4-1-25 Custodial RFP.pdf

FOREST AREA COMMUNITY SCHOOLS

CUSTODIAL SERVICES

REQUEST FOR PROPOSALS (“RFP”)

April 1, 2025

I. SUBMISSION DEADLINE AND PROPOSAL REQUIREMENTS.

Bids must be submitted and received by the District by:

May 1st, 2025 at 10:00 a.m.

1.1 Proposal Envelope. An opaque, sealed envelope containing your Proposal, and any other supporting data to be submitted therewith, must be marked in the lower right hand corner with the following description:

CUSTODIAL SERVICES RFP

[PROPOSER’S NAME]

[PROPOSER’S ADDRESS]

[PROPOSER’S TELEPHONE NUMBER]

The envelope must be addressed and delivered to:

Forest Area Community Schools Attention: Mike Moran 7661 Shippy Road SW

Fife Lake, Michigan 49633

1.2 Late Proposals. Each Proposer is responsible for submission of its Proposal. Proposals or revisions to Proposals received after the date and time specified above may be rejected for consideration by the School District. Any rejected proposals will be returned to the Proposer unopened. The School District is not liable for any delivery or postal delays.

1.3 Original Proposal and Copies. Each Proposal must be an original hard copy signed by an authorized member of the Proposer’s firm. Oral, telephonic, telegraphic, facsimile, or email Proposals will NOT be accepted. Along with the original, signed Proposal, the Proposer shall also submit seven (7) copies of the Proposal.

1.4 Opening of Proposals. The Proposals will be opened at the date and time stated above, by the superintendent and/or such other School District administrator authorized by the Board of Education. No immediate award decision will be rendered at the time of Proposal opening.

Proposals will not be reviewable by the public, nor disclosed to unauthorized persons prior to Proposal opening. However, after Proposal opening, all Proposals shall be open to public inspection, subject to any applicable disclosure prohibition under Michigan law.

1.5 RFP Clarifications and Addenda.

1.5.1 Intent to Respond. Each Proposer who intends to submit a Proposal in response to this RFP may submit, via email, an “Intent to Respond” to Mike Moran at mmoran@forestarea.org with the subject line “Custodial RFP Intent to Respond.” An Intent to Respond shall include the name of the Proposer, the name of the contact mailto:mmoran@forestarea.org person, and that person’s email address. The School District intends to communicate with Proposers via email, including with respect to RFP clarifications and addenda.

Those Proposers who fail to properly provide an Intent to Respond are not precluded from bidding; however, they may not receive responses to requests for clarification or addenda and shall be solely responsible for obtaining any such information in an alternative manner.

1.5.2 Requests for Clarification. Proposers must examine this RFP and otherwise satisfy themselves as to the scope of the RFP and their respective responses.

After submission of proposals, the School District will not entertain any complaint or claim that the terms of the RFP were misunderstood. Proposers may request clarification of information within the RFP. All such requests should be made in writing to Mike Moran at mmoran@forestarea.org and with the subject line “Custodial RFP Request for Clarification.” Written responses to all written requests for clarification will be made and distributed to all Proposers who submitted an Intent to Respond via addenda. No requests for clarification will be accepted after the close of business six (6) calendar days before the bid submission deadline. The responses to any requests for clarification will be provided to all Proposers who filed an Intent to Respond or are otherwise on record with the School District as having received an RFP.

1.5.3 Addenda. If it becomes necessary to revise any part of the RFP, by addition, deletion, clarification, or correction, notice of the revision will be emailed to all Proposers who filed an Intent to Respond in accordance with Paragraph 1.5.1 and otherwise available to all Proposers upon an appropriate request. The School District may, but shall not be required to, deliver addenda by regular mail or other method. All addenda shall become a part of the RFP. No Addenda shall be issued after the close of business six (6) calendar days before the bid submission deadline. Each Proposer bears responsibility for confirming prior to submitting a Proposal that s/he has received all issued Addenda. To avoid miscommunication, each Proposer should acknowledge all addenda which it has received, but the failure of a Proposer to receive, or acknowledge receipt of any addendum shall not relieve the Proposer of the responsibility for complying with the terms thereof.

1.5.4 Availability. Copies of this RFP and any associated addenda may be received from the School District Administration Offices between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday, subject to any holidays or school closures, prior to the time and date specified above for the submission of Proposals.

1.6 RFP/Proposal Information Controlling. Each Proposer shall prepare its Proposal based only on the information contained in this RFP, notwithstanding any information that may have been previously provided to, or alternately obtained by, a Proposer. A Proposer noting any inconsistency between the information contained in this RFP and any information previously or alternately obtained should submit a request for clarification. No information communicated verbally or in writing to or from a Proposer shall be effective unless confirmed mailto:mmoran@forestarea.org in writing in this RFP, an addendum to this RFP, a request for clarification response, or other another written response.

