15-CONTRACT-INNOVATIONS EDUCATIONAL CONSULTING-SIGNED.PDF
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CONTRACT EDUCATIONAL CONSULTING SERVICES, SCHOOLS 240124-RFP This contract is entered into this 8th day of May, 2024, by and between Maricopa County (“County”), a political subdivision of the State of Arizona, and Innovations Educational Consulting, Inc, a Utah corporation (“Contractor”) for educational consulting services (consultant and professional development) for the Maricopa County School Superintendent’s Office (MCSSO). Other County departments may utilize this contract. 1.0 2.0 3.0 4.0 CONTRACT TERM This contract is for a term of one year and two months, beginning on the 8th of May, 2024 and ending the 31st of June, 2025. OPTION TO RENEW The County may, at its option and with the concurrence of the Contractor, renew the term of this contract up to a maximum of five additional years, (or at the County’s sole discretion, extend the contract on a month-to-month basis for a maximum of six months after expiration). The Contractor shall be notified in writing by the Office of Procurement Services of the County’s intention to renew the contract term at least 60 calendar days prior to the expiration of the original contract term. CONTRACT COMPLETION In preparation for contract completion, the Contractor shall make all reasonable efforts for an orderly transition of its duties and responsibilities to another provider and/or to the County. This may include, but is not limited to, preparation of a transition plan and cooperation with the County or other providers in the transition. The transition includes the transfer of all records and other data in the possession, custody, or control of the Contractor that are required to be provided to the County either by the terms of this agreement or as a matter of law. The provisions of this clause shall survive the expiration or termination of this agreement. PRICE ADJUSTMENTS Any requests for reasonable price adjustments must be submitted 60 calendar days prior to contract expiration. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. The reasonableness of the request will be determined by comparing the request with the Consumer Price Index or by performing a market survey. If County agrees to the adjusted price terms, County shall issue written approval of the change and provide an updated version of the contract. The new change shall not be in effect until the date stipulated on the updated version of the contract. SERIAL# 240124-RFP 5.0 PAYMENTS 5.1 As consideration for performance of the duties described herein, County shall pay Contractor the sum(s) stated in Exhibit D – Pricing Sheet. 5.2 Payment shall be made upon the County’s receipt of a properly completed invoice. 5.3 INVOICES 5.3.1 The Contractor shall submit one legible copy of their detailed invoice before payment(s) will be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information: • Company name, address, and contact information • County bill-to name and contact information • Contract serial number • County purchase order number • Project name and/or number • Invoice number and date • Payment terms • Date of service or delivery • Arrival and Completion Time (if applicable) • Description of purchase (product or services) • Pricing per unit of purchase • Extended price • Mileage with rate (if applicable) • Total amount due 5.3.2 Problems regarding billing or invoicing shall be directed to the department as listed on the purchase order. 5.3.3 Payment shall only be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Vendor Registration Form located on the County Department of Finance Vendor Registration Web Site (https://www.maricopa.gov/5169/Vendor-Information). 5.3.4 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County. 5.3.5 EFT payments to the routing and account numbers designated by the Contractor shall include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details. 5.4 APPLICABLE TAXES 5.4.1 It is the responsibility of the Contractor to determine any and all applicable taxes and include those taxes in their proposal. The legal liability to remit the tax is on the entity conducting business in Arizona. Tax is not a determining factor in contract award. 5.4.2 The County will look at the price or offer submitted and will not deduct, add, or alter pricing based on speculation or application of any taxes, nor will the County provide Contractor any advice or guidance regarding taxes. If you have questions regarding your tax liability, seek advice from a tax professional prior to submitting your bid. You may also find information at https://www.azdor.gov/Business.aspx. Once your bid is submitted, the offer is valid for the time specified in this solicitation, regardless of mistake or omission of tax liability. If the County finds overpayment SERIAL# 240124-RFP of a project due to tax consideration that was not due, the Contractor will be liable to the County for that amount, and by contracting with the County agrees to remit any overpayments back to the County for miscalculations on taxes included in a bid price. 5.4.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State, and local taxes applicable to their operation and any persons employed by the Contractor. Contractor shall, and require all subcontractors to, hold Maricopa County harmless from any responsibility for taxes, damages, and interest, if applicable, contributions required under Federal and/or State and local laws and regulations, and any other costs including: transaction privilege taxes, unemployment compensation insurance, Social Security, and workers’ compensation. Contractor may be required to establish, to the satisfaction of County, that any and all fees and taxes due to municipality or the State of Arizona for any license or transaction privilege taxes, use taxes, or similar excise taxes are currently paid (except for matters under legal protest). 6.0 AVAILABILITY OF FUNDS 6.1 The provisions of this contract relating to payment for services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to County for disbursement. The County shall be the sole judge and authority in determining the availability of funds under this contract. County shall keep the Contractor fully informed as to the availability of funds. 6.2 If any action is taken by, any State agency, Federal department, or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this contract, County may amend, suspend, decrease, or terminate its obligations under, or in connection with, this contract. In the event of termination, County shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions of this contract. County shall give written notice of the effective date of any suspension, amendment, or termination under this section, at least 10 days in advance. 7.0 STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE) The County is a member of the SAVE cooperative purchasing group. SAVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts. Under the SAVE Cooperative Purchasing Agreement, and with the concurrence of the successful respondent under this solicitation, a member of SAVE may access a contract resulting from a solicitation issued by the County. If contractor does not want to grant such access to a member of SAVE, state so in contractor’s bid. In the absence of a statement to the contrary, the County will assume that contractor does wish to grant access to any contract that may result from this bid. The County assumes no responsibility for any purchases by using entities. 8.0 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPAs) County currently holds ICPAs with numerous governmental entities. These agreements allow those entities, with the approval of the Contractor, to purchase their requirements under the terms and conditions of the County contract. It is the responsibility of the non-County government entity to perform its own due diligence on the acceptability of the contract under its applicable procurement rules, processes, and procedures. Certain governmental agencies may not require an ICPA and may utilize this contract if it meets their individual requirements. Other governmental agencies may enter into a separate Statement of Work with the Contractor to meet their own requirements. The County is not a party to any uses of this contract by other governmental entities. SERIAL# 240124-RFP 9.0 DUTIES 9.1 The Contractor shall perform all duties stated in Exhibit B – Scope of Work, or as otherwise directed in writing by the procurement officer. 10.0 TASK ORDERS 10.1 The County will award for services for this contract through the Task Order process, and using the County’s e-procurement platform. The County reserves the right to select any qualified vendor under this contract for Task Orders valued under $25,000 without further competition, based on the County’s needs, as long as the work is clearly defined as a onetime need and is approved by the Office of Procurement Services (OPS). For service requirements valued over $25,000, specific details for services needed will be provided and vendors will be given time to respond to the Task Order with their proposed work plan, staff, and pricing. The vendor that best meets the need of the County will be awarded the Task Order. 