USVI Public Records

Document text

OPCMR EXERCISE OF RENEWAL OPTION GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS DEPARTMENT OF PROPERTY AND PROCUREMENT CONTRACT NO.: P004DOET25 DATED: October 23, 2024 EXERCISE OF RENEWAL OPTION Contractor Description of Scope of Work/Services Cambium Assessment, Inc. 4200 Wilson Boulevard, Suite 610 Arlington, VA 22203 To provide support for the online administration, scoring, and reporting of Grades 3rd-8th and 10th - 11th Summative and Interim Assessments built with the Smarter Balanced assessment blueprints in Mathematics (“Math”) and English Language Arts (“ELA”) as well as Science Assessment in Grades 5th, 8th and 11th. Pursuant to the renewal option provision of Contract No. P004DOET25, and subject to the appropriation and allotment of necessary funds, notice is hereby given that the Government of the U.S. Virgin Islands, Department of Education exercises its option to renew and does hereby renew the aforementioned contract for the period February 1, 2025 to July 31, 2025, at the stipulated cost not to exceed Two Hundred Ninety-Eight Thousand, Seven Hundred Twenty-Four Dollars and Eighty-Nine Cents ($298,724.89). All the terms, covenants, and conditions of the contract affected shall continue in full force and effect. Please acknowledge receipt and acceptance hereby signing and returning the original to: The Department of Property and Procurement 8201 Subbase, Suite 4 St. Thomas, Virgin Islands 00802 ____________________________________________________________________________________ ACKNOWLEDGMENT & ACCEPTANCE: GOVERNMENT OF THE VIRGIN ISLANDS _______________________________ __________________________________ Christopher Lowe, Sr. Director of Contracts Dionne Wells-Hedrington, Ed.D. Commissioner Cambium Assessment, Inc. Department of Education DATE: _____________ DATE: _____________ __________________________ ___________ Monica Bell, Sr. Contracts Manager DATE Cambium Assessment, Inc. ____________________________________ _____________ Lisa M. Alejandro, Commissioner DATE Department of Property & Procurement 01/02/2025 01/02/2025 02/05/2025 01/08/2025 1 Contract No. Contractor’s Initials: CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made this day of 2024, in the Territory of the Virgin Islands, by and between the Government of the Virgin Islands, Department of Property and Procurement, on behalf of the Department of Education (hereinafter referred to as "Government") of 1834 Kongens Gade, St. Thomas, U.S. Virgin Islands 00802 and Cambium Assessment, Inc. (hereinafter referred to as "Contractor" or “CAI”) of 4200 Wilson Boulevard, Suite 610, Arlington, Virginia 22203. WITNESSETH: WHEREAS, the Government is in need of a Contractor to provide support for the online administration, scoring, and reporting of Grades 3rd. - 8th and 11th Summative and Interim Assessments built with the Smarter Balanced assessment blueprints in Mathematics (“Math”) and English Language Arts (“ELA”) as well as Science Assessment in Grades 5th, 8th and 11th for subsequent years more accurately described in Addendum I (Scope of Services) attached hereto and made a part of this contract; and WHEREAS, on September 30, 2010, the Virgin Islands Standards, Assessment and Accountability Initiative Policy Committee unanimously voted to approve the adoption of the new Common Core State Standards (“CCSS”); thus, VIDE became an affiliate member of the Smarter Balanced Assessment Consortium (“SB” or “Consortium”) and began to pilot the Smarter Balanced CCSS assessments during the 2013-2014 School Year; and WHEREAS, as a member state of the Consortium, the Department entered into a Multi- Agency Assessment Cooperative (“MAAC”) in February of 2014, a procurement group initiative comprising of six (6) United States Department of Education of the States of Idaho, Hawaii, South Dakota, Washington, West Virginia and the Virgin Islands to solicit and evaluate qualified bids intended to support each agency with its transition to the Smarter Balanced Assessments; and WHEREAS, American Institute for Research in the Behavioral Sciences, Inc. (“AIR”) was selected as the successful bidder for a five-year (5) year award for services solicited under Request for Proposals number MAAC RFP NO 2014-09 in accordance with Title 31 V.I.C. Section 239(a)(4) and was approved by the Government on September 30, 2014 under Memorandum of Understanding and Agreement No. GC077DOE14; and 23rd October P004DOET25 2 Contract No. Contractor’s Initials: WHEREAS, on October 24. 