1.7 Reservation of Rights. It is the intent of the School District to award any Contract in due course after a reasonable period of time to evaluate Proposals in light of the RFP requirements. The School District reserves the right to waive any irregularity in the RFP process or any Proposal, and the right to award the Contract to other than the Proposer(s) submitting the lowest bid. The School District reserves the right to request additional information from any or all Proposers, including an oral interview to discuss, clarify, and answer any questions regarding the Proposal. The School District reserves the right, in its sole discretion (for this provision and for all other provisions contained in this RFP), to accept or reject, in whole or in part, any or all Proposals with or without cause. Grounds for rejection of Proposals may include, but are not limited to:

● Failure of Proposal to conform to RFP requirements.

● Submitting a Proposal imposing conditions which would modify the terms and conditions of the RFP or limit the Proposer’s liability to the School District on any awarded contract.

● Submitting a Proposal determined by the School District to be unreasonable in price.

● A Proposal is received by a Proposer determined by the School District not to be a responsible Proposer.

● Any other reason deemed relevant by the School District and which is consistently applied.

1.8 Release of Claims. Each Proposer submitting its Proposal releases the School District from any and all claims arising out of, and related to, the RFP process and the selection of a contractor.

1.9 Proposer Bears Costs of Proposal. A Proposer is responsible for any and all costs it incurs (or that are incurred by others on its behalf) in preparing or submitting a Proposal, in otherwise responding to this RFP, or in any negotiations incidental to its Proposal or this RFP.

Also, if selected, any start-up costs are included in the bid amount.

1.10 Modification or Withdrawal of Proposals.

1.10.1 Proposals submitted early may be modified or withdrawn prior to the submission deadline. Any modified or resubmitted Proposal shall be submitted in the same fashion as required by this RFP and shall be worded so as not to reveal the amount of the original proposal sum.

1.10.2 Proposals submitted and not timely modified or withdrawn shall be irrevocable for a minimum period of ninety (90) calendar days following the submission deadline.

1.11 Collusive Bidding and Relationship Disclosure.

1.11.1 The Proposer certifies that its Proposal is made without any previous understanding, agreement or connection with any person, firm, or company making a Proposal for the same project and is in all respects fair and without outside control, collusion, fraud, or other illegal action.

1.11.2 The Proposer shall submit a Familial Relationship Disclosure in substantially the form attached to this RFP as Attachment A.

1.11.3 The Proposer shall submit an Iran Economic Sanctions Act

Certification in substantially the form attached hereto as Attachment B.

1.12 Pre-Bid Meeting.

1.12.1 The School District may conduct a pre-bid walk of the facilities. The

Proposer is strongly encouraged to attend any such walk-through because, if provided, no other walks will be guaranteed. The Proposer may ask questions about the facilities, equipment and the RFP during such walk, answers to which may be given immediately or at a later date in accordance with the process described above. If a Proposer does not attend any such pre-bid walk-through, it shall provide along with its proposal an explanation why the School District should be confident that Proposer understands the scope of work to be provided pursuant to this RFP.

1.12.2 The School District reserves the right to reject the proposal of any

Proposer failing to attend any such pre-bid walk and failing otherwise to explain in writing why the Proposer has at least equivalent knowledge of the School District’s facilities and requirements as other Proposers who attended the walk-through.

II. SELECTION TIMELINE, CRITERIA, AND EVALUATION.

2.1 The RFP shall be released and considered on the following schedule:

Release of RFP April 1, 2025 Pre-Submission Conference April 15, 2025 at

10:00 a.m.

Pre-Bid Walk-Through (date and time) April 15, 2025 at

10:00 a.m.

Deadline for Requests for Clarification and Addenda

April 25, 2025 at 3:00 p.m.

Proposals Due May 1, 2025 at 10:00 a.m.

Proposer Interviews May 6, 2025

Award of Contract May 12, 2025 Commencement of Services July 1, 2025

With the exception of the deadline for Proposal submission, the School District reserves the right, in its sole discretion, to change or eliminate any or all portions of the above-identified selection timeline as it determines to be in its best interest, with or without notice to Proposers.

2.2 Proposal Information. Proposals must demonstrate an understanding of the scope of work and the ability to accomplish the tasks set forth herein and must include information that will enable the School District to determine the Proposer’s overall qualifications. Each Proposal shall include the information identified below and any other information required by this RFP, but may also include any other information that the Proposer feels is significant with respect to the School District making an informed decision relative to the Proposal.

2.2.1 Original bid document and copies as required by Section 1.3.

2.2.2 The Proposal shall include a cover letter, including a brief executive summary, the legal name of the Proposer and brief statement of its history, and a statement of whether the Proposer is a sole proprietor, a partnership, corporation, or other legal entity. The cover letter shall be on company letterhead and signed by a person authorized to bind the Proposer in contract.

