Inspection, Repair and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers Groups B & C

Dr. Diana L. Greene, Superintendent of Schools EVERY SCHOOL. EVERY CLASSROOM. EVERY STUDENT. EVERY DAY. Duval County Public Schools www.duvalschools.org Purchasing Services PH: (904) 858-4848 1701 Prudential Drive, Suite 322 FAX: (904)858-4868 Jacksonville, FL 32207 March 3, 2023 Cintas Corporation No. 2 dba Cintas Fire Attn: Ron Kaneer 7251 Salisbury Road Jacksonville, FL 32256 RE: RFP No. 03-23/LM, Inspection, Repair and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers On Tuesday, November 1, 2022 The Duval County School Board approved the Award for Inspection, Repair and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers, RFP No. 03-23/LM, Group B to Cintas Fire. This is for the initial period commencing January 1, 2023 through December 2024. In accordance with Section 24 of the RFP, Insurance Requirements, please forward an updated copy of your insurance

certificate. If you have any questions about this award, please contact Louis Mitchum at (904) 858-4859. We look forward to a continued successful partnership. Terrence Wright, Director Duval County Public Schools cc Louis Mitchum Anita Locke Master Bid File http://www.duvalschools.org/ AGREEMENT BETWEEN THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA, AND CINTAS CORPORATION NO. 2 DBA CINTAS FIRE This Agreement is made and entered into effective January 1, 2023 (the "Effective Date"), and is by and between The School Board of Duval County, Florida (the "District"), and Cintas Corporation No. 2 dba Cintas Fire, a Foreign Profit Corporation (the "Contractor"). WIT N ES S ETH: Whereas, the District issued RFP No. 03-23/LM and all attachments thereto, dated on or about July 21, 2022, entitled "Inspection, Repair and Maintenance of Fire Sprinklers System, Fire Pumps and Back Flow Preventers", together with Addendum No. 1 thereto issued on August 10, 2022, and Addendum No. 2 thereto issued on August 25, 2022, (hereinafter referred to collectively as the "RFP"), copies of which are attached hereto and incorporated herein by this reference as composite Exhibit A; Whereas, after free and open competition, Contractor submitted a proposal in response to the RFP, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B, and was selected as the best responsive and responsible Contractor by the District (the "Proposal"); Whereas, the Contractor is interested in and capable of performing the desired Services for the District and the District desires to have the Contractor perform the Services; and Whereas, the parties have reached an agreement on the Services to be performed and the payment for the same, and therefore wish to set forth this understanding in writing in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: ARTICLE I SCOPE OF SERVICES 1.1 The recitals set forth above are true and correct and are incorporated into this Agreement by this reference. 1.2 The parties agree that the purpose of this Agreement is that the Contractor shall fully and timely provide the District the Services in a manner in accordance with the District's objectives set forth in the RFP and this Agreement. The contract documents consist of this Agreement, the RFP, Addendum No. 1, Addendum No. 2, and the Proposal. In the event of any conflict or ambiguity among these documents, the priority set forth in section 21.7 .16 of the RFP shall apply. ARTICLE II COMMENCEMENT AND RENEWAL 2.1 See section 1.5 of the RFP with the initial term commencing January 1, 2023. 2.2 The Services shall commence according to the schedule set forth in the RFP, unless the District notifies the Contractor otherwise in writing . ARTICLE III COMPENSATION 3.1 The compensation for the term commencing on January 1, 2023 and ending on December 31, 2024, is not to exceed the sum of $21 ,276.00. 3.2 The maximum obligated amount under this Agreement shall be as set forth in the contract documents; in no event shall the District be responsible to the Contractor for compensation in excess of the maximum obligated amounts stated in this Agreement except as increased by formal approved and executed supplemental agreement(s) . ARTICLE IV TERMINATION 4.1 This Agreement may be terminated as set forth in the RFP. ARTICLE V COMMUNICATIONS; RECORDS; NOTICES 5.1 The Contractor shall provide records and information and fully cooperate (notwithstanding any Contractor claims of trade secrets, proprietary or confidential information) with the District as to all matters pertaining to any and all legal, audit, administration, and compliance requirements relating to the Services and the contract documents. 5.2 The District's and Contractor's addresses for notices are as follows: If to the District: School Board of Duval County, Florida Attn : Superintendent 1701 Prudential Drive Jacksonville, Florida 32207 Phone: (904) 390-2115 If to the Contractor: · Cintas Corporation No. 2 dba Cintas Fire Attn: Ron Kaneer 7251 Salisbury Road Jacksonville, FL 32256 (904) 562-7000 ARTICLE VI PERSONNEL 6.1 The Contractor represents and warrants that its performance of the Services shall be rendered with promptness and diligence and shall be executed in a workman-like manner, in accordance with the practices and high professional standards used in a well-managed operation performing services similar to the Services. The Contractor represents and warrants it will use an adequate number of qualified individuals with suitable training , education, experience, and skill necessary to perform the Services and the Contractor represents and warrants it will perform the Services in an efficient and cost-effective manner. · 6.2 The Contractor agrees and represents that all of the Services required hereunder shall be performed by the Contractor as identified in the Proposal. Contractor's management and personnel shall be consistent with the Contractor's proposal as provided during the Request for Proposal and selection process and shall not be removed -or replaced without the Owner's written consent. 6.3 All the personnel assigned by the Contractor and any subcontractor shall be authorized under state and local laws to perform such Services, whether by appropriate license, registration , certification or other authorization . 6.4 The Contractor agrees that it will remove (within a mutually agreed upon period of time) from assignment under th is Agreement any individual in its employ, if, after the matter has been reviewed jointly by the District and the Contractor, the District requests such action in writing . Any such removal shall not necessarily reflect on the capabil ities or competence of the individual so removed . Nothing herein shall affect 2 the status or responsibilities of the Contractor as an independent contractor solely responsible for the method, manner and means chosen by it to perform hereunder. ARTICLE VII MISCELLANEOUS 7.1 All of Contractor's exceptions to the RFP set forth in its Proposal , if any, are stricken in their entirety and void except as may be specifically addressed in this Agreement or in Exhibit C hereto. 7.2 This Agreement may be executed via facsimile and in one or more counterparts, each of which will be deemed an original, but all such facsimiles and counterparts will together constitute but one and the same instrument. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first above written. -...iLJ-1~:cin Greene, Superintendent Of Schools and Ex-Officio Secretary to The Board THE SCHOOL BOARD OF DUVAL COUNTY, j,> FLORIDA By f; Darryl Approved by Board on 11/;/wiz I I CINTAS CORPORATION NO. 2 OBA CINTAS FIRE By: _____________ _ Printed Name: ___________ _ Title: ______________ _ 3 which will be deemed an orig inal. but all such facsimiles and counterparts will together constitute but one and the same instrument IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first above written. ATTEST: THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA By: ________ _ By:. _____________ _ Dr. Diana Greene, Superintendent Darryl Willie. Chairman Of Schools and Ex-Officio Secretary to The Board Form Approved: Approved by Board on By:_ Office of General Counsel CINTAS CORPORATION NO. 2 OBA CINTAS FIRE Printed Name: 4 Dr. Diana L. Greene, Superintendent of Schools EVERY SCHOOL. EVERY CLASSROOM. EVERY STUDENT. EVERY DAY. Duval County Public Schools www.duvalschools.org Purchasing Services PH: (904) 858-4848 1701 Prudential Drive, Suite 322 FAX: (904)858-4868 Jacksonville, FL 32207 March 3, 2023 Dynafire, LLC Attn: Service sales Representative 101 W. Brevard Dr. Melbourne, FL 32935 RE: RFP No. 03-23/LM, Inspection, Repair and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers On Tuesday, November 1, 2022 The Duval County School Board approved the Award for Inspection, Repair and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers, RFP No. 03-23/LM Group C to Dynafire. This is for the initial period commencing January 1, 2023 through December 2024. In accordance with Section 24 of the RFP, Insurance Requirements, please forward an updated copy of your insurance certificate. If you have any questions about this award, please contact Louis Mitchum at (904) 858-4859. We look forward to a successful partnership. Terrence Wright, Director Duval County Public Schools cc Louis Mitchum Anita Locke Master Bid File http://www.duvalschools.org/ AGREEMENT BETWEEN THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA, AND DYNAFIRE, LLC. This Agreement is made and entered into effective January 1, 2023 (the "Effective Date"), and is by and between The School Board of Duval County, Florida (the "District"), and Dynafire, LLC. , a Florida Limited Liability Company (the "Contractor") . W I T N E S S ET H: Whereas, the District issued RFP No. 03-23/LM and all attachments thereto, dated on or about July 21 , 2022, entitled "Inspection, Repair and Maintenance of Fire Sprinklers System, Fire Pumps and Back Flow Preventers"; issued Addendum No. 1 on or about August 10, 2022; and, issued Addendum No. 2 on August 25, 2022; copies of which are attached hereto and incorporated herein by this reference as composite Exhibit 6 (hereinafter referred to collectively as the "RFP"); Whereas , after free and open competition, Contractor submitted a proposal in response to the RFP, a copy of which is attached hereto and incorporated herein by this reference as Exhibit B, and was selected as the best responsive and responsible Contractor by the District (the "Proposal"); Whereas, the Contractor is interested in and capable of performing the desired Services for the District and the District desires to have the Contractor perform the Services; and Whereas, the parties have reached an agreement on the Services to be performed and the payment ·. for.the.same, and therefore wish to set forth this understanding in writing in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: ARTICLE I SCOPE OF SERVICES 1.1 The recitals set forth above are true and correct and are incorporated into this Agreement by this reference. 1.2 The parties agree that the purpose of this Agreement is that the Contractor shall fully and timely provide the District the Services in a manner in accordance with the District's objectives set forth in the RFP and this Agreement. The contract documents consist of this Agreement, the RFP, and the Proposal. In the event of any conflict or ambiguity among these documents, the priority set forth in section 21.7.16 of the RFP shall apply. ARTICLE II COMMENCEMENT AND RENEWAL 2.1 See section 1.5 of the RFP with the initial term commencing January 1, 2023. 2.2 The Services shall commence according to the schedule set forth in the RFP, unless the District notifies the Contractor otherwise in writing. ARTICLE Ill COMPENSATION 3.1 The compensation for the term commencing on January 1, 2023 and ending on December 31, 2023, is not to exceed the sum of $27,925.00. 