Gladwin Beaverton Custodial Bid.docx

Request for Proposal Professional Contracted Cleaning Gladwin Community Schools & Beaverton Schools March 25, 2026 Pre-Bid Meeting and District Tours:

Wednesday, April 8, 2026 @ 9:00 a.m. (Gladwin), 1:00 p.m. (Beaverton) Bid Due Date:

Wednesday, April 22, 2026 @ 4:00 p.m.

Return by hand-delivery, mail or email to both:

cfrisbie@gladwinschools.net rhugan@beavertonschools.net

To: Prospective Bidder Subject: Request for Proposal Gladwin Community Schools and Beaverton Schools are looking for proposals which reflect a high level of custodial service to the staff, students and community users in all of our respective District facilities. We believe that our buildings should provide a safe, healthy, functional, and legally compliant environment that makes a positive contribution to the educational process, business processes and community uses conducted within our facilities.

The purpose of this Request for Proposal is to identify alternative sources who can deliver the same level, scope and quality of service at a competitive cost. The successful bidder must be able to deliver services 24 hours per day, 365 days per year, as scheduled and/or needed.

Gladwin and Beaverton Schools are accepting bids for a 3-year contract to provide our district cleaning/custodial services. This request is for a 3-year contract period for which we are requesting guaranteed pricing for July, 2026 through June 2029. The district reserves the right to renew the contract for two additional years in one (1) year increments. Renewal (s) will depend on pricing and level of service received during the contract period.

Gladwin and Beaverton would like bids to reflect both the current arrangement with a shared Custodial Manager as well as a bid which would reflect the cost of each district having their own Custodial Manager.

Bids must be submitted no later than 4:00 p.m., EST, Wednesday, April 22, 2026. Bids will be opened at 4:00, April 22, 2026, in the Gladwin Administrative Office. Mail, hand-deliver, or email your sealed bid to:

Your bid must be received before the bind opening date and time, when all bids will be opened and read aloud. No fax, verbal, e-mail or telephone bids will be accepted. Gladwin and Beaverton Community Schools are not responsible for late, lost, misdirected, damaged, incomplete, illegible or postage-due mail.

All prospective bidders should attend a pre-bid meeting. The purpose of the meeting is to provide questions and answers as required to clarify the requirements and specifications contained in the RFP. Only those prospective bidders who've completed the pre-bid meeting will be deemed eligible to bid on this project. Any assistants or subcontractors in the project are also required to attend the pre-bid meeting. The pre-bid meeting will consist of two meetings to be held on Wednesday, March 25, 2026. The first meeting will begin at the Gladwin Administrative Office, at 10:00 am. The second meeting will begin at the Beaverton Administration Office, at 2:00 pm. Please use the form included with the RFP to submit your bid.

Thank you for your participation!