10.2 Award of this contract does not guarantee award of any individual Task Order. The County is aware that there may be categories of educational consulting services that have not been included in this solicitation but may be useful to the County. In your proposal, explain such categories and your firm’s qualifications for such. 11.0 TERMS AND CONDITIONS 11.1 INDEMNIFICATION 11.1.1 To the fullest extent permitted by law, and to the extent that claims, damages, losses, or expenses are not covered and paid by insurance purchased by the contractor, the contractor shall defend, indemnify, and hold harmless the County (as Owner), its agents, representatives, officers, directors, officials, and employees from and against all claims, damages, losses, and expenses (including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from, the negligent acts, errors, omissions, or mistakes of the contractor, a subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable relating to the performance of this contract. 11.1.2 Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment of, or destruction of tangible property, including loss of use resulting therefrom, caused by negligent acts, errors, omissions, or mistakes in the performance of this contract, but only to the extent caused by the negligent acts or omissions of the contractor, a subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. 11.1.3 The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this section. 11.1.4 The scope of this indemnification does not extend to the sole negligence of County. 11.2 INSURANCE 11.2.1 Contractor, at Contractor’s own expense, shall purchase and maintain, at a minimum, the herein stipulated insurance from a company or companies duly licensed by the State of Arizona and possessing an AM Best, Inc. category rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be SERIAL# 240124-RFP purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County. 11.2.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this contract. 11.2.3 In the event that the insurance required is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this contract and either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed. 11.2.4 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 11.2.5 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies. 11.2.6 The insurance policies may provide coverage that contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 11.2.7 The insurance policies required by this contract, except Workers’ Compensation and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials, and employees as additional insureds. 11.2.8 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials, and employees for any claims arising out of Contractor’s work or service. 11.2.9 If available, the insurance policies required by this contract may be combined with Commercial Umbrella Insurance policies to meet the minimum limit requirements. If a Commercial Umbrella insurance policy is utilized to meet insurance requirements, the Certificate of Insurance shall indicate which lines the Commercial Umbrella Insurance covers. 11.2.9.1 Commercial General Liability Commercial General Liability (CGL) insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. SERIAL# 240124-RFP 11.2.9.2 Automobile Liability Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $2,000,000 each occurrence with respect to any of the Contractor’s owned, hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work or services or use or maintenance of the premises under this contract. 11.2.9.3 Workers’ Compensation 11.2.9.3.1 Workers’ compensation insurance to cover obligations imposed by Federal and State statutes having jurisdiction of Contractor’s employees engaged in the performance of the work or services under this contract; and Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. 11.2.9.3.2 Contractor, its subcontractors, and sub-subcontractors waive all rights against this contract and its agents, officers, directors, and employees for recovery of damages to the extent these damages are covered by the workers’ compensation and Employer’s Liability or Commercial Umbrella Liability insurance obtained by Contractor, its subcontractors, and its sub-subcontractors pursuant to this contract. 11.2.9.4 Errors and Omissions/Professional Liability Insurance Errors and Omissions (Professional Liability) insurance which will insure and provide coverage for errors or omissions or professional liability of the contractor, with limits of no less than $2,000,000 for each claim. 11.2.10 Certificates of Insurance 11.2.10.1 Prior to contract award, Contractor shall furnish the County with valid and complete Certificates of Insurance, or formal endorsements as required by the contract in the form provided by the County, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this contract are in full force and effect. Such certificates shall identify this contract number and title. 11.2.10.2 In the event any insurance policy(ies) required by this contract is (are) written on a claims-made basis, coverage shall extend for two years past completion and acceptance of Contractor’s work or services and as evidenced by annual certificates of insurance. 11.2.10.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County 15 calendar days prior to the expiration date. 11.2.10.4 Certificates of Insurance shall identify Maricopa County as the certificate holder as follows: Maricopa County c/o Risk Management 301 W Jefferson St, Suite 910 Phoenix, AZ 85003 SERIAL# 240124-RFP 11.2.11 Cancellation and Expiration Notice 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 30 days prior written notice to Maricopa County. Contractor must provide to Maricopa County, within two business days of receipt, 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 Maricopa County Office of Procurement Services and shall be mailed, or hand delivered to 301 W. Jefferson, Suite 700, Phoenix, AZ 85003, or emailed to the procurement officer noted in the solicitation. 11.3 FORCE MAJEURE 11.3.1 Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this contract, if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events, occurrences, or causes include, but are not limited to, acts of God/nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, and interruption or failure of electricity or telecommunication service, and pandemic. 11.3.2 Each party, as applicable, shall give the other party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 11.3.3 The party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated. 11.4 ORDERING AUTHORITY Any request for purchase shall be accompanied by a valid purchase order issued by a County department or directed by a Certified Agency Procurement Aid (CAPA) with a purchase card for payment. 11.5 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION This contract does not guarantee any minimum or maximum purchases will be made. Orders will only be placed under this contract when the County identifies a need and proper authorization and documentation have been approved. 11.6 PURCHASE ORDERS 11.6.1 County reserves the right to cancel purchase orders within a reasonable period of time after issuance. Should a purchase order be canceled, the County agrees to reimburse the Contractor for actual and documentable costs incurred by the Contractor in response to the purchase order. The County will not reimburse the SERIAL# 240124-RFP Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, or for shipment of product prior to issuance of purchase order. 11.6.2 Contractor agrees to accept verbal notification of cancellation of purchase orders from the County procurement officer with written notification to follow. Contractor specifically acknowledges to be bound by this cancellation policy. 11.7 BACKGROUND CHECK Respondents may be required to pass multiple background checks (e.g. Sheriff’s Office, County Attorney's Office, Courts, as well as Maricopa County general government) to determine if the respondent is acceptable to do business with the County. This applies to, but is not limited to, the company, subcontractors, and employees, and the failure to pass these checks shall deem the respondent non-responsible. 11.8 SUSPENSION OF WORK The procurement officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the procurement officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract. 11.9 STOP WORK ORDER 11.9.1 The procurement officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 calendar days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 calendar days after a stop work order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the procurement officer shall either: 11.9.1.1 cancel the stop work order; or 11.9.1.2 terminate the work covered by the order as provided in the Termination for Default or the Termination for Convenience clause of this contract. 