2014, the Government executed Contract No. PC058DOE15 and subsequently P028DOET19 on March 29, 2019 for AIR to provide support for the implementation, operation, and delivery of Summative and Interim Assessments built with the Smarter Balanced assessment blueprints in Mathematics (“Math”) and English Language Arts (“ELA”); and WHEREAS, American Institute for Research in the Behavioral Sciences, Inc. (“AIR”) was once again selected as the successful bidder under Request for Proposals number MAAC RFP NO 2019-013 solicited on December 18, 2018 in accordance with Title 31 V.I.C. Section 239(a)(4); and WHEREAS, on December 31, 2019, CAI and AIR executed a Bill of Sale, Assignment, and Assumption Agreement for CAI to acquire the assessment division of AIR and assume the rights of all existing contracts within that Division which is responsible for administering the services. WHEREAS, on April 13, 2024, Amendment No. 3 to P054DOET21 was executed by the Governor to provide support for the implementation, operation, and delivery of Summative and Interim Assessments built with the Smarter Balanced assessment blueprints in Mathematics (“Math”) and English Language Arts (“ELA”) during School Year 2023-2024; and WHEREAS, Amendment No. 3 to P054DOET21 will expire on December 31, 2024; and WHEREAS, MAAC will not solicit and evaluate qualified bids intended to support each agency during the 2024-2025 School Year Smarter Balanced Assessment period; and WHEREAS, the Government is in need of a Contractor to continue to provide support for the online administration, scoring, and reporting of Grades 3rd. - 8th, 10th and 11th Summative and Interim Assessments built with the Smarter Balanced assessment blueprints in Mathematics (“Math”) and English Language Arts (“ELA”) as well as Science Assessment in Grades 5th, 8th and 11th during School Year 2024-2025 which commenced on August 5, 2024; and and WHEREAS, the services of the Contractor is authorized pursuant to 31 V.I.C §239(a)(8); WHEREAS, the Contractor represents that it is willing and capable of providing such services; and NOW, THEREFORE, in consideration of the mutual covenants herein contained, and intending to be legally bound by this written instrument, the parties hereto do covenant and agree as follows: P004DOET25 3 Contract No. Contractor’s Initials: 1. SERVICES The Contractor will provide the services described in Addendum I (Scope of Services) attached hereto and made a part of this Contract. 2. TERM AND EFFECTIVE DATE The term of this Contract shall be August 1, 2024 to January 31, 2025 subject to the availability and appropriation of funds. Upon the date of execution by the Commissioner of Property and Procurement this Contract shall become effective for the Term set out herein. The Government in its sole discretion, shall have the option to renew this Contract for an additional, six (6) month period, February 1, 2025 to July 31, 2025 subject to the same terms noted herein, by providing the Contractor with sixty (60) days written notice of the Government’s election to renew. 3. COMPENSATION The Government, in consideration of the satisfactory performance of the services described in Addendum I (Scope of Services), agrees to pay Contractor a sum in the amount of One Hundred Ninety-Seven Thousand, Nine Hundred Thirteen Dollars and Ninety-Eight Cents ($197,913.98); in accordance with the provisions set forth in Addendum II (Compensation) attached hereto and made a part of this contract. The renewal option will be in the amount of Two Hundred Ninety-Eight Thousand, Seven Hundred Twenty-Four Dollars and Eighty-Nine Cents ($298,724.89). 4. TRAVEL EXPENSES Inclusive of the compensation for services as specified in Paragraph 3 (Compensation) above, the Government agrees to pay documented transportation, subsistence, lodging and other travel expenses, while in travel status, for trips which have been authorized in writing, in advance, by the Government. These costs shall be advanced or reimbursed on the same basis as is applicable to non-contract employees of the Government, or as agreed to by an addendum to this Contract, however, said costs and expenses shall not exceed N/A ($ N/A). 5. RECORDS The Contractor when applicable, will present documented precise records of time and/or money expended under this Contract. P004DOET25 4 Contract No. Contractor’s Initials: 6. PROFESSIONAL STANDARDS The Contractor agrees to maintain the professional standards applicable to its profession and to consultants doing business in the United States Virgin Islands. 