3.2 The maximum obligated amount under this Agreement shall be as set forth in the contract documents; in no event shall the District be responsible to the Contractor for compensation in excess of the I / ,dximum obligated amounts stated in this Agreement except as increased by formal approved and executed .;upplemental agreement(s), ARTICLE IV TERMINATION 4,1 This Agreement may be terminated as set forth in the RFP. ARTICLE V COMMUNICATIONS; RECORDS; NOTICES 5.1 The Contractor shall provide records and information and fully cooperate (notwithstanding any Contractor claims of trade secrets, proprietary or confidential information) with the District as to all matters pertaining to any and all legal, audit, administration, and compliance requirements relating to the Services and the contract documents. 5.2 The District's and Contractor's addresses for notices are as follows : If to the District: School Board of Duval County, Florida Attn: Superintendent 1701 Prudential Drive Jacksonville, Florida 32207 Phone: (904) 390-2115 If to the Contractor: Dynafire, LLC Attn: Service sales Representative 101 W. Brevard Dr. Melbourne, FL 32935 (407) 773-2134 ARTICLE VI PERSONNEL 6.1 The Contractor represents and warrants that its performance of the Services shall be rendered with promptness and diligence and shall be executed in a workman-like manner, in accordance with the practices and high professional standards used in a well-managed operation performing services similar to the Services. The Contractor represents and warrants it will use an adequate number of qualified individuals with suitable training, education, experience, and skill necessary to perform the Services and the Contractor represents and warrants it will perform the Services in an efficient and cost-effective manner. 6.2 The Contractor agrees and represents that all of the Services required hereunder shall be performed by the Contractor as identified in the Proposal. Contractor's management and personnel shall be consistent with the Contractor's proposal as provided during the Request for Proposal and selection process and shall not be removed or replaced without the Owner's written consent. 6.3 All the personnel assigned by the Contractor and any subcontractor shall be authorized under state and local laws to perform such Services, whether by appropriate license, registration, certification or other authorization. 6.4 The Contractor agrees that it will remove (within a mutually agreed upon period of time) from assignment under this Agreement any individual in its employ, if, after the matter has been reviewed jointly by the District and the Contractor, the District requests such action in writing. Any such removal shall not necessarily reflect on the capabilities or competence of the individual so removed. Nothing herein shall affect the status or responsibilities of the Contractor as an independent contractor solely responsible for the method, manner and means chosen by it to perform hereunder. 2 I ARTICLE VII MISCELLANEOUS 7.1 All of Contractor's exceptions to the RFP set forth in its Proposal , if any, are stricken in their entirety and void except as may be specifically addressed in this Agreement. 7.2 This Agreement may be executed via facsimile and in one or more counterparts, each of which will be deemed an original, but all such facsimiles and counterparts will together constitute but one and the same instrument. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first above written. By;,-:\._:_~t~it~:i~t-::_===::::.- Dr. 1 Green , - erintendent Of Schools and Ex-Officio Secretary to The Board Form Approved : ByA,ll,~ Office of Geral Counsel Approved by Board on ______ _ DYNAFIRE, LLC Printed Name: Steven Hatch Title: CEO 3 November 1, 2022, Regular Board Meeting Title 20. INSPECTION, REPAIR AND MAINTENANCE OF FIRE SPRINKLER SYSTEMS, FIRE PUMPS AND BACK FLOW PREVENTERS Recommendation That the Duval County School Board approve two contracts, to DynaFire, LLC., and Cintas Corp. No. 2, d.b.a. Cintas Fire, for Inspection, Repair and Maintenance of Fire Sprinkler Systems, Fire Pumps and Back flow Preventers, RFP No. 03-23/LM, for firm fixed price work equaling $98,402.00 and potential task order repair work not to exceed $380,000 for a maximum expenditure amount of $478,402 from January 1, 2023 - December 31, 2024. That the Duval County School Board authorize the Chairman or Vice Chairman and Superintendent to execute the contract when form approved by the Office of General Counsel. That authority be delegated to the Superintendent or her designee to renew the contract for subsequent periods provided the terms and conditions are essentially as awarded and funds are available. There are three (3) potential two (2) year renewals. Description This is a request to provide Inspection, Repair and Maintenance of Fire Sprinkler Systems, Fire Pumps and Back Flow Preventers to be used at all facilities throughout the district. A Request for Proposal (RFP) was advertised and bids were submitted by three firms. The initial term of the contract is from January 1, 2023, through December 31, 2024, as stated in the recommendation above. The contract may be renewed for three (3) additional two (2) year periods. Gap Analysis This contract award will help ensure that the district receives Fire Sprinkler Systems, Fire Pumps, and Back Flow Preventer services at an industry competitive cost. Previous Outcomes The previous contract with Aegis Fire and Integraged Services, LLC., was approved on March 7, 2017 for a two (2) year term and was renewed two (2) times. Expected Outcomes It is expected that the recommended contractors will provide a continuation of high quality fire sprinkler, fire pump and back flow preventer services that we are currently receiving. Strategic Plan Goals and Principles DCPS will be fiscally transparent and communicate quarterly regarding the Sales Surtax. Financial Impact We anticipate $55,850 will be spent with DynaFire, LLC., and $42,552 will be spent with Cintas Corp. No. 2, d.b.a Cintas Fire in firm fixed price work over the entire two year base period of the contract. This contract will also be used for task order repairs of the same fire sprinklers, fire pumps, and backflow preventers when such equipment fails to operate properly through no fault of the contractor. We estimate no more than $380,000 to be spent on task order repairs over two years with $215,677 for Dynafire, LLC and $164,323 for Cintas. The maximum contract amount over the two year base period for Dynafire LLC equals $271,527 and for Cintas equals $206,875. For purposes of funding the first 12 months of the 24 month base period, we only expect half or less of the maximum amounts to be expended. The first 12 month fixed price cost for both contracts equals $49,201 and will be funded from RC 7260. The first 12 months of potential task order work for both contracts will not exceed $190,000 and will be funded from RC 3502. Both RC's are shown below. Fund Function Area Commitment Item 7260 Project funds Contract Maintenance 10000 General Operating 8100 Maintenance of Plant Services 350 Repairs and Maintenance Fund Function Area Commitment Item 3502 Project funds Design & Construction M-84400 Fire Safety 7400 Facilities Acquisition & Construction 670 Improvement not Bldg Contact Tarek Ghandour, Executive Director, Facilities Maintenance, 904-858-6300 Paul Soares, Assistant Superintendent, Operations, 904-390-2008 Attachments 1. Agreement between DCSB and Dynafire 2. Agreement - Fire Sprinkler Systems RFP - CINTAS Contract - Nov 2022 DUVAL COUNTY PUBLIC SCHOOLS PURCHASING DEPARTMENT 1701 PRUDENTIAL DRIVE JACKSONVILLE FL 32207 PH (904) 858-4848 FAX (904) 858-4868 DUVAL COUN T V l'UII L ◄ C SC H OO L S. Septem her 15, 2022 Inspection, Repair and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers RFP NO. 03-23/LM RECOMMENDATION FOR A WARD DATE OPENED: September 1, 2022 Summary of Protest Policy (Full Policy Text Can Be Found in Board Policy 7.70(V) In a contract procurement process, any person who is adversely affected by the agency Decision or Intended Decision and intends to protest the Decision or Intended Decision, shall file a notice of protest in writing with the school district's Agency Clerk (Executive Director, Office of Policy and Compliance) within seventy-two (72) hours after the posting of the notice of Decision or Intended Decision. A notice of protest should not be filed before the seventy­ two (72) hour period begins. The seventy-two (72) hour period begins upon posting of the Decision or Intended Decision. The notice of protest must be actually received by the Agency Clerk before the seventy-two (72) hour period expires. The seventy-two (72) hour period excludes Saturdays, Sundays, and holidays when the school district's administrative office is closed. The seventy-two (72) hour period is not extended by service of the notice of protest by mail. Failure to timely file a notice of protest shall constitute a waiver of proceedings under Board Policy and section 120.57(3), Florida Statutes. The notice of protest shall identify the procurement by number and title or any other language that will clearly enable the Agency Clerk to identify it; and it shall state that the person intends to protest the decision. The protester shall file a formal written protest with the Agency Clerk within ten ( 10) days after the date the notice of protest is filed. Failure to timely file the formal written protest shall constitute a waiver of proceedings under Board Policy and section 120.57(3), Florida Statutes. The ten ( 10) day period for filing the petition is not extended by service of the petition by mail. Note: The above text is a summary. Please consult Board Policy 7.70, and specifically paragraph (V), for the full text of the policy and protest requirements. The Board Policies are found on the school district's website within the Department titled "School Board." SEE ATTACHED ------------ ------------- Inspection , Repair and Maintenance of Fire Sprinkler Systems, Fire Pumps and Back Flow Preventers RFP-N0.3-23/LM GROUP B DYNAFIRE, LLC FIRE SPRINKLER SERVICES Award Recommendation EVALUATION SUMMARY Points attained out of 3000 available 2'73 223.85 178.29 Percentage 91 .00% 74.62% 59.43% Inspection, Repair and Maintenance of Fire Sprinkller Systems, Fire Pumps and Back Flow Preventers RFP-N0.3-23/LM GROUP C CINTAS FIRE DYNAFIRE llC FIRE SPRINKLER SERVICES Award Recommendation *** 16. E Program Cost. EVALUATION SUMMARY Points attained out of 300 possilble 269.37 224 159.54 Percentage 89.79% 74,137% *** 53.18% Inspection, Repair and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers Addendum No. 2 ADDENDUM NO. 2 www.duvalschools.org/purchasing Issue Date: August 25, 2022 Phone: 904-858-4859 Buyer: Louis Mitchum Bid Number: RFP N0. 03-23/LM Bid Title: Inspection, Repair and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers. Term of Bid: January 1, 2023 through December 31, 2024. Opening: Thursday, September 1st 2: 00p.m (EDT). Bids received prior to this date and time will be opened in the Conference Room, and may not be withdrawn for 120 days after opening. All bids received after the specified date and time will not be considered. Purpose: To answers questions that were received before the Deadline 1. Question: We would like to submit the following language to be included in the terms and conditions: 34.0 Contractor not an insurer. Notwithstanding anything in the foregoing, District agrees that neither Contractor nor subcontractors or assignees of Contractor, including, without limitation, those providing monitoring services (collectively, “Subcontractors”) are insurers and no insurance coverage is provided by this Agreement. DISTRICT ACKNOWLEDGES AND AGREES THAT CONTRACTOR AND ITS SUBCONTRACTORS DO NOT ASSUME ANY RESPONSIBILITY NOR SHALL THEY HAVE ANY LIABILITY FOR CLAIMS MADE AGAINST THEM CLAIMING THAT THEY ARE AN INSURER OF DISTRICT'S SYSTEMS, THE FAILURE OF SUCH SYSTEMS TO OPERATE EFFECTIVELY http://www.duvalschools.org/purchasing http://www.duvalschools.org/dcps Inspection, Repair and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers Addendum No. 2 OR ANY OTHER TYPE OF INSURANCE COVERAGE AS AN INSURER. District acknowledges that during the term of the Agreement, it will maintain a policy of insurance covering public liability, bodily injury, sickness or death, losses for property damage, fire, water damage, and loss of property in amounts that are sufficient to cover all claims of District for any losses sustained. DISTRICT AGREES TO INDEMNIFY AND HOLD CONTRACTOR AND ITS SUBCONTRACTORS HARMLESS FROM AND AGAINST ALL COSTS, EXPENSES (INCLUDING ATTORNEY'S REASONABLE FEES) AND LIABILITY ARISING FROM CLAIMS REQUIRED TO BE COVERED BY INSURANCE PURSUANT TO THIS SECTION, INCLUDING ANY CLAIMS FOR DAMAGES ATTRIBUTABLE TO BODILY INJURY, SICKNESS, OR DEATH, OR THE DESTRUCTION OF ANY REAL OR PERSONAL PROPERTY. Contractor shall not be responsible for any claims of District against the Subcontractors nor for any portion of any loss or damage that is required to be insured, is insured or insurable and shall be indemnified by District against all such claims including the claims of any third parties. 