11.9.1.3 The procurement officer may make an equitable adjustment in the delivery schedule and/or contract price, and the contract shall be modified, in writing, accordingly, if the Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor 11.10 TERMINATION FOR CONVENIENCE Maricopa County may terminate the resultant contract for convenience by providing 60 calendar days advance notice to the Contractor. 11.11 TERMINATION FOR DEFAULT 11.11.1 The County may, by written Notice of Default to the Contractor, terminate this contract in whole or in part if the Contractor fails to: SERIAL# 240124-RFP 11.11.1.1 deliver the supplies or to perform the services within the time specified in this contract or any extension; 11.11.1.2 make progress, so as to endanger performance of this contract; or 11.11.1.3 perform any of the other provisions of this contract. 11.11.2 The County’s right to terminate this contract under these subparagraphs may be exercised if the Contractor does not cure such failure within 10 business days (or more if authorized in writing by the County) after receipt of a Notice to Cure from the procurement officer specifying the failure. 11.12 PERFORMANCE It shall be the Contractor’s responsibility to meet the proposed performance requirements. Maricopa County reserves the right to obtain services on the open market in the event the Contractor fails to perform, and any price differential will be charged against the Contractor. 11.13 CONTRACTOR EMPLOYEE MANAGEMENT 11.13.1 Contractor shall endeavor to maintain the personnel proposed in their proposal throughout the performance of this contract. 11.13.2 If Contractor personnel’s employment status changes, Contractor shall provide County a list of proposed replacements with equivalent or greater experience. 11.13.3 Under no circumstances shall the implementation schedule to be impacted by a personnel change on the part of the Contractor. 11.13.4 Contractor shall not reassign any key personnel identified in their proposal without the express consent of the County. 11.13.5 County reserves the right to immediately remove from its premises any Contractor personnel it determines to be a risk to County operations. 11.13.6 County reserves the right to request the replacement of any Contractor personnel at any time, for any reason. 11.14 TRAINING Contractor shall provide training services, as needed, to completely train County personnel. All training shall take place on-site in Maricopa County, unless otherwise negotiated with County. 11.15 WARRANTY OF SERVICES 11.15.1 The Contractor warrants that all services provided hereunder will conform to the requirements of the contract, including all descriptions, specifications, and attachments made a part of this contract. County’s acceptance of services or goods provided by the Contractor shall not relieve the Contractor from its obligations under this warranty. 11.15.2 In addition to its other remedies, County 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. SERIAL# 240124-RFP 11.16 INSPECTION OF SERVICES 11.16.1 The Contractor shall provide and maintain an inspection system acceptable to County covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to County during contract performance and for as long afterwards as the contract requires. 11.16.2 County has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. County shall perform inspections and tests in a manner that will not unduly delay the work. 11.16.3 If any of the services do not conform to contract requirements, County may require the Contractor to perform the services again in conformity with contract requirements, at no cost to the County. When the defects in services cannot be corrected by re-performance, County may: 11.16.3.1 require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and 11.16.3.2 reduce the contract price to reflect the reduced value of the services performed. 11.16.4 If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, County may: 11.16.4.1 by contract or otherwise, perform the services and charge to the Contractor, through direct billing or through payment reduction, any cost incurred by County that is directly related to the performance of such service; or 11.16.4.2 terminate the contract for default. 11.17 USAGE REPORT The Contractor shall furnish the County a usage report, upon request, delineating the acquisition activity governed by the contract. The format of the report shall be approved by the County and shall disclose the quantity and dollar value of each contract item by individual unit of measure. 11.18 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST Notice is given that, pursuant to A.R.S. § 38-511, the County may cancel any contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the County is at any time, while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or consultant to any other party of the contract with respect to the subject matter of the contract. Additionally, pursuant to A.R.S. § 38-511, the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the County from any other party to the contract arising as the result of the contract. SERIAL# 240124-RFP 11.19 OFFSET FOR DAMAGES In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract. 11.20 SUBCONTRACTING 11.20.1 The Contractor may not assign to another Contractor or subcontract to another party for performance of the terms and conditions hereof without the written consent of the County. All correspondence authorizing subcontracting must reference the bid serial number and identify the job or project. 11.20.2 The subcontractor’s rate for the job shall not exceed that of the prime Contractor’s rate, as bid in the pricing section, unless the prime Contractor is willing to absorb any higher rates. The subcontractor’s invoice shall be invoiced directly to the prime Contractor, who in turn shall pass-through the costs to the County, without mark-up. A copy of the subcontractor’s invoice must accompany the prime Contractor’s invoice. 11.21 AMENDMENTS All amendments to this contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County. 11.22 ADDITIONS/DELETIONS OF REQUIREMENTS The County reserves the right to add and/or delete materials and services to a contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately to the amount of service reduced in accordance with the bid price. If additional materials or services are required from a contract, prices for such additions will be negotiated between the Contractor and the County. 11.23 RIGHTS IN DATA 11.23.1 The County shall have the use of data and reports resulting from a contract without additional cost or other restriction except as may be established by law or applicable regulation. Each party shall supply to the other party, upon request, any available information that is relevant to a contract and to the performance thereunder. 11.23.2 Data, records, reports, and all other information generated for the County by a third party as the result of a contract are the property of the County and shall be provided in a format designated by the County or shall be and remain accessible to the County into perpetuity. 11.24 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW 11.24.1 In accordance with Section MC1-372 of the Maricopa County Procurement Code, the Contractor agrees to retain (physical or digital copies of) all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this contract for six years after final payment or until after the resolution of any audit questions, which could be more than six years, whichever is longest. The County, Federal or State auditors and any other persons duly authorized by the department shall have full access to and the right to examine, copy, and make use of, any and all said materials. SERIAL# 240124-RFP 11.24.2 If the Contractor’s books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented. 11.25 AUDIT DISALLOWANCES If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course of action to address the disallowance shall be at sole discretion of the County, and may include either an adjustment to future invoices, request for credit, request for a check, or a deduction from current invoices submitted by the Contractor equal to the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Maricopa County. 11.26 STRICT COMPLIANCE Acceptance by County of a performance that is not in strict compliance with the terms of the contract shall not be deemed to be a waiver of strict compliance with respect to all other terms of the contract. 11.27 VALIDITY The invalidity, in whole or in part, of any provision of this contract shall not void or affect the validity of any other provision of the contract. 11.28 SEVERABILITY The removal, in whole or in part, of any provision of this contract shall not void or affect the validity of any other provision of this contract. 11.29 RELATIONSHIPS 11.29.1 In the performance of the services described herein, the Contractor shall act solely as an independent Contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co-employee, partnership, principal and agent, or joint venture between the County and the Contractor. 