Custodial Services RFP 2024.pdf

REQUEST FOR PROPOSAL

Custodial Services

February 1, 2024

Prepared by:

Cadillac Area Public Schools

421 S Mitchell Street

Cadillac, MI 49601

REQUEST FOR PROPOSAL - Custodial Services Cadillac Area Public Schools February 1, 2024

REQUEST FOR PROPOSAL CUSTODIAL SERVICES CONTRACT

Deadline for questions: February 16, 2024, 3:00 pm Mandatory pre‐bid meeting: February 23, 2024, 10:00 am Mandatory walk of facilities: February 23, 2024, immediately following pre‐bid meeting Bid due date and time: March 22, 2024, 2:00 pm

Address for pre‐bid meeting: 421 S. Mitchell St Cadillac, MI 49601

E‐mail address for any communications related to this bid:

Emily Kearney, Chief Financial Officer: emily.kearney@cadillacschools.org.

Questions are welcome prior to the pre‐bid meeting via e‐mail.

Please DO NOT walk our facilities prior to the mandatory walk date.

I. SUBMISSION DEADLINE AND PROPOSAL REQUIREMENTS

The date and time for receipt of Proposals is:

Friday, March 22, 2024 at 2:00 pm Bid Opening to follow at 2:05 pm No Late Bids will be accepted

1.1 Proposal Envelope. A 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

The envelope must be addressed and delivered to:

Cadillac Area Public Schools Attention: Emily Kearney Chief Financial Officer 421 S. Mitchell Street Cadillac, MI 49601

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 will be rejected from consideration by the Cadillac Area Public School District (CAPS). Any rejected proposals will be returned to the proposer unopened. CAPS is not liable for any delivery or postal delays.

1.3 Original Proposal and Copies. Each proposal must be an original and hard copy, and signed by an authorized member of the proposer’s firm. Verbal or electronic including faxed or emailed proposals will NOT be accepted. Along with the original, signed proposal, the proposer shall also submit three (3) copies of the proposal.

mailto:emily.kearney@cadillacschools.org

February 1, 2024

1.4 Opening of Proposals. The proposals will be opened at the date and time stated above, by the Chief Financial Officer or designee. No immediate decision will be rendered.

Proposals will not be open to the public, nor disclosed to unauthorized persons prior to award of contract. However, after award of contract, all proposals shall be open to public inspection, subject to any continuing disclosure prohibition under Michigan law.

1.5 RFP Clarifications and Addenda.

1.5.1 Requests for Clarification. Proposers may request clarification of information within the RFP. All such requests shall be made in writing to Emily Kearney at the property address and/or email address given above. A written response to all written requests for clarification will be made no later than Friday, February 16 , 2024, at the end of business.

No requests for clarification will be accepted after 3:00 pm, Friday, February 16, 2024. The responses to any requests for clarification will be provided to all Proposers who filed Intent to Respond or are otherwise on record with the School District as having received an RFP.

1.5.2 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 those providing an Intent to Respond 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, email, or other method. All addenda shall become a part of the RFP. No Addenda shall be issued after the close of business Friday, February 16, 2024. 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.

1.5.3 Availability. Copies of this RFP and any associated addenda may be received from the Cadillac Area Public Schools Business Office between the hours of 8 a.m. and 4 p.m., Monday through Friday, 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 in writing in this RFP, an addendum to this RFP, a request for clarification response, or other another written response.

1.7 Bonding and Security. Each proposal must be accompanied by a bid bond, certified check, or irrevocable letter of credit in an amount of five percent (5%) of the first year’s proposed contract sum as a guarantee of the proposer’s good faith. If a bid bond is posted by a proposer, it shall be from a surety licensed to do business in the State of Michigan and the attorney-in-fact who executes the bid bond on behalf of the proposer shall attach a certified, current copy of its power of attorney. In the event a certified check is submitted, it shall be made payable to “Cadillac Area Public Schools,” and the School District shall not be liable for any interest earned thereon. The

February 1, 2024 security, in whatever form, shall be forfeited in its entirety as liquidated damages, and not as a penalty, if the proposer withdraws its proposal after the due date for submission of proposals or, upon acceptance of its proposal by CAPS, proposer fails to execute the form of Contract, including the provision of insurance and bonds acceptable to CAPS, within fifteen (15) days of an award of the contract to proposer. Good faith deposits shall be returned to all proposers within a reasonable time after the award and execution of a contract by the successful proposer.