35.0 LIMITATION OF LIABILITY OF SUPPLIER; LIQUIDATED DAMAGES. Notwithstanding anything in the foregoing, Contractor's service fees are based on the value of services provided and the limited liability provided under this Agreement, and not on the value of the District's premises or its contents, or the likelihood or potential extent or severity of injury (including death) to District or others. Contractor cannot predict the potential amount, extent, or severity of any damages or injuries that District or others may incur which could be due to the failure of the system or services to work as intended. Contractor is not an insurer. If Contractor should be found liable for loss or damage due to a failure on the part of Contractor or its systems or any fire suppression or alarm equipment, in any respect, its liability to District, its agents, officers, directors, employees, or invitees shall be limited to $1,000 as liquidated damages. The provisions of this paragraph apply in the event of loss or damage, irrespective of cause or origin, resulting directly or indirectly to person or property from the performance or non- performance of the obligations set forth by the terms of this Agreement, or from negligence, active, or otherwise, of Contractor, its agents, or employees. If District wishes to increase the limitation of liability, District may, as of right, enter into a supplemental agreement with Contractor and obtain a higher limit by paying an additional amount consistent with the increase in liability. As such (I) District hereby agrees that the limits on the liability of Contractor and Subcontractors, and the waivers and indemnities set forth in this Agreement are a fair allocation of risks and liabilities between Contractor, District, Subcontractors and any other affected third parties; and (II) except as provided in this Agreement, District waives all rights and remedies against Contractor and Subcontractors including rights of subrogation, that District, any insurer, or other third party have due to the losses or injuries District or other incur. District agrees that were Contractor and its Subcontractors to have liability greater than that stated above, it would not provide the services. Neither party shall be liable to the other or any other person for any incidental, punitive, loss of business profits, speculative or consequential damages. Answer: No, these languages will not be added/included. Inspection, Repair and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers Addendum N0. 1 ADDENDUM NO. 1 www.duvalschools.org/purchasing Issue Date: August 10, 2022 Phone: 904-858-4859 Buyer: Louis Mitchum Bid Number: RFP N0. 03-23/LM Bid Title: Inspection, Repair and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers Opening: Thursday, September 1, 2022, 2:00 p.m. (EDT). Bids received prior to this date and time will be opened in the Conference Room and may not be withdrawn for 120 days after opening. All bids received after the specified date and time will be returned unopened. The addendum shall serve to amend, replace and append information provided to potential respondents in the original RFP package. To assist in the development of their responses, interested firms are encouraged to carefully review the information found in this addendum and on any additional enclosed documents. Purpose: Information/Clarification. Potential Proposers shall not contact, by written or verbal communication, any District employee for information regarding this RFP other than as expressly permitted by this RFP. Additions, deletions, or modifications to information contained in the RFP document will be presented to all potential Proposers by means of a written addendum, if necessary. No verbal or written information which is obtained other than by information in this document or by addendum to this RFP will be binding on the District. Any questions or requests for clarification regarding this RFP shall be submitted to Louis Mitchum, Purchasing Services in writing via e-mail at mitchuml@duvalschools.org. The deadline for such questions or requests will be 12:00 noon, EDT on August 18th, 2022, unless otherwise extended in writing by the District. Questions or requests for clarification received after the deadline will NOT be addressed. Note that Proposers are requested to submit questions regarding this RFP for the District’s clarification via issued Addenda, instead of Proposer’s taking exceptions to any terms or conditions of this RFP within the submitted proposal. http://www.duvalschools.org/purchasing mailto:mitchuml@duvalschools.org Pre-Action Semi-An Hydrants Annually Sch # School 1st 2nd 3rd Annual Wet System No. Dry System No. 1st 2nd No. Month Month No. 3003 Consolidated Services MARCH JUNE SEPT DEC 6 1 3 AUG FEB 2 3004 Nutrition Center MARCH JUNE SEPT DEC 1 1 MARCH(3) SEPT 6 NOV 2 3010 Teacher Supply Depot 1 FEB 3012 West Riverside Elem. 3 FEB 3014 Grand Park Career 4 MAY 3016 Ortega Elementary 6 JUNE FEB 1 3018 Central Riverside Elem. 4 FEB 3019 Ruth N Upson Elem. 3 FEB 3020 Fishweir Elementary 4 FEB 3021 Annie Morgan Elem. 7 FEB 3025 Springfield Middle MARCH JUNE SEPT DEC 4 1 11 FEB 3033 Riverside High MARCH JUNE SEPT DEC 7 2 1 8 JUNE FEB 3 3037 Henry Kite Elem. 4 MARCH 3038 Baldwin Middle/High MARCH JUNE SEPT DEC 1 7 OCT FEB 3 3045 Dinsmore Elementary MARCH JUNE SEPT DEC 3 1 3 AUG 3048 Thomas Jefferson Elem. 4 FEB FEB 4 3051 Whitehouse Elem. 3 AUG FEB 2 3054 James W Johnson Act 4 MARCH FEB 1 3059 Garden City Elem. 4 AUG FEB 1 3067 Old Tech High 2 FEB 3068 Venetia Elementary 4 JUNE 3069 Lake Shore Middle MARCH JUNE SEPT DEC 1 11 JUNE 3074 Lake Forest Elem. 3 MARCH 3075 Paxon High 14 NOV FEB 2 3077 Hyde Park Elem. 4 FEB 3078 Biltmore Elementary 6 MARCH FEB 1 3079 Ramona Blvd Elem. 3 FEB 3084 Bayview Elementary 4 JUNE 3088 John Stockton Elem. 6 JUNE FEB 1 3091 Sallye B Mathis Elem. 5 MARCH FEB 1 3093 Pinedale Elementary 2 NOV 3096 Jean Ribault High 9 MARCH FEB 3 3097 Cedar Hills Elementary 5 JUNE 3098 Timucuan Elementary MARCH JUNE SEPT DEC 1 4 OCT 3099 Highlands Elementary 8 AUG 3116 Sadie Tillis Elem. MARCH JUNE SEPT DEC 1 6 MARCH FEB 1 3124 Bridge to Success 5 MAY 3128 Susie Tolbert Elem. 2 MAY 3142 Chaffee Trail MARCH JUNE SEPT DEC 3 8 AUG FEB 3 3149 S.P. Livingston Elem. MARCH JUNE SEPT DEC 1 3 FEB 3152 James Weldon Middle 5 NOV FEB 1 3153 Stanton Prep 8 MAY 3154 John E Ford Elem. MARCH JUNE SEPT DEC 1 7 MAY FEB 3 3155 Northwestern Middle MARCH JUNE SEPT DEC 1 5 MAY FEB 1 3158 George Carver Elem. 3 MAY 3162 RV Daniels Elem. 4 MAY 3163 Rufus Payne Elem. 3 NOV 3164 Mt. Herman Exceptional MARCH JUNE SEPT DEC 1 4 MAY 3165 William Raines High 9 MAY FEB 1 3166 Carter G. Woodson 2 MAY FEB 1 3168 Butler MS/YMWLA MARCH JUNE SEPT DEC 3 5 MAY FEB 1 3169 Samuel A Hull Elem. Q 4 AUG 3170 Palm Ave Exceptional 3 NOV 3202 Reynolds Lane Elem. MARCH JUNE SEPT DEC 2 6 NOV FEB 1 3205 Pickett Elementary 6 NOV 3207 Westside Middle 9 FEB 1 3210 Oak Hill Elementary 6 JUNE FEB 2 3212 Ribault Middle 1 MARCH FEB 2 3214 Hyde Grove Elementary 3 JUNE FEB 1 3216 Jefferson Davis Middle 5 JUNE FEB 1 3219 Joseph Stillwell Middle 4 AUG 3220 MLK Jr. Elem. 3 MARCH 3221 Normandy Village Elem. 3 JUNE FEB 1 3226 Crystal Springs Elem. 5 AUG FEB 3 3229 Jax Heights Elementary MARCH JUNE SEPT DEC 1 11 OCT FEB 1 3232 Chimney Lakes Elem. MARCH JUNE SEPT DEC 1 6 OCT FEB 2 3234 Hidden Oaks 6 JUNE FEB 1 3236 Mamie Agnes Elem. 3 OCT FEB 1 3241 Westside High MARCH JUNE SEPT DEC 4 8 OCT FEB 2 3243 Gregory Drive Elem. MARCH JUNE SEPT DEC 1 5 JUNE FEB 3 3244 Highlands Middle 2 AUG FEB 3 3248 Ed White High MARCH JUNE SEPT DEC 5 5 JUNE FEB 8 3250 Pine Estates Elem. 4 AUG FEB 2 3255 Enterprise Learning MARCH JUNE SEPT DEC 4 5 SEPT FEB 2 3269 Biscayne Elementary MARCH JUNE SEPT DEC 1 5 AUG FEB 2 3274 Westview Elementary MARCH JUNE SEPT DEC 5 9 JUNE FEB 6 3280 Frank Peterson 11 JUNE FEB 8 3285 A. Phillip Randolph 10 MAY FEB 5 7253 Maintenance Station 3 8 MARCH 7257 Landscape Yard (Grounds) 414 97 Sprinkler/Pre-Action Systems - Quarterly Fire Pump Annually Flow test Backflow Annually DUVAL COUNTY PUBLIC SCHOOL - FIRE SAFETY SCHEDULE Facilities and Equipment List by Group Attachment D 1 RFP N0. 03-23/LM, Inspection and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers REQUEST FOR PROPOSALS (RFP) RFP NO. 03-23/LM Inspection, Repair and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers Anticipated Schedule RFP Release Date: July 21, 2022 Deadline for Written Questions: August 18th, 2022, at 12:00 noon. (eastern) Proposals Opened: September 1st, 2022, at 2:00 (eastern) Committee Evaluation: September 7th, 2022 Contract Award: November 2022 DUVAL COUNTY PUBLIC SCHOOLS Purchasing Services Department 1701 Prudential Drive, Suite 322 Jacksonville, Florida 32207 2 RFP N0. 03-23/LM, Inspection and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers ATTACHMENT A Duval County Public Schools www.duvalschools.org 1701 Prudential Drive PHONE: (904) 390-2000 Jacksonville, FL 32207 TDD: (904) 390-2898 Purchasing Services PH: (904) 858-4848 1701 Prudential Drive FAX: (904) 858-4868 Jacksonville, FL 32207 Request for Proposals (RFP) Required Response Form Inspection, Repair and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers RFP N0. 03-23/LM This response must be submitted to Duval County Public Schools, Purchasing Services, 1701 Prudential Drive, Suite 322, Jacksonville, FL 32207, no later than 2:00 p.m. on September 1st, 2022 and plainly marked RFP N0.03-23/LM. Responses are due and will be opened at this time. Responses received after 2:00 p.m. on the date due will not be considered. Anti-Collusion Statement / Public Domain I, the undersigned vendor have not divulged, discussed, or compared this proposal with any other vendors and have not colluded with any other vendor in the preparation of this proposal in order to gain an unfair advantage in the award of this proposal. I acknowledge that all information contained herein is part of the public domain as defined in the Public Records Act, Chapter 119, F.S. Proposal Certification I hereby certify that I am submitting the following information as my company's response and understand that by virtue of executing and returning with this response this REQUIRED RESPONSE FORM, I further certify full, complete, and unconditional acceptance of the contents of all pages, inclusive of this Request for Qualifications, and all appendices/attachments and the contents of any Addendum released hereto. VENDOR (firm name): STREET ADDRESS: CITY & STATE: PRINT NAME OF AUTHORIZED REPRESENTATIVE SIGNATURE OF AUTHORIZED REPRESENTATIVE: TITLE DATE: CONTACT PERSON: CONTACT PERSON'S ADDRESS: TELEPHONE: FAX: TOLL FREE: INTERNET E-MAIL ADDRESS: INTERNET URL: VENDOR TAXPAYER IDENTIFICATION NUMBER: NOTE: Entries must be completed in ink or typewritten. An original signature is required. http://www.duvalschools.org/ 3 RFP N0. 03-23/LM, Inspection and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers DUVAL COUNTY PUBLIC SCHOOLS RFP: INSPECTION, REPAIR AND MAINTENANCE OF FIRE SPRINKLER SYSTEMS, FIRE PUMPS AND BACK FLOW PREVENTERS RFP N0. 