11.29.2 The County reserves the right of final approval on proposed staff. Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless a different time period was previously approved by the County. 11.30 NON-DISCRIMINATION Contractor agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09, including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09 supersedes Executive Order 99-4 and amends Executive Order 75-5 and is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, contractor shall not discriminate against any employee, client, or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability, or national origin. (Arizona Executive Order 2009-09 can be viewed at https://apps.azsos.gov/public_services/register/2009/46/governor.pdf) SERIAL# 240124-RFP 11.31 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01 If vendor engages in for-profit activity and has 10 or more employees, and if this agreement has a value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees for the duration of this agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. 11.32 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 11.32.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the best of his or her knowledge and belief that the Contractor, its current officers, and directors: 11.32.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from being awarded any contract or grant by any United States department or agency or any state, or local jurisdiction; 11.32.1.2 have not within a three-year period preceding this contract: 11.32.1.2.1 been convicted of fraud or any criminal offense in connection with obtaining, attempting to obtain, or as the result of performing a government entity (Federal, State or local) transaction or contract; or 11.32.1.2.2 been convicted of violation of any Federal or State antitrust statutes or conviction for embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property regarding a government entity transaction or contract; 11.32.1.3 are not presently indicted or criminally charged by a government entity (Federal, State or local) with commission of any criminal offenses in connection with obtaining, attempting to obtain, or as the result of performing a government entity public (Federal, State or local) transaction or contract; 11.32.1.4 are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity contract or other transaction; and 11.32.1.5 have not within a three-year period preceding this contract had any public transaction (Federal, State or local) terminated for cause or default. 11.32.2 If any of the above circumstances described in the paragraph are applicable to the entity submitting a bid for this requirement, include with your bid an explanation of the matter including any final resolution. 11.32.3 The Contractor shall include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors or sub- subcontractors) and in all solicitations for lower tier covered transactions related to this contract. If this clause is applicable to a subcontractor or sub- subcontractor, the Contractor shall include the information required by this clause with their bid. SERIAL# 240124-RFP 11.33 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS 11.33.1 By entering into the contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using E-Verify) and all other Federal immigration laws and regulations related to the immigration status of its employees and A.R.S. § 23-214(A). The Contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the procurement officer upon request. These warranties shall remain in effect through the term of the contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all employees performing work under the contract and verify employee compliance using the E- Verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for download at www.uscis.gov. 11.33.2 The County retains the legal right to inspect documents of Contractor and subcontractor employees performing work under this contract to verify compliance with paragraph 11.33.1 of this section. Contractor and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County will consider this a material breach of the contract and may pursue any and 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. All costs necessary to verify compliance are the responsibility of the Contractor. 11.34 Contractor EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS 11.34.1 The parties agree that this contract and employees working on this contract will be subject to the Contractor employee whistleblower protections established by Title 41 U.S.C. § 4712 and Section 3.908 of the Federal Acquisition Regulation. 11.34.2 Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as described in Section 3.908 of the Federal Acquisition Regulation. Documentation of such employee notification must be kept on file by Contractor and copies provided to County upon request. 11.34.3 Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts over the simplified acquisition threshold ($250,000 as of fiscal year 2018). 11.35 CONTRACTOR LICENSE REQUIREMENT 11.35.1 The Contractor shall procure all permits, insurance, and licenses, and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any requirements, by any and all governmental or non-governmental entities as mandated to maintain compliance with and remain in good standing. The Contractor shall keep fully informed of existing and future trade or industry requirements, and Federal, State, and local laws, ordinances, and regulations which in any manner affect the fulfillment of a contract and shall comply with the same. Contractor shall immediately notify both the Office of Procurement Services and the department of any and all changes concerning permits, insurance, or licenses. SERIAL# 240124-RFP 11.36 INFLUENCE 11.36.1 As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct, may be grounds for disbarment or suspension under MC1-902. 11.36.2 An attempt to influence includes, but is not limited to: 11.36.2.1 A person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type of valuable contribution or subsidy that is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind. 11.36.3 If a person attempts to influence any employee or agent of Maricopa County, the chief procurement officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract. 11.37 CONFIDENTIAL INFORMATION 11.37.1 Any information obtained in the course of performing this contract may include information that is proprietary or confidential to the County. This provision establishes the Contractor’s obligation regarding such information. 11.37.2 The Contractor shall establish and maintain procedures and controls that are adequate to assure that no information contained in its records and/or obtained from the County or from others in carrying out its functions (services) under the contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the contract. The Contractor’s procedures and controls, at a minimum, must be the same procedures and controls it uses to protect its own proprietary or confidential information. If, at any time during the duration of the contract, the County determines that the procedures and controls in place are not adequate, the Contractor shall institute any new and/or additional measures requested by the County within 15 business days of the written request to do so. 11.37.3 Any requests to the Contractor for County proprietary or confidential information shall be referred to the County for review and approval, prior to any dissemination. 11.38 PUBLIC RECORDS Under Arizona law, all offers submitted and opened are public records and must be retained by the County at the Maricopa County Office of Procurement Services. Offers shall be open to public inspection and copying after contract award and execution, except for such offers or sections thereof determined to contain proprietary or confidential information by the Office of Procurement Services. If an offeror believes that information in its offer or any resulting contract should not be released in response to a public record request, under Arizona law, the offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The records manager of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code. SERIAL# 240124-RFP 11.39 INTEGRATION This contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, expressed, or implied. 11.40 UNIFORM ADMINISTRATIVE REQUIREMENTS By entering into this contract, the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. 11.41 GOVERNING LAW This contract shall be governed by the laws of the State of Arizona. Venue for any actions or lawsuits involving this contract will be in Maricopa County Superior Court, Phoenix, Arizona. 11.42 FORCED LABOR 11.42.1 By submitting a bid for this solicitation and/or entering into a contract as a result of this solicitation, contractor agrees to comply with all applicable portions of Arizona Revised Statutes Section 35-394. Contracting; procurement; prohibition; written certification; remedy; termination; exception; definitions. 