1.8 Reservation of Rights. CAPS 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. CAPS 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. CAPS reserves the right, in its sole discretion 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 CAPS on any awarded contract

● Submitting a proposal determined by the CAPS to be unreasonable in price

● A Proposal is received from a proposer determined by CAPS not to be a responsible proposer

● Failure to furnish a bond or security as required by the RFP

● Any other reason deemed relevant by CAPS and which is consistently applied

1.9 Release of Claims. Each proposer submitting its proposal releases CAPS from any and all claims arising out of, and related to, the RFP process and the selection of a contractor.

1.10 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.

1.11 Modification or Withdrawal of Proposals.

1.11.1 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.

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

1.12 Collusive Bidding and Relationship Disclosure.

1.12.1 The proposer certifies that their 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.

February 1, 2024

1.12.2 The proposer shall submit a Familial Relationship Disclosure in substantially the form attached to this RFP.

1.12.3 The proposer shall submit an Iran Business Relationship Affidavit in substantially the form attached to this RFP.

1.13 Mandatory PreBid Meeting and Walk Through.

1.13.1 A mandatory pre bid meeting and walk through will be held on the date and time identified in paragraph 2.1 below.

II. SELECTION TIMELINE, CRITERIA, AND EVALUATION

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

● Release of RFP February 1, 2024

● Deadline for Requests for Clarification and Addenda February 16, 2024, 3:00 pm

● Mandatory Pre Bid Meeting February 23, 2024, 10:00 am

● Proposals Due March 22, 2024, 2:00 pm

● Commencement of Service July 1, 2024

With the exception of the pre-bid meeting and the deadline for Proposal submission, CAPS 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 CAPS 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 CAPS making an informed decision relative to the Proposal.

2.2.1 Bid security as required by Section 1.7.

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

2.2.3 The proposal shall include a cover letter, including a brief executive summary, the legal name of the proposer, and a statement of whether the proposer is a sole proprietor, 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.

2.2.4 The proposed contract cost shall be identified on, and in compliance with, the proposal form attached hereto as Attachment B.

February 1, 2024

2.2.4.1 The proposed contract cost shall be identified as a total dollar amount, but the proposer shall provide an adequate explanation how its costs have been computed.

2.2.4.2 Alternative pricing shall be provided for all of the following:

2.2.4.2.1 The additional cost of providing services for three additional one-year terms, which may be authorized at CAPS’ sole option.

2.2.4.2.2 The additional cost of providing a performance bond as further discussed in Section 2.4.4.

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

2.2.5 The proposer’s representative shall attest 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, supplies, materials and equipment described in the RFP and in accordance with all terms and conditions without exception.

2.2.6 The proposer shall submit a statement of the proposer’s qualifications, including any detailed evidence that they are currently providing custodial services for other K-12 school districts of similar size and scope as that of CAPS.

2.2.7 If applicable, the proposer shall acknowledge in writing all Addenda received and reviewed prior to submission of its proposal.

2.2.8 The proposal shall include background information and qualifications of the personnel who will be involved with CAPS, including a list of proposed management staff, describe the chain of command and reporting relationships, and include an organizational chart (including where any School District liaison or representative would be placed).

2.2.9 The proposer shall acknowledge the at-will status of management and staff as further described herein.

2.2.10 The proposer shall provide a list of training programs, if any.

2.2.11 The proposer shall describe in detail any experience with respect to the conversion of custodial services from a local, public school district or competing custodial service provider to the proposer as a contracted service provider. The proposer shall further describe how they will assist CAPS in this regard and its customer relations philosophy with respect to the same.