2.2.3 The Proposed Contract Sum shall be identified on, and in compliance with, the Proposal Form attached hereto as Attachment C. The Proposed Contract Sum shall be identified as a total dollar amount, but the Proposer shall provide an adequate explanation how its costs have been computed. Alternative pricing shall be provided for all of the following:

2.2.3.1 The additional cost of providing services for additional one-year terms (beyond the initial three-year term), which may be authorized at the School District’s sole option.

2.2.3.2 The additional cost of having the Proposer procure and provide all necessary future cleaning supplies and materials.

2.2.3.3 Other pricing methods and alternates may be considered, but only if the Proposer is first considered responsive to the pricing requirements identified above.

2.2.4 By submitting a Proposal, each Proposer is attesting to the following:

(a) Proposer has read and understands the RFP and project requirements and the Proposal is made in accordance therewith, (b) Proposer warrants that it is familiar with the buildings, grounds, and scope of work to be performed, and (c) Proposer’s price is based upon all required work, personnel, equipment, taxes and other costs described in the RFP and in accordance with all terms and conditions without exception.

2.2.5 The Proposer shall submit a statement of the Proposer’s qualifications, including any evidence that it is currently providing custodial services for other K-12 school districts of similar size and scope as the School District, particularly identifying outstanding custodial service contracts.

2.2.6 If applicable, the Proposer shall acknowledge in writing all Addenda received and reviewed prior to submission of its Proposal.

2.2.7 The Proposal shall include background information and qualifications of the personnel who will be involved with the School District, including a list of the Proposer’s management staff to be assigned to manage the School District’s needs, describe the chain of command and reporting relationships, and include an organizational chart (including where any School District liaison or representative would be placed).

2.2.8 The Proposer shall provide a list of training programs, if any.

2.2.9 The Proposer shall describe in detail its experience with respect to the conversion of custodial services from one contracted service provider to another, as well as a transition plan for the School District. The Proposer shall further describe how it will assist the School District in this regard and its customer relations philosophy with respect to the same.

2.2.10 The Proposer shall provide a list of at least three (3) references, including contact names, addresses, phone numbers, length of time in service, and square footage of applicable facilities.

2.2.11 The Proposer shall provide evidence of its ability to furnish insurance required by this RFP and its financial stability, including annual audited financial reports for the three (3) most recent fiscal years.

2.2.12 The Proposer shall acknowledge and agree to comply with all applicable federal, state, and local laws, rules, regulations, licenses, codes, ordinances and policies that apply to Michigan public schools. Without limiting the breadth of the foregoing, the Proposer shall agree to comply, at its cost, with the requirements for criminal history and background checks conducted or facilitated by the School District as required by the Revised School Code.

2.2.13 The Proposer shall provide a list of all litigation, arbitrations, mediation and/or regulatory proceedings for the past five years related to Proposer’s provision of custodial services, provision of supplies, materials and equipment with respect to the same, working conditions, employment practices, and mistreatment of pupils or others.

Disputes regarding workers’ compensation or unemployment proceedings are not included in this subsection.

2.2.14 The Proposer shall provide a written schedule identifying the number of employees designated per building for each day and the total number of hours that Proposer’s employees will work therein each day. The Proposer shall also provide the number of reserve staff available to meet minimum staffing requirements. Such information shall be considered to evaluate the Proposer’s ability to meet custodial service requirements for each building.

2.2.15 The Proposer shall specifically identify and explain any and all objections to or requested exceptions to its compliance with the requirements of this RFP and the form of Contract. The failure to specifically identify and explain an objection or exception shall be deemed an express agreement by the Proposer to be bound by the terms of the RFP and/or Contract.

2.2.16 The Proposer shall provide a brief statement of its business and service philosophy, goals, and visions.

2.3 Evaluation of Proposals. The purpose of this RFP is to consider a contractual relationship with an experienced and qualified custodial service provider to provide complete custodial services to the School District in the most efficient and cost-effective manner possible while, at the same time, maintaining the highest performance standards and reliability. It is acknowledged that every aspect of the operation may not be detailed in this RFP. The Proposer must document its expertise, experience, and approach based on its understanding of the School District’s requirements.

2.3.1 The School District shall have the right to take such steps as are necessary to determine the ability of the Proposer to perform the work in a prompt and efficient manner in accordance with the RFP. In determining the qualifications and responsibilities of the Proposer, the School District shall take into consideration those criteria listed in Section 2.2 and any other consistently applied information the School District deems necessary.

2.3.2 The School District reserves the right, but shall not be obligated, to select one or more Proposers for post-Proposal investigation, discussions and negotiations, which may include a short post-proposal oral presentation to the School District. Such discussions and negotiations, if they occur, will involve only Proposers who submit Proposals falling within a competitive range to be determined by the School District. Proposals will be generally evaluated based on quality of response to this RFP, apparent capability of Proposer in the areas of management, business stability, routing, and human resources, and cost.