11.42.2 Contractor certifies that it does not currently, and agrees for the duration of the contract, that it will not use: 11.42.2.1 The forced labor of ethnic Uyghurs in the People’s Republic of China. 11.42.2.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 11.42.2.3 Any contractors, subcontractors or suppliers that use the forced labor or any good or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 11.42.3 If contractor becomes aware during the term of the agreement that contractor is not in compliance with this paragraph, the contractor shall notify the County within five business days after becoming aware of the noncompliance. If the contractor fails to provide a written certification to the County that the contractor has remedied the noncompliance within 180 days after notifying the County of its noncompliance, then the agreement terminates, except that if the agreement termination date occurs before the end the 180 day period, the agreement terminates on the agreement termination date. 11.43 PRICES Contractor warrants that prices extended to County under this contract are no higher than those paid by any other customer for these or similar services. 11.44 ORDER OF PRECEDENCE In the event of a conflict in the provisions of this contract and Contractor’s license agreement, if applicable, the terms of this contract shall prevail. SERIAL# 240124-RFP 11.45 UNIQUE ENTITY IDENTIFIER (UEI) AND SYSTEM FOR AWARD MANAGEMENT REGISTRATION All contractors that receive funding must have a UEI number through https://sam.gov/content/entity-registration. Contractor must also remain current with the System for Award Management www.sam.gov throughout the term of the contract. 11.46 RELIGIOUS ACTIVITIES The contractor agrees that costs, planned or claimed, including costs incurred, shall not include any expense for any religious activity. 11.47 POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services contributed by the County or the contractor under the agreement shall be used in the performance of this agreement for any partisan political activity, or to further the election or defeat of any candidate for public office. 11.48 EQUAL EMPLOYMENT OPPORTUNITY 11.48.1 The contractor shall not discriminate against any employee or applicant for employment because of race, age, disability, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure applicants are employed and that employees are treated during employment without regard to their race, age, disability, color, religion, sex, or national origin. Such action shall include but is not limited to the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 11.48.2 Contractor shall comply with the following provisions: 11.48.2.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); 11.48.2.2 The Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.); 11.48.2.3 The Age Discrimination in Employment Act of 1967, as amended (29U.S.C. §§ 621, et seq.); 11.48.2.4 The Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.); and Arizona Executive Order 2009-09, as amended, et seq. which mandates that all persons shall have equal access to employment opportunities. 11.48.2.5 Contractor understands that the United States has the right to seek judicial enforcement of this assurance. 11.49 CERTIFICATION REGARDING LOBBYING 11.49.1 Contractor certifies, to the best of their knowledge and belief, that: 11.49.1.1 No federal appropriated funds have been paid or will be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency. This applies to a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection SERIAL# 240124-RFP with the awarding of any federal contract, the making of any federal grant. Including the making of any federal, loan the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 11.49.2 If any funds other than federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 11.49.3 Contractor shall include Lobbying Certification language in the award documents for all subcontractors (including sub-grants, and contract under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. 11.49.3.1 The Lobbying Certification is a material representation of fact upon which reliance was placed when this transaction is made or entered into. Submission of this certification is prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any successful proposer(s) who fail to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. 11.50 CLEAN AIR ACT & CLEAN WATER ACT Contractor must comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 7606), section 508 of the Clean Water Act (33 U.S.C. 1368) Executive Order 11738, and Environmental Protection Agency regulations. 11.51 ENERGY POLICY AND CONSERVATION ACT Contractor must adhere to the standards and policies relating to energy efficiency, which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat.871). 11.52 CONTRACT DISPUTES All Contract disputes will be handled in accordance with the Maricopa County Procurement Code, MCI-906. 11.53 INCORPORATION OF DOCUMENTS 11.53.1 The following are to be attached to and made part of this Contract: 11.53.1.1 EXHIBIT A - VENDOR INFORMATION AND PRICING 11.53.1.2 EXHIBIT B - SCOPE OF WORK 11.53.1.3 EXHIBIT C - OFFICE OF PROCUREMENT SERVICES CONTRACTOR TRAVEL AND PER DIEM POLICY SERIAL# 240124-RFP 11.54 NOTICES All notices given pursuant to the terms of this contract shall be addressed to: For County: Maricopa County Office of Procurement Services 301 W. Jefferson St. Suite 700 Phoenix, Arizona 85003-1647 For Contractor: Innovations Educational Consulting, Inc 4960 Aspen Ln Eden, Utah 84310 11.55 INQUIRIES 11.55.1 Inquiries concerning information herein must be submitted prior to the question deadline date/time posted in the e-procurement platform, Periscope S2G, using the link in the “Q&A” tab. 11.55.2 Administrative telephone/email inquiries shall be addressed to: ELIZABETH KUTTNER, PROCUREMENT OFFICER TELEPHONE: (602) 506-0099 elizabeth.kuttner@maricopa.gov 11.55.3 Inquiries may be submitted by telephone but must be followed up in writing. No oral communication is binding on Maricopa County. SERIAL# 240124-RFP IN WITNESS WHEREOF, this contract is executed on the date set forth above. CONTRACTOR AUTHORIZED SIGNATURE PRINTED NAME AND TITLE ADDRESS DATE MARICOPA COUNTY CHAIRMAN, BOARD OF SUPERVISORS DATE ATTESTED: CLERK OF THE BOARD DATE APPROVED AS TO FORM: DEPUTY COUNTY ATTORNEY DATE Michael Mayra, COO 4960 Aspen Lane, Eden Utah 84310 3/22/2024 SERIAL# 240124-RFP EXHIBIT A: VENDOR INFORMATION AND PRICING VENDOR INFORMATION MUST MATCH INFORMATION CONTAINED IN BIDSYNC AND MARICOPA COUNTY DEPARTMENT OF FINANCE VENDOR REGISTRATION. PLEASE NOTE THAT VENDORS ARE REQUIRED TO COMPLETE REGISTRATION AT TO AWARD AT THE MARICOPA DEPARTMENT OF FINANCE WEBSITE (http://www.maricopa.gov/Finance/Vendors.aspx)*** COMPANY NAME: Innovations Educational Consulting, Inc DOING BUSINESS AS (dba): MAILING ADDRESS: 4960 Aspen Ln, Eden, Utah 84310 REMIT TO ADDRESS: TELEPHONE NUMBER: 801-896-7817 FAX NUMBER: WWW ADDRESS: https://innovationsed.org/ REPRESENTATIVE NAME: Michael Mayra REPRESENTATIVE TELEPHONE NUMBER: 801-896-7817 REPRESENTATIVE EMAIL ADDRESS michael@innovationsed.org YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: ☒ ☐ WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: ☐ ☒ PAYMENT TERMS: NET 30 DAYS 1.0 FEE PRICING: Indicate fees for the following positions. Fees shall be inclusive of general office supplies, faxes, local travel expenses, and general administrative functions. (Vendor will provide any additional pricing for specific Task Orders at time of Task Order proposal submission). POSITION FEES/HR 1.1 SENIOR CONSULTANT $298 1.2 CONSULTANT $276 1.3 CLERICAL SUPPORT $60 1.4 OTHER (identify) $_______ hourly 1.5 OTHER (identify) $_______ hourly SERIAL# 240124-RFP EXHIBIT B: SCOPE OF WORK 2.3 CONTENT AREA INSTRUCTION; 2.4 EDUCATIONAL PROGRAMMING; 2.6 TITLE GRANTS; 2.8 EDUCATIONAL PROGRAMMING FOR YOUTH AT RISK Innovations Ed has significant Innovations Ed has significant experience and examples of providing professional development to increase effective Tier 1 instruction school wide. Our consultants deliver high- quality professional development to address a variety of essential elements of effective Tier 1 instruction in order to increase student academic achievement. To support implementation of PD, our Collaborative Team Coaching® (CTC®) model builds educator capacity and creates a framework for engaging teachers, coaches, and administrators in ongoing, classroom-based professional learning driven by team observations, supported by instructional coaching, and monitored by continuous data collection and analysis. In alignment with the High Quality Instructional (HQI) Cycle, participants regularly engage in collaboratively designing, delivering, and reflecting on quality lessons tied to essential core standards. This collaborative process fosters self-reflection and increases accountability as teachers routinely analyze the effectiveness of their instruction and