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2.2.12 The proposer shall provide a list of at least three (3) references, including contact names, addresses, and phone numbers, from separate entities, particularly including, if applicable, separate entities who have contracted with proposer to convert from another contracted service custodial service to the proposer’s custodial program. If the proposer has contracted within a school setting, the proposer shall provide that school as a reference.

2.2.13 The proposer shall provide evidence of its ability to furnish insurance required by this RFP and its financial stability, including an audited financial report for the three most recent fiscal years.

2.2.14 The proposer shall acknowledge and agree to comply with all applicable federal, state, and local laws, rules, regulations, 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 found in the Revised School Code.

2.2.15 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 same, working conditions, employment practices, and mistreatment of pupils or others. It is not contemplated that workers compensation or unemployment proceedings be discussed pursuant to this section.

2.2.16 The proposer shall provide a written schedule identifying the number of employees designated per building for each day and the number of hours each employee will work therein. The proposer shall also provide the number of reserve staff available to meet minimum staffing requirements. Such information shall be considered the minimum acceptable number of employees and hours per employee upon award of the Contract.

2.2.17 The proposer, to demonstrate financial stability, shall provide a certified letter of good standing for a line of credit from a reputable financial institution in the amount of $750,000 or more. This letter must be dated as current, within the last six months prior to this RFP.

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

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 CAPS in the most efficient and cost-effective manner possible while, at the same time, maintaining high performance standards and reliability. Complete custodial services, for purposes of this RFP process, is defined as all work previously completed by CAPS in-house custodial staff and currently completed by the contracted custodial service provider. It is acknowledged that every aspect of the operation may not be detailed in this RFP. The proposer

February 1, 2024 must document their expertise, experience, and approach based on their understanding of the CAPS’ requirements.

2.3.1 CAPS 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, CAPS shall take into consideration those criteria listed in Section 2.2 and any other consistently-applied information CAPS deems necessary.

2.3.2 CAPS reserves the right, but shall not be obligated, to select one or more proposers for post-proposal discussions and negotiations. Such discussions and negotiations, if they occur, will involve only proposers who submit proposals falling within a competitive range to be determined by CAPS. 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 CAPS 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 A contract may be awarded on the proposal as submitted. CAPS may elect to negotiate as to technical performance or price, or both, with proposers whose proposals fall within a competitive range as defined by CAPS.

2.4.2 The award of a contract is contingent upon securing an acceptable proposal, as determined within CAPS’ sole discretion. A contract shall be binding and enforceable only upon the following conditions: (a) successful negotiation of terms in accordance with Section 2.4.1, if applicable, and (b) authorization by CAPS’ Board of Education.

2.4.3 The contract shall be for an initial thirty-six (36)- month term, commencing July 1, 2024, and concluding June 30, 2027, with CAPS having the right to renew the contract, in its sole and absolute discretion, on a yearly basis, for up to two (2) additional years. 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 with or without cause.

2.4.4 Any selected proposer may be required to provide a performance bond in an amount equal to one hundred percent (100%) of the proposed contract sum. The decision to require a performance bond rests solely with CAPS. CAPS will allow for an additional cost for the performance bond, but only if the proposer identified such additional cost as an add-alternate, as required above. If required, the bond shall be written in a form acceptable to the CAPS and shall be delivered to CAPS prior to the date of performance. CAPS

February 1, 2024 reserves the right to negotiate the terms of the performance bond, for example, to base the cost on only the first year of service.

2.4.5 Insurance.

2.4.5.1 The proposer shall insure jointly the liability of itself, CAPS, 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 CAPS prior to execution of the contract. Failure to do so shall be a justifiable basis to act against the proposer’s bid security.

2.4.5.2 The proposer shall maintain insurance coverage satisfactory to CAPS, including coverage limits, deductibles, and other terms as set forth below during the term of the contract. The proposer shall furnish evidence thereof to CAPS 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 CAPS and 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 CAPS as an additional insured. The proposed insurance provider(s) must be recognized to do business in the State of Michigan.

