Asbestos Environmental Services Consultant Continuing Contract

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 May 15, 2023 Lang Environmental, Inc. David Blankenship 6418 Bader Drive Tampa, FL 33610 RE: RFQ No. 18-21/TW, ASBESTOS ABATEMENT AND ENVIRONMENTAL SERVICES CONTINUING CONTRACT The Superintendent of Duval County Public Schools renewed the contract for ASBESTOS ABATEMENT AND ENVIRONMENTAL SERVICES CONTINUING CONTRACT, RFQ No. 18-21/TW This is the second renewal for the period of May 6, 2023 through May 5, 2024. If you have any questions about this renewal, please contact Terrence Wright at (904) 858-4859. We look forward to a continued successful partnership. Terrence Wright, Director Duval County Public Schools cc Anita Locke Louis Mitchum Master

Bid File http://www.duvalschools.org/ SECOND RENEWAL FOR ASBESTOS ABATEMENT AND ENVIRONMENTAL ,SERVICES ON A CONTINUING CONTRACT BETWEEN THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA, AND LANG ENVIRONMENTAL, INC. This Second Renewal for Asbestos Abatement and Environmental Services (the "Amendment") is made effective May 9, 2023, by and between the School Board of Duval County, Florida, a school system in the State of Florida (the "OWNER"), and Lang Environmental, Inc. (the "CONSULTANT") for continuing annual contract services in accordance withs. 287.055, Florida Statutes. 1. Background. This Amendment pertains to the parties' agreement for Asbestos Abatement and Environmental Services, dated May 4, 2021 (the "Agreement"), arising from RFQ No. 18-21ffW. The Amendment hereby consists of and does not deviate from the Agreement effective May 9, 2019, except as stated below. 2. Effective Date. The effective date of this Amendment is May 5, 2023. 3. Definitions. The capitalized terms used herein shall have the same definitions set forth in the Agreement, unless specifically otherwise indicated in this Amendment. 4. Renewal Term. The OWNER and CONSUL TANT hereby agree that the term of the Agreement, which is scheduled to end on May 5, 2023, is hereby extended for a second renewal commencing immediately upon the expiration of the existing term and ending on May 5, 2024, with such renewal term to be upon and subject to all terms, provisions and conditions of the Agreement except as modified in this Amendment. 5. Authority. The OWNER and CONSUL TANT 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. Miscellaneous. 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. Counterpart and Facsimile Signatures. This Amendment may be executed in one or more counterparts, each of which will be deemed an original, but all such counterparts will together constitute but one and the same instrument. [Signatures Continued on Next Page] [Signature Page to Fourth Renewal for Architect-Engineer Structural Engineering SeNices between The School Board of Duval County, Florida, and Lang Environmental, Inc., Dated Effective May 5, 2023] IN WITNESS WHEREOF, the OWNER and the CONSULTANT have each caused this Amendment to be signed and delivered by its duly authorized officer, all as of the effective date set forth above. LANG ENVIRONMENTAL, INC., ~~~~tt,.q.,wJ Title: ~i4ni THE SCHOOL BOARD OF DUVAL COUNTY, FLORID Dr. D1 a Gre , Superintendent of Schools and Ex-Officio Secretary to the Board By:.-'-.-r.';lf;;;'if./l'J:h.~t~::-::=.-- ral Counsel By:£Signature not required per agenda lteml Darryl Willie, Chairman Approved by Board: May 7, 2019 2\Page 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 April 14, 2022 Lang Environmental, Inc. David Blankenship 6418 Bader Drive Tampa, FL 33610 RE: RFQ No. 18-21/TW, ASBESTOS ABATEMENT AND ENVIRONMENTAL SERVICES CONTINUING CONTRACT The Superintendent of Duval County Public Schools renewed the contract for ASBESTOS ABATEMENT AND ENVIRONMENTAL SERVICES CONTINUING CONTRACT, RFQ No. 18-21/TW This is the first renewal for the period of May 5, 2022 through May 4, 2023. If you have any questions about this renewal, please contact Terrence Wright at (904) 858-4859. We look forward to a continued successful partnership. Terrence Wright, Director Duval County Public Schools cc Anita Locke Louis Mitchum Master Bid File http://www.duvalschools.org/ FIRST RENEWAL FOR ASBESTOS ABATEMENT And ENVIRONMENTAL SERVICES ON A CONTINUING CONTRACT BETWEEN THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA, AND LANG ENVIRONMENTAL, INC. This First Renewal for Asbestos Environmental Consulting Services (the "Amendment") is made effective May 5, 2022, by and between the School Board of Duval County, Florida, a school system in the State of Florida (the "OWNER"), and Lang Environmental, Inc., a Florida corporation, 6418 Badger Drive, Tampa, FL 33610-2004, Federal I.D. No. 59-2802012 (the "CONSULTANT") for continuing annual contract services in accordance withs. 287.055, Florida Statutes. 1. Background. This Amendment pertains to certain Services between the parties commencing from the OWNER issued RFQ No. 18-21ffW dated January 08, 2021 (the RFQ) relating to the OWNER'S solicitation of Asbestos Abatement and Environmental Services Continuing Contract (hereinafter incorporated by reference of the RFQ), the CONSULTANT'S submitted proposal dated January 27, 2021, and the Agreement dated effective May 4, 2021 (collectively, hereinafter Incorporated by reference as the Agreement). The Agreement hereby consists of and does not deviate.from the Agreement effective May 4, 2021, except as stated below. 2. Effective Date. The effective date of this Amendment is May 5, 2022. 3. Definitions. The capltallzed terms used herein shall have the same definitions set forth in the Agreement, unless specifically otherwise indicated in this Amendment. 4. Renewal Term. The OWNER and CONSUL TANT hereby agree that the term of the Agreement, which is scheduled in the Agreement to end on May 4, 2022, is hereby extended for a first renewal commencing immediately upoli the expiration of the existing term and ending on May 5, 2023, with such renewal term to be upon and subject to all terms, provisions, and conditions of the Agreement except as modified in this Amendment. 5. Authority. The OWNER and CONSULTANT 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. Miscellaneous. 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 b!3 modified orily 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. Counterpart and Facsimile Signatures. This Amendment may be executed in one or more counterparts, each of which will be deemed an original, but all such counterparts will together constitute but one and the same instrument. [Signatures Continued on Next Page] [Signature Page to First Renewal to Asbestos Abatement and Environmental Services between The School Board of Duval County, Florida, and Lang Environmental, Inc., Inc., a Florida corporation, Dated Effective May 5, 2022] IN WITNESS WHEREOF, the OWNER and the CONSULTANT have each caused this Amendment to be signed and delivered by Its duly authorized officer, all as of the effective date set forth above. LAND ENVIRONMENTAL, Inc. , a Florida corporation ~~:m~b~OW4+ Title: fl=i/.,t.q THE SCHOO /OUN= Y, FL Superintendent of Schools and Ex-Officio Secretary to the Board By: [Signature not required per agenda iteml Darryl Willie, Chairman :~ Office of General Counsel Approved by Board : May 4, 2021 21Page May 4, 2021, Regular Board Meeting Title 26. ASBESTOS ABATEMENT AND ENVIRONMENTAL SERVICES ON A CONTINUING CONTRACT BASIS/DCSB PROJECT NO. M-83700/RFQ NO. 18-21/TW Recommendation That the Duval County School Board approve the selection of Lang Environmental, Inc. to provide Asbestos Abatement and Environmental Services on a Continuing Contract Basis. This will be a multiple award contract for an initial period of one year with an option to renew for four additional one-year periods. That the Duval County School Board authorize the Chairman, the Vice Chairman and the Superintendent to execute the agreement upon form approval by the Office of General Counsel. That the authority be delegated to the Superintendent to renew the contract for subsequent years provided terms and conditions are favorable to the district and subject to the availability of funds. Description The Facilities staff evaluated bids on February 16, 2021. The firm was selected in accordance with the District's procurement procedures for professional services as authorized by Board Policy 7.78. The firm selected will be responsible for asbestos abatement and other environmental abatement contract services for various projects assigned. The proposals and bids have been reviewed by the Office of Economic Opportunity and found to be in compliance with the Duval County School Board Minority Business Enterprise requirements. Gap Analysis The district has a continuing need for asbestos abatement and other environmental remediation services. The use of a continuing contract enables the district to complete abatement without a formal bidding process for each individual project that would otherwise be required. Previous Outcomes The district has previously used a Continuing Contract to provide the required asbestos abatement and environmental remediation services. Expected Outcomes Contract award for Asbestos Abatement and Environmental Services on a Continuing Contract basis. Strategic Plan Goals and Principles DCPS will be fiscally transparent and communicate quarterly regarding the Sales Surtax. Financial Impact Contract does not require obligation of district funds. Services to be provided will be funded by specific projects with funding on an as-needed basis. Estimated annual costs for this work is $75,000. Contact Byron Page, Executive Director, Facilities, Engineering, Design & Const., 904-390-2498 Paul Soares, Assistant Superintendent, Operations, 904-390-2008 Attachments 1. Asbestos Abatement and Environmental Services Continuing Contract - Recommendation for Award 2. Asbestos Abatement Page 1 of 22 Asbestos Abatement and Environmental Services Continuing Contract, RFQ 18-21/TW REQUEST FOR QUALIFICATIONS (RFQ) RFQ NO. 18-21/TW Asbestos Abatement and Environmental Services Continuing Contract RFQ Release Date: January 8, 2021 Deadline for Written Questions: January 21, 2021, 4:00 p.m. (EDT) Proposals Opened: February 4, 2021, 2:00 p.m. (EDT) Committee Evaluation: February 16, 2021 Presentations: March 1, 2021 (if necessary) Board Award: April 2021 DUVAL COUNTY PUBLIC SCHOOLS Purchasing Services Department 1701 Prudential Drive Jacksonville, Florida 32207 http://www.duvalschools.org/dcps Page 2 of 22 Asbestos Abatement and Environmental Services Continuing Contract, RFQ 18-21/TW ATTACHMENT A Duval County Public Schools www.duvalschools.org 1701 Prudential Drive PHONE: (904) 390-2000 Jacksonville, FL 32207-3235 TDD: (904) 390-2898 Purchasing Services PH: (904) 858-4848 1701 Prudential Drive FAX: (904 858-4868 Jacksonville, FL 32207-3235 Request for Qualifications (RFQ) Required Response Form ASBESTOS ABATEMENT AND ENVIRONMENTAL SERVICES CONTINUING CONTRACT RFQ No. 18-21/TW This response must be submitted to Duval County Public Schools, Purchasing Services, 1701 Prudential Drive, Jacksonville, FL 32207, no later than 2:00 p.m. EDT on February 4, 2021 and plainly marked RFQ No. 18-21/TW. Responses are due and will be opened at this time. Responses received after 2:00 p.m. EDT 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 Proposal, 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 manual signature is required. http://www.duvalschools.org/dcps http://www.duvalschools.or/#g Page 3 of 22 Asbestos Abatement and Environmental Services Continuing Contract, RFQ 18-21/TW In addition to the information requested within this RFQ, the following items are to be returned as part of the proposal: 1. Required Response Form – Attachment A: Page 2 of 22 (signature required) 2. Professional Licenses and Certifications 3. Corporate Charter Registration 4. MapQuest or other visual map – See Section 5.0 (F) 5. Attachment B – Past Performance 6. Attachment F - Office of Economic Opportunity Forms 1, 2, & 2A 7. Attachment H – Experience and Ability Note: In accordance with section 4.4, please submit proposal as follows: 1. One (1) manually signed original 2. Two (2) photocopies of original 3. Five (5) USB Flash Drives in .pdf format Proposals to be delivered to: Purchasing Services, Suite 322 1701 Prudential Drive Jacksonville, Florida 32207 Page 4 of 22 Asbestos Abatement and Environmental Services Continuing Contract, RFQ 18-21/TW DUVAL COUNTY PUBLIC SCHOOLS RFQ: ASBESTOS ABATEMENT AND ENVIRONMENTAL SERVICES CONTINUING CONTRACT RFQ No. 18-21/TW INDEX 1.0 GENERAL INFORMATION 2.0 SCOPE OF SERVICES 3.0 EX PARTE COMMUNICATION 4.0 PREPARATION AND SUBMISSION REQUIREMENTS 5.0 PROPOSAL SUBMISSION AND SUBMISSION REQUIREMENTS 6.0 PROPOSAL EVALUATION PROCESS 7.0 OFFICE OF ECONOMIC OPPORTUNITY 8.0 DISTRICT’S RIGHTS AND RESERVATIONS 9.0 DISPUTE 10.0 LEGAL REQUIREMENTS Page 5 of 22 Asbestos Abatement and Environmental Services Continuing Contract, RFQ 18-21/TW ATTACHMENTS Attachment A – REQUIRED RESPONSE FORM – PAGE 2 OF 20 Attachment B – PAST PERFORMANCE Attachment C – MEMBER EVALUATION WORKSHEET Attachment D – LOCATION RATING TABLE Attachment E – WORKLOAD RATING TABLE Attachment F – OFFICE OF ECONOMIC OPPORTUNITY FORMS 1, 2A, 4 Attachment G – FEDERAL REGULATORY COMPLIANCE INFORMATION Attachment H – EXPERIENCE AND ABILITY Attachment I – INSURANCE REQUIREMENTS Page 6 of 22 Asbestos Abatement and Environmental Services Continuing Contract, RFQ 18-21/TW DUVAL COUNTY PUBLIC SCHOOLS REQUEST FOR QUALIFICATIONS (RFQ) ASBESTOS ABATEMENT AND ENVIRONMENTAL SERVICES CONTINUING CONTRACT RFQ NO. 18-21/TW 1.0 GENERAL INFORMATION 1.1 Duval County Public Schools (the “District”) is issuing this Request for Qualifications (RFQ) to interested firms for the purpose of selecting a qualified provider(s) for asbestos abatement and environmental services. 1.2 The selected Asbestos Abatement and Environmental firm will be required to execute a standard form contract as adopted by the District, for use with this contract for services. 1.3 Prior to contract award, the successful Respondent(s) shall provide proof of insurance acceptable to the District for General Liability, Automobile Liability, Worker’s Compensation and Employer’s Liability and applicable Professional Liability for the scope of services contemplated by this solicitation. (See Attachment I for Insurance Requirements) 1.4 The Asbestos Abatement and Environmental Firm submitting is requested to propose a core team (depending on project requirements) composed of asbestos abatement and environmental services. This core team will be the basis for Office of Economic Opportunity (OEO) and other scoring requirements. Additional disciplines such, unless specifically identified in the RFQ, should not be proposed at this time, and will be negotiated on an as-needed basis as additional services. 1.5 Continuing contract will provide for professional services in specific disciplines on a continuing basis, as needed for one (1) year, renewable yearly for up to four (4) years. 1.6 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 District school officials in accordance with Florida Statutes. The School Board consists of seven elected officials responsible for the adoption of policies, which govern the operation of District public schools. 1.7 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. 1.8 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 Attachment G: (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. 2.0 SCOPE OF SERVICES Page 7 of 22 Asbestos Abatement and Environmental Services Continuing Contract, RFQ 18-21/TW 2.1 A. To provide specialized skills for abatement services to include: 1. Asbestos Abatement 2. Mold Abatement 3. Lead-Based Paint Abatement 4. Work area preparation 5. Proper disposal of hazardous and regulated waste created by abatement work B. The contractor shall provide all necessary and required labor, supervision, materials, test equipment, tools, vehicles, permits and insurance. No rental charges shall be added to the hourly labor rates for specialized equipment necessary to complete the work. C. Travel time and / or vehicle charges for service calls shall be the sole responsibility of the Contractor and the Contractor shall bear this cost as part of his base bid submittal quotations. 2.2 Continuing Contracts: Continuing Contracts are for projects designated by Duval County Public Schools’ Office of Facilities, Engineering, Design and Construction (OFEDC) in which the estimated construction cost of each individual project under the contract does not exceed $4 million, or for study activity if the fee for professional services for each individual study under the contract does not exceed $500,000. 2.3 Term: Continuing contract will provide for professional services in specific disciplines on a continuing basis, as needed, for one-year, renewable yearly for up to four years. 3.0 EX PARTE COMMUNICATION Ex parte communication, whether verbal or written, by any potential Respondent or representative of any potential Respondent of the RFQ with District personnel involved with or related to the RFQ 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 RFQ 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 RFQ (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). 4.0 PREPARATION AND SUBMISSION REQUIREMENTS 4.1 Proposals not conforming to the instructions provided herein will be subject to disqualification at the sole option of the District. 4.2 Proposals must provide information as required in Section 5.0 responding to each item in the order noted. Identify responses with the same paragraph notation and with tabs in the order of data as requested by this RFQ. Representative samples of related work may be submitted in a separate binder. Page 8 of 22 Asbestos Abatement and Environmental Services Continuing Contract, RFQ 18-21/TW 4.3 All proposals must be received no later than 2:00 p.m. (EDT), on February 4, 2021. Official time for the purpose of RFQ opening will be calibrated using http://www.timeanddate.com/worldclock/results.html?query=jacksonville. If a proposal is transmitted by US Mail or other delivery medium, the Proposer(s) will be responsible for its timely delivery to Purchasing Services, 1701 Prudential Drive, Jacksonville, Fl 32207. Any proposal received after the stated time and date or at other location will not be considered. 4.4 One manually signed original, two (2) photocopies of original, and five (5) copies on USB Flash Drive. (5 USB Flash Drives to be submitted) Complete proposal must be sealed and clearly labeled “REQUEST FOR QUALIFICATION: Asbestos Abatement and Environmental Services Continuing Contract” 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 manually 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 lineouts of the original prices with correct amounts typed or 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. 4.5 Potential Proposers shall not contact, by written or verbal communication, any District employee for information regarding this RFQ other than as expressly permitted by this RFQ. Additions, deletions or modifications to information contained in the RFQ 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 RFQ will be binding on the District. Any questions or requests for clarification regarding this RFQ shall be submitted to Terrence Wright, Purchasing Services in writing via e-mail at wrightt@duvalschools.org . The deadline for such questions or requests will be 4:00 p.m., EDT on Thursday, January 21, 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 RFQ for the District’s clarification via issued Addenda, instead of Proposer’s taking exceptions to any terms or conditions of the RFQ within the submitted proposal. 4.6 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 one hundred twenty (120) days, to provide the District ample time to award the Contract for the services specified in the proposal and this RFQ. 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 School Board’s completion of the award process at its duly called meeting the required insurance certificate must be delivered. (see Attachment I of this RFQ). http://www.timeanddate.com/worldclock/results.html?query=jacksonville mailto:wrightt@duvalschools.org Page 9 of 22 Asbestos Abatement and Environmental Services Continuing Contract, RFQ 18-21/TW 5.0 PROPOSAL AND SUBMISSION REQUIREMENTS STANDARD QUALIFYING DATA AND FORMS – Proposals shall be formatted for submission in a uniform and consistent manner. Specific information required is described in detail and must be outlined as detailed in the following paragraphs. The following forms and information are required as qualifying data for a professional selection. Incomplete submittals may not be considered. A. Letter of Interest detailing the firm’s qualifications to meet the reference selection criteria. B. Past Performance: Provide information indicated on Attachment B C. Experience and Ability: Provide information indicated on Attachment H D. Professional Licenses and Certifications: Reproductions of the firm’s and key personnel’s license(s) and certification(s) are required for the services offered and must be in the name of the firm and key personnel offering said services. Firms must be properly registered at the time of application to practice their profession in the State of Florida and with the appropriate State Board governing the services offered. A verification of the current status with the appropriate State Board may be made before the recommendation and approval of a firm’s selection is finalized. E. Corporate Charter Registration: If the firm offering services is a corporation, it must be properly chartered with the Department of State to operate in Florida and provide a copy of the firm’s current Florida Corporate Charter. F. Location: The proximity (highway distance) of the applicant (applicants with multiple offices shall list the office where the production work will be performed) in relation to the project will be rated. Required information shall include location of Corporate Headquarters, location where the majority of the work will be performed, and any work plan or information needed to describe how work may be accomplished and coordinated at another location, including type and percentage of work. Include Map Quest or other appropriate visual map from Office to Duval County Public Schools, 1701 Prudential Drive, Jacksonville, Florida 32207. G. Office of Economic Opportunity Participation: Submit OEO Form 1, Form 2A and a letter outlining your OEO participation plan with your proposal indicating your plan of compliance with the OEO Program using the appropriate OEO Forms included in Attachment F. 6.0 PROPOSAL EVALUATION PROCESS: The Evaluation Committee will convene, review and evaluate all proposals submitted based on the following factors: Max Points – 60 Total Points, Attachment C a) Location: The location of the applicant’s home office, office where the majority of work will be performed, and any mitigation plans to accommodate effective performance of the contract requirements will be rated as outlined in Attachment D. A grading range of 1-10 is used. (to be determined by formula) b) Past Performance: The past performance in the required field of each applicant will be evaluated / rated based on criteria provided on Attachment B. In addition to the information required by Attachment B, the following information needs to be submitted as part of this section: (1) Letters of recommendation from completed contracts of similar work for review of past performance (2) Past examples of continuing service contracts with successful renewals Page 10 of 22 Asbestos Abatement and Environmental Services Continuing Contract, RFQ 18-21/TW A grading range of 1-15 is used. c) Experience and Ability: The relative experience of all professionals proposed for use on the team in the planning, design and administration of the project, the abilities and qualifications of the applicant and proposed staff as related to the project’s specific requirements and their ability to accomplish the project, and the past 10 years experience of projects with similar size and scope will be considered. The relative experience and qualification of each applicant’s proposed team and similar project experience, with respect to the project scope, will be evaluated and a relative rating assigned. A grading range of 1-25 is used. d) Current Workload: 100 percent of the construction costs for current construction work then divide that sum by the number of key personnel on the staff (data will be used from 4a of Attachment B). When considering firms with more than one office, only consider the office where the work is to be performed. This rating is based upon a dollar amount per person within a range of 1-5 is used. the Workload Rating Table at Attachment E will be used for point. (to be determined by formula) e) Knowledge of DCPS Sites and Local Conditions: The firms should demonstrate their knowledge of DCPS sites, local codes and ordinances, and local subcontractors and supplies as an indication of their ability to deliver quality workmanship in an effective and timely manner. A grading range of 1-10 is used. f) Office of Economic Opportunity (OEO) Participation: OEO Evaluation Criteria: Firms submitting proposals are eligible for a grading range of 0-5. This category is scored by the Office of Economic Opportunity (OEO) only. DCPS criteria will be used to evaluate each RFQ’s OEO participation, and the Consultant shall clearly delineate in a separate section in the proposal using completed OEO FORMS 1, 2, 2A, and 4 as outlined in Section VII. and Attachment G. Firms submitting proposals shall verify in writing that they will meet or exceed the established OEO goals using DCPS consultants. Certified SBE and M/WBE shall receive five (5) points when submitting as the prime Consultant. Points will be received based on a category-by-category basis, for a possible one (1) point for each category to achieve the established goals under, (i.e., African-American, Hispanic, Asian, and Native American, and Women Business Enterprises, respectively), for a possible three (3) point total. Submitted verification to meet or exceed the established OEO goals using DCPS Consultants for a possible two (2) point total. g) Interview Interviews: Only those Proposers selected by the Committee to provide presentations/interviews will be eligible for points in this category, and the points awarded by the Committee will be in addition to points assigned in all other Evaluation Criteria. Once the Committee prepares a subtotal of the scores for the Evaluation Criteria in subsection 6.0 above, the Committee will determine if presentations/interviews are necessary with the top ranked firms. The Committee will decide, in its sole and absolute discretion, the number of top ranked firms to interview. The Proposers selected for the interviews under this section shall be notified in writing and shall be prepared to make its presentation to the Committee according to the schedule on the front page of this document. Key personnel who will be directly involved in this contract should be present at the interview. The information to be presented in the interview is as follows: Page 11 of 22 Asbestos Abatement and Environmental Services Continuing Contract, RFQ 18-21/TW 1) Understanding of the Program and Project Requirements Grading range is 0-20. The understanding that the applicant and any other team subconsultants demonstrate as to the requirements and needs of the project, including an evaluation of the thoroughness demonstrated in analyzing and investigating the scope of the project and in preparing for the interviews. Information should include at a minimum the following: a) Specific people to be assigned to the project and their responsibilities b) Ability to assist with development of project scopes and determine the most cost-effective solutions c) Ability to perform asbestos abatement and other environmental services d) Familiarity with Regulations and Compliance Requirements e) Ability to perform project services for multiple concurrent projects 2) Approach and Methodology: Grading range is 0-20 How the applicant will approach the project and the methods they will use to plan and administer the project. Information should include at a minimum the following: a) Preparation of schedules to meet deadlines b) Strategy for working on occupied campus c) Quality control program and internal oversight 6.1 Determination of Most Qualified Firms: Based on the rated factors, the Evaluation Committee will total the points and determine the most qualified firm to accomplish the work. The interviewed firms will be ranked in point order. 6.2 Selection Recommendation: Based on the above, the Committee will recommend the one firm most qualified to accomplish the work. Results will be forwarded via a recommendation to the School Board. Final approval of the selection will be by vote of the Duval County School Board. 7.0 OFFICE OF ECONOMIC OPPORTUNITY A. It is an official policy of the Duval County School Board to ensure the equitable participation of Small/Micro Business Enterprises (SBEs) and Minority/Women Business Enterprises (M/WBEs) in its contract awards based upon availability. It is the DCPS’ intent in adopting this program to reflect the philosophy with regard to enhancing participation of Small Business Enterprises and Minority/Women Business Enterprise in all areas of procurement. B. In this regard, the Consultants shall take all necessary and reasonable steps to ensure that their team is diverse and that certified S/MBEs and M/WBEs have an equitable opportunity to compete and perform on this contract in accordance with the established goals. OEO GOALS: 10% S/MBE. Only Small, Micro and/or Minority/Women Business Enterprise firms certified with DCPS can be used towards meeting this goal. Only those SBE firms certified by DCPS are eligible for consideration. Please note that SBEs participating on DCPS projects must be certified as an SBE with the DCPS Office of Economic Opportunity prior to the proposal submission. Page 12 of 22 Asbestos Abatement and Environmental Services Continuing Contract, RFQ 18-21/TW Duval County Public Schools, Office of Economic Opportunity 1701 Prudential Drive, Suite 322 Jacksonville, Florida 32207 904-858-1480 Telephone, (904) 858-4868, Fax www.duvalschools.org/Departments/Office of Economic Opportunity C. All firms interested in this project are hereby notified that failure to fully comply with the DCPS’ OEO policy as set forth herein shall constitute a breach of contract which may result in termination of the contract or such other remedy as deemed appropriate by DCPS. The terms of this document shall survive the awarding of the contract and shall be incorporated in the terms and conditions of the subsequent contract between the parties. D. Provide a Letter of OEO Compliance and specify the following statement to show compliance with the Office of Economic Opportunity Program. (Please include the applicable paragraph.) The proposal provides for the specified participation by certified Small Business Enterprises (SBEs) through: 1. Being a certified SBE submitting as prime. 2. Subcontracting to certified Small/Micro Business Enterprise. Complete the attached OEO Form 1 and OEO Form 2, and 2A. (Attachment F) 3. Joint venturing with certified Small/Micro Business Enterprise. 4. Pre-Award Waiver for Good Faith Efforts. This proposal does not meet the goals established by the RFQ. The OEO Form 4 and the appropriate documentation are included with the proposal. E. The Consultant shall submit a summary of their SBE and W/MBE Participation using the OEO Form 1 (OEO Proposed Schedule of Participation Form) OEO Form 2 (Letter of Intent to Perform As an S/Micro Business Enterprise and /or M/WBE Subcontractor/Proposer, 2A (Office of Economic Opportunity Identification Affidavit) or the OEO Form 4 (Pre-Waiver for Good Faith Effort) with the appropriate documentation. Applicable Forms 1,2,2A, and 4 must be completed and submitted with your proposal. In addition, please note that further OEO forms will be required after the award of the contract. F. Evaluation of OEO Participation: In order to count the S/Micro Business Enterprise and/or M/WBE consultant amount toward the OEO goal, the consultant will submit the OEO Form 1, including second-tiered consultant, S/Micro Business Enterprise, firm name, phone and FAX numbers, scope of work, percentage of work, and the OEO Forms 2 and 2A affidavits certifying they have requested and received Request for Quotations from the SBE firms listed in their proposal documents; DCPS will attempt to confirm the contents of the submission by contacting the SBE firm by phone, facsimile, or certified letter, return receipt requested, within two work- calendar days after the date of Board approval of selection. 1. Consultant may count toward OEO goals only those consultants who are certified and licensed to do the work in the scope of work that a price quote was obtained. 2. Consultant may count first and second tier consultants toward the meeting of the established goals. If the consulting opportunity is second tier, please denote this in the left- hand margin on OEO Form 1. NOTE: Additional information may be requested as it pertains to these opportunities. 3. If a S/Micro Business Enterprise who is certified with DCPS submits a proposal as a Consultant firm, he or she can meet the designated goal. 4. Credit towards the OEO goal allowed for any joint venture with a S/Micro Business Enterprise will be determined by the percentage of ownership and control of the S/Micro Business http://www.duvalschools.org/Departments/Office Page 13 of 22 Asbestos Abatement and Environmental Services Continuing Contract, RFQ 18-21/TW Enterprise participant’s in the joint venture. The eligibility of a S/Micro Business Enterprise joint venture will be determined on a project-by-project basis by the OEO. A joint venture must be certified with DCPS as a S/Micro Business Enterprise joint venture, prior to bid opening, in order for the participation of the S/Micro Business Enterprise partner to be counted toward the OEO goal requirement. The S/Micro Business Enterprise partner’s share in the ownership, control, management responsibilities, risks and profits of the joint venture must be at least 25 percent and the S/Micro Business Enterprise partner must be responsible for the clearly defined portion of the work to be performed. Joint Venture Certification Applications are available upon request from the DCPS Office of Economic Opportunity. Joint Venture Certifications are required for each project the venture plans to participate in with the DCPS. 5. Consultant may not count the participation of any SBE that plans to do or actually does subcontract more than 49% of the work to a non-SBE sub-consulting firm towards achieving the OEO goal. G. Subconsultant Good Faith Efforts: Consultant who fails to meet the established goals set forth above are required to submit a completed OEO Form 4 (Pre-Waiver for Good Faith Efforts). H. Exclusionary Agreements: Agreements between any consultant and a S/Micro Business Enterprise and M/WBE in which the SBE and M/WBE promises not to provide professional services to other Consultant firms. I. Substitutions: If the successful Consultant wants to make a substitution of a S/Micro Business and/or M/WBE consultant or a joint venture, the Consultant must submit satisfactory written proof of “non-compliance” to the Office of Economic Opportunity and to the Executive Director of Facilities Design and Construction. (The term “non-compliance” is defined as fact and circumstances that substantially demonstrate a material breach by the consultant of the contract between it and the successful Consultant or between the first and second tier consultants. J. Reporting: The successful Consultant awarded this contract shall submit a monthly summary of actual S/Micro Business Enterprise and/or M/WBE participation using OEO FORM 5. K. Compliance: The Consultant firm participating in this project is hereby notified that failure to fully comply with DCPS’ OEO policy as set forth herein may constitute a breach of the contract which may result in termination of the contract or other remedy as permitted by law or policy and permitted by Owner. Such sanctions may include but are not limited to the following: Firms/Persons violating the provisions of DCPS policy or who provide erroneous information are subject to: 1. Removal from the S/Micro Business Enterprise and M/WBE Directory. 2. Withholding payment of services until the deficiency is remedied. 3. A negative evaluation for up to two (2) years on future projects. 8.0 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. Page 14 of 22 Asbestos Abatement and Environmental Services Continuing Contract, RFQ 18-21/TW D. The District reserves the right, prior to its Board approval, to cancel the RFQ or portions thereof, without liability to any Proposers or the District. 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 Proposer. If an agreement cannot be reached with the highest rated Proposer, the District reserves the right to discontinue negotiations and to negotiate and recommend award to the next highest ranked Proposer or subsequent Proposer(s) until an agreement is reached. 9.0 DISPUTE A. Any Proposer who is aggrieved in connection with the solicitation or award of a contract may file a protest and shall deliver its written notice of protest to the Chief Officer, Operations Support (formerly known as Associate Superintendent of Business Services), or designee (hereinafter “Hearing Officer”) immediately, but no later than two (2) working days after RFQ opening or after recommendation of award or as set forth in paragraph 9 infra, which will initiate the 48-hour notice requirement. The written protest with documentation shall be delivered to the Hearing Officer no later than 2 p.m. (EDT) on the fourth (4th) calendar day immediately following the RFQ opening or receipt of notice of intent to award recommendation as is appropriate. If that day is a School Board non-workday, the protest shall be delivered no later than 9 a.m. (EDT) on the next District workday. Protests shall be presented with specificity, and every issue shall be fully documented. B. The legal basis for any relief sought must be clearly identified and explained in the written notice of protest. C. The Hearing Officer shall call a meeting and hear all protests and receive all evidence within a reasonable time. This does not preclude the Hearing Officer from calling a special meeting or granting a continuance under extraordinary circumstances. D. All Proposers shall receive notice of any protest hearing and a copy of the protest document. Attachments shall be available upon request. E. The Florida Rules of Civil Procedure may be relaxed at the sole discretion of the Hearing Officer presiding at any protest hearing. F. The Hearing Officer shall issue his/her decision on or before five (5) working days of the completion of the protest hearing. G. The Hearing Officer’s decision shall result in a final order which may include findings and conclusions. The decision of the Hearing Officer shall be final. H. The District does not encourage the use of faxes to accomplish delivery of the notice of protest and the protest itself. Any Proposers utilizing delivery by fax shall assume the risk associated with incomplete delivery or non-receipt. I. Any protest specification objection shall be generally treated as set forth in paragraph 1 supra. The operative date for the notice requirement shall be the date the specifications were obtained by the proposer but no later than 10 days prior to the date of bid opening or proposal due date. Page 15 of 22 Asbestos Abatement and Environmental Services Continuing Contract, RFQ 18-21/TW 10.0 LEGAL REQUIREMENTS 10.1 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 Attachment G: (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. 10.2 The District is committed to a policy of providing equal job opportunities on public contracts and prohibiting discrimination against any employee, applicant, or Subcontractor. Accordingly, 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 Contract on account of a person’s actual or perceived identity with regard to race, color, religion, gender or gender identity, age, marital status, disability, sexual orientation, political or religious beliefs, national or ethnic origin, veteran status, any other protected status under applicable law, or any other distinguishing physical or personality characteristics. Contractor further covenants that no otherwise qualified individual shall, solely by reason of his/her actual or perceived identity with regard to race, color, religion, gender or gender identity, age, marital status, disability, sexual orientation, political or religious beliefs, national or ethnic origin, veteran status, any other protected status under applicable law, or any other distinguishing physical or personality characteristics, be denied the benefits of, or be subjected to discrimination, or be denied access and services, under any provision of the Contract. 10.3 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; 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. 10.4 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 Page 16 of 22 Asbestos Abatement and Environmental Services Continuing Contract, RFQ 18-21/TW 10.5 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. 10.6 Representations and Warranties 10.6.1 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 RFQ 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). 10.6.2 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. 10.6.3 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. 10.6.4 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. 10.6.5 Neither Party shall use the name or marks of the other without its express written permission, which may be withdrawn at any time. 10.7 Miscellaneous. The Contract to be awarded pursuant to this RFQ shall be further governed by the following: 10.7.1 This RFQ 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. 10.7.2 The Contract shall not be construed more strongly against any party regardless of who was more responsible for its preparation. 10.7.3 Except for the provisions requiring Contractor to pay the District’s reasonable attorneys’ fees and costs for any matter arising under Section 10.10 of the RFQ (which shall control), in the event of any other conflict arising from the Contract, each party shall pay its own attorneys’ fees and costs. 10.7.4 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. 10.7.5 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. 10.7.6 The Contract may not be amended or supplemented in any way except in writing, dated and signed by authorized representatives of both parties. Page 17 of 22 Asbestos Abatement and Environmental Services Continuing Contract, RFQ 18-21/TW 10.7.7 The Article and Section headings and the table of contents used herein are for reference and convenience only and shall not enter into the interpretation hereof. 10.7.8 The Contractor is, and shall at all times be, an independent contractor under the Contract and not an agent of the District. Nothing in the Contract nor any actions taken by or arrangements entered into between the Parties in accordance with the provisions of the Contract shall be construed as or deemed to create as to the Parties any partnership or joint venture. Neither Party shall have any authority to bind or commit the other Party contractually or otherwise to any obligations whatsoever to third parties. 10.7.9 The Contract is entered into solely between, and may be enforced only by, the District and the Contractor, and the Contract shall not be deemed to create any rights in third parties, including suppliers and customers of a Party, or employees of either Party, or to create any obligations of a Party to any such third parties. 10.7.10 Except where expressly provided as being in the discretion of a Party, where agreement, approval, acceptance, consent, or similar action by either Party is required under the Contract, such action shall not be unreasonably delayed or withheld. An approval or consent given by a Party under the Contract shall not relieve the other Party from responsibility for complying with the requirements of the Contract, nor shall it be construed as a waiver of any rights under the Contract, except as and to the extent otherwise expressly provided in such approval or consent. 10.7.11 The provisions in this RFQ and all contract documents, which by their nature are intended to survive the expiration, cancellation or termination of the Contract, including, by way of example only, the Indemnification, Insurance, and Confidentiality provisions, shall survive the expiration, cancellation or termination of the Contract. 10.7.12 All media releases, public announcements, and public disclosures by either Party relating to the Contract or the subject matter of the Contract, including promotional or marketing material, shall be coordinated with and approved by the other Party prior to release. Contractor shall not host or stage events at District locations without receiving prior approval by the District contract administrator. 10.7.13 Time shall be of the essence as to all provisions of the Contract. If any date of significance hereunder falls upon a Saturday, Sunday, or legal holiday, such date shall be deemed moved forward to the next day which is not a Saturday, Sunday or legal holiday. Saturdays, Sundays and legal holidays shall not be considered business or working days. 10.7.14 Every notice, approval, consent or other communication authorized or required by the Contract awarded pursuant to this RFQ shall not be effective unless same shall be in writing and sent via hand delivery or overnight delivery (with a receipt), directed to the other party at its address provided below, or directed to the Contractor as established promptly after the award of the Contract pursuant to this RFQ. Either party may change the address by written notice to the other party from time to time in accordance herewith If to District: With copy to: School Board of Duval County, Florida Office of General Counsel 1701 Prudential Drive Jacksonville, Florida 32207 1701 Prudential Drive Phone: (904) 390-2115 Jacksonville, FL 32207 Attn: Superintendent Phone: (904) 390-2302 Page 18 of 22 Asbestos Abatement and Environmental Services Continuing Contract, RFQ 18-21/TW 10.7.15 Gratuities and Kickbacks. Any employee or any official of the District, elective or appointive, who shall take, receive, or offer to take or receive, either directly or indirectly, any rebate, percentage of contract, money or other things of value, as an inducement or intended inducement, in the procurement of business, or the giving of business, for, or to, or from, any person, partnership, firm or corporation, offering, proposing for, or in the open market seeking to make sales to the District, shall be deemed guilty of a felony and upon conviction such persons shall be punished to the full extent of the law. Every person, firm, or corporation offering to make, or pay, or give, any rebate, percentage of contract, money, or other things of value, as an inducement or intended inducement, in the procurement of business, or the giving of business, to any employee or official of the District, elective or appointive, in his efforts to proposal for, offer for sale, or to seek in the open market to make sales to the District, shall be deemed guilty of a felony and upon conviction such persons shall be punished to the full extent of the law. It is the policy of the District to not accept gifts, gratuities, or favors of any kind or of any value whatsoever from vendors, members of the staff, or families. Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure the Contract, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of the Contract. Contractor further warrants that it, nor any of its directors, employees, officers or agents, nor any of Contractor’s respective subsidiaries or affiliates, has taken, is currently taking or will take any action in furtherance of an offer, payment, promise, gifts or anything else of value, directly or indirectly, to anyone to improperly influence or otherwise secure any improper advantage in procuring business in relation to the Contract. For the breach or violation of these provisions, the District shall have the right to terminate the Contract without liability and/or, at its discretion, to deduct from the price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 10.7.16 In the event of any conflict among the documents, the order of priority of the contract documents shall be as follows: First, to any executed Contract resulting from the award of this RFQ; Second, Addenda (if any) released for this RFQ, with the latest Addendum taking precedence. Third, the RFQ, and Last, the awardee’s Proposal. 10.7.17 The District shall issue payment in accordance with Sections 218.70. et sq. Florida Statutes, Local Government Prompt Payment Act, after receipt of an acceptable invoice, inspection and acceptance of goods and/or services provided in accordance with the terms and conditions of the agreement. Any Penalty for delay in payment shall be in accordance with applicable law. No payment shall be made for travel. Each payment obligation of the District created by the agreement is conditioned upon the availability of funds that are appropriated or allocated for the payment of services or products. If such funds are not allocated and available, the agreement may be terminated by the District at the end of the period for which funds are available. The District shall notify the Contractor at the earliest possible time before such termination. No penalty shall accrue to the District in the event this provision is exercised, and the District shall not be obligated or liable for any future payments due or for any damages as a result of termination under this section.