Item Coversheet

Action Item - 11.

Title: Ratification and Authorization to Contract with Joseph A. DeLuca Advisory & Consulting Services LLC for Program Management Services for the Office of Environmental Management Services ($2,835,450)

Board of Education Meeting Date:  1/27/2022

Action under consideration

 

The Administration recommends that the Board of Education ratify and authorize the execution and performance of a contract by The School District of Philadelphia, through the Superintendent or his designee, subject to funding, as follows:

 

With: Joseph A. DeLuca Advisory & Consulting Services LLC

 

Purpose:  To support the School District’s efforts to comply with laws and regulations concerning asbestos management

 

Start date: 1/1/2022

 

End date: 6/30/2023

 

Compensation not to exceed: $2,835,450

 

Location: Administrative Offices

 

Renewal options: Two one-year options to renew

 

Compensation per renewal option period not to exceed: $1,692,068 for the first option period, and $1,369,350 for the second option period

 

Description:  

 The School District has over 300 buildings with an average life of 70 years and a deferred maintenance backlog. The District continues to restore and grow resources to improve building conditions. The Office of Environmental Management Services (OEMS) implements asbestos management in the District’s buildings. OEMS has evolved over the last 18 months, however, OEMS remains understaffed and more resources and support are needed to address the scope of environmental facility challenges, which have been exacerbated by the response to the pandemic. In this context, the District has recognized the need for additional support for OEMS to manage the complex set of obligations under the Asbestos Hazard Emergency Response Act (“AHERA”), including school inspections.

Joseph A. DeLuca Advisory & Consulting Services LLC (“DLA”), its principals, and its team have direct experience addressing the challenges that the School District is facing in managing the AHERA program and other environmental facilities issues, specifically in a large urban school district that has faced historic underfunding. DLA personnel have extensive experience in the management of AHERA programs and expertise, both regulatory and technical, in the application of AHERA and other applicable regulations. DLA has provided support to District legal counsel in assisting OEMS regarding compliance with AHERA and applicable regulations, including the City of Philadelphia’s Asbestos Control Regulation (“ACR”). Through this work, DLA is familiar with the challenges and needs for the District’s AHERA compliance program. 

Given the direct and significant needs and DLA’s work to date and experience, the District seeks to directly retain DLA moving forward to work with the Chief of Operations and Director of OEMS, and to specifically oversee and execute the implementation of a Corrective Action Plan (“CAP”), which is designed to improve AHERA management and AHERA compliance. In its oversight and execution of the CAP, DLA will, among other actions: 

  • Oversee the issuance and award of a Request for Qualifications for a third-party contractor to manage the AHERA inspection recordkeeping processes.  

  • Review existing standard operating procedures (“SOP”), and revise or develop needed sustainable SOPs for Environmental Management, with a focus on asbestos management, in accordance with the specific rules and regulations that govern each specific program.

  • For each SOP, develop and assess the process of communicating the status of work for all of the aforementioned environmental programs with the District’s community partners and employees.

  • Support the building of Donesafe modules, completing quality control of data prior to upload to Donesafe, conducting QA/QC with consultants, evaluating and supporting digitization of AHERA records; and creating and implementing comprehensive plans for AHERA record storage and access.

  • Determine the need for and best placement of permanent District personnel. 

  • Review the current and planned system of record keeping and develop an efficient way to manage stored environmental records at the central office and within every school building in accordance with law.

  • Review current practices and assist with the active awareness training program for building occupants who are not directly involved with the management of environmental programs.

  • Review and evaluate existing prioritization of environmental work orders and measure the process against District equity and risk standards.

  • Develop procedures relating to AHERA inspections, AHERA data management (including QA/QC of data), API work and reporting requirements, coordination with Capital Programs, contractor management, training, financial processes, records access, and A-Team field work.

  • Support the District, including its legal team, in inquiries from regulators and/or governmental agencies. 

  • Any other actions needed to support the oversight and execution of the CAP.

 

The ratification is necessary to accelerate work to provide assurance of support for the School District’s efforts to comply with laws and regulations concerning asbestos management.  This work is in support of providing safe and healthy environments for all students. 

This action item supports Board Guardrail 1: Every school will be a safe, welcoming and healthy place where our students, staff and community want to learn each day, and the objective that our schools will be environmentally safe and clean. 

Funding Source: Operating



 Office Originating Request: Operations - Capital Programs