2.4.5.3 The proposer shall maintain such public liability insurance that will protect the proposer from any claims for damages for personal injury, including death, and damage to property that may arise from operations under, related to, or about the contract.

2.4.5.4 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.

2.4.5.5 The following types of insurance, limits of liability, and policy extensions are required of the proposer.

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 $ 1,000,000 General Aggregate $ 2,000,000 Products & Completed Operations Aggregate $ 2,000,000

February 1, 2024

Personal Injury & Advertising Injury $ 1,000,000 Fire/Legal $ 500,000

Comprehensive Automobile Liability Insurance (owned, hired, and non-Owned automobiles)

Bodily & Property Damage $ 1,000,000 Combined Single Limit

The proposer shall not commence work under the contract until all insurance stated in these specifications is obtained and CAPS has reviewed all associated insurance policies.

2.4.6 The Contract shall incorporate the terms of, and the proposer’s responses to, this RFP, subject to: (a) CAPS’ 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 2.2.17. In the event of any inconsistency between the contract and the RFP and response, the greater quantity and/or quality of service shall be contractually required of the proposer. Any submitted proposal is an offer to enter into a contract based upon the foregoing.

III. SCHOOL DISTRICT PROFILE AND OVERVIEW

Schools/Buildings: Square Feet Forest View Elementary School 30,662 Franklin Elementary School 53,500 Lincoln Elementary School 63,926 Mackinaw Trail Middle School 137,888 Cadillac High School 241,198 Viking Learning Center (Early Childhood) 19,840 High School Annex 7,534 Administration Building (thru Dec 2024) 15,350 Bus Garage/Maintenance 4,000

District Total 573,898

Students:

2023/2024 Enrollment (FTE Count) 3061.70 Projected increase/decrease in future enrollment Increase of 6/year (appx)

Staff:

Number of Current Contracted Custodial Staff 23 Number of Current Contracted Custodial Supervisory/Training Staff 1

IV. DESCRIPTION OF SERVICES

4.1 Generally. Proposer shall, during the term of the contract, furnish all management, supervision, supplies, equipment, services, and necessary insurances required to provide all

February 1, 2024

CAPS custodial services in accordance with this RFP and as currently provided to the District, at least at the same or similar service level as currently provided to the School District, including:

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

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

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

4.1.4 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 provided pursuant to the contract. 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, bullying, and smoking. As mandated by the Revised School Code, criminal history and criminal record checks must be done on all employees providing services under the contract, 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.

4.1.5 Proposer agrees that all work to be performed under the RFP will be performed by the proposer’s employees and none of the duties or responsibilities will be subcontracted.

4.2 Management.

4.2.1 The Proposer shall provide management staff to coordinate all proposer functions described in the RFP. These staff members shall ensure that the CAPS’ custodial needs are smoothly and efficiently met. The proposer must employ qualified individuals who will be able and available to meet the CAPS’ custodial needs. The proposal shall include a list of the proposed management staff, 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 minor tasks, (b) be authorized to act as the proposer’s agent in all communications related to the contract and RFP, (c) have experience supervising cleaning and maintenance staff, (d) have authority to schedule working hours, assignments, and cleaning procedures, (e)

February 1, 2024 cooperate with CAPS’ administrators, and (f) be available for inspections, upon request, at times other than normal working hours.

4.2.3 Once assigned, an on-site manager shall not be removed by proposer without prior written consent of CAPS. The proposer shall, on the written direction of the CAPS, remove and replace any and all proposed management staff from the provision of services to

CAPS.

4.2.4 The proposer’s management staff shall advise CAPS 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 RFP.

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 custodial needs as described by CAPS. Service shall be provided a minimum of five (5) days per week including summer and other breaks.

Service during the summer shall at a minimum include a thorough summer cleaning, cleaning of lockers, and other services required by CAPS or described herein. If necessary to meet performance obligations and standards, cleaning may occur on weekends. Complete custodial services, for purposes of this RFP process, are defined as all work previously completed by CAPS in-house custodial staff and currently completed by the contracted custodial service provider.