2.3.3 The School District reserves the right to reject any and all Proposals and to waive all informalities and/or technicalities where the best interest of the School District may be served, including the right to award a Contract without further discussion or negotiation with anyone proposing these services.

2.4 Contract Award and Requirements.

2.4.1 The Contract will be substantially in the form attached hereto as

Attachment D, except that the School District may elect in its sole discretion to further negotiate the terms of same with Proposers whose Proposals fall within a competitive range as determined by the School District.

2.4.2 The award of a Contract is contingent upon securing an acceptable

Proposal, as determined within the School District’s sole discretion. A contract between the School District and the Proposer shall come into existence and be binding and enforceable only upon the following conditions: (a) successful negotiation of terms in accordance with Section 2.4.1, if applicable; (b) execution of a Contract reduced to writing as contemplated by Section 2.4.1; and (c) authorization by the School District’s Board of Education. A contract shall not exist between a Proposer and the School District merely because a Proposer has submitted a conforming Proposal and the School District’s Board of Education has accepted the Proposer’s Proposal. The Contract shall only come into existence when the Contract document between the School District and the Proposer contemplated under Section 2.4.1 is executed by both parties and approved by the School District’s Board of Education.

2.4.3 The Contract shall be for an initial three (3)-year term commencing

July 1, 2025 and ending June 30, 2028. In addition to the period described above, Proposers may submit a supplemental alternate for a different time frame. The Contract may be terminated upon thirty (30) days’ written notice from the School District at any time with or without cause.

2.4.4 Insurance.

2.4.4.1 The Proposer shall insure jointly the liability of itself, the

School District, and their duly authorized representatives for damage to property or injury to persons which arise as a result of the Contract and the duties of the Proposer which arise therefrom. Such insurance shall be secured from an insurance company authorized by law to transact the business of insurance in the State of Michigan. Proof of such insurance, a statement of coverage limits and a copy of the applicable policy shall be provided to the School District prior to execution of the Contract. Failure to do so shall be a justifiable basis to act against the Proposer’s bid security.

2.4.4.2 The Proposer shall maintain insurance coverage satisfactory to the School District, including with respect to coverage limits and deductibles, and as set forth below during the term of the Contract. The Proposer shall furnish evidence thereof to the School District not less than thirty (30) calendar days before coverage is required and services are scheduled to begin pursuant to the Contract. Such evidence shall be in the form of a certificate of insurance issued to the School District, which shall include a minimum of sixty (60) days notification to certificate holders of cancellation or change in the policy, and shall be extended to include the School District as an additional insured. The proposed insurance provider(s) must be recognized to do business in Michigan.

2.4.4.3 The Proposer shall maintain such general liability insurance that will protect the Proposer from any claims for liability damages, including death, and damage to property that may arise from operations under, related to, or about the Contract.

2.4.4.4 The Proposer shall maintain such workers’ compensation insurance as will protect the Proposer from claims that may arise from operations under, related to, or about the Contract.

2.4.4.5 The following types of insurance, limits of liability, and policy extensions are required of the Proposer and (except for limit) all sub-contractors:

Workers Compensation and Employers Liability Insurance Coverage A – Statutory Coverage B – $500,000 Per Accident

Broad Form Comprehensive General Liability Insurance (including – Premises, Contractual, Products & Completed Operations – Including Broad Form Extensions)

Each Occurrence $2,000,000 General Aggregate $4,000,000 Products & Completed Operations Aggregate $2,000,000 Personal Injury & Advertising Injury $2,000,000 Fire/Legal $2,000,000 Sexual Molestation $2,000,000

Comprehensive Automobile Liability Insurance (owned, hired, and non- Owned automobiles) $2,000,000 Combined Single Limit

Bodily: $1,000,000 Each Person $1,000,000 Each Occurrence $2,000,000 Annual Aggregate

Property Damage: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate

The Proposer shall not commence work under the Contract until all insurance stated in this RFP is obtained and the School District has reviewed all associated insurance policies.

2.4.5 The Contract, and any other contract between the parties based on this RFP, shall incorporate the terms of the RFP and accepted portions of the Proposer’s response thereto. The Contract will be substantially in the form of agreement attached as Attachment D, subject to: (a) the School District’s ability, in its sole and absolute discretion, to negotiate the Contract’s terms, and

(b) any specific exception to the Contract’s terms as identified and explained in writing by the Proposer pursuant to Section 2.2.15, and agreed to by the School District. In the event of any inconsistency between the Contract, the RFP, and response, the provision that is most favorable to the School District (as determined in the School District’s sole discretion) shall govern. Any submitted Proposal is an offer to enter into a contract based upon the foregoing.

III. SCHOOL DISTRICT PROFILE AND OVERVIEW.

Schools/Buildings/Land

Elementary School 24,301 sq ft

Middle/High School 63,763 sq ft

Bus Garage (included in Middle/High School)

Teen Health 1100 sq ft

Minimum Coverage Hours

7:00 a.m. to 10:30 p.m.