03-23/LM INDEX 1.0 Introduction 2.0 Base Contract Scope of Services 3.0 Equipment to be Inspected and Maintained 4.0 Escalation Provision 5.0 Ex Parte Communication 6.0 Preparation and Submission Requirements 7.0 Contractor Qualifications 8.0 Minimum Staffing Qualifications 9.0 Minimum Inspection and Maintenance Standards 10.0 Standard and Emergency Response Times 11.0 Required Reporting and Procedures 12.0 Familiarity with District 13.0 Time Schedule 14.0 Proposal Evaluation and Award 15.0 District’s Rights and Reservations 16.0 Proposal Format and Evaluation Criteria 17.0 Proposal Evaluation Process 18.0 Replacement of Contract Staff 19.0 Termination, Suspension, and Remedies 20.0 Default 21.0 Legal Requirements 22.0 Federal and State Tax 23.0 Conflict of Interest 24.0 Insurance Requirements 25.0 Indemnification/Hold Harmless Agreement 26.0 Public Records Law 27.0 Permits and Licenses 28.0 Public Entity Crimes 29.0 Assignment of Contract and/or Payment 30.0 Agreement 31.0 Dispute (Solicitation or Award) 32.0 Disclaimer 33.0 Office of Economic Opportunity (OEO) Participation 4 RFP N0. 03-23/LM, Inspection and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers ATTACHMENTS: (To be completed and returned with the proposal) A. Required Response Form (Page 2) Attachment- A B. Price Proposal Form- Attachment- B C. OEO Compliance Statement (Submit all required signatures as specified)- Attachment-C D. Facilities and Equipment List by Groups- Attachment- D (Does not have to be returned with proposal) E. Fire Protection Contractor 1 or 2 and 3 F. Florida Fire Equipment Dealer License Class A&D G. Unlimited Electrical Contractor or Fire Alarm Contractor License EXHIBITS: 1. Sample Invoice-Exhibit – 1 2. Evaluation Worksheet- Exhibit -2 3. Federal Forms Exhibit - 3 5 RFP N0. 03-23/LM, Inspection and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers DUVAL COUNTY PUBLIC SCHOOLS RFP: INSPECTION, REPAIR AND MAINTENANCE OF FIRE SPRINKLER SYSTEMS, FIRE PUMPS AND BACK FLOW PREVENTERS RFP N0. 03-23/LM 1.0 INTRODUCTION: 1.1 Purpose: This is a Request for Proposals ("RFP") for a minimum of one (1) and maximum of two (2) qualified fire protection inspection and service firms (the “Contractors”) to provide Inspection, Repairs and Preventative maintenance of existing Fire Sprinklers, Fire Pumps, Back Flow Preventers pre- action systems, clean agent systems, 5-year fire inspections, fire hydrants and related technical services for Duval County Public Schools (“DCPS” or the “District”). During the course of this contract, should equipment replacement services be needed, the procurement of equipment and installation labor will be accomplished in accordance with the procedures as described in this document. Proposals will be accepted for Group B and/or Group C. Contractors may elect to respond to either or both groups. Note: See Attachment D, Facilities and Equipment List By Group (Group B and Group C) for school groups. 1.2 General Information about District Schools: The District and its governing board were created pursuant to Section 4, Article IX of the Constitution of the State of Florida. The District is an independent taxing and reporting entity managed, controlled, operated, administered, and supervised by the District’s school officials. The Board consists of seven elected officials responsible for the adoption of policies, which govern the operation of the District. The Superintendent of Schools is responsible for the administration and management of the schools within the applicable parameters of state and federal laws and regulations, State Board of Education Rules, and School Board policies. The Superintendent is also specifically delegated the responsibility of maintaining a uniform system of records and accounts in the District. The District is coterminous with Duval County, which covers 850 square miles and operates 171 facilities, including administrative areas, elementary schools, middle schools, high schools, and specialized schools. The District serves 107,878 students (the student population changes annually). It is the second largest employer in Jacksonville with approximately 11,550 full time staff (approximately 7,803 teachers) at 158 schools and additional administrative facilities, and the sixth largest district in the State of Florida. Charter schools in Duval County will NOT be a part of the contract resulting from this RFP. The administration of the contract is a function of DCPS Support Operations, delegated to the Facility Maintenance Department. All post award communications shall be directed to the DCPS Contract Manager, Contracted Services. For more information about the District, please visit www.duvalschools.org . 1.3 The Services: Duval County Public Schools (DCPS) intends to enter into agreement for providing material, labor and services for the inspection, maintenance, minor modifications/replacements and repair of fire sprinkler systems, Pre-Action Systems, Clean Agent Systems, fire pumps, fire hydrants, back flow preventers and related items at various schools on an annual contract basis. The intent is to keep fire sprinkler http://www.duvalschools.org/ 6 RFP N0. 03-23/LM, Inspection and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers systems, fire pumps, fire hydrants, back flow preventers and related items in compliance with local and state regulations – ready for immediate use. The District reserves the right to make amendments to the awarded contract. Adjustment of the contract may be necessary due to such factors including but not limited to additions or renovations at schools, new schools being built and addition or reduction of components. Any changes to the contract will be negotiated and executed via addendum to the contract. DCPS reserves the right to remove or add entire facilities/buildings at the awarded price. 1.4 District Objectives: 1.4.1 Maintain a healthy comfortable productive learning environment for the students and staff. 1.4.2 Minimize equipment and system down time. 1.4.3 Extend equipment life 1.4.4 Optimize utility expenditures. 1.5 Contract Term: The District wishes to receive proposals for the selection of qualified firm(s) to provide fire protection system inspections for the District for an initial period of two (2) years, from January 1, 2023, through December 31, 2024. The contract may thereafter be renewable under the same terms and conditions as the original contract for three (3) additional two (2) year renewal periods, upon the written consent and agreement of both parties. If the Contractor elects not to renew the contract it shall issue a written notice to the District not less than one hundred twenty (120) days prior to the contract anniversary date to allow sufficient time for re-solicitation. Purchases by other political subdivisions or public entities under any contract resulting from this solicitation are permissible upon the consent and agreement of the awarded contractor(s). 2.0 BASE CONTRACT SCOPE OF SERVICES: Group B and Group C base bid pricing is to include the following in all schools within each group: • All required annual, bi-annual and quarterly inspections to backflows, all varieties of fire sprinkler systems and fire hydrants per NFPA 25 and as outlined in Section 9.0 • All minor repairs to fire sprinkler systems to a threshold of $300 (Contractor must provide a list of all available components under the $300 threshold limit that would be used in these systems as a part of the RFP response See Section 16.D.ii), including but not limited to • Spare sprinkler heads • Sprinkler head wrench • Fire Department Cap, (FDC) • Gauges • Signage All required reporting to City, State and Federal agencies Plan review services on any new construction or renovation in schools is covered by the base bid 3.0 EQUIPMENT TO BE INSPECTED AND MAINTAINED: Attachment -D list by schools, the number of fire sprinkler systems, fire pumps, pre-actions, fire hydrants, backflow preventers at each school and the months the various inspections are due. The information in Attachment- D is believed to be accurate and the Respondent shall base his bid proposal upon the information presented in Attachment D. 3.1 Task Order Services: 7 RFP N0. 03-23/LM, Inspection and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers Task orders will be for any work on any DCPS equipment that is deemed by the Contract Manager to be above/beyond that covered in the RFP base contract. Task Order work may result from a planned project scope of work or work initiated in the RFP base contract but rises to a level above/beyond work in that category. Examples include, but are not limited to backflow repairs, backflow replacements, fire sprinkler system repairs discovered via inspection over the $300 threshold, removal/addition/relocation of sprinkler heads, fire hydrant repairs, repairs to pre-action and inergen systems, hydrostatic tests of standpipe hoses every 3 years, and replacement of standpipe hoses every 5 years, etc. Task Order and technical services shall be priced in accordance with local industry standards. Task Order work must be estimated/quoted and approved prior to task order work by the DCPS Contract Manager. Task Order work will be billed separately as per individual PO. Contractor shall submit a copy of the associated field service reports with each invoice. DCPS reserves the right to request task order quotes from both awarded Contractors and award as best benefits the District (See also Section 10.1 for task order response times) 3.2 DCPS Calendar: It is the responsibility of the respondent to identify all critical dates on the DCPS calendar that can be found at https://dcps.duvalschools.org/. This calendar contains information on district testing, school closure days, holidays and school operating hours that may significantly impact the performance/scheduling of work. District will provide district testing notification to Contractor and the Contractor is expected to minimize school disturbance. 3.3 Correction of Work: The Contractor shall promptly correct all work rejected by DCPS as defective or as failing to conform to the specifications as stated herein. The Contractor shall bear all costs of correcting such rejected work. In addition, DCPS may withhold payment in whole or in part to the extent necessary to reasonably protect DCPS in their opinion services have not been provided as specified in the contract. Payment shall be released pending confirmation and/or verification that services have been rendered in accordance with the terms of their agreement. 3.4 Monthly Billing: The Contractor shall ensure that all monthly invoices for services performed are accurately and completely compiled prior to submission for approval and remittance. The Contractor shall submit invoices electronically to the Facilities Maintenance Office, Duval County School Board, 129 King Street, Room 25, Jacksonville, Florida 32204. (E-mail address and invoicing format to be provided after award of contract). Invoices shall be submitted to include all services rendered for the prior month. The invoice charges will be broken out by school/location and by service rendered. Please see Exhibit-1-Sample invoice. The invoices shall be submitted by the 5th of each month for services rendered for the previous month. With each invoice, the Contractor shall also submit a copy of the associated field service reports arranged in chronological order. Further this data must be available in Microsoft Excel format for electronic submission. 3.5 Site Summary: The contract will be divided into two (2) groups, Group B & Group C. The lists of facilities for each Group are detailed in Attachment-D. Contractor shall become familiar with any local conditions which may, in any manner, affect the services required. The proposer(s) is/are required to carefully examine the RFP terms and to become thoroughly familiar with any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowance will be made due to lack of knowledge of these administrative and / or environmental conditions. The submittal of a proposal will be construed as evidence that such site examination has been made and no subsequent allowance will be made. https://dcps.duvalschools.org/ 8 RFP N0. 