Contract Labor - Kitchen Equipment

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 February 3, 2022 Aptitude Associates, Inc. Quantum Mechanical, LLC Shifting Gears, LLC Tech X Services, LLC RE: ITB-015-19/LM, Contract Labor-Kitchen Equipment The Superintendent of Duval County Public Schools renewed the contract for Contract Labor-Kitchen Equipment ITB-015-19/LM. This is the third and final renewal for the period of January 1, 2022 through December 31, 2022. Purchase orders will be issued for these items as needed during the bid period. If you have any questions regarding this bid, please contact Louis Mitchum at (904) 858-4859. Please forward an updated copy of your insurance certificate as required per Special Condition # 33.

Both email and fax are acceptable. Thank you for your interest in Duval County Public Schools. Terrence Wright, Director Duval County Public Schools cc Master Bid File eile re http://www.duvalschools.org/ SECOND RENEWAL TO CONTRACT LABOR AGREEMENT BElWEEN THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA, AND APTITUDE ASSOCIATES, INC. This Second Renewal to Contract Labor Agreement (the uAmendmenr) is dated effective January 1, 2021 (the "Effective Date"), and is by and betw~en The Sc~ool ~oard of Duval Countx, Florida (the "District"), and Aptitude Associates, Inc., a Flonda corporation ( Contractor"). 1 This Amendment pertains to that certain Contract Labor Agreement between the parties effective April 9, 2019, awarded pursuant to ITB-015-19/LM (Contract Labor-Kitche~ Equipment), as renewed by that certain First Renewal to Contract Labor Agreement dated effective January 1, 2020 (collectively, the "Agreemenr). 2 The effective date of this Amendment is January 1, 2021. The capitalized terms used herein shall have the same definitions set forth in the Agreement, unless specifically otherwise indicated in this Amendment. 3. The District and Contractor agree that the term of the Agreement, which pursuant to ITB- 015-19/LM is scheduled to end on December 31, 2020, is hereby extended for the second of potentially three annual renewals through December 31, 2021, with such extension to be upon and subject to all of the terms, provisions, and conditions of the Agreement except as modified in this Amendment. 4. In connection with this Amendment, the Contractor has executed and delivered the federal forms attached as Exhibit A and incorporated herein by this reference. 5. The District and Contractor represent and warrant to each other that each party has full right and authority to execute and perform its obligations under the Agreement as modified by this Amendment, and each party and the person(s) signing this Amendment on each party's behalf represent and warrant to the other party that such person(s) are duly authorized to execute this Amendment on the respective party's behalf without further consent or approval by anyone. 6. This Amendment is the entire agreement of the parties regarding modifications of the Agreement provided herein, supersedes all prior agreements and understandings regarding such subject matter, may be modified only by a writing executed by the party against whom the modification is sought to be enforced, and shall bind and benefit the parties and their respective successors, legal representatives and assigns. The Agreement is ratified and confinned in full force and effect in accordance with its terms, as amended hereby. In the event of any conflict between the Agreement and this Amendment, the provisions of this Amendment shall control. 7. The parties agree_ th~t this A~endment may be signed via counterpart and facsimile signature, the co~~terparts and facs1m1les of which, when taken together, shall be deemed to constitute an entire and ongmal Amendment. IN. WITNESS WHEREOF, the parties hereto have executed this Amendment the day and year first wntten above. :ltudoA:z~ Sonmuawina C.Aazia, President _ . [Signatures continued next page] 1 [Signature Page to Second Renewal to Contract Labor Agreement between The School Board of Duval County, Florida, and Aptitude Associates, Inc.] or. Diana Gree , Superintendent of Schools and Ex-Officio Secretary to the Board By:[Siqnature not required per aqendal Elizabeth Andersen, Chairman 2 Formjproved: 'ii By: A.LAik YlA ~ ~ Office of General Counsel Approved by Board: April 8, 2019 EXHIBIT A FEDERAL REGULATORY COMPLIANCE STATEMENT The purpose of this document Is to assure compliance by the Contractor ( defined as any Individual or company who agrees to provide materials or services at a specified price) to those certain clau~s. provisions and requirements as described 'by applicable Federal Regulations, which apply to any resulting agreement between The School Board of Duval County, Florida (the District") and the _ Contractor. By signature, the individual executing this statement attests that he/she possesses authority to obligate the contracting firm and agrees to comply with all clauses, provisions and requirements as described below throughout the term of the agreement. 