develop a public practice of continuous growth (Fink and Markholt, 2011). Throughout the school improvement process, Innovations Ed consultants focus on strengthening instructional leadership and expanding its reach by gradually releasing the facilitation of Collaborative Team Coaching® to principals, coaches, and teacher leaders. Based on each district’s/school’s needs, we customize professional development series (content, delivery, and frequency) to improve outcomes in teaching and learning (figure 1.0). Our current PD offerings include, but are not limited to: Representative of the positive shift in instructional practice directly tied to the school’s professional development facilitated by Innovations Ed formative leading indicator data collected by instructional coaches and administrators during targeted classroom observations focused on the strategies learned during PD. Our consultants share these data with teams of teachers prior to each new PD session to illustrate school wide implementation progress and we facilitate goal setting, accordingly, for subsequent sessions. Innovations Ed works with coaches and administrators to analyze multiple data points, including formative instructional data displayed, in order to make data-driven decisions regarding future PD, coaching, and support. In addition to observing for instructional shifts in classrooms, we survey teachers quarterly for feedback to ensure that professional development consistently makes a positive impact on teacher practice. Survey data provide the administrator, leadership team, and consultant with important information to drive decisions regarding adjustments to future PD. Innovations Ed understands and appreciates the complex challenges involved in increasing instructional effectiveness in order to increase student growth and proficiency in settings with prevalent low performance. We believe that given the proper conditions for teaching and learning, all students can make significant progress towards mastery of rigorous standards to prepare for options of college and career. We also believe that with high-quality professional development in instructional effectiveness, along with coaching support for implementation, most educators can create those conditions. The schools with which we have partnered have consistently made significant academic gains, successfully exited state designated status as low-performing, and closed achievement gaps for student groups. Innovations Ed has extensive experience building literacy skills across the subject areas through professional development and instructional coaching. Our team includes multiple literacy and language arts experts with experience and training through University of Utah Reading Clinic and UChicago Impact. Our consultants have partnered with more than 30 districts nationwide to help establish a systematic approach to literacy and develop a customized professional development plan. Key components to our approach include: Literacy Needs Assessment • Conduct an overall analysis of school literacy data to determine school-wide strengths and challenges • Set goals at the school level, grade level, and drill down to identify students with significant needs • Implement a systematic approach to data collection (ongoing benchmark data, progress monitoring, CFAs) and analysis practices school wide SERIAL# 240124-RFP • Incorporate data practices and instructional planning into PLCs • Create plans for Tier 1, reteaching, and Tier 2 instruction • Develop a system of support for Tier 2 instruction Leadership Coaching for Principals • Identifying best practices in tier 1 literacy instruction • Using walkthrough and observation/feedback cycles to monitor implementation of instructional strategies and performance of teachers and students • Analyzing various sources of data to inform implementation and adjustments to systems such as MTSS, PLCs, and PD Coaching for Literacy Coaches/Instructional Coaches • Analyzing assessment data to drive focus of support and implementation of school wide interventions • Supporting teacher coaching cycles using pre and post meetings for observation/ feedback • Using data to group students for targeted intervention and support • Delivering differentiated PD for various grade-level teams/departments • Coaching teams on instructional planning to address students’ needs • Building capacity of literacy knowledge for phonemic awareness, phonics, early reading behaviors, fluency & automaticity, comprehension, guided reading and small group skill lessons Professional Development & Individual Coaching for Teachers • Build capacity of literacy knowledge for phonemic awareness, phonics, early reading behaviors, fluency & prosody, comprehension, guided reading and small group skill lessons • Develop deeper understanding of ELA standards • Analyze data for a variety of purposes, including: to determine student needs; monitor student progress; plan for tier 1 instruction, reteaching, and tier 2; group students for targeted intervention; create individual plans for students performing far below literacy targets • Implement student centered coaching cycles • Model evidence-based instructional strategies • Co-plan and co-teach literacy lessons • Train paraprofessionals on literacy interventions and student supports • Incorporate evidence-based ML strategies into literacy instruction Innovations Ed has experience leading implementation of PBIS structures and practices. Our team includes multiple experts on Positive Behavioral Intervention and Supports (PBIS), which is designed to establish clear school wide expectations for behavior, procedures, incentives, and consequences. In congruence with Uniting Academic and Behavior Interventions (Buffman, Mattos, Weber, Hierck, 2015), we have worked with over 50 elementary and secondary schools to implement PBIS, resulting in fewer disruptions such as tardies, incidents in common areas, classroom misbehavior, and referrals of many types. In addition to analyzing and adjusting existing behavioral systems and structures, we provide professional development and implementation support for PBIS. While some schools require only refresher PD, many schools choose to start with the basics during summer PD and continue the series over multiple school years. Innovations Ed has experience with leading implementation of effective MTSS structure and practices. Our team includes several consultants with expertise in designing MTSS based upon the school’s available resources, including personnel, fiscal, time, and materials. Our team supports principals and leadership teams in writing measurable goals, clearly articulating expectations and procedures, aligning resources, implementing systems, monitoring processes and outcomes, and adjusting practices based on data. Our team has supported dozens of elementary and secondary schools in developing strategic master schedules that create protected tier 1 instructional blocks, coordinated tier 2 interventions, and aligned times/program models for Special Education and English Language Development. High quality MTSS requires that teachers and staff understand what skill mastery and exemplar work related to priority standards looks like. It also requires ongoing formative assessment and strong structures in place for data analysis to determine which students need additional practice with targeted skills tied to priority standards. When formative data shows that certain students are not responding to strong tier one instruction SERIAL# 240124-RFP (including reteaching), there should be a clear structure in place for providing high impact tier two support. Through the PLC data process, we work with teachers to identify misconceptions and gaps evident from student work, plan interventions for specific students, and implement systems for monitoring student progress. When paraprofessionals are involved with MTSS, we coach leaders to implement structures for collaboration between teachers and paraprofessionals to monitor and discuss student progress. Small group instruction, blended learning models, and determining discrete learning targets are areas in which we can support teachers as they implement strong tier two systems. Our team values MTSS as an essential instructional system for informing necessary adjustments to instruction in Tiers 1-3 to positively impact academics and social emotional learning for all students. In order to ensure balance with academic systems of support, and to avoid the common pitfall of over reliance on tier 2 instruction, Innovations Ed works with schools to prioritize strengthening tier 1 instruction. In congruence with Leading for Instructional Improvement (Fink & Markholt, 2011), our team builds teacher capacity through Collaborative Team Coaching® to strengthen effective differentiated tier 1 instruction to meet the academic needs of all students, school wide. SCOPE OF WORK 2.12 COLLABORATIVE SCHOOL LEADERSHIP Innovations Ed has depth in experience providing leadership coaching to impact systemic, sustainable