4.3.1.2 As requested by CAPS, the proposer shall provide other custodial services at no cost when such services are within the scope of this RFP (and/or Contract) and do not conflict with regular service obligations.

4.3.1.2.1 Additional duties include, but are not limited to:

● Clearing and maintaining all building entrances, fire exits, loading dock areas, and sidewalks of snow and ice during winter months (please refer to Attachment I).

● Walking building grounds weekly, or as needed, removing litter and trash and disposing of it properly.

● Maintain exterior trash receptacles.

4.3.1.3 Regardless of the minimum specified hours, it is the proposer’s responsibility to maintain the standard of cleanliness required by CAPS by adhering to the guidelines attached to this RFP. 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 on a daily basis.

4.3.1.4 Extracurricular and Weekend Activities. The proposer will be responsible for furniture setup and takedown (when appropriate) for any extracurricular activity needs, sporting events, or rental agreements that occur at CAPS’ facilities. The

February 1, 2024

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 CAPS for extracurricular and weekend activities. Special events may require the proposer to modify the cleaning schedule to accomplish set up and breakdown of those special events (parent teacher conferences, community schools rentals, 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 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 will 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 CAPS designee. Itemized bills should include the date of the service, hours worked, the employees who worked and 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 CAPS, remove and replace any and all proposed staff at will from the provision of services to

CAPS.

4.3.3 Changes in School Schedules.

4.3.3.1 The CAPS shall receive a 100% daily discount from the daily rate being charged the School District by the proposer for custodial services under the terms of the contract on those days when CAPS deems it unsafe for staff in be in the building or to be commuting, or any other lawful reason, provided that CAPS has notified the contractor by 6:00 a.m. of the day the schools originally scheduled to be open are to be closed.

4.3.3.2 The proposer shall cooperate with CAPS to maintain good public relations with the community. The proposer shall seek to maintain a positive image within the community.

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

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4.3.5 CAPS has the right to Contract Separately. The CAPS expressly retains the right to contract separately with other vendors or entities for any custodial services not expressly awarded to proposer by the contract.

4.4 Employee Requirements.

4.4.1 The proposer shall provide an adequate staff of experienced personnel, capable of and devoted to the successful accomplishment of the custodial services to be performed under the contract. The proposer shall perform the services set forth in the contract at time periods as approved by CAPS’ designee. Safety of students and staff and unimpeded delivery of the instructional programs will determine the authorized work periods.

4.4.2 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 the contract. The pre-employment interview and/or screening program shall be designed to assist the proposer in determining the candidate’s suitability for work in the custodial setting. The 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 CAPS pursuant to the contract.

4.4.3 Transfer. Upon request by CAPS, the proposer shall consult with the School District concerning the continuing assignment of employees to provide services to a specific building or to the School District. Any proposer employee deemed by CAPS 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 outside of the CAPS District or terminated if the proposer deems termination appropriate.

Such transfer, if based only on School District determination, shall be without stigma or negative connotation.

4.4.4 During the course of the contract, a meeting may be called at any time by the proposer or CAPS to review the quality of the custodial services provided or any other issue that may arise, including, but not limited to, the performance of any particular employee(s).

4.4.5 All of proposer’s employees are to present themselves in an appropriate manner and attire consistent with CAPS’ and the proposer’s requirements. CAPS reserves the right to seek removal of any employee of the proposer whose moral conduct, behavior, health habits or appearance are unsatisfactory as determined by the School District. All of the proposer’s employees should be: (a) able to read, write and understand directions, (b) able to inspect, see, and report maintenance needs, (c) able to interact positively, courteously, and appropriately with students, school employees and the public, (d) competently trained in the area of work assigned, (e) cooperative with School District staff and other employees,

(f) alcohol and drug free when arriving for, and while on, duty, and (g) punctual. 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

February 1, 2024 for all non-supervisory employees, to enable CAPS to identify which staff is in a facility at any particular time. The proposer shall provide at least 48 hours notice, communicated to the building administration and central office before new employees are placed in any CAPS’ facility. CAPS reserves the right to perform any independent background checks on proposer’s employees, consistent with applicable laws.