Table of Contents Bid Specifications …………………………………………………………………………………….. 10

1. Purpose ……………………………………………………………………………………………... 10

2. Introduction……………………………………………………………………………………………..10

3. Background Information on the District ………………………………………………………………………………………….…10

3.1 Building Size…………………………………………………………………………………10

3.2 Prior Staffing and Work Schedules 10

3.3 District Map ……………………………………………………………………………………………10

3.4 Floor Plans …………………………………………………………………………………………….11

3.5 Current Enrollment ……………………………………………………………………………………..11

4. Instructions ………………………………………………………………………………………………11

5. Addenda ……………………………………………………………………………………………… …11

6. Bid Award Criteria …………………………………………………………………………………………………………… …11

7. Bid Duration ……………………………………………………………………………………………………………………… .12

8. Bid Errors/Omissions/Discrepancies12

9. Bid Preparation………………………………………………………………………………………. 12

10. Bid Security……………………………………………………………………………………………13

11. Bid Submission ………………………………………………………………………… ….. 13

12. Bid Timeline…………………………………………………………………………………………

13. Bid Withdrawal ……………………………………………………………………………………….. 14

14. Bidder Requirements…………………………………………………………………………………14

15. Confidentiality of Bids ……………………………………………………………………………………………………………………..14

16. Conflict of Interest/Familial Disclosure……………………………………………………………14

17. Debarment ……………………………………………………………………………………………………………………………………… 15

18. Exceptions to Bid Specifications 15

19. Questions on Bid Specifications 15

20. Verbal Representations …………………………………………………………………..…16

21. Contract Administration …………………………………………………………………………… 17

22. Contract Term ……………………………………………………………………………………… 17

23. Contract Documents ………………………………………………………………………………. 17

24. Contract Term …………………………………………………………………………………….. 17

25. Contract Termination ……………………………………………………………………………… 17

26. For Breach or Contract…………………………………………………………………………….. 18

27. For Other Reasons ………………………………………………………………………………… 18

28. Contract Validity ………………………………………………………………………………….. 18

29. Entire Document …………………………………………………………………………………. 18

30. Governing Law …………………………………………………………………………………… 18

31. Litigation ………………………………………………………………………………………… 18

32. Absenteeism …………………………………………………………………………………….. 18

33. Employee Compensation ……………………………………………………………………….. 19

34. Employee Expectations ………………………………………………………………………… 19

35. Employee Personnel Files ……………………………………………………………………… 20

36. Employee Selection ……………………………………………………………………………. 20

37. Employee Placement …………………………………………………………………………... 20

38. Equal Opportunity Employer Requirements ………………………………………………….. 21

39. Sexual Harassment ……………………………………………………………………………. 21

40. Smoking ………………………………………………………………………………………. 21

41. Staff Conflicts or Problems …………………………………………………………………… 21

42. Staffing Requirements …………………………………………………………………………. 21

43. General Requirements ………………………………………………………………………… 21

44. Extra Curricular, Sports and Facility Activities ………………………………………………. 22

45. After School and Weekend Activities ………………………………………………………. 22

46. Schedule Changes …………………………………………………………………………… 22

47. Scheduled Breaks …………………………………………………………………………… 23

48. Scheduled Breaks and Summer Cleaning ………………………………………………….. 23

49. Two Schedules ……………………………………………………………………………… 23

50. Substitute Scheduling ………………………………………………………………………. 23

51. Supervisor/Project Manager ……………………………………………………………….. 23

52. Training Requirements …………………………………………………………………….. 24

53. Orientation Program before placement in District ………………………………………… 24

54. Ongoing Training Program after placement ……………………………………………… 24

55. Uniforms and Identification ……………………………………………………………… 25

56. Asbestos ………………………………………………………………………………….. 25

57. Billing/Payments ………………………………………………………………………… 26

58. Billing …………………………………………………………………………………… 26

59. Payments………………………………………………………………………………… 26

60. Additional Charges ……………………………………………………………………… 26

61. Building Alarm Codes …………………………………………………………………… 26

62. Building Opening and Closing …………………………………………………………... 26

63. Cleaning Standards ………………………………………………………………………. 27

64. Communication ………………………………………………………………………….. 27

65. Communication Process …………………………………………………………………. 27

66. Communication with Principals and Building Managers ……………………………….. 27

67. Contractor Protection Clause ……………………………………………………………. 27

68. District’s Designee ……………………………………………………………………… 27

69. Emergency Contacts …………………………………………………………………….. 27

70. Emergency Service ………………………………………………………………………... 27

71. Energy Conservation ……………………………………………………………………… 28

72. Equipment and Tools ……………………………………………………………………… 28

73. Tools ………………………………………………………………………………………. 28

74. Equipment………………………………………………………………………………….. 28

75. Government Regulations & District Policies..…………………………………………….. 30

76. Hazardous Substances …………………………………………………………………….. 30

77. Holidays …………………………………………………………………………………… 30

78. Holiday Breaks ……………………………………………………………………………. 30

