Custodial Services RFP Attachment A-H.pdf

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

Attachment A – Familial Disclosure Form

AFFIDAVIT OF ______________________________

(insert name of affiant)

STATE OF MICHIGAN )

)ss

COUNTY OF _________________ )

___________________________________ makes this Affidavit under oath and states as follows:

(insert name of affiant)

1. I am a/the:

President Vice-President Chief Executive Officer Member Partner Owner Other (please specify) ________________________ of , ____________________________ a bidder for custodial services for Cadillac Area Public Schools.

(insert name of contractor)

2. I have personal knowledge and/or I have personally verified that the following are all of the familial relationships existing between the owner(s) and the employee(s) of the aforementioned contractor and the school district's superintendent and/or board members:

3. I have authority to bind the aforementioned contractor with the representations contained herein, and I am fully aware that the school district will rely on my representations in evaluating bids for the custodial services.

4. I declare the above information to be true to the best of my knowledge, information and belief. I could completely and accurately testify regarding the information contained in this affidavit if requested to do so.

(signature of affiant)

Dated: ________________

Subscribed and sworn before me in _________________ County, Michigan, on the ___ day of _________________, 2024

____________________________________________(signature)

_____________________________________________ (printed)

Notary public, State of Michigan, County of ________________

My Commission expires on _____________________________

Acting in the County of ________________________________

February 1, 2024

Attachment B - AFFIDAVIT OF COMPLIANCE – IRAN ECONOMIC SANCTIONS ACT

Michigan Public Act No. 517 of 2012

The undersigned, the owner or authorized officer of the below-named contractor (the “Contractor”), pursuant to the compliance certification requirement provided in the Cadillac Area Public Schools (the “School District”) Request For Proposals (the “RFP”), hereby certified, represents and warrants that the Contractor *(including its officers, directors and employees) is not an “Iran linked business” within the meaning of the Iran Economic Sanctions Act, Michigan Public Act No. 517 of 2012 (the “Act”), and that in the event Contractor is awarded a contract as a result of the aforementioned RFP, the Contractor will not become an “Iran linked business” at any time during the course of performing any services under the contract.

CONTRACTOR:

Name of Contractor

By: ____________________________

Signature:_______________________

Its: ____________________________

Date:___________________________

STATE OF ________________________________)

)ss.

COUNTY OF ______________________________)

This instrument was acknowledged before me on the _____day of ________________, 2024.

by________________________________.

,Notary Public

____________County, Michigan

My Commission Expires:______________

Acting in the County of ______________

February 1, 2024

Attachment C – Proposal Form

Proposer shall provide necessary information including but not limited to the information below. Proposer can attach additional pages as necessary to provide additional information or explanation.

Proposer Information:

Pricing Terms:

Base Bid: $_____________________________________________

Required Alternate No. 1: (plus/minus) $___________________________________

Required Alternate No. 2: (plus/minus) $___________________________________

Required Alternate No. 3: (plus/minus) $___________________________________

Required Alternate No. 4: (plus/minus) $___________________________________

Optional Alternates: ______________________________________

Include a Proposed Staffing Chart

Proposed Annual Days/Hours _____________________/_________________

Daily Rate (per Section 4.3.3.1) $_____________________________________

Hourly Rate (for any additional services) $_____________________________________

Specifically Identify Any Exceptions to this RFP:

February 1, 2024

Attachment D – Form of Contract

AGREEMENT FOR CUSTODIAL SERVICES

This Services Agreement (“Services Agreement” or “Agreement”) made this ____ day of __________, 2024 by and between Cadillac Area Public Schools, a Michigan general powers school district, organized and operating pursuant to the terms of the Revised School Code, whose address is 421 S. Mitchell Street, Cadillac, Michigan 49601 ("District") and ________________________, a Michigan ______________, whose address is ___________________________ ("Contractor").

RECITALS

WHEREAS, the District is organized and operated under the Michigan Revised School Code and has the powers, authority and duties established therein, specifically including the authority to engage independent contractors to carry out its powers; and

WHEREAS, the District is engaged in providing public educational services and programs and desires to engage Contractor to provide custodial services in connection with the District’s educational programming and service delivery; and

WHEREAS, Contractor is a corporate entity and has the expertise, training, capacity and qualifications to perform the services contemplated under this Agreement.