7. DOCUMENTS, PRINTOUTS, ETC. All documents, books, records, instructional materials, programs, printouts and memoranda of every description derived therefrom and pertaining to this Contract shall become the property of the Government and shall be turned over to the Government at the termination of this Contract. The above-described materials shall not be used by Contractor or by any other person or entity except upon the written permission of the Government. 8. LIABILITY OF OTHERS Nothing in this Contract shall be construed to impose any liability upon the Government to persons, firms, associations, or corporations engaged by Contractor as servants, agents, or independent contractors, or in any other capacity whatsoever, or make Government liable to any such persons, firms, associations, or corporations for the acts, omissions, liabilities, obligations and taxes of Contractor of whatsoever nature, including but not limited to unemployment insurance, gross receipt, excise, and social security taxes for Contractor, its servants, agents or independent contractors. 9. ASSIGNMENT The Contractor shall not subcontract or assign any part of the services under this Contract without the prior written consent of the Government. 10. INDEMNIFICATION Contractor agrees to indemnify, defend and hold harmless Government from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges and expenses (including attorney’s fees) and causes of action of whatsoever character which Government may incur, sustain or be subjected to, arising out of or in any way connected to the services to be performed by Contractor, its employees, agents, or subcontractors under this Contract and arising from any cause, to the extent caused by Contractor's negligence, except the sole negligence of Government. P004DOET25 5 Contract No. Contractor’s Initials: 11. INDEPENDENT CONTRACTOR The Contractor shall perform this Contract as an independent contractor, and nothing herein contained shall be construed to be inconsistent with this relationship or status. 12. GOVERNING LAW This Contract shall be governed by the laws of the United States Virgin Islands and jurisdiction shall be the United States Virgin Islands. 13. WAIVERS AND AMENDMENTS No waiver, modification or amendment of any term, condition, or provision of this Contract shall be valid or of any force or effect unless made in writing, signed by the parties hereto or their duly authorized representatives, and specifying with particularly the nature and extent of such waiver, modification or amendment. Any such waiver, modification or amendment in any instance or instances shall in no event be construed to be a general waiver, modification or amendment of any of the terms, conditions or provisions of this Contract, but the same shall be strictly limited and restricted to the extent and occasion specified in such signed writing or writings. 14. ENTIRE AGREEMENT This Contract constitutes the entire agreement between the parties hereto, and all prior understanding, communications, written, or oral, with respect to the project, which is the subject matter of this Contract, are merged herein. 15. RIGHT TO WITHHOLD If work under this Contract is not performed in accordance with the terms hereof, Government will have the right to withhold out of any payment due to Contractor, such sums as Government may deem ample to protect it against loss or to assure payment of claims arising therefrom, and, at its option, Government may apply such sums in such manner as Government may deem proper to secure itself or to satisfy such claims. Government will immediately notify the Contractor in writing in the event that it elects to exercise its right to withhold. No such withholding or application shall be made by Government if and while Contractor gives satisfactory assurance to Government that such claims will be paid by Contractor or its insurance carrier, if applicable in the event that such contest is not successful. P004DOET25 6 Contract No. Contractor’s Initials: 16. CONDITION PRECEDENT This Contract shall be subject to the availability and appropriation of funds and to the approval of the Commissioner of Property and Procurement. 17. TERMINATION Either party shall have the right to terminate this Contract with or without cause on thirty (30) days written notice to the other party specifying the date of termination. 