79. Indemnification Requirements ……………………………………………………………. 30

80. Independent Contractor …………………………………………………………………… 31

81. Insurance Requirements ………………………………………………………………….. 31

82. Minimum Required Insurance Limits ……………………………………………………. 31

83. Intent of Specifications …………………………………………………………………… 32

84. Keys ………………………………………………………………………………………. 32

85. Initial Furnishing of Keys ………………………………………………………………… 33

86. Copying of Keys ………………………………………………………………………….. 33

87. Key Replacement ………………………………………………………………………… 33

88. Key Inventory ……………………………………………………………………………. 33

89. Lost Keys ………………………………………………………………………………… 33

90. Re-Keying of Locks ……………………………………………………………………… 33

91. Security of Keys ………………………………………………………………………….. 33

92. Termination of Contract………………………………………………………………….. 33

93. Trading of Keys ………………………………………………………………………….. 33

94. Manufacturers’ Recommnedations ………………………………………………………. 33

95. Prices …………………………………………………………………………………….. 34

96. Price Increases …………………………………………………………………………… 34

97. Price Reductions …………………………………………………………………………. 34

98. Property Protection ………………………………………………………………………. 35

99. Quality Control/Inspections ……………………………………………………………… 35

100. Record Keeping Requirements …………………………………………………. 35

101. MIOSHA ……………………………………………………………………….. 35

102. Procedures ……………………………………………………………………… 36

103. Other …………………………………………………………………………… 36

104. Safety ………………………………………………………………………….. 36

105. School Calendar (Appendix F) ……………………………………………….. 36

106. School Closings ……………………………………………………………… 36

107. Snow and Ice Management…………………………………………………… 37

108. Supplies to Be Provided by Contractor ………………………………………. 37

109. Tax Exemption ……………………………………………………………….. 37

110. Deductions & Penalties – for Temporary School Closures ………………….. 37

111. Penalties ……………………………………………………………………… 37

112. Building Alarm Code Activation by Contractor …………………………….. 37

113. Fines for MIOSHA Violations ………………………………………………. 37

114. Improper Chemical Use ……………………………………………………… 37

115. Keys ………………………………………………………………………….. 38

116. Appendix A – Equipment ……………………………………………………. 38

117. Appendix B – Cleaning Frequency Schedule ……………………………….. 38

118. Appendix C – Prior Staffing Assignments ………………………………….. 38

119. Appendix D – District Map …………………………………………………. 38

120. Appendix E – District Floor Plans ………………………………………….. 38

121. Appendix F – School Calendar ……………………………………………… 38

122. Appendix G – Miscellaneous Information…………………………………… 38

123. Required Documents ………………………………………………………… 39

124. Comply Check List ………………………………………………………….. 39

125. Bid Form Package …………………………………………………………… 43

126. Legal Status of Bidder ………………………………………………………. 43

127. Name of Bidder ……………………………………………………………… 43

128. Agreements …………………………………………………………………. 43

129. Minority Status ……………………………………………………………… 44

130. Bid Form – One Supervisor…………………………………………………. 45

131. Bid Form – Gladwin…………………………………………………………. 45

132. Bid Form – Beaverton……………………………………………………….. 45

133. Employee Compensation Pay Rate …………………………………………. 45

134. Legal Action Disclosure Form ……………………………………………… 46

135. Civil Proceedings …………………………………………………………… 46

136. Business Reference Form …………………………………………………… 48

137. Employee Benefits Table …………………………………………………… 49

138. Addenda Receipt Acknowledgement Form ………………………………… 49

139. Affidavit of Bidder – Familial Relationships Form ………………………… 50

140. Affidavit of Bidder – Compliance with School Safety Initiative Legislation... 51

141. Bid Checklist ………………………………………………………………… 52

Bid Specifications

1. Purpose

2. Introduction This Request for Proposal (RFP) includes the bid specifications for contracted cleaning services. This RFP includes the instructions for submitting bids and the criteria by which a Bidder may be selected.

The bid specifications shall serve as the contractual terms by which the individually participating district(s) intends to govern the relationship between itself and the selected contractor.

Definition of Parties:

Gladwin Community Schools and Beaverton Community Schools shall hereinafter be referred to as "District 1" (Gladwin) and "District 2" (Beaverton). Respondents shall be referred to as "Bidders". The Bidder to whom the contract is awarded shall be referred to as the "Contractor".

Scope:

The Contractor shall provide all labor necessary to clean all schools specified in this RFP.

The service shall comply with all applicable state and federal laws, and all MIOSHA and EPA standards for cleaning and maintaining public facilities.

Cleaning services are to be performed according to the Cleaning Frequency Requirements in Appendix B.

3. Background Information on the School District

3.1 Building Sizes

Please see Appendix B.

3.2 Prior Staffing and Work Schedules Please see Appendix C.

3.3 District Maps

Please see Appendix D.

3.4 Floor Plans

Please see Appendix E.

3.5 Current Enrollments

Please see Appendix E Bid Preparation, Submission, Award, Etc.

4. Instructions This Request For Proposal ("RFP") includes a Comply Checklist Form. If the Contractor cannot or will not comply with the bid specifications described in any section of the RFP, the Contractor must answer "No" and must explain in the area provided. The purpose of this requirement is (1) to ensure that there is a meeting of the minds on the cleaning contract that will be based upon these bid specifications and (2) to ensure that the bids are "apples to apples" between Contractors.

5. Addenda During the bidding period, Bidders may be furnished written addenda to clarify or supplement the RFP. The information included in these addenda is to be included in the bid and will become part of the contract. Failure of a Bidder to acknowledge receipt of any or all addenda on the Addenda Receipt Acknowledgement Form (Section 97) may be sufficient cause for rejection of the bid.

Responses to inquiries received after the pre-bid meeting will be made by written addenda, if they change or clarify the RFP in a substantial manner.

Before submitting a bid, each Bidder should determine that they have received all addenda issued and should indicate on the bid form each of the addenda they received.

The District will not be bound by oral responses to inquiries or written responses other than the addenda.

6. Bid Award Criteria The following non-prioritized criteria are some or all of the key criteria that will be considered in the evaluation of the bids:

1 . Ability to meet all applicable federal and state wage and safety requirements

2. Experience and past performance — Presented documentation of building cleaning experience including at least five (5) years of experience cleaning a minimum of 750,000 square feet of facilities per day

3. Experience providing cleaning service in public and/or private school environments

4. Project manager's/account supervisor's qualifications and experience

5. Bidder's attendance at pre-bid meeting and facilities walk-through

6. Corporate support

7. Cost control- Previous record of meeting budgets and the proposed plan for controlling costs on the project B. Full and proper completion of the bid forms

9. Guarantees- Any cost savings guarantees provided for by the bid

10. Hazard Communication Program — Documentation of a Hazard Communication Program (HCP) that includes the following:

Blood-borne Pathogen Training Program

· Employee Training Program Personal Protection Equipment

· Right-to-Know (and Material Safety Data Sheets) Written Safety Program

11. Quality of the oral presentation to the applicable committee

12. Quantity and nature of exceptions to the bid specifications

13. Submission of an alternate bid

14. Training program-The education and training programs to be provided to staff.

15. Work history/performance as reported by references (names, addresses, and telephone numbers of principal parties)

16. Supplemental relevant information submitted by the Bidder

17. Any comments from the Bidder regarding information submitted as part of this bidding information

18. Any other information the Districts' bid review team determines to be pertinent

19. First hand walk through evaluation of a current facility under contract (the final vendors must provide Gladwin Community Schools & Beaverton Schools with a list of sites that, at our choosing, we can visit and walk through for performance evaluation) A committee will review and rate each Bidder's bid using the criteria listed above. The rating system may include a personal interview with the contract company principals.

Presentations will be requested of the Bidders deemed by the District to be the best suited among those submitting bids on the basis of the selection criteria. Determination of best-suited candidates will be at the sole discretion of the District and the District's decision shall be final. After presentations have been completed, the District may select the Bidder(s) which, in its opinion, has made the bid that is the most responsive and most responsible.

Each Board of Education reserves the right to accept or reject any and all bids in whole or in part, to waive any and all irregularities, and to award the contract to other than the low Bidder. In addition, contracts may be awarded to one or more firms.

7. Bid Duration All bids must be irrevocable for one hundred and twenty {120) calendar days after the time and date of the bid opening.

8. Bid Errors/Omissions/Discrepancies If there is a discrepancy between the unit price bid and the extension, the unit price shall govern. Bidders shall not be allowed to take advantage of errors, omissions or discrepancies in the specifications.

9. Bid Preparation Bidder assumes all costs of preparation of the bid and any presentations necessary to the bidding process.

The District does not assume any responsibility for errors, omissions, or misinterpretations resulting from the use of incomplete sets of specifications/contract documents.

10. Bid Security Each bid must be accompanied by a certified check or bid bond in the amount of five percent (5%) of the base bid (excluding all alternates) for the first year of the contract made payable to the Gladwin Community Schools This security is required as a guarantee that the Bidder will do all of the following within fifteen (15) business days of the bid award:

If the selected Bidder fails to complete the requirements set forth in the previous paragraph, the bid security will be forfeited to Gladwin Community Schools and Beaverton Schools.