1. The Contractor agrees to allow reasonable access by the District, the Federal granting agency, the Comptroller General of the United States or any of their duly authorized representatives to the Contractor's books, documents, papers and records which are directly pertinent to the contract for the purpose of making audit, examination, excerpts and transcriptions. 2. The Contractor agrees to maintain all records related to this agreement for a period of three years after the final payment for the agreement and after all other matters are closed. 3. The Contractor affirms that it is an equal opportunity and affirmative action employer 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; 12073; the Rehabilitation Ad. of 1973, as amended; the Vietnam Era Veterans Readjusbnent Assistance Act of 1975; ClvU Rights Act of 1964; Equal Pay Act of 1963; Age Discrimination Act of 1967; Immigration Refonn and Control Act of 1986; Public Law 95-507; the Americans with Disabilitles Act; 41 CFR Part 60 and any additions or amendments thereto. 4. The Co~ctor agrees to a provision for non-appropriations, whereby the contract will tenninate If sufficient funds are not appropriated In any given fiscal year to allow the District to sustain the .cost 0fappllcable).- 5. The Contractor agrees to properly complete and submit to the District a Federal debarment certification form for each renewal year of the Contract, if renewals apply. 6. The Contractor agrees to properly complete and submit to the District a non-collusion affidavit. 7. The Contractor agrees to properly complete and submit to the District a Federal Drug Free Workplace Certification form. 8. The Contractor agrees the District may terminate the contract at any time for any reason. If terminated for cause, the Contractor agrees the District may seek remedies for damages, If applicable. . 9. The Contractor agrees to comply with all applicable environmental standards, orders or requirements. . . Contractor: Aptitude Associates. Inc" a Florida corporation . . PRINT NAME OF AUTHORIZED REPRESENTATIVE: Sonmuawlna C. Anazia ,;/I . . . s1~NATURE OF AUTHORIZED REPRESENTATIVE: 3 .. . . . -. : . . ... . . ; . ' . .. .. . . .. . : - . . : , . . ...... . . . -: . ~ . . . . . . . . :, ,. . _ . .. r. . : , J ,. .. .. :- . . DRUG FREE WORKPLACE CERTIFICATION I hereby swear or affinn that this company has established a drug-free workplace progra b completing the following requirements: m Y 1) 2) 3) 4) 5) 6) Published a statement notifying employees that the unlawful manufacture distribution dispensin~, _possessio~ or use of a controlled substance is prohibited in the workpla~ and specifying the actions that will be taken against employees for violations of such prohibition. Informed employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. Given each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1 ). In the statement specified in subsection (1 ), notified the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Imposed a sanction on, or required the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. I understand that false certification of a drug-free workplace is a violation of Florida Statutes 287.087. cor111acro~RE/OATE Sonmuawina C. Anazia, President NAMEfflTLE Name of Company: Aptitude Associates, Inc., a Florida corporation . . . CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. 1. The Contractor ( or Subcontractor) certifies to the best of its knowledge and belief that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal Department or Agency from doing business with the Federal Government. B. Have not within a three-year period preceding this contract have been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1.B. above of this certification .. D. Have not within a three-year period preceding this contract had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the Contractor is unable to certify to any of the statements above in this certification, such Contractor shall attach an explanation to this certification. Sonmuawina C. Anazia, President NAMEfflTLE of AUTHORIZED REPRESENTATIVE Name of Company: Aptitude Associates, Inc., a Florida corporation , ... . . . . . .... INSTRUCTIONS FOR COMPLETION OF NON-COLLUSION AFFIDAVIT 1. This Non-Collusion Affidavit is material to any contract awarded utilizing federal funds. 2. This Non-Collusion Affidavit shall be executed by the member, officer, or employee of the offering firm who makes the final decision on prices and the amount(s) quoted in the proposal. 3. Proposal rigging and other efforts to restrain competition and the making of false sworn statements in connection with the submission of offers are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit shall examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the respondent with responsibilities for the preparation, approval or submission of the offer. 4 . In the case of an offer submitted by a joint venture, each party to the venture must be identified in the proposal documents, and an Affidavit must be submitted separately on behalf of each party. 