03-23/LM, Inspection and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers 4.0 ESCALATION PROVISION: At each renewal of the contract, DCPS will consider an increase due to inflation provided the proposed price increase does not exceed the lesser of 3% or the rate of inflation as determined by the Consumer Price Index (CPI) for urban wage earners and clerical workers, U.S. city average, all items (1982- 84=100), published by the U.S. Bureau of Labor Statistics, or any successor or substitute index appropriately adjusted for the prior 12 month period using the first-published CPI for the month immediately preceding the month of the contract renewal request. The contractor must request the increase in writing prior to the renewal of the contract. 5.0 EX PARTE COMMUNICATION: Ex parte communication, whether verbal or written, by any potential Respondent or representative of any potential Respondent to this RFP with District personnel involved with or related to the RFP, other than as designated in this document, is strictly prohibited. Violation of this restriction may result in the rejection/disqualification of the Respondents’ proposal. Ex parte communication, whether verbal or written, by any potential Respondent or representative of any potential Respondent to this RFP with Board members is also prohibited and will result in the disqualification of the Respondent. Notwithstanding the foregoing, communications are permissible by this Section when such communications with a prospective Respondent are necessary for, and solely related to, the ordinary course of business concerning the District’s existing contract(s) for the materials or services addressed in this RFP (but in no event shall any existing vendor intending to submit a proposal initiate communications to any member(s) of the School Board of Duval County, Florida; it being understood such communication initiated by a vendor under these circumstances would not be in the ordinary course of business). 6.0 PREPARATION AND SUBMISSION REQUIREMENTS: Proposals not conforming to the instructions provided herein will be subject to disqualification at the sole option of the District. 6.1 All proposals must be received no later than 2:00 P.M. EST. on September 1st, 2022. If a proposal is transmitted by US Mail or other delivery medium, the Proposers(s) will be responsible for its timely delivery to Purchasing Services, 1701 Prudential Drive, Suite 322, Jacksonville FL 32207. Any proposal received after the stated time and date or at another location will not be considered and will be returned unopened to the Proposers(s). Official time for the purpose of bid opening will be calibrated using http://www.timeanddate.com/worldclock/results.html?query=jacksonville. 6.2 One signed original, and eight (8) copies on USB Flash Drive (in.pdf format) (8 USB Flash Drives to be submitted) of the complete proposal must be sealed and clearly labeled "REQUEST FOR PROPOSAL: “INSPECTION, REPAIR AND MAINTENANCE OF FIRE SPRINKLER SYSTEMS, FIRE PUMPS AND BACK FLOW PREVENTERS" on the outside of the package. The legal name, address, Proposers' contact person, and telephone number must also be clearly annotated on the outside of the package. The signed original shall be marked as “ORIGINAL”. Once accepted, all original proposals and any copies of proposals become the sole property of the District and may be retained by the District or disposed of in any manner the District deems appropriate. All proposals must be signed by an officer or employee having authority to legally bind the Proposers(s). Any corrections of unit prices must be by line-outs of the original prices with correct amounts typed or http://www.timeanddate.com/worldclock/results.html?query=jacksonville 9 RFP N0. 03-23/LM, Inspection and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers written in and initialed by the originator. Corrections made using correction fluid (white out) or any other method of correction are unacceptable. NOTE: It is the sole responsibility of each respondent to assure all proposal copies are EXACT duplicates of the original proposal. USB Flash Drives will be utilized by the Evaluation Committee for the purpose of evaluation of proposals. Any information contained in the original proposal which has not been transferred to the USB Flash Drive or photocopies will NOT be considered. The original document will be used solely for official record keeping purposes. 6.3 Any proposal may be withdrawn prior to the date and time the proposals are due. Any proposal not withdrawn will constitute an irrevocable offer, for a period of ninety (90) days, to provide the District ample time to award the Contract for the services specified in the proposal and this RFP. Concurrent with the delivery of the Proposer’s proposal, the Proposer shall also irrevocably deliver a completed and properly signed Attachment A. Upon completion of the award process and within three (3) business days of the Duval County School Board’s completion of the award process at its duly called meeting, the successful Proposer shall cause the delivery of the required deliver the required insurance certificate (see Section 24.0 of this RFP). 7.0 CONTRACTOR QUALIFICATIONS: 7.1 Contractor warrants and represents itself to be experienced and an expert in the service contemplated. Contractor further understands that in awarding the RFP, the School Board is relying upon the representations and warranties of the Contractor herein contained. 7.2 All respondents are required to currently have and provide the following licenses and certifications: Fire Protection Contractor 1 or 2 and 3; Florida Fire Equipment Dealer License Class A & D; Unlimited Electrical Contractor or Fire Alarm Contractor License. Bids received without these licenses listing the bidding companies’ name may be considered non-responsive. 7.3 Upon request, the contractor shall provide within 7 calendar days required National Institute for Certification in Engineering Technologies (NICET) Level 2 Inspection, Test & Maintenance of Water Based Fire Protection Systems, Back Flow Test Certifications, Back Flow Repair Certifications and Fire Alarm System Agent/Burglar Alarm System Agent (FASA/BASA) cards. 7.4 Awarded Contractor must maintain current license and certifications throughout the course of this contract. Licenses will be verified on Myflorida.com and other official sites. Note: The items must be clearly outlined in the proposal. 8.0 MINIMUM STAFFING QUALIFICATIONS: 8.1 Personnel Conduct: All individuals performing services under this contract shall adhere to DCPS rules and regulations regarding appropriate attire, usage of proper language, prohibition of use and possession of controlled substances and alcoholic beverages, prohibition, of the possession of firearms, either on their person or in their personal vehicles and any other restrictions or prohibitions as may apply. Radios and other portable music playing equipment will not be allowed on any DCPS sites. Additionally, all individuals will adhere to and comply with the requirements as set forth. Contractor shall notify department or school office personnel and follow customary check-in procedures when they are physically on-site at any DCPS facility. All Contractor personnel are required to wear clothing identifying Contractor by either name or logo, and to have in possession and present upon request, by DCPS personnel, a form 10 RFP N0. 03-23/LM, Inspection and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers of picture identification (i.e. - driver’s license, ID card), a DCPS Contractor Badge and their FASA/BASA cards. Respondent’s personnel shall not fraternize with school staff or students. 8.2 Personnel Qualifications: All services performed under this contract are to be performed by qualified service technicians. Only a technician for whom documentation has been provided to Facilities Maintenance Contract Manager establishing their competence in the maintenance of fire sprinklers, fire pumps, back flow preventers pre-action systems, clean agent systems, 5 year fire inspections, fire hydrants and related technical services shall perform the inspection, repairs, tagging, and other associated work. 8.1.1 Respondents shall provide documentation before activation of the contract proving that each technician that will be working on DCPS properties associated with this RFP comply with Section 21.4 Jessica Lunsford Act and also holds a current and valid permit for servicing of pre-engineered systems, Back Flow Test Certifications, Back Flow Repair Certifications, NICET Level 2 Inspection, Test & Maintenance of Water Based Fire Protection Systems certifications and FASA/BASA cards. 8.1.2 Provide documentation sufficient to establish that the technician is fully capable of providing the service for which the proposal is submitted. Only those technicians with more than one (1) year of experience and hold FASA/BASA cards will be allowed to perform the services described herein. 8.1.3 It is recommended that respondents have a minimum of the following qualified inspectors as described in 8.1.1 above: 2 water based fire protection inspectors (must also have FASA/BASA cards), 1 pre- engineered inspector, 2 backflow preventer inspectors, 2 backflow repair technicians. 9.0 MINIMUM INSPECTION AND MAINTENANCE STANDARDS: These standards represent the minimum standard of work to be provided. All work performed shall comply with the requirements of the Florida Building Code (FBC), State Requirements for Educational Facilities (SREF), the Florida Fire Prevention Code and all other local, state and federal codes as may apply. The Contractor is encouraged to perform above these standards. The services outlined herein shall be performed during school operating hours. Coordination shall be made with DCPS Contract Manager and the Principal of the school during hours of operation. No extra charges shall be allowed for return trips to various locations. 9.1 Fire Sprinkler Systems, Fire Pumps, Pre-Actions, Standpipes, Fire Hydrants, 9.1.1 Tags (inspection labels) shall be per Florida Statutes. Fire Sprinkler, Fire Pumps, Pre-Actions, and Standpipes shall have annual and quarterly inspections and maintenance performed. NOTE: Five year inspections will be via task order. During inspections, if minor repairs to fire sprinkler systems to a threshold of $300 (Paragraph 2.0) are necessary, repairs shall be completed, and system labeled green per Florida Statues. 9.1.2 Task orders shall include re-certification of units or systems when necessary and labeled green per Florida Statues . 9.1.3 Backflow Preventers and fire hydrants owned by DCPS shall have annual inspections performed per NFPA 25, discovered deficiencies will be addressed via task order 9.1.4 Standpipe hoses shall be inspected annually 9.1.5 Clean Agent Systems shall have annual and bi-annual inspection and maintenance performed as per NFPA 2001 and maintenance manual. NOTE: Five Year discharge hoses replacement will be via task order. 11 RFP N0. 03-23/LM, Inspection and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers 9.1.6 The completed inspection report shall include the type and service performed and the type and number of parts installed on all repairs up to the $300 threshold (See 3.1 Task Order Services) 9.1.7 A copy of the inspection report shall be forwarded to DCPS Facilities Maintenance regardless of whether or not discrepancies are found. 9.1.8 In the event of a failed inspection, the Contractor will submit a quote and a plan of action to the District within five (5) days of the failed inspection. If the Contractor fails to submit the quote and plan of action after thirty (30) days and/or the District is in violation of any governing bodies, laws, or policies, the District reserves the right to suspend the work with the current Contractor and to seek the services from other vendors included in this contract or outside of this contract, to ensure that the District, remains in compliance with any governing agencies, laws, or policies. 9.1.9 If a device fails inspection, the Contractor will be required to include a detailed description in the quote why the device failed the inspection. 