Students

2024/2025 Enrollment 496

Projected increase/decrease in future enrollment 0

Current Contracted Staff for Custodial

Management 1

Administrative Clerical 0

Custodial 4

IV. DESCRIPTION OF SERVICES.

4.1 Generally. Proposer shall, during the entire term of the Contract, furnish all management, supervision, equipment, supplies (as applicable; see Section 4.5), services, and necessary insurances required to provide all School District custodial services in accordance with this RFP and in accordance with the highest standard in the industry, including:

4.1.1 All janitorial services necessary to clean and sanitize all spaces of the

School District’s facilities in accordance with this RFP, the School District’s requirements, and industry standards.

4.1.2 Responsibility to clean, maintain, safeguard and service the facilities and occupants of the facilities.

4.1.3 The selection, evaluation, training, compensation, and retention of custodial employees, including all necessary, management and clerical personnel.

4.1.4 Effective communication with the School District, including, but not limited to, the School District’s administration, Board of Education, teachers, and, as applicable, with parents, students, and the community.

4.1.5 Continuous analysis of the custodial operations of the School District in order to effectively manage costs, while maintaining service levels in accordance with School District policy and safety protocol. The Contractor shall identify and implement operational efficiencies that will lead to cost reductions.

4.1.6 Proposer and its employees are required to, and shall at all times, comply with any and all standards, regulations, codes and laws of federal, state, and local governments, including but not limited to the handling of materials, licensing and permitting requirements, privacy issues, student record issues and any other issues arising out of the services to be provided. Further, the Proposer and its employees must know and abide by the applicable policies of the School District, including, by way of example only, policies related to sexual harassment and smoking. As mandated by the Revised School Code, criminal history and criminal record checks must be done on all of Proposer’s employees providing services hereunder, which costs shall be borne by the Proposer. Without limiting any other indemnification provision(s) herein, the Proposer shall indemnify and hold harmless the School District for any injuries or damages arising out of the failure to comply with applicable laws and policies.

4.2 Management.

4.2.1 The Proposer shall provide management staff and technical support to coordinate all Proposer functions described in the RFP. These staff members shall ensure that the School District’s custodial needs are smoothly and efficiently met. The Proposer must employ or subcontract with qualified individuals who will be able and available to meet the School District’s custodial needs. The Proposal shall include a list of the proposed management staff, positions and experience, including telephone numbers where they be reached at all times and email addresses. A return call shall be made within thirty (30) minutes of the time the call is placed. The Proposer shall be responsible for the cost of all phones (and, if applicable, computers), as well as ensuring their acceptability for the requirements set forth herein.

4.2.2 Management staff must: (a) have the ability to access and use a computer for routine tasks, (b) be authorized to act as the Proposer’s agent in all communications related to the performance of services, (c) have experience supervising cleaning staff, (d) have authority to schedule working hours, assignments, and cleaning procedures, (e) cooperate with School District administrators, and (f) be available for inspections, upon request, at times other than normal working hours.

4.2.3 The Proposer must dedicate at least one on-site manager with appropriate experience to act as the Proposer’s agent at all times. Once assigned, an on-site manager shall not be removed by Proposer without prior written consent of the School District. The Proposer shall, on the written direction of the School District, remove and replace any and all proposed management staff from the provision of services to the School District under the Contract.

4.2.4 The Proposer’s management staff shall advise the School District on routine organization and operation matters concerning the custodial services, provided that such consultation does not disrupt the Proposer’s ability to perform the services described in the Request for Proposal. The Proposer’s management staff shall meet with the District at least once a week to discuss a calendar of events and to ensure a proper level of service.

4.3 Operations.

4.3.1 Operational Requirements.

4.3.1.1 The Proposer shall provide all custodial services

necessary to meet the School District’s regular needs as described by the School District from time to time. Service shall be provided on all school days, throughout the summer, and on breaks as needed, or as otherwise designated by the School District. If necessary to meet performance obligations and standards, cleaning may occur on weekends. The Proposer shall provide an implementation plan, including the total number of employees per building, job descriptions, and manuals detailing standard and emergency cleaning procedures. Without limiting the breadth of the foregoing, the implementation plan must specifically address the deep cleaning duties to be performed during summer months and other school breaks.

4.3.1.2 As requested by the School District, the Proposer shall provide other custodial services when such services do not conflict with regular service obligations.

4.3.1.3 It is expected that custodial services will be provided primarily after the end of the school day, except for certain time sensitive services (e.g., gym floor cleaning before after-school practices and games, special events, holidays, and breaks). It is the Proposer’s responsibility to maintain the standard of cleanliness specified in this RFP and any separate Contract by adhering to the guidelines attached to this RFP (or, if not attached, the standard currently held by the School District or as reasonably increased thereafter by the District, if reasonable in scope). It is the responsibility of the Proposer to provide sufficient personnel to ensure that the requirements are met and that each facility is effectively cleaned and all other duties are performed.