18. PARTIAL TERMINATION The performance of work for services under this Contract may be terminated by the Government, in part, whenever the Government shall deem such termination advisable by providing thirty (30) days written notice to the Contractor. This partial termination shall be affected by delivering to the Contractor a Notice of Partial Termination specifying the extent to which the term and/or duties under this Contract are terminated and the date upon which such termination becomes effective. The Contractor shall be entitled to receive payment for services provided to the date of termination, including payment for the period of thirty (30) day notice. 19. NON-DISCRIMINATION No person shall be excluded from participating in, be denied the proceeds of, or be subject to discrimination in the performance of this Contract on account of race, creed, color, sex, religion, disability or national origin. 20. CONFLICT OF INTEREST a) Contractor covenants that it has no interest and will not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. b) Contractor further covenants that it is: (1) not a territorial officer or employee (i.e., the Governor, Lieutenant Governor, member of the Legislature, or any other elected territorial official; or an officer or employee of the legislative, executive or judicial branch of the Government or any agency, board, commission or independent instrumentality of the Government, whether compensated on a salary, fee or contractual basis); or (2) a territorial officer or employee and, as such, has: P004DOET25 7 Contract No. Contractor’s Initials: (i) familiarized itself with the provisions of Title 3, Chapter 37 of the Virgin Islands Code, pertaining to conflicts of interest, including the penalties provision set forth in section 1108 thereof; (ii) not made, negotiated or influenced this Contract, in its official capacity; and (iii) no financial interest in the Contract as that term is defined in section 1101(1) of said Code chapter. 21. NOTICE Any notice required to be given by the Terms of this Contract shall be deemed to have been given when the same is sent by certified mail, postage prepaid or personally delivered, addressed to the parties as follows: GOVERNMENT Lisa M. Alejandro Commissioner Department of Property and Procurement 8201 Subbase, Suite 4 St. Thomas Virgin Islands 00802 Dionne Wells-Hedrington Ed.D Commissioner Department of Education 1834 Kongens Gade St. Thomas, U.S Virgin Islands 00802 CONTRACTOR Monica Bell Sr. Contracts Manager Cambium Assessment, Inc. 4200 Wilson Blvd., Suite 610 Arlington, Virginia 22203 22. LICENSURE P004DOET25 8 Contract No. Contractor’s Initials: The Contractor covenants that it has: a) obtained all of the applicable licenses or permits, permanent, temporary or otherwise as required by Title 27 of the Virgin Islands Code; and b) familiarized itself with the applicable provisions of Title 27 of the Virgin Islands Code pertaining to professions and occupations. 23. DEBARMENT CERTIFICATION By execution of this contract, the contractor certifies that it is eligible to receive contract awards using federally appropriated funds and that it has not been suspended or debarred from entering into contracts with any federal agency. The Contractor shall include this provision in each of its subcontracts hereunder and shall furnish its subcontractors with the current “LIST OF PARTIES EXCLUDED FROM FEDERAL PROCUREMENT OR NON-PROCUREMENT”. In the event the Contractor or any subcontractor misrepresents its eligibility to receive contract awards using federal funds, the Contractor or subcontractor agrees that it shall not be entitled to payment for any work performed under this contract or any subcontract and that the Contractor or subcontractor shall promptly reimburse the Government of the Virgin Islands for any progress payments heretofore made. 24. FALSE CLAIMS Contractor warrants that it shall not, with respect to this Contract, make or present any claim upon or against the Government of the Virgin Islands, or any officer department, board, commission, or other agency thereof, knowing such claims to be false, fictitious or fraudulent. Contractor acknowledges that making such a false, fictitious or fraudulent claim is an offence under Virgin Islands law. 25. NOTICE OF FEDERAL FUNDING Contractor acknowledges that this Contract is funded, in whole or in part, by federal funds. Contractor warrants that it shall not, with respect to this Contract, make or present any claim knowing such claim to be false, fictitious, or fraudulent. Contractor acknowledges that making such a false, fictitious, or fraudulent claim is a federal offence. 