9.1.10 Each school has a specific month that inspections must be completed. Different inspections may be required on different months, for example, a sprinkler inspection in March and a backflow inspection may be due in October for the same school. If at any time the Contractor does not complete the required inspections for the designated month, they must notify the District of non-compliance and have a plan of action to correct the issue no later than three (3) business days after the month end. The District, at its discretion, may allot extra time for the Contractor to complete inspections, if a plan of action is approved by the District. After thirty (30) days and/or the District becomes non-compliant with any governing body, laws, or policies, the District may suspend the work of the non-compliant Contractor and solicit the services from another awarded Contractor on this contract or from an outside source. 10.0 STANDARD AND EMERGENCY RESPONSE TIMES: 10.1 Task Order Response: The Contractor shall provide a single local or toll free telephone number for DCPS personnel to call to initiate repair work above that is included in the base contract. Only designated DCPS personnel can request emergency service. Emergency services are considered task order work (see section 3.1) A list of authorized personnel will be provided to the Contractor within 15 calendar days after award. DCPS will not be responsible for any charges resulting from calls made by persons not on the list of authorized personnel. 10.2 Emergency Response: The Contractor shall respond with service personnel at the school within 90 minutes. Upon evaluation and or completion of service, the contractor shall notify the initiating party. In addition, the Contractor shall promptly notify the Facilities Maintenance Contract manager of any circumstances for which the requested service will not be completed. If service cannot be completed, Contractor shall take appropriate action to make the system/s safe and operational. The Contract Manager may request quote for additional services. This call would be used for repairs which are critical to the operation and protection of school/facility and may cause immediate danger to life or property and cause interruption of the learning process. 10.3 Urgent or Routine Calls: The Contractor shall respond with service personnel at the school and repair/resolve the problem within forty – eight (48) hours, excluding weekends, after the service call has been placed. Upon completion of service, the Contractor shall notify the initiating party. In addition, the Contractor shall promptly notify the Facilities Maintenance Contract manager of any circumstances for which the requested service will not be completed within the required 48 hours. 12 RFP N0. 03-23/LM, Inspection and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers 11.0 REQUIRED REPORTING AND PROCEDURES: 11.1 Field Reports: The Contractor shall complete an inspection report and inventory sheet at the completion of all work performed, (including service call work). The completed inspection report shall include the type of service(s) performed and unit serial number inspected. A condition report must be submitted for the quarterly inspection and testing of the fire sprinkler systems and fire pumps, even when there are no discrepancies to report. All documentation shall be submitted with the invoice. A DCPS employee (i.e. the Principal, Vice Principal, Maintenance Electronics Technician, or their appointed designee) at the school shall sign the inspection/condition report when the work is completed. In the event contractor observe fire panels reading trouble, contractor is required to send electronic photo of panel to the Contract Manager and Electronics Foreman before leaving the site. The list or reports includes, but is not limited to: 11.2 Quarterly and annual fire protection Service report as per 2011 NFPA 25 11.3 Fire alarm: clean agent pre-action system report as per 2013 NFPA 72,NFPA 2001 11.4 Fire Sprinkler System report of inspection as per manufacturer’s instructions and 2011 NFPA 25 11.5 Backflow Assembly Test Report as per local authority (JEA, Neptune Beach, etc) Monthly fire pump runs per 2011 NFPA 25 8.3 Note: A sample of the inspection report, condition report and inventory sheet is requested to be submitted following recommendation of award and shall be approved prior to commencement of any work under this contract. 11.6 DCPS Equipment Inventory: Contractor is required to provide a copy of each backflow reports to appropriate County Municipal Water Management Service (per Section 11.5) with the monthly invoice. Additionally, Contractor shall assist in compiling and maintaining a complete and accurate inventory of all equipment, including but not limited to backflows. This may include additional reporting to during the first year of the contract period. The Contractor shall, at no additional cost to the District, assist in updating equipment inventory spreadsheet. 11.7 Arrival and Departure Maintenance Logbook: Contractor personnel shall enter into the maintenance logbook, provided in the main office of school, the time of arrival and departure at the school and other information requested. All Contractor personnel are required to wear clothing identifying Contractor by either name or logo, and to have in possession and present upon request, by DCPS personnel, a form of picture identification (i.e. - driver’s license, ID card), a DCPS Contractor Badge and their FASA/BASA cards. 12.0 FAMILIARITY WITH DISTRICT: Proposers should become familiar with any local conditions which may, in any manner, affect the Services required. The Proposers(s) is/are required to carefully examine the RFP terms and to become thoroughly familiar with any and all conditions and requirements that may in any manner affect the Services to be performed under the Contract. No additional allowance will be made due to lack of knowledge of these conditions. Submission of a proposal shall constitute acknowledgement by the Proposers that he or she is familiar with all conditions. The proposer’s failure to familiarize itself with the sites shall in no way relieve it from any obligations with respect to the proposal. 13 RFP N0. 03-23/LM, Inspection and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers 13.0 TIME SCHEDULE: The District will attempt to adhere to the following time schedule: July 21, 2022, RFP Distribution August 18th, 2022, Deadline for written questions 12:00 noon. (eastern) September 1st, 20022, Proposals opened 2:00 p.m. (eastern) September 7th, 2022, Committee Evaluation November, Board Award The Evaluation Committee reserves the right to require presentations of any or all respondents in the event that proposals cannot be properly evaluated based solely upon their content. If presentations are required, each presenting firm will be notified of their presentation time and date. NOTE: If any respondent has not received email notification, a presentation will not be required by that firm. Inquiries regarding the status of a proposal must not be made prior to the posting of award recommendation. 14.0 PROPOSAL EVALUATION AND AWARD: In order to be considered for evaluation, the proposer shall possess sufficient capacity, resources and experience to provide complete Inspection, Repair and Maintenance of Fire Sprinklers, Fire Pumps and Black Flow Preventers. At a minimum respondent shall: A. Contract warrants and represents itself to be experienced and an expert in the service contemplated. Contractor further understands that in awarding the bid, the District is relying upon the representations and warranties of the contractor herein contained. B. All respondents are required to provide current copies of the following licenses and certifications: Fire Protection Contractor 1 or 2 and 3; Florida Fire Equipment Dealer License Class A and D; Unlimited Electrical Contractor or Fire Alarm Contractor License. Bids received without these licenses listing the respondents name may be considered non-responsive. C. Upon request, the Contractor shall provide within 7 calendar days the National Institute for Certification in Engineering Technologies (NICET) Level 2 Inspection, Test & Maintenance of Water Based Fire Protection System, Back Flow Test Certification, Back Flow Repair Certifications and Fire Alarm System Agent/Burglar Alarm System Agent (FASA/BASA) cards. D. Awarded Contractor must maintain current license and certifications throughout the course of this contract. Licenses will be verified on MyFlorida.com and other official sites. Note: The items must be clearly outlined in the proposal. 15.0 DISTRICT’S RIGHTS AND RESERVATIONS: A. The District reserves the right to accept or reject any or all proposals. B. The District reserves the right to waive any irregularities and technicalities and may at its sole discretion request clarification or other information to evaluate any or all proposals. C. The District reserves the right, before awarding the contract, to require Proposers(s) to submit additional evidence of qualifications or any other information the District may deem necessary. D. The District reserves the right, prior to its Board approval, to cancel the RFP or portions thereof, without liability to any Proposers or the District. 14 RFP N0. 03-23/LM, Inspection and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers E. The District reserves the right to: (1) accept the proposals of any or all of the items it deems, at its sole discretion, to be in the best interest of the District; and (2) the District reserves the right to reject any and/or all items proposed. F. The District reserves the right to further negotiate any proposal, including price, with the highest rated Proposers. If an agreement cannot be reached with the highest rated Proposer, the District reserves the right to negotiate and recommend award to the next highest ranked Proposer or subsequent Proposer(s) until an agreement is reached. 16.0 PROPOSAL FORMAT AND EVALUATION CRITERIA: In order to maintain comparability and enhance the review process, it is required that proposals be organized in the manner specified below. Include all information in your proposal. Proposers are encouraged to provide tab separations for each item. Proposals received which do not address ALL items and sub-items listed in this section may be considered nonresponsive or be awarded less points for the given category below. A. REQUIRED RESPONSE FORM (ATTACHMENT A): Submit with all required information completed and all signatures as specified. No points are assigned to this required item. B. EXPERIENCE AND REFERENCES: (15 Points) Provide a detailed narrative which demonstrates the correlation between your company’s experience & qualifications and the specific requirements of this contract. The narrative, at minimum shall include the following: NOTE: Points earned in this category (0-15) will be assigned to each Group (Group B & Group C) and become a part of the total for each Group. (1) A detailed list of experience & qualifications for both the proposed local management team and the corporate management team. (2) A general background of company history and associated services (profiling the background, experience, business philosophy and qualifications of the responding firm) (3) A description of any unique qualifications and offerings regarding other facility related services that may be of benefit to DCPS (4) A description of all material lawsuits that are either threatened or pending/filed against the firm over the last five (5) years and the disposition or status of each of the same (note: “material” is defined as the claim equaling or exceeding $100,000) (5) List all service contracts entered into by your firm that have been terminated, cancelled or not renewed for any reason within the past two (2) years. Provide the reason(s) for termination, cancellation or nonrenewal. Also provide the name, title, telephone number and email address for each client’s contact person who is familiar with the circumstances of the contract. (6) Attach proof of all licenses required by the City, State or other Regulatory Agencies required to provide the service as detailed in this RFP. All applicable licenses and certifications shall be provided via Section 7.0, as applicable. (7) Attach a copy of the ACORD form(s) showing the required insurance coverages and amounts are currently in place. Alternatively, Proposers may submit, together with their proposal, a letter on company letterhead stating they will comply with all insurance requirements, if awarded the contract (see Section 24.0). 