NOW THEREFORE, in consideration of the mutual promises and benefits contained herein, the parties agree as follows:

SECTION 1

DESCRIPTION OF SERVICES –

RELATIONSHIP OF PARTIES

1.1 Contractor shall provide the Services described in the relevant Custodial Services Request for Proposal ("RFP"), which is incorporated herein by reference, pursuant to the terms and conditions of this Agreement. In the event of any inconsistency among this Agreement, the RFP, accepted portions of Contractor's response to the RFP, or any attachments thereto (including any cleaning standards or schedules) the terms most favorable to the District shall apply. The District shall determine, in its sole discretion, which terms are most favorable to the District. The District does not agree to use Contractor exclusively for the services contemplated under this Agreement or otherwise. It is understood and acknowledged that the District is free to use its own employees or to contract for similar services to be performed by other persons or entities so long as said services do not interfere with the performance or obligations of the parties under this Agreement.

1.2 Personnel assigned by Contractor to perform services under this Agreement for the District shall be, as applicable, fully certified, licensed, approved and otherwise qualified to perform the functions assigned pursuant to and in conformance with the provisions of the Michigan Revised School Code, and other applicable statutes and regulations, pertinent to the work performed under this Agreement. Contractor will not furnish any personnel to the District who would be ineligible for employment by the District if such person(s) were instead employed directly by the District under the above statutory and regulatory provisions.

February 1, 2024

1.3 Pursuant to the requirements of Sections 1230 and 1230a of the Revised School Code, the District shall perform a criminal history check through the Michigan State Police, as well as a criminal records check through the Federal Bureau of Investigation, with regard to all persons assigned by Contractor under this Service Agreement to regularly and continuously work in any of the District’s facilities or at program sites where the District delivers educational programs and services.

Contractor agrees that it shall not assign any of its employees, agents or other individuals to perform any services under this Agreement where such individuals would regularly and continuously work in the District’s facilities or program sites if such person has been convicted of any of the following offenses:

A. Any “listed offense” as defined under Section 2 of the Sex Offenders Registration Act, MCL 28.722; or B. Any offense enumerated in Sections MCL 380.1535a or 380.1539b of the Revised School Code, MCL 380.1535a; 380.1539b; or C. Any felony. Provided, that with prior written approval of the Superintendent of the District and of its Board of Education an individual who has been convicted of a felony (other than a “listed offense” as defined above) and who is regularly and continuously providing services under this Agreement at the District facilities or program sites may be permitted to perform such services when, in the judgment of the Superintendent and Board of Education of the District, that individual’s presence will not pose a danger to the safety or security of the District students or employees; or D. Any misdemeanor conviction involving sexual or physical abuse as those terms are defined in Sections 1230(10) and 1230a(8) of the Revised School Code.

E. Any offense of a substantially similar enactment (to those enumerated in A-D, above) of the United States or another State; or F. Any other offense that would, in the judgment of the District, create a potential risk to the safety and security of students serviced by the District or to employees of the District.

The District reserves the right to refuse Contractor’s assignment of any individual, agent or employee of Contractor to render services under this Agreement where the criminal record history of that individual (including any pending felony charges) indicate, in the District’s judgment, unfitness to perform services under this Agreement.

Upon request of Contractor, and on the condition that Contractor’s agent or employee has given written consent, the District will provide to Contractor a copy of the criminal history check and criminal records check pertaining to the employee or agent of Contractor giving such written consent, pursuant to the authorization set forth in Sections 1230(10) and 1230a(8) of the Revised School Code.

The parties agree that the District shall not be responsible for the costs associated with the criminal history checks and criminal records checks required pursuant to the terms of this Agreement and which are accomplished in order to comply with Sections 1230 and 1230a of the Revised School Code with respect to Contractor’s employees and agents.

1.4 In the performance of services under this Agreement, Contractor (its agents, contractors and employees) shall be regarded at all times as performing services as independent contractors of the District.