change. Our team understands that building capacity in school leadership is the strongest factor of sustainability in school improvement (Bambrick- Santoyo, 2012). Committed to empowering turnaround leaders, we have increasingly dedicated resources to support leadership development across all skill levels. As evidenced by the success of our partnering schools with various improvement designations, our effective leadership coaching has resulted in positive outcomes. The first area of leadership training involves intensive work with the school administrator. Recognizing that different administrators enter turnaround with different leadership skills and styles, we provide each school administrator with a leadership coach. We guide the school administrator in setting professional growth goals, action steps, timelines, and methods for monitoring their own progress towards goals that are specifically tied to the school’s improvement plan. Based on the school’s needs and the administrator’s progress towards growth goals, content of coaching sessions will vary. The constant within each coaching session will be the analysis of multiple sources of data to formatively assess the effectiveness of leadership as it pertains to implementation of the school improvement plan. Data should guide their decisions on staffing, the master schedule, time allocation, responsibilities delegated to distribute leadership, and program adjustments. Much of leadership coaching involves planning how to best communicate data-driven decisions to stakeholders, including how to engage in crucial conversations. Our leadership coaching structure is designed to a) empower principals in implementing data driven decision- making; b) provide professional learning resources for challenging areas of instructional leadership; and c) support the principal in creating, managing, assessing, and adjusting effective systems for improvement plans. Coaching sessions (in person or via phone/video conference) are scheduled on a monthly basis, with increased frequency as needed. The second area of leadership training involves extensive work with the leadership team, typically comprised of administrators, coaches, and teachers. Due to the leadership team’s extensive involvement in designing a data- driven school improvement plan (including SMART goals, action steps, timelines, persons responsible, and measurements) based on a Comprehensive Needs Assessment and root cause analysis, the leadership team typically has strong ownership of the plan. Throughout plan implementation, the team’s core responsibility is to assess the initiatives in relationship to school improvement. Throughout implementation, our consultant guides the team in systematically implementing and monitoring progress. We have found that in some cases, classroom teachers struggle to step out of the individual teacher role (whether due to personal opinions, preferences, or resistance to change) thereby hindering their ability to behave as a collective decision-making body of the organization. To maximize the power of the leadership team, it is imperative that teachers develop their leadership skills and that the team develops productive, collaborative relationships. Our consultant models how to do so by facilitating the development of norms and expectations, clear purpose, and action- oriented agendas and minutes. We coach the team in leading the improvement process through transparent, SERIAL# 240124-RFP data-driven decision-making processes. Lastly, we guide the leadership team in strategically planning how to convey a united message to stakeholders and we coach the team on communication throughout the year. In addition to coaching principals, we have extensive experience coaching instructional coaches and teachers to improve outcomes in student learning. We differentiate our coaching model and customize supports based on the needs of each school. For example, we may facilitate peer coaching among teams of teachers, Collaborative Team Coaching®, individual coaching, or combinations thereof. We also model an effective coaching cycle for administrators and instructional coaches in real time to provide teachers with meaningful feedback as leaders build their coaching capacity. Regardless of the approach, our teacher coaching cycles are focused on areas of instruction that align with the improvement plan, professional development, PLC goals, and address current student learning data. Our coaching methods foster reflective thinking in teachers, increasing their habits of thought to improve their own practice over time. Through pre conferences, teachers determine the area(s) of focus for each observation and know then what data that will be collected. In feedback sessions, our consultants work collaboratively with the teachers to identify action steps for improved instruction. We support the teacher in practicing those action steps to ensure they know how to implement the action step for the intended impact. Innovations Ed has extensive experience in working with school systems and enacting sustainable change, understanding and leveraging drivers for sustainable educational reform. Our team’s ongoing success in public schools demonstrates our leadership experience designing, implementing, and evaluating high- leverage, data-driven instructional systems to enact sustainable change. Professional Learning Teams Our approach includes focusing on one of the most impactful systems in school improvement: collaborative time which is prioritized, structured, data-driven, and focused on strengthening teaching and learning. Accordingly, we work strategically with school leadership to design, implement, and evaluate the school’s professional learning teams. As noted by DuFour and Reeves in their article The Futility of PLC Lite (2016), and as frequently observed by our team, many schools have allotted time for PLCs, but lack the data focus required for collaboration to impact teacher practice and student learning. We highly value effective collaborative teams as a lifeline for successful school turnaround and we therefore work closely with the faculty and administrators to develop structures that support data-driven decision-making on all levels, including the classroom level. Innovations Ed has extensive experience strengthening collaborative systems with both large faculties and faculties of singletons; we recognize that each professional learning environment has its own set of challenges. During initial design and implementation, we work with administrators to determine non-negotiables for collaboration and communicate these clearly to all staff. We then work with collaborative teams to decide how to structure collaboration within the parameters defined by leadership. We utilize a variety of tools and protocols to document collaborative discussions, helping faculties determine which methods most fit their adult learning needs. Once collaborative systems are in place, we work with the administrators and faculty to monitor their effectiveness. While many principals require professional learning teams to submit meeting notes, we teach principals to review the notes and provide teams with meaningful feedback based on the four professional learning community questions (DuFour, 1998). When principals establish this practice, teachers typically respond positively because they see administrators valuing their work and providing necessary support to make collaborative time as meaningful as possible. We also provide a self-assessment tool for professional learning teams to evaluate their collaborative practices three times per year. Based on the outcomes of those data, the leadership team and/or principal can determine next steps for collaborative professional learning and support. Interim and Formative Data Cycles Within the PLC process, we work to strengthen the school’s system of data cycles. Using the assessment model provided by Bambrick-Santoyo (1999) we support schools in mapping curriculum and standards using backwards planning from a benchmark or interim which will measure student learning of a six-week instructional block. This extended data cycle ensures that there are significant progress markers to determine SERIAL# 240124-RFP how prepared students are for end-of-year testing. Teachers need to develop the knowledge and skills to analyze benchmark data and design lessons to address misconceptions, gaps, or extensions. A second component of a strong data system is related to formative data. Teams must learn how to find, modify, and create formative assessments in order to monitor student learning on a more granular level. Analysis of these data directs teachers to immediately make adjustments to tier one instruction. For example, teachers need to develop flexibility to quickly clarify misconceptions, increase scaffolding, deepen learning, differentiate with extensions, modify the next day’s lesson, create stronger connections to past learning, etc. Such strategic instructional adjustments are proactive in nature. Instructional Coaching