15 RFP N0. 03-23/LM, Inspection and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers (8) The quality of work as evidenced by references to similar sized educational/institution contracts. C. ORGANIZATIONAL STAFF AND KEY PERSONNEL: (15 points) Provide a detailed narrative which demonstrates the correlation between your company’s staffing plan and the specific requirements of this contract. The narrative, at minimum shall include the following: Note: Proposer’s response should clearly delineate any differences in firm’s staffing plan based on the three (3) possible award scenarios. #1 – Award of Group B Only #2 – Award of Group C Only #3 – Award of Groups B & C. NOTE: The response to this category for each Group (B & C) will be evaluated independently and points earned (0-15) in this category for each Group (B & C) will become part of the total for each Group (B & C). i) An organizational chart that clearly shows the relationship with the local office that will service this contract and any corporate affiliation, as well as the team member(s) designated to the DCPS account and whether or not these team members would have other responsibilities with accounts other than DCPS. ii) The experience and qualifications for the any contract manager(s), the project manager(s), account representative(s) and field personnel to be assigned to this contract (supervisors, technicians, etc.). This information shall include job titles, roles for this service contract years in the industry, years providing the specific services, years with the firm, relevant training and educational background and certifications or licensing. iii) The number of service technicians assigned to the DCPS account if awarded Group B OR Group C OR Groups B & C By listing the individuals in the proposal, the firm is making a commitment that, barring unforeseen circumstances, they are the personnel who will be assigned to the project. DCPS reserves the right to request a substitution of personnel. DCPS must approve any changes to the personnel indicated. Identify the specific individual who would serve the District on a day-to-day basis as a primary point of contact and be responsible for the work product of the firm. The individual identified shall be available within 24 hours’ notice by telephone to attend meetings, respond to telephone calls and respond to specific inquiries. D. PROPOSED WORK PLAN AND APPROACH TO SERVICES: (25 points) Provide a detailed narrative which demonstrates the correlation between your company’s work plan & approach and the specific requirements of this contract. The narrative, at minimum shall include the following: i) The firm’s start-up plan and the specific measures your firm will take to effectively transition into this service role ii) Your firm’s approach to inspection of the equipment listed in Attachment-D in accordance with section 9.0 Minimum Inspection and Maintenance Standards, including the approach to discovered deficiencies, minor repairs under the $300 threshold 16 RFP N0. 03-23/LM, Inspection and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers and reporting. Proposer must include with proposal a list of standard items with pricing to include but not limited to items listed in Section 2.0. iii) Your firm’s quality control and quality assurance plan, and the methods of attaining DCPS objectives as stated in Section 1.4. iv) A detailed plan for response to task order work requests including a detailed plan for a 24 hours per day - 7 days per week emergency response and specifically how your firm will handle those types of calls v) A description of your firm’s understanding a school districts critical needs and special requirements, showing the firm’s understanding of the complications, difficulties and special requirements that make working for the District a challenge and include the firm’s plan to meet those challenges vi) A description of your firm’s communication plan, such as, how the firm’s various management levels will communicate with various DCPS management levels. Describe which, if any, support services will be provided by personnel other than those residing in the local office vii) A distinct list of any areas in which your firm’s proposal does not fully comply with the requirements of this RFP. In addition, if your firm’s proposal exceeds the requirements of this RFP you may use this section to highlight those advantages to DCPS. Proposers are also encouraged to identify any distinguishing attributes of their firm that the evaluation committee should be made aware of. These attributes may also be beyond the scope of this RFP if the contractor deems, they would provide value to the long-term goals of DCPS. If there is no information you wish to present, state in this section "There is no additional information that we wish to present." E. PROGRAM COST: (40 points) Complete and submit the Price Proposal Form (Attachment B). Costs shall include all expenses associated with providing inspection, repairs and preventative maintenance to a threshold of $300.00 (See Section 3.1) of existing fire sprinklers, fire pumps, back flow preventers pre-action systems, clean agent systems, fire hydrants and related technical services, including but not limited to labor, materials, tools and equipment required to provide the specific services, general expenses, delivery charges (if applicable), waste disposal costs (if applicable), administrative/management costs, any other direct or indirect costs of operation and related technical services. Proposals shall identify annual prices for specified services and extended prices per school/location on the Price Proposal Form. Extended prices will be used to determine each firm’s basis-of-award price as shown on the Price Proposal Form. Each firm’s basis-of-award price for each group independently will be used to determine points awarded for each group. Provide all requested costs for the group of services for which the responding firm wishes to be evaluated. Disclose purchasing agreements the firm has that may benefit DCPS. NO ALTERNATIVE PRICING OPTIONS WILL BE CONSIDERED. ANY FIRM THAT SUBMITS PRICING OPTIONS INCONSISTENT WITH THIS RFP MAY BE DISQUALIFIED. The firm submitting the lowest proposed cost of all parties involved will receive all available points for this category. All other respondents will receive points proportionate to the lowest cost response (example - a response that is 20% higher than the lowest submitted cost will receive 20% fewer points). 17 RFP N0. 03-23/LM, Inspection and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers The District believes there would be an operational advantage in selecting one firm for Group B and a different firm for Group C. Therefore: ▪ if one firm receives the most points for Group B and the same firm receives the most points for Group C --AND— ▪ the second highest scoring firm for Group B has either a lower basis-of-award price OR a basis-of-award price within five percent (5%) of the highest scoring firm’s basis- of-award price –THEN— ▪ the District reserves the right to award Group B to the second highest scoring firm. F. FINANCIAL RESPONSIBILITY: (5 points) Submit Audited or reviewed financial statements for the company (in U.S. Dollars) for the last two (2) fiscal years of operation. If submitting audited financial statements, the following shall be included for each year: • A balance sheet; • A statement of cash flow; • An income statement; • The independent auditor’s opinion letter; • The notes to the financial statement If submitting reviewed financial statements, the following shall be included for each year: • A balance sheet; • An income statement; • A CPA review letter giving limited assurance G. OEO COMPLIANCE STATEMENT: Submit all signatures as specified. This is a required submittal. No points are assigned for this category. 17.0 PROPOSAL EVALUATION PROCESS: Proposals are received and publicly opened. Only names of Proposers are read at this time. An Evaluation Committee will convene, review and evaluate all proposals submitted based on the factors set forth in the RFP. Purchasing personnel will participate in an administrative and advisory capacity only. The Evaluation Committee reserves the right to interview any or all Proposers and to require a formal presentation with the key people who will administer and be assigned to work on the contract before recommendation of award. This interview is to be based upon the written proposal received. All proposals will be evaluated in accordance with the evaluation criteria specified in this document. Information derived by investigation and overall due diligence of District staff will be considered. Based on the proposals received, the District may elect to proceed based on any of the following options, but will not necessarily be limited only to these options: (1) Award to the best initial proposal without any further discussion or negotiation; (2) Negotiate with the highest ranked Proposer; or, (3) Allow the top ranked Proposers make oral presentations. Proposers are advised to provide their best offer with the initial proposal because the District reserves the right to award a Contract based on initial proposals without further discussion or negotiation. The proposal most advantageous to the District in its sole discretion will be selected. The District reserves the right to negotiate out unacceptable clauses or restrictions incorporated within an otherwise acceptable proposal. In the event that a mutually acceptable contract between the District and the selected Proposers cannot be successfully negotiated and executed, then the District reserves the right to discontinue negotiations with such Proposers and to negotiate and execute a Contract with the next- ranked Proposers. 18 RFP N0. 03-23/LM, Inspection and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers The District reserves all rights, in its sole discretion, not to issue an award to any Proposers, to cancel this RFP at any time, to reissue this RFP for any reason, or a combination of any or all of the above. The District will not be liable to any Proposer for any costs incurred in connection with this RFP as a result of any of the above stated actions taken by the District. A recommendation agenda item will be prepared and submitted to the Superintendent of Schools, Duval County, Florida. The Superintendent will then recommend to the School Board the award or rejection of any and/or all proposal(s). The School Board will then award or reject any or all proposal(s). 18.0 REPLACEMENT OF CONTRACTOR STAFF: All management personnel to be assigned to the District Contract shall require prior written approval by the District. Replacement personnel must have, at a minimum, credentials equivalent to the individuals whom they replace. Resumes of replacement management personnel may be required to be submitted to the District for review. The District reserves the right to interview replacement management personnel prior to approval. The successful Contractor shall provide any and all necessary training for management and staff employed under the terms of the Contract with the District. Additionally, the Contractor agrees that it will remove (within a mutually agreed upon period of time) from assignment under the Contract any individual in its employ, if, after the matter has been reviewed jointly by the District and the Contractor, the District requests such action in writing. Any such removal shall not necessarily reflect on the capabilities or competence of the individual so removed. Nothing herein shall affect the status or responsibilities of the Contractor as an independent contractor solely responsible for the method, manner and means chosen by it to perform hereunder. 