Consistent with that status, Contractor reserves to itself the right to designate the means and methods of accomplishing the objectives and purposes of this Services Agreement and the District shall not exercise (or have the right to exercise) control or direction over the means and methods utilized by Contractor in providing services under this Agreement.

February 1, 2024

1.5 Contractor shall be regarded, designated and considered to be the employer with respect to all individuals whom Contractor may select and assign to provide Services under this Agreement. Contractor shall be exclusively and solely responsible for compensating, hiring, retaining, evaluating, disciplining, dismissing and otherwise regulating the employment conditions, employment rights, compensation and other similar matters relative to all individuals whom Contractor utilizes in connection with providing Services under this Agreement.

Contractor shall pay all salaries, wages, benefits, pension or retirement contributions, payroll and other taxes to or on account of its employees or agents arising out of or resulting from services performed under the terms of this Agreement. The District shall not be liable for the payment of any such salaries, wages, benefits, pension or retirement contributions, payroll or taxes thereon for or on behalf of any Contractor employee or agent. Contractor employees and agents are not entitled to receive any compensation, benefits or other amenities in any form from the District, including, but not limited to, mileage, conference fees and other expenses.

Contractor acknowledges and agrees that it is the sole and exclusive responsibility of Contractor to make the requisite tax filings, deductions and payments to the appropriate federal, state and local tax authorities for and on behalf of all persons employed by Contractor to provide services under this Agreement. No part of Contractor’s invoiced fees shall be subject to withholding by the District for payment of any taxes, social security, pension, retirement, unemployment or worker's compensation insurance or any other similar tax obligations.

Contractor shall be solely and exclusively responsible for any taxation consequences to it or its agents or employees as a result of Contractor’s engagement under this Agreement. Contractor agrees to defend, indemnify and hold the District harmless from any and all such claims.

1.6 To enable the District to comply with its reporting obligations under the Michigan Public School Employees Retirement Act, 1980 PA 300, as amended, Contractor: (1) shall promptly notify the District in writing of the identity of any individual employed or assigned by Contractor to perform services at the District that is a retiree from the Michigan Public School Employees Retirement System (MPSERS); and (2) shall provide information on a pay period basis regarding any such individual’s wages or amounts paid and hours of service under this Agreement, as necessary for the District to report on a schedule and in such manner as may be determined from time to time by MPSERS. MCL 38.1342(6).

1.7 Contractor shall be responsible for answering, defending and/or resolving any and all claims arising from the assignment and performance of its employees or agents to carry out the services under this Agreement.

These claims shall include, but shall not be limited to: proceedings before the Michigan Employment Relations Commission; the National Labor Relations Board; proceedings for unemployment compensation benefits;

claims for workers’ compensation disability benefits; claims of unlawful discrimination brought before any state or federal agency or court; claims or grievances for breach of contract; and any other claims of whatsoever kind or character arising from or which are attributable to the performance of services by employees or agents of Contractor in connection with this Service Agreement.

All costs (including legal fees) incurred in connection with the defense of the foregoing matters and any judgments resulting therefrom shall be the sole and exclusive responsibility of Contractor.

February 1, 2024

1.8 Contractor agrees that the individuals it assigns to the District under this Agreement will abide by those policies of the District which are applicable to performance of services under this Agreement including, but not limited to, policies pertinent to:

A. Corporal punishment/physical contact with students;

B. Non-discrimination;

C. Child abuse and child neglect reporting;

D. Sexual harassment;

E. Confidentiality of student records and student record information;

F. Bloodborne pathogens exposure control;

G. Administration of medication to pupils;

H. Communicable diseases;

I. Alcohol/controlled substance possession and use;

J. Copyright; and K. Emergency Procedures (Fire Drills, evacuations).

A copy of the above policies will be provided to Contractor by the District upon request and as applicable.

Contractor and the District will cooperate in orientation of Contractor’s employees to the above policies.

1.9 Contractor agrees that the individuals it assigns to the District under this Agreement will adhere to professional standards and will perform all services required under this Agreement in a manner consistent with generally accepted proficiency and competency for the type and nature of services rendered. Contractor represents that it has secured or will secure the necessary licenses, approvals, permits and regulatory authorizations to provide the services contemplated in this Agreement.

SECTION 2

TERM OF AGREEMENT AND TERMINATION DURING TERM

2.1 This Service Agreement shall commence on the date described in the RFP (“Effective Date”) and remain in full force and effect until the date of termination described in the RFP.

2.2 This Service Agreement may be terminated by the District for any reason during its term upon thirty

(30) days written notice to the Contractor.

In the event that this Agreement is terminated during its term pursuant to this provision, the District will pay Contractor for its services properly performed under this Agreement up to and including the effective date of termination. Any funds remitted by the District to Contractor in excess of the pro-rata charges for services performed by Contractor up to and including the effective date of termination will be returned to the District by Contractor. Any such amounts owed by either party to the other shall be paid within thirty (30) days of the effective date of termination of this Service Agreement.

2.3 Sections 1.5, 1.7, 4 and 5 of this Agreement survive the expiration or termination of this Agreement for any reason.

February 1, 2024

SECTION 3

FEES, INVOICE AND PAYMENT

3.1 In consideration of the services provided to the District by Contractor under this Agreement, the District will pay Contractor at the rate and upon the terms and conditions described in the RFP and any accepted terms in the response thereto.

3.2 Contractor shall submit to the District on a monthly basis an invoice setting forth all applicable charges for the billing interval, itemized by date and service rendered.

The District will remit payment on undisputed invoices or undisputed portions of invoices within thirty (30) days of invoice date. If the District disputes the accuracy of any invoice delivered by Contractor, the District shall deliver a written notice and explanation of such dispute to Contractor. Contractor shall meet with the District to review the invoice and account within ten (10) business days.

3.3 Contractor shall have sole and exclusive responsibility for the following costs and charges attributable to the persons it assigns to provide Services under the terms of this Agreement:

A. All wage payments.

B. All required statutory or contractual pension and retirement contributions.

C. All applicable state and federal employment taxes and FICA.

D. All unemployment taxes and costs (whether by commercial or self-insurance) attributable to or arising from the performance of services by Contractor’s employees or agents pursuant to this Agreement.

E. All applicable premium costs for insurance coverages and programs applicable to Contractor’s personnel.

F. All expenses.

SECTION 4

LIABILITY, INSURANCE AND INDEMNITY

4.1 Contractor shall indemnify and hold the District (and its officers, trustees and agents) harmless from and against all liabilities, damages, fines, penalties, demands, forfeitures, claims, suits, causes of action or any other liabilities or losses, including all costs of defense, settlement and prosecution along with attorney, expert and other professional fees, arising out of or related to any negligence, wrongful act or breach of this Agreement or the obligation of Contractor or any of its employees or others for whom it is responsible in connection with the performance of this Agreement.

Contractor shall be solely and entirely responsible for its acts and omissions and for the acts and omissions of Contractor’s agents, employees and subcontractors in connection with the performance of Services under this Agreement and agrees to defend and indemnify the District from any and all such claims and/or judgments resulting from such acts or omissions.

The above promise of indemnity and defense shall not apply to liability which results from the sole negligence, wrongful act or breach of this Agreement by the District or its employees or agents.

4.2 Contractor agrees to obtain and maintain throughout the term of this Agreement (or any renewal term) insurances of the types and amounts described in the RFP.

February 1, 2024

SECTION 5

CONFIDENTIALITY

5.1 Contractor agrees that it shall observe the policies and directives of the District to preserve the confidentiality of student records and student record information, to the extent that Contractor (its employees and agents) are permitted to access student records or student record information protected by the Family Educational Rights and Privacy Act or the Individuals with Disabilities Education Act in the course of performing services under this Agreement.

SECTION 6

INTELLECTUAL PROPERTY

6.1 All drawings, writings, inventions or any other materials produced by Contractor (including its employees and agents) in the course of performing work in the District under this Agreement, shall be the property of the District and shall be provided to the District prior to the termination of services under this Agreement. Contractor agrees that it and its employees, agents, and successors or assigns will execute any document or agreement necessary to effect these property rights without delay or cost to the District.

SECTION 7

NON-DISCRIMINATION

7.1 The parties to this Agreement agree not to discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment, or a matter directly or indirectly related to employment, due to race, color, religion, sex, national origin, genetic information, pregnancy, age, height, weight, disability, marital status or veteran status.

7.2 The parties further agree not to discriminate against any student or other recipient of services under this Service Agreement due to race, color, religion, sex, national origin, or disability in the delivery of programs and services rendered under this Service Agreement.

7.3 Breach of covenants recited in this Section shall be regarded as a material breach of this Service Agreement.

SECTION 8

MISCELLANEOUS

8.1 Neither party shall assign this Agreement nor its rights and duties hereunder nor any interest herein without prior written consent from the other.

8.2 This Agreement, the RFP and any other documents incorporated by reference, and the appendices attached hereto, constitute the entire agreement between the parties regarding its subject matter and supersedes any prior or contemporaneous understandings or agreements with respect to the services contemplated.

8.3 None of the terms and provisions of this Agreement may be modified or amended in any way except by an instrument in writing executed by authorized representatives of Contractor and the District.

8.4 Failure by either party at any time to require performance by the other party or to claim breach of any provision of this Agreement shall not be construed as a waiver of any subsequent breach nor affect the validity

February 1, 2024 and operation of this Agreement, nor prejudice either party with regard to any subsequent action to enforce the terms of this Agreement.

8.5 Any notice or other communications required or permitted under this Agreement shall be sufficiently given if in writing and delivered personally or sent by confirmed facsimile transmission, telex, telecopy or other wire transmission (with request for assurance in a manner typical with respect to communications of that type), overnight air courier (postage prepaid), registered or certified mail (postage prepaid with return receipt requested) addressed to the party’s principal place of business or such other address of which the parties may have given notice.

Unless otherwise specified herein, notices shall be received: (a) on the date delivered, if delivered personally, by wire transmission or confirmed facsimile transmission; (b) on the next business day after deposit with an overnight air courier; or (c) three (3) business days after being signed for, if sent by registered or certified mail.

8.6 This Agreement shall be interpreted and enforced under the laws of the State of Michigan applicable to contracts made and to be performed entirely within such State without giving effect of choice of law principles of such State. The parties irrevocably consent to the jurisdiction of the Courts of Michigan to determine all issues which may arise under this Agreement.

8.7 If any provision of this Agreement should be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected, impaired or prejudiced thereby.

8.8 Neither party hereto shall be liable to the other for any loss of business or any other damages caused by an interruption of this Agreement where such interruption is due to circumstances outside of the reasonable control of that party, which may include, war, rebellion or insurrection; an act of God; fire; government statute, order or regulation prohibiting the performance of this Agreement; riots; strikes, labor stoppages, lockouts or labor disputes to the extent such occurrences are not caused by the actions of the party seeking relief under this Section.

8.9 The Section headings of this Agreement are for convenience of the parties only and in no way alter, modify, amend, limit or restrict contractual obligations of the parties.

8.10 This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which constitute one and the same agreement.

8.11 Nothing in this Agreement shall be intended to confer third party beneficiary status or rights, pursuant to MCL 600.1405 or under the common law, to any person or entity that is not a party to this Agreement.

February 1, 2024

SECTION 9

AUTHORIZATION

9.1 The Service Agreement has been duly authorized, executed and delivered by the parties and constitutes a legal, valid and binding obligation upon each of them, enforceable in accordance with its terms.

Each person placing his/her signature below represents and warrants that he/she is the signatory duly authorized to execute this Service Agreement on behalf of the District or Contractor, as is respectively applicable.

Dated:______________ By:_____________________________

Its:_____________________________

CADILLAC AREA PUBLIC SCHOOLS,

Dated:______________ By:_____________________________

Its: _____________________________

February 1, 2024

Attachment E – Current Custodial Staffing

February 1, 2024

Attachment F - CAPS Facilities List

February 1, 2024

Attachment G - Detail Cleaning Specifications

February 1, 2024

February 1, 2024

Attachment H - CAPS Standard of Cleanliness Guideline