embedded mentorships to participating educators for school year 2024-25.

Contract commencement

– May 24, 2025

Task 4: Implementation of collaborative arts-infused lesson writing sessions with educators and Artist Mentors.

Monthly updates, and as requested by OSPI.

Task 5: Classroom visits/co-teaching with Artist Mentors (virtual or in person).

Monthly updates, and as requested by OSPI.

Task 6: Updates on new arts-infused lessons created, vetted, and taught in collaboration with educators and Artist Mentors.

Monthly updates, and as requested by OSPI.

Task 7: Ongoing coaching, support, and collaboration from Artist Mentors and Program Manager as needed.

Monthly updates, and as requested by OSPI.

Reports for Mentorships and VFF Educator Academy

Task 1: A plan to ensure annual Summative Report is completed. This report should reflect planning and implementation of each component of the program. Evaluation tools should include data, narrative and comments from all stakeholders reflective of the Areas of Opportunity and academic learning for migratory students to determine progress, any challenges, course corrections and other project elements. Final copies of all developed materials including lessons must be provided.

December 6, 2024

Task 2: Progress Report 1 January 17, 2025

Task 3: Progress Report 2 March 14, 2025

Task 4: Progress Report 3 May 16, 2025

Task 5: Progress Report 4 July 18, 2025

Task 6: Summative Report August 15, 2025

Task 7: Other reporting: provide data and other project information as requested by OSPI

As requested by OSPI

I.D. Accessibility and Brand Compliance. All documents, videos, audio records, presentations, or other deliverables required under this Contract shall be produced in format, compliant with the Americans With Disabilities Act and follow the Web Content Accessibility Guidelines (WCAG) 2.0, OSPI’s formatting standard specified in Attachment B – OSPI Americans with Disabilities Act Compliance: Graphics and Colors, OSPI’s Brand Use Policy, and OSPI’s Style Guide, which are hereby incorporated by this reference. In the event that the deliverables are not compliant, OSPI may require Contractor to promptly make modifications https://www.w3.org/WAI/WCAG20/glance/ https://www.w3.org/WAI/WCAG20/glance/ https://www.k12.wa.us/sites/default/files/public/communications/pubdocs/Agency-Brand-Use-Policy.pdf https://www.k12.wa.us/sites/default/files/public/communications/pubdocs/StyleGuide.pdf https://www.k12.wa.us/sites/default/files/public/communications/pubdocs/StyleGuide.pdf

Page 5 of 8 Contract 20250323 between OSPI and Arts Impact that will make the deliverables compliant. Additionally, OSPI shall have the right to modify or copy the deliverables in order to make them accessible and/or compliant.

II. SCHEDULE OF PERFORMANCE

Contractor shall not commence performance, or be entitled to compensation or reimbursement for any services rendered, prior to the occurrence of each of the following conditions: (1) This Contract must be executed by a representative of the Contractor and the Superintendent; (2) Provisions of Chapter 39.26 RCW require the Agency to file this sole source Contract with the Department of Enterprise Services (DES) for approval; no Contract so filed is effective nor shall work commence under it until the fifteenth (15th) working day following the date of filing, subject to DES approval. In the event DES fails to approve the Contract, the Contract shall be null and void; and, (3) Contract Manager must confirm the occurrence of conditions number one (1) and two (2) and notify the Contractor to commence performance.

The schedule of performance of Contractor’s duties is as follows subject, however, to the three

(3) prior conditions to commencement of performance set forth immediately above:

December 2, 2024, date of approval by DES, or date of execution, whichever is later, through August 31, 2025.

III. INVOICING & PAYMENT

III.A.1. Compensation Amount. In consideration of Contractor’s satisfactory performance of the duties set forth herein, Superintendent shall compensate Contractor in an amount not to exceed a total of four-hundred thirty-three thousand, one-hundred ninety-four dollars ($433,194) as noted below in part B, Schedule of Payments. Payment for satisfactory performance shall not exceed this amount unless the parties mutually agree to a higher amount prior to the commencement of any work, which will cause the maximum payment to be increased.

III.A.2. Funding Source. One hundred percent (100%) of the funds for the payment of this

Contract are provided by federal program Title 1, Part C, Education of Migratory Children, CFDA #84.011A, therefore, Contractor shall comply with Federal Grant Terms and Conditions, attached hereto as Attachment A1.