26. INSURANCE Contractor shall maintain the following insurance coverages during the term of this Contract: P004DOET25 9 Contract No. Contractor’s Initials: a) COMMERCIAL GENERAL LIABILITY: Commercial general liability insurance, in a form acceptable to the Government, on a “per occurrence” basis with a minimum limit of not less than one million dollars ($1,000,000.00) for any one person per occurrence for death or personal injury and one million dollars ($1,000,000.00) for any one occurrence for property damage. Insurance policy(ies) shall name the Government of the Virgin Islands as the certificate holder and additional insured via an endorsement. b) PROFESSIONAL LIABILITY: Professional liability insurance, in a form acceptable to the Government, which covers the services being performed under this Contract, with policy limits of not less than one million dollars ($1,000,000.00) per claim. The Government shall be listed thereon as a certificate holder. c) WORKERS’ COMPENSATION: Contractor shall supply current coverage under the Government Insurance Fund or other form of coverage. 27. BILLING PROCEDURES and PAYMENT The Government will pay Contractor upon receipt of properly completed invoices that shall describe and document to the Government’s satisfaction, and shall contain information, including but not limited to, the period of services covered by the invoice, description of the services performed, and the amount of fees in accordance with the compensation schedule in ADDENDUM II. Each invoice must be accompanied by applicable supporting documents, including but not limited to any reports/results due for the applicable invoice period. Invoices should be submitted to the State Assessment Director, Uilez Semper at uilez.semper@vide.vi. Payment shall be considered timely if made by the Government within thirty (30) days after receipt of properly completed invoices, and verification that the services invoiced were provided in accordance with the Contract and all applicable federal and local laws and regulations, including all applicable policies, rules, and procedures pertaining to this Contract or the services provided hereunder. Payment shall be sent to the address designated by the Contractor. The Government may, at its sole discretion, withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Contract shall be made by the Government. P004DOET25 10 Contract No. Contractor’s Initials: 28. FORCE MAJEURE Neither Party shall be liable to the other for any delays or failure to perform under this Contract, as a result of conditions reasonably beyond the Party’s control including but not limited to war, terrorist acts, riot, strikes, fire, earthquakes, hurricanes, floods, or any act of God. 29. DEFAULT AND FAILURE TO PERFORM In the event of any failure or refusal of the Contractor to perform its obligations under this Contract, except as defined in Paragraph 28, all costs, charges, and expenses that the Department suffers shall be a part of the damages to be paid by the Contractor to the Department, as a result of such failure or refusal to perform. 30. SEVERABILITY If any of the provisions of this contract are determined to be invalid, such invalidity shall not affect or impair the validity of the other provisions, which shall be considered severable and shall remain in full force and effect. 31. FACSIMILE, ELECTRONIC & DIGITAL SIGNATURES A facsimile, electronic or digital signature on this Contract shall be deemed an original and binding upon the Parties hereto. 32. OTHER PROVISIONS Addendums I, II, III, and IV are attached hereto and made a part of this Contract and are incorporated herein by reference. [THIS AREA IS INTENTIONALLY LEFT BLANK] P004DOET25 11 Contract No. Contractor’s Initials: IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above written. GOVERNMENT OF THE VIRGIN ISLANDS Dionne Wells Hedrington, Ed.D. Date Commissioner DEPARTMENT OF EDUCATION Lisa M. Alejandro Date Commissioner DEPARTMENT OF PROPERTY AND PROCUREMENT CONTRACTOR Christopher Lowe, Sr. Director of Contracts Date Cambium Assessment, Inc. Monica Bell, Sr. Contracts Manager Date Cambium Assessment, Inc. APPROVED AS TO LEGAL SUFFICIENCY DEPARTMENT OF JUSTICE BY: Date September 19, 2024 10/22/2024 10/23/2024 P004DOET25 September 19, 2024 09/19/2024