4.3.1.4 Extracurricular and Weekend Activities. The Proposer will be responsible for furniture setup and take-down (when appropriate) for any extracurricular activity needs, sporting events, or rental agreements that occur at School District facilities. The Proposer acknowledges that these events are numerous and may occur after student hours.

4.3.1.4.1 The Proposer will be responsible to provide sufficient personnel as required by the School District for extracurricular and weekend activities. Periodic special events may require the Proposer to modify the cleaning schedule to accomplish set up and breakdown of those special events (parent teacher conferences, ice cream socials, a play in the auditorium, home sports events, etc.). It is anticipated that clean-up will be completed prior to the next scheduled business/school day. The Proposer may choose to schedule support clean up on the day after the event if the delaying of the clean up does not detract or interfere with the overall look or environment of the school facility.

4.3.1.4.2 Extracurricular and weekend services must be included within the Proposer’s base bid, unless an exception is noted and alternate pricing is provided on the proposal form. If the selected Proposer requires additional payment for these services, additional compensation will be paid only if approved in advance by the School District’s designee. Itemized bills should include the date of the service, hours worked, the employees who worked and the name of the School District personnel who approved the service. Such billing must be submitted under separate invoices but at the same time as the base Contract invoice for the month within which the service was provided.

4.3.2 Staff Management Requirements. The Proposer shall attempt to ensure continuity of management staff and other employees to promote familiarity and excellence in the provision of services. However, the Proposer shall, on the written direction of the School District, remove and replace any and all proposed staff at will from the provision of services to the School District under the Contract.

4.3.3 Changes in School Schedules

4.3.3.1 On those days when a District facility is closed and/or classes are canceled to ensure the health and safety of pupils for the reason of inclement weather, epidemic, or any other lawful reason, the Proposer shall provide deep cleaning of the affected school(s), with the type of cleaning and locations to be reasonably approved by the School District. Alternatively, the School District may choose, in its sole discretion, to receive a 100% daily discount based on a computed daily rate being charged to the School District by the Proposer for custodial services. In the absence of the School District's express selection of a daily discount, the Proposer shall perform the deep cleaning services mentioned above.

4.3.3.2 The Proposer shall cooperate with the School District to maintain good public relations with the community and news media so that any pertinent items or issues affecting the custodial program can be brought to the attention of the public. Such service may include participation in one or more meetings prior to the beginning of each academic year to review services, expectations, limitations and regulations.

4.3.4 Limitation of the School District’s Obligations. The School District is not at any time obligated to request other custodial from the Proposer, nor pay for services not received.

4.3.5 School District’s Right to Contract Separately. The School District expressly retains the right to contract separately with other vendors or entities for any custodial services not expressly awarded to Proposer hereunder. Further, in the event of Proposer’s non-performance, the School District may contract with other vendors or entities to supplement and offset the Proposer’s non-performance.

4.4 Proposer Service Requirements.

4.4.1 The Proposer shall provide an adequate staff of experienced personnel, capable of successfully accomplishing the delivery of custodial services. The Proposer shall perform the services at time periods as approved by the School District’s designee. Safety of students and staff and unimpeded delivery of the instructional programs will determine the authorized work periods. No Proposal shall include or require a contract term that bars the School District from hiring any personnel that may provide services as a Proposer employee in the event of contract termination or expiration.

4.4.2 The Parties acknowledge that the School District is a public body charged with the care of minor pupils and, therefore, has a significant interest, for public safety purposes, in determining the individuals who may access its facilities.

Accordingly, the School District may request, subject to the Proposer’s rights as an employer, that the Proposer prohibit an employee that the School District believes jeopardizes the reputation or public safety of the School District and its facilities from entering said facilities. Such prohibition will in no way affect the right of Proposer, in its sole discretion as employer, to hire, assign, reassign, discipline and/or terminate its own employees.

4.4.3 Pre-Employment Screening. The Proposer shall develop and implement a pre-employment interview and/or screening program for all candidates for employment in conjunction with the Proposer’s performance under this RFP (or, if applicable, the Contract). The Proposer shall interview and give consideration to employing the School District’s personnel that is displaced as a result of the implementation of the RFP or any Contract, if any. There will not be an obligation that displaced School District personnel are hired by the Proposer. The pre-employment interview and/or screening program shall be designed to assist the Proposer in determining the candidate’s suitability for work under the Contract. That program shall require that each candidate satisfy or exceed all legal requirements, including the examination of the candidate’s criminal history and criminal records, as required by the law of the state of Michigan. In the event any of the pre-employment screening is failed by a potential employee, that employee shall not be hired by the Proposer for any position that serves the School District pursuant to the RFP or any Contract.