III.A.3. All expenses necessary to the Contractor’s performance of this Contract not specifically mentioned in the Contract shall be borne in full by the Contractor.

III.B.1. Billing Procedure. Payment shall be made to the Contractor as follows:

Periodically (not more often than monthly), in the form of progress payments in the amounts and for the stages of partial performance set forth below:

SCHEDULE OF PAYMENTS

Deliverable Due Date Payment

Mentorship Task 1: School-Year Mentorship Communications Plan

12-6-2024 $6,000

VFF Educator Arts Academy Task 1: Summer Educator Academy Communications Plan

12-6-2024 $4,000

Page 6 of 8 Contract 20250323 between OSPI and Arts Impact

Reports for Mentorship and VFF Educator Arts Academy Task 1: Reports Plan

12-6-2024 $8,000

Mentorship Task 2: Schedule of Planned Mentorships 02-11-2025 $40,000

Progress Report 1 01-17-2025 $5,000

Progress Report 2 03-14-2025 $5,000

Progress Report 3 05-16-2025 $5,000

VFF Educator Arts Academy Task 4: Educator Recruitment Plan

05-22-2025 $20,000

VFF Educator Arts Academy Task 3: Professional Learning for Educators

06-30-2025 $56,000

VFF Educator Arts Academy Task 5: Arts-Infused Professional Learning Resources

06-30-2025 $24,000

Mentorship Tasks 3, 4, 5, & 6 06-30-2025 $235,194

VFF Educator Arts Academy Task 2: Stakeholder Engagement Plan including Family Events

06-30-2025 $10,000

Progress Report 4 07-18-2025 $5,000

Summative Report 08-15-2025 $10,000

III.B.2. Invoice Requirements. The invoices shall document to the OSPI Contract Manager’s satisfaction a description of the work performed and payment requested. Within approximately thirty (30) calendar days of the OSPI Contract Manager receiving and approving the invoice, payment will be mailed or electronically transferred to the Contractor by Agency Financial Services, OSPI.

The invoices must be emailed to the OSPI Contract Manager and shall include:

• OSPI Contract number

• Contractor name, address, telephone number, and email address for billing issues if someone other than the Contractor’s Contract Manager

• Contractor’s Federal Tax Identification Number

• Contractor’s Statewide Vendor Number

• Description of Services and Deliverables provided

• Date(s) of Service, if applicable

• Invoice amount for each Service or Deliverable, including applicable taxes

Contractor’s invoices for payment shall reflect accurate Contract prices. Invoices will not be processed for payment until receipt of a complete invoice as specified herein. OSPI shall have no obligation to pay Contractor for any services that do not comply with this Contract.

III.B.3. If errors are found in the submitted invoice or supporting documents, the OSPI Contract Manager will notify the Contractor. In order to receive payment, it shall be the responsibility of the Contractor to make corrections in a timely manner, resubmit the invoice and/or supporting documentation as requested, and notify the OSPI Contract Manager.

III.B.4. Final payment shall be made after acceptance by the OSPI Contract Manager if received by within sixty (60) days after the Contract expiration date, unless negotiated with the OSPI

Page 7 of 8 Contract 20250323 between OSPI and Arts Impact

Contract Manager and the Fiscal Budget Analyst. There will be no obligation to pay any claims that are submitted sixty-one (61) or more calendar days after the expiration date (“Belated Claims”). Belated Claims will be paid at OSPI’s sole discretion, and any such potential payment is contingent upon the availability of funds.

IV. CONTRACT MANAGEMENT

The following shall be the contact person for all communications and billings regarding the performance of this contract. Any changes to this information shall be communicated to the other party in writing as soon as reasonably possible.

Contractor OSPI

V. INCORPORATION OF ATTACHMENTS AND ORDER OF PRECEDENCE

Each of the attachments listed below is by this reference hereby incorporated into this Contract.

In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order:

• Applicable Federal and state of Washington statutes and regulations

• Special Terms and Conditions as contained in this basic contract instrument

• Attachment A – Contract for Services, General Terms and Conditions

• Attachment A1 – Federal Grant Terms and Conditions

• Attachment B – OSPI Americans with Disabilities Act Compliance: Graphics and Colors

• Any other provision, term or material incorporated herein by reference or otherwise incorporated.