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 CAPS’ facilities, (d) disturb papers on desks, open drawers or cabinets, use or tamper with personal property owned by CAPS 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 (i.e.: telephones, computers, copiers, TV’s, VCR’s) that is not required to perform duties as detailed in this RFP or contract, (j) smoke or use any tobacco products on CAPS’ 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 CAPS’ designee.

4.5 Supplies, Materials and Equipment.

4.5.1 Except as set forth below, Proposer shall furnish all supplies, materials and equipment, with the exception of plow trucks, to be used in its performance of the contract and all such costs should be included in the proposed contract sum, and shall also be stated as a separate unit price. Proposer shall be responsible for all items stored on the school district’s premises. Unless and until the School District advises otherwise in writing, CAPS shall provide, at its cost, all consumable paper products, including paper towers, toilet paper and trash liners.

4.5.2 Proposer is required to submit a complete list by brand name and product number of all supplies and equipment to be used in fulfilling the contract. The CAPS reserves the right to accept or reject any such items. An acceptable substitute must be immediately furnished for any rejected items.

4.5.2.1 The proposer shall provide, to the District Director of Maintenance, Safety Data Sheets for all cleaning supplies containing chemicals regulated by OSHA/MIOSHA, or any other supplies deemed potentially hazardous.

4.5.3 Proposer shall submit and update as necessary an inventory of equipment, including make, model, and storage/use location, and forward a copy of same to CAPS as revised.

Proposer shall provide, with its proposal, its process for repair, replacement and preventative maintenance for equipment. Equipment must be in good or excellent working order. Replacement equipment will be provided within 1-2 business days for any non-working or broken equipment for the duration of repair/replacement.

February 1, 2024

4.5.4 The CAPS reserves the right to correct mathematical errors in extensions and additions by the proposer. CAPS’ corrected proposal sum total shall take precedence over the proposer’s inaccurately computed proposer sum total.

4.5.5 CAPS reserves the right to purchase supplies, materials, and equipment necessary for the performance of this contract and to reduce amounts due to Proposer with respect to the same.

4.6 Compensation.

4.6.1 In consideration for services, CAPS shall pay to proposer all sums due and owing and calculated in accordance with the proposed contract sum (as may be modified by negotiation) and the billing methodology prescribed in the proposal and accepted by CAPS.

4.6.2 Proposer shall submit to CAPS 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 CAPS to verify costs and expenses incurred. CAPS shall make payments within thirty (30) days of receiving the proposer's invoice, unless and to the extent CAPS reasonably disputes the same in good faith.

4.6.3 In the event the CAPS’ custodial needs materially change during the term of the contract and CAPS desires to alter the base services provided by the proposer as described in the contract then at the request of either party, the rate(s) of compensation payable under the contract 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 of the contract shall be subject to renegotiation and, if the parties are unable to reach agreement on such renegotiation, CAPS shall have the option of either continuing the contract as then applicable or terminating the contract.

4.7 Facilities. Proposer shall safely 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 a location approved by CAPS. Supply closets are to be organized, well-maintained and clean. The proposer shall provide, to the District Director of Maintenance, Safety Data Sheets for all cleaning supplies containing chemicals regulated by OSHA/MIOSHA, or any other supplies deemed potentially hazardous.

4.8 Records and Reporting Requirements The proposer shall provide final cost reports on a minimum quarterly basis and any other information agreed to by CAPS and the proposer on a mutually agreeable time frame. The proposer shall make available at any time to CAPS all operating records that CAPS may request.

4.9 Termination of Contract.

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

February 1, 2024

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 CAPS or fails to correct within a reasonable correction period of not more than seven days any unsatisfactory performance after receiving notice from CAPS 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 CAPS Board of Education determines that proposer is, or has been willfully or in bad faith, violating any of the provisions of the contract;

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

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, CAPS reserves the right to terminate the contract.