4.4.4 Transfer. Upon request by the School District, subject to the Proposer’s rights as employer to control and direct its employees, the Proposer shall consult with the School District concerning the Proposer’s continuing assignment of employees to provide services to the School District. Any Proposer employee deemed by the School District in its good faith determination to jeopardize the reputation of, public support for, or confidence in the provision of services by the Proposer shall be transferred by the Proposer to other functions to the extent permitted by law and necessary to maintain an independent contractor relationship. Such transfer, if based only on School District determination, shall be without stigma or negative connotation. Such transfer

4.4.5 During the performance of services, a meeting may be called at any time by the Proposer or the School District to review the quality of the custodial services provided or any other issue that may arise. Items not completed to the satisfaction of the School District will be corrected by the Proposer within a mutually agreed upon time frame. Any continued or repeated offenses with regard to workmanship may be subject to fines deducted from the monthly invoice. Failure by the Proposer to remedy concerns of the School District may result in the termination of services.

4.4.6 The Proposer must comply with all applicable School District policies.

The Proposer recognizes that its employees will perform in safety-sensitive positions.

Proposer shall institute a drug and alcohol policy, and provide appropriate training and safeguards, consistent with the safety-sensitive positions to ensure the safety of the School District’s students, staff, visitors, and facilities. The Proposer’s employees shall present themselves in an appropriate manner and attire consistent with the school environment. The Proposer’s employees shall be appropriately qualified and trained and possess the requisite certifications or licenses for applicable activities, to perform custodial services. The Proposer shall maintain a list of employees assigned to each facility, updated as employees are hired or terminated, and maintain daily attendance records, including “log in” and “log out” times for all non-supervisory employees, to enable the School District to identify which individuals are in a facility at any particular time. The Proposer shall provide at least 48 hours’ notice before new employees are placed in any School District facility. The School District reserves the right to perform any independent background checks on Proposer’s employees, consistent with applicable laws.

4.4.6.1 At no time shall the Proposer’s personnel do any of the following: (a) allow custodial closets to be open and unattended, (b) congregate or have food/drink in unauthorized areas, (c) copy, distribute or loan any key to School District facilities, (d) disturb papers on desks, open drawers or cabinets, use or tamper with personal property owned by the School District or its employees, (e) leave custodial products and/or equipment unattended, (f) leave custodial carts unattended in corridors for more than a few minutes (for safety, security, and aesthetic reasons), (g) leave lights on or doors open in unattended sections, (h) play radios, or other similar devices, at a volume that is audible in other areas of the building, (i) use any School District equipment (e.g., telephones, computers, copiers, TV’s, other media equipment) that is not required to perform duties as detailed in this RFP or Contract, (j) smoke or use any tobacco products on School District property, (k) use or remove any School District owned equipment or supplies outside of the School District’s facilities, or (l) allow visitors, spouses or children of the employees to be at the work site during working hours unless they are bona fide employees of the Proposer or they receive prior approval from the School District’s designee.

4.5 Supplies, Materials and Equipment.

4.5.1 The School District intends to continue providing and procuring all cleaning supplies (e.g., cleaning chemicals) and materials (e.g., paper products) for custodial services. The Proposer shall advise, and timely notify, the School District of the necessary types and quantities of cleaning supplies and materials necessary for the services so that such supplies and materials are procured promptly. The Proposer shall manage the inventory and shall submit to the School District a monthly report detailing all supply consumption (including type and quantity for each facility). Proposer, however, shall provide all equipment necessary for Custodial Services. The Proposer shall provide a complete list by make and model of all equipment needed to provide required custodial services. Except to the extent such equipment is currently owned by the School District and available for the Proposer’s use, the Proposer shall furnish all such equipment at its own cost, which costs shall be included in the bid amount.

Proposer is responsible for maintaining, repairing and replacing all such equipment, regardless of ownership.

4.5.2 To ensure the safety, efficiency, and viable use of School District facilities, the School District reserves the right to accept or reject any equipment items used (or proposed for use) by the Proposer. An acceptable substitute must be immediately furnished for any rejected items.

4.5.3 Proposer shall be responsible for all items stored on the School

District’s premises, including all equipment and supplies.

4.5.4 The School District reserves the right to identify mathematical errors in extensions and additions by the Proposer. The School District’s corrected proposal sum total shall be communicated to the Proposer for the Proposer’s approval.

4.5.5 The School District reserves the right to purchase equipment necessary for the performance of services hereunder.

4.6 Compensation.

4.6.1 In consideration for services, the School District shall pay to Proposer all sums due and owing and calculated in accordance with the bid amount (as may be modified by negotiation, as permitted by law) and the billing methodology prescribed in the Proposal and accepted by the School District.

4.6.2 Proposer shall submit to the School District an invoice for services no more frequently than monthly, seeking payment for services rendered during the preceding month. Statements must provide detail that will allow the School District to verify costs and expenses incurred. The School District shall make payments within thirty (30) days of receiving Proposer’s invoice, unless and to the extent the School District reasonably disputes an invoice in good faith.