Intentionally left blank Intentionally left blank mailto:BeverlyHB@arts-impact.org mailto:griselda.guevara-cruz@k12.wa.us

Page 8 of 8 Contract 20250323 between OSPI and Arts Impact

VI. APPROVAL

This Contract shall be subject to the written approval of the Superintendent’s authorized representative and shall not be binding until so approved. The Contract may be altered, amended, or waived only by a written amendment executed by both parties.

We the undersigned agree to the terms of the foregoing Contract.

Arts Impact Superintendent of Public Instruction

State of Washington

Signature Kyla L. Moore, Contracts Administrator

Printed Name Date

Title

Date

Who certifies that he/she is the Contractor identified herein, OR a person duly qualified and authorized to bind the Contractor so identified to the foregoing Agreement.

Approved as to FORM ONLY by the Assistant Attorney General

Page 1 of 15 Contract 20250323 Attachment A – General Terms and Conditions between OSPI and Arts Impact FORM SPI D-283 (Rev. 01/24)

Attachment A Contract for Services

GENERAL TERMS AND CONDITIONS,

Definitions. As used throughout this Contract and General Terms and Conditions, the following terms shall have the meaning set forth below:

“Contract” or “Agreement” means the entire written agreement between OSPI and the Contractor, including any attachments, exhibits, documents, or materials incorporated by reference. Contract and Agreement may be used interchangeably.

"Contractor" shall mean that firm, provider, organization, individual, or other entity performing service(s) under this Contract, and shall include all employees of the Contractor.

“Services” means all work performed or provided by Contractor pursuant to this Contract.

“Statement of Work” or “SOW” or “Scope of Work” means a detailed description of the work activities the Contractor is required to perform under the terms and conditions of this Contract, including the deliverables and timeline.

"Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms " Subcontractor" and " Subcontractors" means Subcontractor(s) in any tier.

"Superintendent" shall mean the Office of Superintendent of Public Instruction (OSPI) of the State of Washington, any division, section, office, unit or other entity of the Superintendent, or any of the officers or other officials lawfully representing the Superintendent. Superintendent and OSPI may be used interchangeably.

1. Access to Data. In compliance with Chapter 39.26 RCW, the Contractor shall provide access to data generated under this Contract to the Superintendent, the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Contractor’s reports, including computer models and methodology for those models.

2. Alterations and Amendments. This Contract may be amended only by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties.

3. Americans with Disabilities Act (ADA) of 1990, Public Law 101-336, also referred to as the “ADA” 28 CFR Part 35. The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications.

4. Assignment. Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of the Superintendent.

5. Assurances. The Superintendent and the Contractor agree that all activity pursuant to this

Contract will be in accordance with all applicable current federal, state and local laws, rules and regulations.

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FORM SPI D-283 (Rev. 01/24)

6. Attorney’s Fees. In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney’s fees and costs.

7. Audit Requirements. If the Contractor is a Subrecipient of federal awards as defined by the Office of Management and Budget (OMB) CFR, Part 200, Subpart F, and expends seven hundred and fifty thousand dollars ($750,000) or more in federal awards (does not apply to contracts for goods and services) from all federal sources in any fiscal year beginning on or after December 26, 2014, the Contractor shall procure at their expense a single or program-specific audit for that year. The Contractor shall incorporate OMB CFR, Part 200, Subpart F audit requirements into all contracts between the Contractor and its Subcontractors who are Subrecipients of federal awards. The Contractor shall comply with any future amendments to OMB and any successor or replacement Circular or regulation.

8. Budget Revisions. Any monetary amount budgeted by the terms of this Contract for various activities and line-item objects of expenditure may be revised without prior written approval of Superintendent, so long as the revision is no more than ten percent (10%) of the original line item amount and the increase in an amount is offset by a decrease in one or more other amounts equal to or greater than the increase. All other budget revisions exceeding ten percent (10%) shall only be made with the prior written approval of the Superintendent.