5. The term "complementary offer" as used in the Affidavit has the meaning commonly associated with that term in the solicitation process, and includes the knowing submission of offers higher than the offer of another firm, an intentionally high or noncompetitive offer, and any other form of an offer submitted for the purpose of giving a false appearance ofcompetition. 6. Failure to file a completed Affidavit in compliance with these instructions will result in disqualification of the offer. NON-COLLUSION AFFIDAVIT STATE OF FLORIDA , COUNTY OF DUVAL 1 st ate_ th at I am the ~resident of Aptitude Associates, Inc., a Florida corporation and I am a~~onzed to ex~cut7 this affidavit on behalf of my firm, its owners, directors, and offic~rs. I am the ~epr~;e~~:~f~~~~~/;.;i:ff=~~ for the price(s), guarantees and the total financial commitment I hereby attest that: {1) (2) (3) (4) The pric~(s) and amo~nt(~) in the offer have been arrived at independently and without consultation, commurncat1on or agreement with any other contractor respondent or potential respondent. ' Neithe~ the price(s) nor the amount(s) of the offer, and neither the approximate price(s) nor approximate amount(s) of the offer, have been disclosed to any other firm or person who is a respondent or potential respondent, nor were they disclosed prior to opening of offers. The offer from my firm is made in good faith and no attempt has been made to induce any firm or person to refrain from submitting an offer, or to submit an offer higher than our offer, or to submit any intentionally high or noncompetitive offer or other form of complementary offer. Aptitude Associates, Inc . its affiliates, subsidiaries, officers, directors, employees are not currently under investigation by any governmental agency and have not In the last three years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding, proposing or offering on any public contract, except as follows: I attest that Aptitude Associates, Inc., understan?s and ~cknowledges that the above re resentations are material and important, and will be relied on by The School Board of otval County Florida in awarding the contract for which this offer is submitted. I understand d y firm ~ndersta~ds that any misstatement in this affidavit is and shall be treated as f~ud~lent concealment from The School Board of Duval County, Florida, of the true facts r~latlng to submission of offers for this contract. (Signature# SECOND RENEWAL TO CONTRACT LABOR AGREEMENT BETWEEN THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA, AND QUANTUM MECHANICAL, LLC This Second Renewal to Contract Labor Agreement (the "Amendment") is dated effective January 1, 2021 (the "Effective Date"), and is by and between The School Board of Duval County, Florida (the "District"), and Quantum Mechanical, LLC, a Florida limited liability company ("Contractor"). 1. This Amendment pertains to that certain Contract Labor Agreement between the parties effective April 9, 2019, awarded pursuant to ITB-015-19/LM (Contract Labor-Kitchen Equipment), as renewed by that certain First Renewal to Contract Labor Agreement dated effective January 1, 2020 (collectively, the "Agreement"). 2. The effective date of this Amendment is January 1, 2021. The capitalized terms used herein shall have the same definitions set forth in the Agreement, unless specifically otherwise indicated in this Amendment. 3. The District and Contractor agree that the term of the Agreement, which pursuant to ITB- 015-19/LM is scheduled to end on December 31, 2020, is hereby extended for the second of potentially three annual renewals through December 31, 2021, with such extension to be upon and subject to all of the terms, provisions, and conditions of the Agreement except as modified in this Amendment. 4. In connection with this Amendment, the Contractor has executed and delivered the federal forms attached as Exhibit A and incorporated herein by this reference. 5. The District and Contractor represent and warrant to each other that each party has full right and authority to execute and perform its obligations under the Agreement as modified by this Amendment, and each party and the person(s) signing this Amendment on each party's behalf represent and warrant to the other party that such person(s) are duly authorized to execute this Amendment on the respective party's behalf without further consent or approval by anyone. 6. This Amendment is the entire agreement of the parties regarding modifications of the Agreement provided herein, supersedes all prior agreements and understandings regarding such subject matter, may be modified only by a writing executed by the party against whom the modification is sought to be enforced, and shall bind and benefit the parties and their respective successors, legal representatives and assigns. The Agreement is ratified and confirmed in full force and effect in accordance with its terms, as amended hereby. In the event of any conflict between the Agreement and this Amendment, the provisions of this Amendment shall control. 