4.6.3 In the event the School District’s custodial needs materially change during the applicable term and School District desires to alter the base services provided by the Proposer, including any extensions or renewals hereof, then at the request of either party, the rate(s) of compensation shall be subject to renegotiation.

Accordingly, the Proposer shall formulate its Proposal with the assumption that, in the event of material changes in custodial needs (including, but not limited to, building reorganization, change in scope, change in timing), the economic terms may be subject to renegotiation and, if the parties are unable to reach agreement on such renegotiation, the School District shall have the option of either continuing the services as then applicable or terminating the services altogether, without penalty.

4.6.4 The Proposal pricing shall not include the cost or charges for medical, vision and/or dental insurance (the “Health Benefits”) that may be offered to Contractor’s employees. The School District shall not be responsible for paying Health Benefits to Contractor’s employees or contractors, unless required by law.

4.7 Facilities. Proposer shall store and maintain the supplies, materials, and equipment to be utilized in performing services, and shall maintain an office from which to manage its operations, at facilities located within or in convenient proximity to the business offices of School District. The Proposer may be allowed to use School District facilities, but may be subject to a separate facilities use agreement between the Proposer and the School district.

4.8 Records and Reporting Requirements. The Proposer shall make available at any time to the School District all operating records that the School District may request.

4.9 Termination of Contract.

4.9.1 In addition to any other rights the School District may have, it shall have the right to declare the Proposer in default and terminate the contract if:

4.9.1.1 Proposer becomes insolvent, makes an assignment for benefit of creditors, or if a petition in bankruptcy is filed by or against it;

4.9.1.2 Proposer abandons the work;

4.9.1.3 Proposer refuses to proceed with the work when and as directed by the School District or fails to correct within a reasonable correction period of not more than seven days any unsatisfactory performance after receiving notice from School District of such unsatisfactory performance;

4.9.1.4 Proposer sublets, assigns, transfers, conveys, or otherwise disposes of the agreement other than as herein specified;

4.9.1.5 The School District Board of Education determines that Proposer is, or has been willfully or in bad faith, violating any of the requirements of service;

4.9.1.6 Any applicable laws have been violated by Proposer or its agents, servants, or employees;

4.9.1.7 Proposer fails to comply with the terms of service obligation as to cleaning standards, schedules, or otherwise.

4.9.2 In the event the State of Michigan’s funding levels and related formulas are materially reduced beyond those levels established for the current fiscal year for the School District, the School District reserves the right to terminate the services without penalty and effectuate termination upon providing Proposer with written notice.

4.9.3 The School District shall have the right to terminate the services for any or no cause by providing thirty (30) days’ prior written notice.

4.9.4 In the event of a termination, the Proposer shall be entitled to compensation for those services properly provided to the date of termination. Proposer shall have no right to any special or consequential damages in the event of such termination. Proposer shall be responsible for any damages incurred by the School District from termination due to Proposer’s failure to comply with the terms of its service obligations.

4.10 Hold Harmless/Indemnification Agreement. The Proposer shall hold harmless and indemnify the School District’s and its respective officers, agents, employees and from every claim or demand, including the cost of legal defense, relating to any injury to person or property in any way related to the Proposer’s performance or nonperformance of services under this RFP (or, as applicable, separate contract) regardless of how caused. The Proposer shall notify the School District immediately upon knowledge of any claim, suit, action or proceeding for which the School District may be entitled to indemnification hereunder.

4.11 Taxes. Except to the extent the School District purchases supplies, materials and equipment as allowed under this RFP, the Proposer is responsible for sales tax and any other applicable taxes related to the custodial services provided hereunder.

4.12 Repairs to Property Damage. Damage to any School District facilities or properties caused by the Proposer, its agents or employees shall be repaired so that the facilities or properties are in as good condition as upon commencement of services hereunder. All repairs shall be accomplished at no cost to the School District. Proposer shall report any such damage to the School District within 12 hours of the occurrence.

4.13 Force Majeure.

4.13.1 The Proposer is expected to work on days when normal school operations are closed due to weather-related issues or emergency (such as boiler failure), and may be required to perform selected tasks other than ordinary daily cleaning.

4.13.2 In the event Proposer is unable to provide custodial services herein specified due to circumstances out of its control (other than as set forth in Section 4.13.1), which may include any civil disturbance, fire, riot, war, picketing, strike, lockout, oil or fuel shortage or embargo, governmental action, the School District shall excuse the Proposer from performance. The School District shall have the right to take over the custodial services if the Proposer is prevented from operating for the reasons described above and may provide such custodial services with school employees or other persons, as the School District may deem appropriate until Proposer is able to resume its regular operations. The School District shall receive credit from Proposer for the days the Proposer failed to provide such Custodial Services on a pro-rata basis.

Notwithstanding the foregoing, in the event of a strike, the Proposer shall procure replacement personnel necessary to perform the custodial services.