4.9.3 The CAPS shall have the right to terminate the Contract with or without 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 of any special or consequential damages in the event of such termination.

4.10 Hold Harmless/Indemnification Agreement. The proposer shall hold harmless and indemnify CAPS, its respective officers, agents, and employees 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 the contract or this RFP, as applicable, regardless of how caused. The proposer shall notify CAPS immediately upon knowledge of any claim, suit, action or proceeding for which the CAPS 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 under this contract.

4.12 Repairs to Property Damage. Damage to any CAPS’ 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 before entering into the contract. All repairs shall be accomplished at no cost to

CAPS.

February 1, 2024

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. On such days, CAPS may permit afternoon shift employees to begin work at an earlier start time with prior approval.

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, labor dispute, oil or fuel shortage or embargo, governmental action, CAPS shall excuse the proposer from performance under this contract. CAPS 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 CAPS may deem appropriate until proposer is able to resume its regular operations. CAPS shall receive a 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.

If the proposer does not procure such replacement personnel, the District may procure the same and deduct the associated costs and expenses from the amounts owed to the proposer, or terminate this contract. A change in market conditions does not constitute force majeure.

4.13.3 If one or more buildings are closed for more than three consecutive days for any force majeure reason, the CAPS may request that custodial services be temporarily suspended in the applicable building(s). If this occurs, the School District’s bill for that month shall be reduced by a prorated amount for the buildings that were closed.

4.14 Absenteeism. Absenteeism can significantly and adversely affect the quality of services received by CAPS. The proposer must maintain qualified substitutes with the required background checks, available at short notice, to ensure that CAPS is adequately staffed in the event of illness or injury. The proposer shall provide a substitute back-up plan to CAPS for such purpose. The proposer is required to inform the building principal or other identified School District designee when there will be a change of employees for absence purposes. If the absence is expected to last more than three consecutive work days, the proposer is also required to inform the Director of Operations or other identified School District designee. If the proposer’s on-site/working supervisor is unavailable under the contract for any substantial period of time (i.e., more than two consecutive work days), the proposer shall immediately inform the Director of Operations or other identified School District designee of the absence, the reason for the absence, and how the proposer will ensure completion of the on-site/working supervisor’s work. CAPS reserves the right to audit payroll records and/or time cards of the proposer and its employees.

4.15 Uniforms and Identification. All custodial employees performing services pursuant to this RFP and contract are required to:

February 1, 2024

4.15.1 Wear distinctive and matching uniforms, satisfying the following: (i) are neat and clean, (ii) include collared shirts, long sleeve or short sleeve, that are consistent in color and style among all employees, (iii) include pants that are of a coordinating color and style, (iv) footwear must be safe, sensible, in good order and clean.

4.15.2 Wear a clearly readable identification badge, approved by CAPS, on the front of the uniform shirt.

4.15.3 Employees are expected to maintain a high level of personal hygiene at all times.

Hair should be neat, tidy and well groomed. Body and mouth odors should be addressed by being freshly showered and the use of deodorants and toothpaste/mouthwash before the start of a working day.

In the event that the proposer fails, neglects or refuses to conform with the above requirements, the contract may be subject to immediate termination by CAPS.

4.17 Schedule Changes. CAPS reserves the right to change any and all custodial service schedules with seven (7) calendar days advance notice to proposer. The proposer shall notify the school district immediately of conditions which will limit hours or decrease the daily work crews, such as illness or injury. The proposer must be able to perform all work missed due to employee illness or other absence by 10:00 p.m. Sunday evening to ensure orderly instruction the following week. In addition, the proposer shall notify CAPS’ designee in advance of any condition or situation, which will affect the performance of the work under the contract. In either case, the proposer shall communicate how the affected work will be rescheduled.

4.18 Independent Contractor Status. It is expressly acknowledged and agreed between proposer and CAPS that proposer will act as an independent contractor in the performance of its duties under the contract and under no circumstances shall any of the employees of one party be deemed the employees of the other for any purpose.