19.0 TERMINATION, SUSPENSION, AND REMEDIES: 19.1 The District, reserves the right to terminate any contract resulting from this RFP, at any time and for any reason, upon giving 90 days prior written notice to the other party. If said contract should be terminated for convenience as provided herein, the District will be relieved of all obligations under said contract. The District will only be required to pay to the proposer(s) that amount of the contract actually performed to the date of termination. The Contractor agrees the District will not be liable to the Contractor for any termination fee, penalty or liquidated damages as a result of such termination. Access to any and all work papers will be provided to the District after the termination of the contract. The parties understand and agree that the Contractor shall in no event have the reciprocal right to terminate the Contract; it being understood that the District’s payment of the Contract fees forms the consideration for the Contractor not having this right to terminate for convenience. In the event of the District’s termination of the Contract, the District (in its sole election) may also require the Contractor to provide the Transition Assistance set forth in section 19.3 of this RFP. 19.2 In the event any of the provisions of the Contract are breached by the Contractor, the Superintendent or designee will give written notice to the Contractor stating the deficiencies and unless the deficiencies are corrected within the applicable cure period set forth in this RFP (and if none is stated, then ten (10) days), the District may terminate the Contract. Upon termination hereunder, the District may pursue any and all legal remedies as provided herein and by law. Notwithstanding the foregoing, and in addition to the remedies set forth herein, the District may elect the following in its sole discretion, and without any obligation whatsoever to make the following election: If Contractor is unable to reasonably cure a deficiency within ten (10) days after receiving the District’s notice notwithstanding Contractor’s continuous and diligent efforts to do so, the District may elect, in its 19 RFP N0. 03-23/LM, Inspection and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers sole discretion, to permit Contractor to cure the deficiency as soon as is reasonably practicable using continuous and diligent efforts, but in no event more than thirty (30) days after receipt of the District’s notice. Until the earlier of either: (1) the deficiencies are cured, or (2) this agreed upon extended cure period expires, the Contractor remains obligated to perform the Services without degradation and in accordance with the Contract. If the Contractor does not keep compliance with any governing agencies, laws, or policies and such governing agencies, laws, or policies prohibit the Contractor from completing the portion of this contract and the District becomes non-compliant with the governing agencies, laws, or policies, then the District may seek compliance from other contractors to keep the District compliant without notice to the Contractor. 19.3 In order to provide transition assistance to the District in the event that the contract is terminated, not renewed or naturally expires, the Contractor agrees that the District may provide written notice to the Contractor retaining the Contractor for a mutually agreed upon period of time (at a minimum of one calendar month, plus up to five (5) additional calendar months on a month-by-month basis at the District’s sole and unilateral election) on the same terms and conditions set forth in the Contract (the “Transition Assistance”). The provisions of this section will not apply if the Contract is terminated by the Contractor based on an uncured event of default by the District. 20.0 DEFAULT: In the event that the Contractor breaches the Contract, then the District reserves the right to seek any and all remedies in law and/or in equity. 21.0 LEGAL REQUIREMENTS: 21.1 It shall be the responsibility of the Contractor to be knowledgeable of and adhere to the requirements of any Federal, State, County and local laws and ordinances, rules, and regulations that in any manner affect the items covered herein which may apply. Lack of knowledge by the Contractor shall in no way be a cause for relief from responsibility. Upon award, Contractor shall execute and deliver to the District, concurrent with its signature of the Agreement, the following, all of which shall be incorporated into the Agreement by this reference, and which are attached as composite Exhibit 2: (a) Federal Regulatory Compliance Statement; (b) Certification Regarding Drug-Free Workplace Requirements; (c) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion; and (d) Non-Collusion Affidavit. 21.2 Non-Discrimination: Contractor represents and warrants to the District that Contractor does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Contractor’s performance under the Agreement on account of a person’s actual or perceived identity with regard to race, religion, gender or gender identity / expression, age, marital status, disability, sexual orientation, political or religious beliefs, national or ethnic origin, pregnancy, veteran status, any other protected status under applicable laws, or any other distinguishing physical or personality characteristics. Contractor further covenants that no otherwise qualified individuals shall, solely by reason of his / her actual or perceived identity with regard to race color, religion, gender or gender identity / expression, age, marital status, disability, sexual orientation, political or religious beliefs, national or ethnic origin, pregnancy, veteran status, any other protected status under applicable laws, or any other distinguishing physical or personality characteristics, be denied the benefits of, or being subjected to discrimination, or be denied access and services, under any provision of the Agreement. 21.3 Respondents affirm by submitting their proposals that they are equal opportunity and affirmative action employers and shall comply with all applicable federal, state and local laws and regulations including, but not limited to: Executive Order 11246 as amended by 11375 and 12086; 12138; 11625; 11758; 20 RFP N0. 03-23/LM, Inspection and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers 12073; the Rehabilitation Act of 1973, as amended; the Vietnam Era Veterans Readjustment Assistance Act of 1975; Civil Rights Act of 1964; Equal Pay Act of 1963; Age Discrimination Act of 1967; Immigration Reform and Control Act of 1986; Public Law 95-507; the Americans with Disabilities Act; 41 CFR Part 60 and any additions or amendments thereto. 21.4 JESSICA LUNSFORD ACT: The Contractor shall comply with and be responsible for all costs associated with the Jessica Lunsford Act, which became effective on September 1, 2005 (if applicable). The Act states that contractual personnel who are permitted access to school grounds when students are present or who have direct contact with students must meet Level 2 requirements as described in Sections 1012.32, 1012.465 and 1012.467 Florida Statutes and any other applicable Section(s). In 2013, the Florida Legislature amended Section 1012.467 F.S. to create a requirement for a uniform, statewide identification badge to be worn at all times by non-instructional Contractors when on school grounds. The cost of the badge may not exceed ten dollars ($10.00) per badge, per employee. After the implementation of the initial badge, Contractors shall replace the badges concurrently with the re- fingerprinting of employees. The associated cost of the uniform, statewide badge shall be the responsibility of the Contractor. The Contractor shall report any arrest for a disqualifying offense within forty-eight (48) hours of the arrest. Failure of the Contractor / Contractor’s employee to report an arrest for any disqualifying offense within 48 hours is a felony of the third degree punishable as provided in Section 775.082 or Section 775.083 F. S 21.5 Other Legal Requirements. All the personnel assigned by the Contractor and any subcontractor shall be authorized under state and local laws to perform such Services, whether by appropriate license, registration, certification, or other authorization. 21.6 Representations and Warranties. 21.6.1 The Contractor warrants that it is a duly formed business entity duly organized and existing in good standing under the laws of the State of its formation and is entitled and shall remain licensed to carry on its business as required for its performance pursuant to the Contract in the State of Florida. The Contractor agrees that it will comply with all rules and regulations of governmental bodies governing its performance under this RFP and the resulting Contract whether or not such specified in the Contract and Exhibits. The Contractor further warrants that the execution and delivery of the Contract and the terms and conditions herein have been duly authorized by proper corporate and/or partnership action (as the case may be). 21.6.2 The Contractor shall comply with all applicable federal, State, and local laws, ordinances, rules, and regulations pertaining to the performance of the Services and all matters pertaining to the Contract, as the same exist and as they may be amended from time to time. 21.6.3 Each Party agrees to continue performing its obligations under the Contract while any dispute is being resolved (except to the extent the issue in dispute precludes performance); provided, however, that any dispute over payment shall not be deemed to preclude performance. 21.6.4 Each Party agrees that, in its respective dealings with the other Party under or in connection with the Contract, it shall act in good faith. 21.6.5 Contractor shall not use the District’s name, logo, or other likeness in any public event, press release, marketing materials or other public announcement without receiving the District’s prior written approval. Contractor shall not host or stage events at District locations without receiving prior approval by the District contract administrator. 21 RFP N0. 03-23/LM, Inspection and Maintenance of Fire Sprinklers Systems, Fire Pumps and Back Flow Preventers 21.7 Miscellaneous. The Contract to be awarded pursuant to this RFP shall be further governed by the following: 21.7.1 This RFP and any Contract resulting therefrom shall be interpreted and enforced in accordance with the laws of Florida and it shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns. Venue for any action arising out of the Contract shall lie exclusively in the jurisdictional courts in and for Duval County, Florida. 21.7.2 The Contract shall not be construed more strongly against any party regardless of who was more responsible for its preparation. 21.7.3 Except for the provisions requiring Contractor to pay the District’s reasonable attorneys’ fees and costs for any matter arising under Section 17 of the RFP (which shall control), in the event of any other conflict arising from the Contract, each party shall pay its own attorneys’ fees and costs. 21.7.4 In the event any provision specified herein is held or determined by a court of competent jurisdiction to be illegal, void or in contravention of any applicable law, the remainder of the Contract shall remain in full force and effect. 21.7.5 Nothing herein shall be deemed that the District alters, limits, waives, or expands the provisions and limitations of section 768.28, Florida Statutes. Except as otherwise provided by Florida Law, neither the execution of the Contract by the District nor any other conduct, action or inaction of any District representative relating to the Contract is a waiver of sovereign immunity by the District. 21.7.6 The Contract may not be amended or supplemented in any way except in writing, dated and signed by authorized