7. The parties agree that this Amendment may be signed via counterpart and facsimile signature, the counterparts and facsimiles of which, when taken together, shall be deemed to constitute an entire and original Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day and year first written above. [Signature Page to Second Renewal to Contract Labor Agreement between The School Board of Duval County, Florida, and Quantum Mechanical, LLCJ THE SCHOOL BOARD O DUVAL ~rRIDA 8:,1 / ' . Dr.-Gigfja Gre QP, Superintendent of Schools and Ex-Officio Secretary to the Board By:[Signature not required per agendal Elizabeth Andersen, Chairman Foriproved ~ By: 1 ~ A ., f1A, fficeotGeneral Counsel Approved by Board: April 8, 2019 2 EXHIBIT A FEDERAL REGULATORY COMPLIANCE ST A TEMENT The purpose of this document is to assure compliance by the Contractor (defined as any individual or company who agrees to provide materials or services at a specified price) to those certain clauses, provisions and requirements as described by applicable Federal Regulations, which apply to any resulting agreement between The School Board of Duval County, Florida (the "District") and the Contractor. By signature, the individual executing this statement attests that he/she possesses authority to obligate the contracting firm and agrees to comply with all clauses, provisions and requirements as described below throughout the term of the agreement. ----------------------------------------------------------------------------------------------------------- 1. The Contractor agrees to allow reasonable access by the District, the Federal granting agency, the Comptroller General of the United States or any of their duly authorized representatives to the Contractor's books, documents, papers and records which are directly pertinent to the contract for the purpose of making audit, examination, excerpts and transcriptions. 2. The Contractor agrees to maintain all records related to this agreement for a period of three years after the final payment for the agreement and after all other matters are closed. 3. The Contractor affirms that it is an equal opportunity and affirmative action employer 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; 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. 4. The Contractor agrees to a provision for non-appropriations, whereby the contract will terminate if sufficient funds are not appropriated in any given fiscal year to allow the District to sustain the cost (if applicable). 5. The Contractor agrees to properly complete and submit to the District a Federal debarment certification form for each renewal year of the Contract, if renewals apply. 6. The Contractor agrees to properly complete and submit to the District a non-collusion affidavit. 7. The Contractor agrees to properly complete and submit to the District a Federal Drug Free Workplace Certification form. 8. The Contractor agrees the District may terminate the contract at any time for any reason. If terminated for cause, the Contractor agrees the District may seek remedies for damages, if applicable. 9. The Contractor agrees to comply with all applicable environmental standards, orders or requirements. Contractor: Quantum Mechanical. LLC, a Florida limited liability company PRINT NAME OF AUTHORIZED REPRESENTATIVE: Patrick N. Gordon SIGNATURE OF AUTHORIZED REPRESENTATIVE: TITLE: Managing Member 3 DRUG FREE WORKPLACE CERTIFICATION I hereby swear or affirm that this company has established a drug-free workplace program by completing the following requirements: 1) Published a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Informed employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Given each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1 ). 4) In the statement specified in subsection (1), notified the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Imposed a sanction on, or required the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. I understand that false certification of a drug-free workplace is a violation of Florida Statutes 287.087, ,---- Patrick N. Gordon, Managing Member NAME/TITLE Name of Company: Quantum Mechanical, LLC, a Florida limited liability company 4 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. 1. The Contractor ( or Subcontractor) certifies to the best of its knowledge and belief that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal Department or Agency from doing business with the Federal Government. B. Have not within a three-year period preceding this contract have been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1.8 . above of this certification. D. Have not within a three-year period preceding this contract had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the Contractor is unable to certify to any of the statements above in this certification, such Contractor shall attach an explan ification. Patrick N. Gordon, Managing Member NAME/1I1 LE of AUTHORIZED REPRESENTATIVE Name of Company: Quantum Mechanical, LLC, a Florida limited liability company 5