9. Certification Regarding Debarment, Suspension, and Ineligibility. The Contractor certifies that neither it nor its principals are debarred, suspended, proposed for debarment, or voluntarily excluded from participation in transactions by any federal department or agency. The Contractor further certifies that they will ensure that potential subcontractors or any of their principals are not debarred, suspended, proposed for debarment, or voluntarily excluded from participation in covered transactions by any federal department or agency.

“Covered transactions” include procurement contracts for goods that are expected to equal or exceed twenty-five thousand dollars ($25,000). Contractor may do so by obtaining a certification statement from the potential subcontractor or subrecipient or by checking online at the System for Award Management (SAM), Excluded Parties List. The Contractor shall immediately notify the Superintendent if, during the term of this contract, Contractor becomes debarred. The Superintendent may immediately terminate this Contract by providing Contractor written notice if Contractor becomes debarred during the term of this Contract.

The Contractor also certifies that neither it nor its principals are debarred, suspended, or proposed for debarment from participation in transactions by any state department or agency. The Contractor further certifies that they will ensure that potential subcontractors or any of their principals are not debarred, suspended, or proposed for debarment from participation in covered transactions by any state department or agency.

10. Certification Regarding Lobbying. The Contractor certifies that Federal-appropriated funds will not be used to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress or an employee of a member of Congress in obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Contractor must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Contractor shall require its subcontractors to certify compliance with this provision.

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FORM SPI D-283 (Rev. 01/24)

11. Certification Regarding Wage Violations. The Contractor certifies that within three (3) years prior to the date of execution of this Contract, Contractor has not been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52.

The Contractor further certifies that it will remain in compliance with these requirements during the term of this Contract. Contractor will immediately notify the Superintendent of any finding of a willful violation entered by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction entered during the term of this Contract.

12. Change in Status. In the event of substantive change in the legal status, organizational structure, or fiscal reporting responsibility of the Contractor, Contractor agrees to notify the Superintendent of the change. Contractor shall provide notice as soon as practicable, but no later than thirty (30) days after such a change takes effect.

13. Confidentiality. The Contractor acknowledges that all of the data, material and information which originates from this Contract, and any student assessment data, material and information which will come into its possession in connection with performance under this Contract, consists of confidential data owned by the Superintendent or confidential personally identifiable data subject to the federal Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) or other privacy laws, and that the data must be secured and protected from unauthorized disclosure by the Contractor. The Contractor is wholly responsible for compliance with FERPA requirements.

The Contractor, therefore, agrees to hold all such material and information in strictest confidence, not to make use thereof other than for the performance of this Contract, to release it only to authorized employees and agents requiring such information and not release or disclose it to any other party. The Contractor agrees to release such information or material only to employees and agents who have signed a written agreement expressly prohibiting disclosure or usages not specifically authorized by this Contract.

14. Copyright Provisions. Unless otherwise provided, all Materials produced under this

Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and copyright shall be owned by the Superintendent. The Superintendent shall be considered the author of such Materials. If Materials are not considered “works for hire”, Contractor hereby irrevocably assigns all right, title, and interest in Materials, including all intellectual property rights, to the Superintendent effective from the moment of creation of such Materials.

Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Copyright ownership includes the right to patent, register and the ability to transfer these rights.

Contractor understands that, except where otherwise agreed to in writing or approved by the Superintendent or designee, all original works of authorship produced under this Contract shall carry a Creative Commons Attribution License, version 4.0 or later.

http://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 http://app.leg.wa.gov/RCW/default.aspx?cite=49.46 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48 http://app.leg.wa.gov/RCW/default.aspx?cite=49.52 http://creativecommons.org/licenses/by/4.0/

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FORM SPI D-283 (Rev. 01/24)

All Materials the Contractor has adapted from others’ existing openly licensed resources must be licensed with the least restrictive open license possible that is not in conflict with existing licenses.

For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, Contractor will license the materials to allow others to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. If the Contractor would like to limit these pre-existing portions of the work to non-commercial use, the Creative Commons Attribution-NonCommercial (preferred) or Creative Commons Attribution-NonCommercial-ShareAlike licenses, version 4.0 or later, are acceptable for these specific sections.

The Contractor warrants and represents that Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to apply such a license.

The Contractor shall exert all reasonable effort to advise the Superintendent, at the time of delivery of data furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract.