rfp 17-1718 ahera three year re-inspection

JGorospe

Text Box

April 1, 2021

RFP #05-2021- AHERA Three (3) Year Re-Inspection

Page 1 of 18 CR 21501694

SECTION A - INSTRUCTIONS

1. INTRODUCTION

Long Beach Unified School District (District) is requesting vendors submit proposals to provide Asbestos Hazard Emergency Response Act (AHERA) Three (3) Year Re-Inspections to ensure compliance with 40 CFR 763, subpart E to Appendix C.

Currently, there are eighty-eight (88) District sites that are being monitored under the AHERA Act and require federal and state mandated three (3) year re-inspections. Please refer to Attachment B, list of sites for re-inspection. To view the current AHERA report, please schedule an appointment with the Maintenance Department, [email protected].

2. BACKGROUND

Established in 1885 with fewer than a dozen students meeting in a borrowed tent, Long Beach Unified School District now educates about 75,000 students, from preschool to high school, in 85 public schools located in the cities of Long Beach, Lakewood, Signal Hill, and Avalon on Catalina Island. The third largest school district in California, Long Beach Unified School District serves one of the most diverse large cities in the United States.

3. CONTRACT TERM

This contract will be a three (3) year base agreement with an option to extend for up to two (2) additional one (1) year periods based on satisfactory service and performance.

4. DISTRICT CONTACT

The District contact (Contact) for this RFP is the sole point of contact for this procurement. All communication shall be in writing and submitted to the Contact as designated below. Proposers are not permitted to communicate with other District staff or officials about this RFP, except during pre-proposal meetings and/or interviews, unless otherwise directed by the Contact. Direct written questions and/or correspondence related to this RFP to:

Contact: Jaime Gorospe, Contract Analyst E-Mail: [email protected]

Vendors interested in participating in this RFP should immediately provide the Contact with a telephone number and an e-mail address for dissemination of addenda and/or supplemental information, as applicable. Failure to provide said contact information may result in late notifications and/or incomplete proposals.

5. RFP SCHEDULE

Release of RFP April 1, 2021 Written Question Due, 12:00 PM April 15, 2021 Response to Questions April 22, 2021 Proposals Due, 11:00 AM April 29, 2021 Evaluations Complete May 5, 2021 Board Recommendation May 17, 2021 Award May 18, 2021


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6. SCOPE OF WORK

See Attachment A

7. INSURANCE The selected Proposer, at Proposer’s sole cost and expense and for the full term of the Agreement or any extension thereof, shall obtain and maintain, at a minimum, all of the insurance requirements as per Attachment C. All policies, endorsements, certificates and/or binders shall be subject to the approval of the Risk Manager of the District as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the Risk Manager. The selected Proposer agrees to provide the District with a copy of said policies, certificates and/or endorsements upon award of contract.

8. PROPOSAL SUBMISSION

Proposers must complete and return the following: • Company Information Form (Attachment E) • Request for Taxpayer Identification Number and Certification Form (Form W-9)

(Attachment F) • Price Response Form (Attachment D) – Must submit in a separate sealed envelope • Addenda in chronological order (if applicable)

Proposal submission shall include one (1) original and three (3) “hard” copies plus a flash drive with workable files. Proposals must be submitted in a sealed envelope with the RFP number, proposer’s name and address appearing on the face thereof and addressed as follows:

LBUSD Purchasing & Contracts Branch

Attn: Jaime Gorospe RFP 05-2021 - AHERA Three (3) Year Re-Inspection

2201 E. Market Street Long Beach, California 90805

The deadline for submitting a sealed proposal is 4/29/2021 at 11:00 AM. Any proposal received after this time will be returned unopened. It is the Proposer’s responsibility to ensure that their proposal arrives before the deadline. Postmarks will not be accepted in lieu of actual receipt. Faxed or e-mailed proposals will not be accepted.

9. PROPOSAL FORMAT

Proposals are to be prepared in such a way as to provide a straightforward, concise description of capabilities to satisfy the requirements of this RFP. Each section of the proposal shall be tabbed according to the numbering system as follows:

TAB - 1 Proposal Summary

• This section shall summarize the highlights and key points of the proposal demonstrating the understanding of the overall project objectives and the skill levels required to successfully accomplish project tasks.


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TAB - 2 Company Qualifications and Experience

• Provide a brief history of the company, including the number of years in business providing asbestos hazard inspections.

• Provide resumes, which include qualifications and responsibilities, of staff expected to be assigned to this project.

• Provide three (3) references from similar school districts, for which your company has provided AHERA three (3) year inspections.

TAB - 3 Methodology/Operations

• Provide a start-up/implementation plan for this project. • Provide a description of your asbestos inspection methods.

TAB - 4 Rate Sheet

• Provide firm’s Rate Sheet listing all staff who may provide services.

TAB - 5 Addenda

• Include signed addenda in chronological order, if applicable.

10. SELECTION PROCESS/EVALUATION CRITERIA

A selection committee, made up of District staff, will make its recommendation to the Board of Education. A Contract and Purchase Order will be issued upon Board approval. Please see Attachment G for the Sample Agreement. The District reserves the right to reject any or all proposals and to make its selection on a discretionary basis. The selection committee will evaluate proposals primarily on the following criteria:

Evaluation Criteria Weight Qualifications/Past Performance/References 35% Methodology/Operations 15% Price 50%

11. ATTACHMENTS A: Scope of Work B: List of AHERA Re-Inspection Sites & List of All District Schools and Addresses C: Insurance Requirements D: Price Response Form E: Company Information Form F: W-9 Form G: Sample Agreement


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SECTION B - GENERAL TERMS AND CONDITIONS In addition to the foregoing requirements contained in this RFP, the Proposer shall adhere to the following general conditions, and perform or make provisions for requirements set forth therein.

a) Award & Reservations: The District reserves the right to request an interview with and/or additional information from any firm prior to its selection. However, the District is under no obligation to conduct such interviews prior to making a selection. The District reserves the right to make or not make a selection from this RFP.

b) Amendments to RFP: If it is necessary to make material changes to the RFP, the District will issue addenda to all recipients of record of the original RFP. Any oral communication by the District’s Contact Person(s) concerning this RFP is not binding and shall in no way modify the RFP or the obligations of the District or the Proposer.

c) Withdrawal: The Proposer may withdraw a proposal at any time prior to the proposal due date and time by submitting a request in writing. A proposal is an irrevocable offer valid at the date scheduled for the proposal opening and for ninety (90) days thereafter. During this period, the service provider is expected to keep available the professional staff proposed for the assignment. The District will make its best effort to complete negotiations within this period. If the District wishes to extend the validity period of the proposals, the service provider who does not agree has the right not to extend the validity of their proposals.

d) Proposer’s Cost: The cost of developing a proposal is the Proposer’s responsibility and is not chargeable to the District. The District further reserves the right to reject any and all proposals. Proposer acknowledges the District’s right to reject any and all proposals.

e) Immaterial Defect in Proposal: The District may waive any immaterial deviation or defect in a proposal. The District’s waiver shall in no way modify the RFP documents or excuse the Proposer from full compliance with accepted standards of performance.

f) Authorization To Do Business: Proposer must be authorized to do business in California. If a

Proposer is a sole proprietorship or partnership, the Proposer may be required to furnish a copy of a current business license issued in California. If the Proposer is a corporation, it must be approved by the California Secretary of State.

g) Agreement: At the District’s discretion, the content of this RFP and the response thereto may be incorporated into any final agreement. The Proposer selected for contract award through this RFP shall be required to enter into a written agreement with the District. The Standard Agreement presented herein is the contract proposed for execution. It may be modified to incorporate other pertinent terms and conditioned set forth in this RFP, including those added by addendum, and to reflect the Proposer’s offer of the outcome of contract negotiations, if any, conducted with Proposer. Exceptions and requested additions to the terms and conditions of the Standard Agreement, or the Proposer’s inability or unwillingness to comply with any of the provisions of the Standard Agreement, must be declared in the proposal and will be considered as part of the proposal evaluation process.

h) Oral Communication: Any oral communications by the Contact or their Proposer concerning this RFP is not binding and shall in no way modify the RFP or the obligations of the District or the Proposer.

i) Subcontractors: If a subcontractor will be used by the Proposer to comply with any portions of this RFP, that fact must be stated in the proposal. The names of the subcontractors and their duties shall be specified in the proposal.

j) Disposition of Proposals: All materials submitted in response to this RFP become the property of the District and will become public records after the award of contract, except for information identified by the Proposer as being proprietary and which is eligible for nondisclosure under the California Public Records Act.


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Attachment A

SCOPE OF WORK

AHERA Three (3) Year Re-Inspection The firm will conduct Asbestos Hazard Emergency Response Act (AHERA) Three (3) Year Re- inspections to ensure compliance with 40 CFR 763, subpart E Appendix C. The re-inspection shall be performed pursuant to 40 CFR 763.85 (4) (b)(3)(i) through (vii), and at a minimum, the firm shall:

a) Visually re-inspect and reassess, under 763.88, the condition of all friable known or assumed Asbestos Containing Building Material (ACBM);

b) Visually inspect materials that were previously considered non-friable ACBM and touch the material to determine whether it has become friable since the last inspection or re- inspection;

c) Identify any homogenous areas with material that has become friable since the last inspection or re-inspection.

Using EPA (Environmental Protection Agency) approved three (3) year re-inspection reports; the firm will clearly indicate the date of inspection and each report shall be signed by any inspector and/or management planner who contributes to the re-inspection, and to the review or revision of the management plan. Any consultant(s) that represent the firm must hold valid, current license in the appropriate discipline(s) issued by the authorized federal and state regulatory agencies. The firm will submit re-inspection reports that are consistent with the industry standard and demonstrates a state-of-the-art work product that reflects current technology and best practices. The re-inspection reports will be submitted to the District within 30 days of the inspection for inclusion into the District’s AHERA Management Program Manual. The re-inspection reports will identify homogenous areas consistent with the terms and intent of AHERA. For the purpose of satisfying the scope of work under this RFP, only materials that are uniform in color, texture, and size will be considered homogeneous. The firm will provide reports and drawings which include the identification of both negative and positive sample results. All reports provided to the District shall be at no additional charge for downloading, uploading, or preparing. At no time shall proprietary software be used to present reports, data, or findings to the District. This includes both hard paper reports and findings, as well as digital reports and findings. The firm will submit the re-inspection reports in a user-friendly document that, when reviewed by parents, teachers or other interested parties; will clearly identify the types, locations, amounts and condition of the following:

a) Any ACBM that is assumed to be ACM (Asbestos Containing Materials); b) Any materials that were sampled and determined to be non-asbestos contained;

c) Any material that was sampled and determined to be ACM.

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Attachment A

SCOPE OF WORK AHERA Three (3) Year Re-Inspection

Inspection reports shall include drawings in the current District format which includes: positive, negative, and assumed materials. Drawings shall be color coded, red for positive, green for negative, and black for assumed materials.

Additionally, the scope will include testing for any damaged, assumed materials, found during inspections. All samples will be sent to District approved laboratories. The firm shall assign its properly licensed consultant(s) to review any previous inspection or re- inspection report(s) and any response action records to verify that the quantities and locations of ACM are updated. The firm shall assign its properly licensed consultant(s) to verify that all recordkeeping requirements are met pursuant to 763.94 including:

a) A current designated person statement

b) Dated copies of annual notifications and method of notification

c) Training records

d) Periodic surveillance records

e) Response action records

f) Outside contractor notification The firm shall assign its properly licensed consultant(s) to provide response action recommendations that are consistent with AHERA pursuant to 763.93(b) through (f). The firm will provide two (2) complete “hard” copies and one (1) electronic copy (flash-drive) of the re-inspection report.



Counter High Schools Site # 1 Avalon 671

2 Browning 698 3 Cabrillo 657 4 CAMS 647 5 EPHS 667 6 Jordan 652 7 Lakewood 653 8 McBride 668 9 Millikan 658 10 PAAL 670 11 Poly 654 12 Reid 682 13 Renaissance 681 14 SATO (prev. Hill) 626 15 Wilson 656

Attachment B

LIST OF AHERA RE-INSPECTION SITES

Counter Elementary Schools Site # 1 Addams 410 2 Alvarado 404 3 Barton 412 4 Birney 413 5 Bixby 414 6 Bryant 415 7 Burbank 417 8 Burcham 418 9 Carver 421

10 Chavez 403 11 Cleveland 422 12 Dooley 455 13 Edison 424 14 Emerson 425 15 Fremont 427 16 Gant 428 17 Garfield 429 18 Grant 431 19 Harte 432 20 Henry 433 21 Herrera 438 22 Holmes 434 23 Kettering 466 24 King 436 25 Lafayette 437 26 Lincoln 439 27 Longfellow 440 28 Los Cerritos 441 29 Lowell 442 30 MacArthur 443 31 Madison 444 32 Mann 445 33 McKinley 446 34 Naples 449 35 Oropeza 407 36 Prisk 450 37 Riley 451 38 Roosevelt 452 39 Signal Hill 453 40 Smith 419 41 Stevenson 454 42 Twain 458 43 Webster 459 44 Whittier 460 45 Willard 461

Counter Middle Schools / K-8 Site # 1 Bancroft 615 2 Cubberley 423 3 Franklin 611 4 Gompers 430 5 Hamilton 612 6 Hoover 625 7 Hudson 464 8 Hughes 613 9 Jefferson 614

10 Keller 435 11 Lindbergh 616 12 Lindsey 635 13 Marshall 617 14 Muir 448 15 Nelson 623 16 Newcomb K-8 465 17 Powell K-8 492 18 Robinson K-8 406 19 Rogers 618 20 Stanford 619 21 Stephens 620 22 Tincher 463 23 Washington 622



Attachment B

LIST OF AHERA RE-INSPECTION SITES

Total Facilities 88

Counter Other

Site # 1 Buffum 416

2 Burroughs 808 3 LBSA now Beach 690 4 Monroe 447 5 Tucker Adm. Office 715

Elementary 45 Middle Schools 23 High Schools 15

Other 5



Attachment B

LIST OF ALL DISTRICT SCHOOLS AND ADDRESSES



Attachment C

INSURANCE REQUIREMENTS Insurance – A Certificate of Insurance shall be provided by the successful consultant within 10 days after signing contract. The Certificate of Insurance shall name Long Beach Unified School District as additional insured. Without limiting Consultant’s indemnification of LBUSD, Consultant shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Contract by the Consultant, its agents, representatives, employees or subcontractors. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less that A:VII. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall be at least the following minimum levels of coverage:

Minimum Scope of Insurance: Coverage shall be at least as broad as the latest version of the following:

(1) General Liability: Insurance Services Office Commercial General Liability coverage

(occurrence form CG 0001);

(2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);

(3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance; and

(4) Professional Liability/Errors and Omissions: Professional Liability/Errors and Omissions insurance appropriate to their profession for a period of five (5) years following completion of the project.

Minimum Limits of Insurance: Consultant shall maintain limits no less than:

(1) General Liability: $5,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required limit;

(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage;

(3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease; and

(4) Professional Liability/Errors and Omissions: Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $5,000,000 per claim, and shall be endorsed to include contractual liability.



Attachment C

INSURANCE REQUIREMENTS

Insurance Endorsements: The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by Long Beach Unified School District to add the following provisions to the insurance policies:

(1) General Liability: The general liability policy shall be endorsed to state that: (a) the Long

Beach Unified School District, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (b) The insurance coverage shall be primary insurance as respects Long Beach Unified School District, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the Long Beach Unified School District, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute in any way.

(2) Automobile Liability: The automobile liability policy shall be endorsed to state that: (a) Long Beach Unified School District, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the ownership, operations, maintenance, use, loading or unloading or any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (b) the insurance coverage shall be primary insurance as respects to Long Beach Unified School District, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the Long Beach Unified School District, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.

(3) Workers’ Compensation Employers Liability Coverage: The insurer shall agree to waive all rights of subrogation against the Long Beach Unified School District, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant.

(4) All Coverages: Each insurance policy required by this Agreement shall be endorsed to state that: (a) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to Long Beach Unified School District; and (b) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Long Beach Unified School District, its directors, officials, officers, employees, agents and volunteers.

Failure to Procure or Maintain Insurance: Consultants’ failure to procure or maintain required insurance shall constitute a material breach of contract under which Long Beach Unified School District may immediately terminate the contract.



Attachment D

PRICE RESPONSE FORM

Company Name:

# OF SITES

LUMP SUM PRICE LONG BEACH UNIFIED SCHOOL DISTRICT

88

Note: Price Response Form must be submitted in a separate sealed envelope.



Attachment E

COMPANY INFORMATION FORM

To: Board of Education of the Long Beach Unified School District In compliance with the Request for Bids, the undersigned, acting for the firm named, hereby proposes and agrees, if this bid be accepted, to furnish the items and/or services at the prices quoted opposite each item, within the times indicated, and in accordance with the instructions, general conditions, and specifications set forth in these bid documents.

Company Name:

Address:

Telephone: ( )

E-mail:

Tax ID Number:

NON-COLLUSION STATEMENT: Bidder hereby certifies that this bid is genuine and not collusive or made in the interest or behalf of any person not herein named, and that the Bidder has not directly or indirectly, induced or solicited any other Bidder to put in sham bid, or any other person, firm, or corporation to refrain from bidding, and the Bidder has not in any manner sought by collusion to secure for himself an advantage over any other Bidder. OBJECTION TO TERMS: If the Bidder has any objections to the terms of this RFB, these objections must be clearly addressed, in writing, on the a cover letter which shall accompany the bid and shall specifically reference the particular section number, paragraph, and page number of the objection.

Principal Name

Title

Signature

Date



Attachment F

W-9 FORM



Attachment G

SAMPLE AGREEMENT

RFP 05-2021– AHERA THREE (3) YEAR RE-INSPECTION

THIS AGREEMENT, made and entered into this day of , 2021, by and between the Long Beach Unified School District (hereinafter called the District) and (hereinafter called the Contractor).

WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other, as follows; and that the terms of RFP 05-2021 are included as part of the agreement:

Contract Term: The minimum contract term is from Month Day, Year, through Month Day, Year. Thereafter, the contract may be extended upon mutual consent of the District and Bidder for two (2) additional o n e ( 1 ) year periods in accordance with provisions contained in the Education Code, Sections 17596, and may not exceed the total life of the contract of five (5) years.

Governing Law and Venue: This Agreement has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. Contractor agrees to comply with all federal, state, and local laws, rules, regulations, and ordinances that are now or may in the future become applicable to Contractor, Contractor’s business, equipment, and personnel engaged in operations covered by this Agreement, or occurring out of the performance of such operations.

Entire Agreement: The Agreement, including all sections of proposal documents which are attached hereto and incorporated herein by this reference, when accepted by the Contractor either in writing or by the shipment of any article or other commencement of performance hereunder, contains the entire Agreement between the parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid unless authorized by the District in writing.

Amendments: No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on District unless authorized by the District in writing.

Delivery: The District reserves the right to refuse any services and to cancel all or any part of the descriptions or services that do not conform to the prescribed statement of work. Delivery shall not be deemed to be complete until all services have actually been received and accepted in writing by the District.

Ownership of Reports and Documents: The originals of all custom letters, documents and reports produced under this Agreement shall be delivered to the District, and become property thereof upon payment in full for all services rendered. Copies may be made for Contractor's records. Such deliverables shall be deemed works made for hire and all rights in copyright therein shall be retained by District.



Payments: Invoices shall be submitted by Contractor to District’s Project Manager. Each invoice shall reference Agreement No. 05-2021 and the Purchase Order number. District shall remit payment within thirty (30) days of receipt and approval of each correct invoice.

District and Contractor mutually agree that District's maximum cumulative payment obligation hereunder shall be $ _TBD_ , including all amounts payable to Contractor for any subcontracts, leases, materials and costs arising from, or due to termination of this Agreement.

Warranty: Contractor expressly warrants that the services covered by this Agreement are fit for the particular purpose for which they are intended. Acceptance of the order shall constitute an agreement upon Contractor's part to indemnify, defend and hold the District and its indemnities as identified in the Indemnification Provisions below, harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by the District by reason of the failure of the services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law.

Force Majeure Clause: The parties to the Contract shall be excused from performance thereunder during the time and to the extent that they are prevented from obtaining, delivering, or performing by act of God, fire, strike, loss, or shortage of transportation facilities, lock-out, commandeering of materials, products, plants or facilities by the government, when satisfactory evidence thereof is presented to the other party(ies), provided that it is satisfactorily established that the non- performance is not due to the fault or neglect of the party not performing.

Assignment of Agreement: The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Agreement or any part thereof, or any right title, or interest therein, funds to the received hereunder, or any power to execute the same without the consent in writing of the District.

Contact with students: Contractor will not permit any of it employees who perform services under this Agreement to come in contact with pupils or communicate with pupils. In the event Contractor fails to prevent its employees from having contact with pupils or communicating with pupils and injury results from failure to prohibit pupil contact or communication, Contractor shall defend, indemnify, protect, and hold the District, its agents, officers and employees harmless from and against any and all claims, demands, liability, judgments, awards, losses, injury damages, expenses, charges or costs of any kind or character to the District or to any person or property which arise from or are connected with or are caused or claim to be caused by Contractor’s failure to prohibit its employees, subcontractors or agents from having pupil contact or communication. Any subcontractor hired by Contractor shall be subject to and shall comply with this section and it shall be the Contractor’s responsibility to require compliance with this section. Contractor and subcontractor shall be jointly and severally liable for any injury that results from subcontractor’s failure to comply with this provision. Based on the determination that neither Contractor nor any subcontractor of Contractor will have contact with pupils, no fingerprinting of Contractor or its agents, subcontractors or employees is required by this Agreement.

Severability: If any term, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect and shall not be affected, impaired, or invalidated in any way.


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Attorney fees: In any action or proceeding to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defense, each party shall bear its own attorney’s fees, costs and expenses.

Correspondence: Any correspondence related to the terms, prices, and conditions of this Agreement must be directed to:

Ron Hoppe, Purchasing & Contracts Director

Long Beach Unified School District 2201 E. Market Street

Long Beach, CA 907777 Email: [email protected]

Warrant of authority: Each of the parties signing this agreement warrants to the other that he or she has the full authority of the entity on behalf of which his or her signature is made.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date indicated below.

CONTRACTOR LONG BEACH UNIFIED SCHOOL DISTRICT

Signature: Signature:

Print Name: Print Name: Ron Hoppe

Title: Title: Purchasing & Contracts Director

Date: Date:

mailto:[email protected]