Systems with Observation and Feedback Cycles Systems to support the improvement of classroom instruction are a critical component of implementing a data-driven instructional system for sustainable change. Too often, principals default the role of primary instructional leader to instructional coaches. Conversely, all too many principals are taken away from participating in teacher professional development or classroom observations and feedback because of managerial tasks that arise. To address these problematic practices, we work with the administrators, alongside the coaches or teacher leaders in their building, to share transformative instructional power through a shared system of observations and feedback. First, we work with the instructional team to determine what kind of data should be collected during observations based on the professional development provided from the improvement plan. While many teachers fully intend to implement new strategies in the classroom after quality professional development or collaborative planning in PLC, the reality of the classroom often presents distractions. Systematic observations that follow PD are essential for holding teachers accountable for the improvement goals. Collaborative Team Coaching® also strengthens accountability for principals to act as instructional coaches by increasing frequency of observation and feedback cycles. (See Criteria 1.E for more information about Collaborative Team Coaching®.) This model requires that principals actively participate in conversations about high-quality instruction across grade levels and content areas. Next, we provide training on a research-based feedback protocol which is action oriented, bite-sized, and measurable (Bambrick- Santoyo, 2010). To promote equity, efficiency, and effectiveness, when in the coaching role, all instructional leaders use this feedback protocol when coaching teachers. When administrators and teacher leaders consistently deliver feedback in the same format, teachers know what to expect, thereby lowering their anxiety (Rock, 2008) and producing more positive outcomes. We also support principals and coaches with protocols for tracking their observations and feedback, along with action steps implemented to help measure progress in improving student learning through effective instruction. Creating a strong instructional leadership team which shares data related to teacher improvement is critical for administrators to make data-driven decisions about staffing, teacher remediation, and future improvement steps. Skilled in crucial conversations (2011), we additionally coach principals on how to use protocols while addressing inadequate instruction and developing individual plans for teachers in need of further assistance. When implementing data-driven school improvement plans and enacting sustainable change, a critical perspective (which is often overlooked) is that of parents and students. In order to provide administrators and leadership teams with valuable stakeholder input on the implementation of the school improvement plan, we use the Align Ed survey system as a formative tool to assess stakeholder perceptions related to Leadership, Instruction, Assessment, and School Culture. Centered on high leverage items outlined in Bambrick-Santoyo’s Leverage Leadership (2012), our series of short surveys allows teachers, students, and parents an opportunity to share their opinions with school administrators and the leadership team. These surveys can be delivered at customized frequencies and give administrators instant access to actionable reports (Figure 1.3) that compare various stakeholders’ perceptions, thereby informing efficacy around enacted changes as school and district leaders leverage drivers for sustainable educational reform. Innovations Ed has significant knowledge and understanding of various state’s accountability systems, as evidenced by our positive results within various accountability systems over the past 13 years. Further, we highly value communication and clarity around accountability measures impacting the schools we serve. Based on the many schools that significantly improved outcomes in student achievement while working with SERIAL# 240124-RFP Innovations Ed, our team has the capacity to fulfill the scope of work and responsibilities in a high quality manner that meets or exceeds contractual expectations. 2.9 GRANT WRITING Innovations Ed has provided technical assistance in writing specific sections of federal, state, and local grant applications that resulted in grant awards. Our team has written school improvement grants, state turnaround plans, and Comprehensive Needs Assessment reports for over 70 Title 1 schools, as well as developed and revised five year strategic plans in alignment with state requirements for multiple districts in multiple states. SERIAL# 240124-RFP EXHIBIT C: OFFICE OF PROCUREMENT SERVICES CONTRACTOR TRAVEL AND PER DIEM POLICY 1.0 All contract-related travel plans and arrangements shall be prior-approved by the County contract administrator. 2.0 Lodging, per diem, and incidental expenses incurred in performance of Maricopa County/Special District (County) contracts shall be reimbursed based on current U.S. General Services Administration (GSA) domestic per diem rates for Phoenix, Arizona. Contractors must access the following internet site to determine rates (no exceptions): www.gsa.gov. 2.1 Additional incidental expenses (i.e., telephone, fax, internet, and copying charges) shall not be reimbursed. They should be included in the contractor’s hourly rate as an overhead charge. 2.2 The County will not (under any circumstances) reimburse for contractor guest lodging, per diem, or incidentals. 3.0 Commercial air travel shall be reimbursed as follows: 3.1 Coach airfare will be reimbursed by the County. Business class airfare may be allowed only when preapproved in writing by the County contract administrator as a result of the business needs of the County when there is no lower fare available. 3.2 The lowest direct flight airfare rate from the contractor’s assigned duty post (pre-defined at the time of contract signing) will be reimbursed. Under no circumstances will the County reimburse for airfares related to transportation to or from an alternate site. 3.3 The County will not (under any circumstances) reimburse for contractor guest commercial air travel. 4.0 Rental vehicles may only be used if such use would result in an overall reduction in the total cost of the trip, not for the personal convenience of the traveler. Multiple vehicles for the same set of travelers for the same travel period will not be permitted without prior written approval by the County contract administrator. 4.1 Purchase of comprehensive and collision liability insurance shall be at the expense of the contractor. The County will not reimburse a contractor if the contractor chooses to purchase this coverage. 4.2 Rental vehicles are restricted to sub-compact, compact, or mid-size sedans unless a larger vehicle is necessary for cost efficiency due to the number of travelers. (NOTE: Contractors shall obtain pre-approval in writing from the County contract administrator prior to rental of a larger vehicle.) 4.3 County will reimburse for parking expenses if free, public parking is not available within a reasonable distance of the place of County business. All opportunities must be exhausted prior to securing parking that incurs costs for the County. Opportunities to be reviewed are the DASH, shuttles, etc. that can transport the contractor to and from County buildings with minimal costs. 4.4 County will reimburse for the lowest rate, long-term, uncovered (covered or enclosed parking will not be reimbursed) airport parking only if it is less expensive than shuttle service to and from the airport. 4.5 The County will not (under any circumstances) reimburse the contractor for guest vehicle rental(s) or other any transportation costs. SERIAL# 240124-RFP 5.0 Contractor is responsible for all costs not directly related to the travel except those that have been pre-approved by the County contract administrator. These costs include, but are not limited to, the following: in-room movies, valet service, valet parking, laundry service, costs associated with storing luggage at a hotel, fuel costs associated with non-County activities, tips that exceed the per diem allowance, health club fees, and entertainment costs. Claims for unauthorized travel expenses will not be honored and are not reimbursable. 6.0 Travel and per diem expenses shall be capped at 15 percent of project price unless otherwise specified and approved by the County in individual contracts. 7.0 Contractor shall provide, (upon request) with their invoice(s), copies of receipts supporting travel and per diem expenses, and, if applicable, with a copy of the written consent issued by the County contract administrator. No travel and per diem expenses shall be paid by County without copies of the written consent as described in this policy and copies of all receipts.