Certified checks from all Bidders except the Contractor awarded the contract will be refunded within ten (10) business days after execution of the contract. The certified check of the Contractor awarded the contract will be returned within ten (1()) business days after the contract award.

If no Contractor has been awarded a contract during the previously specified 120-day bid duration period, Bidders may terminate their bid bond. In addition, their bid will automatically expire at the end of the 120th day.

11. Bid Submission One signed original and six copies of the bid must be submitted to the address specified at the beginning of this RFP.

Bids must be submitted in a sealed envelope labeled 'Professional Contracted Cleaning Bid" by the time and date due. To ensure confidentiality of bids, faxed ore-mailed bids will not be accepted.

Bids will be date stamped/signed in the Gladwin Superintendent's Office in order to be considered. Normal business hours are 7:30a.m. to 4:00p.m., Monday through Friday.

Bids received after the due date (April 15, 2022 at 1:00p.m., local time) will be returned unopened.

Bidders assume the risk of any delay in the mail or in the handling of the mail by employees of the District. Whether sent by mail or by means of personal delivery, the Bidder assumes responsibility for having the bid deposited on time at the place specified. Vendors are strongly encouraged to submit bids before the due date to avoid the possibility of missing the due date because of unforeseen circumstances.

Postmarking to the due date will not substitute for receipt of the bid. If the District is closed due to unforeseen circumstances on the day that a bid is due, bids will be due on the next day that the District is open.

Additional time will not be granted to any single vendor; however, additional time may be granted to all vendors when the District determines that circumstances warrant it (e.g., an "act of God").

12. Bid Timeline The District reserves the right to modify any part of this timeline.

The District reserves the right to determine the requirements and specifications comprising this RFP. Vendor feedback is requested to help ensure that this RFP is as clear as possible to all potential Bidders.

Responses to questions or requests for clarification will be provided via addenda.

Monday, March 14, 2022 — RFP is available to potential Bidders Thursday March 25, 2022 10:00 AM, local time —Mandatory Pre-bid Meeting and Tour April 8, 2022 4:00 PM — Deadline for questions on RFP (to allow time to issue any last-minute addenda and still provide Bidders with time to factor any new information into their bids) April 15, 2022, 1 :OOPM- Bids are due in Superintendent's Office and will be opened publicly Week of April 15, 2022 -Interviews will be held at Gladwin Administrative Offices April 25, 2022 Contract award/ Board Meeting

13. Bid Withdrawal Bidders may withdraw their bids, if they desire, anytime before the bid opening date. Bids may not be withdrawn after the bid deadline, except with forfeiture of the bid security.

14. Bidder Requirements The Bidder or franchise company must have been in business for at least the past five years.

The Bidder must demonstrate the ability to secure the necessary quantity of materials and equipment to perform the scope of work within their proposed start up time.

The Bidder must demonstrate the needed organizational abilities to successfully implement the transition from our current service to the new program within the proposed time line.

The Bidder must currently clean at least 750,000 square feet daily and provide satisfactory evidence that it can perform the services specified in this RFP.

The Bidder must have the human and financial resources necessary to perform this work.

15. Confidentiality of Bids The information contained in bids submitted for the District's consideration will be held in confidence until the public bid opening. At that time, the bids will be opened in public and the prices will be read aloud.

16. Conflict of Interest/Familial Disclosure Bidders shall provide full disclosure of all existing client relationships that currently or prospectively may rise to conflicts of interest and disqualification.

Contractors, by submitting a bid, certify that it has no business or personal relationships with any other companies or persons that could be considered as a conflict of interest or potential conflict of interest to any participating District Contractors, by submitting a bid, certify that there are no principals, officers, agents, employees, or representatives of the Contractor that have any business or personal relationships with any other companies or persons that could be considered as a conflict of interest or a potential conflict of interest to any participating District, pertaining to any and all work or services to be performed as a result of this request and any resulting contract with a participating District.

All Bidders shall provide familial disclosure in compliance with MCL 380.1267 and attach this information to the bid. The bid shall be accompanied by a sworn and notarized statement disclosing any familial relationship that exists between the District or any employee of the Bidder and any member of the Board(s) of Education of the District(s), or the Superintendent(s) of the District(s). The District will not consider a bid that does not include this sworn and notarized statement.

17. Debarment Submission of a signed bid in response to this RFP is certification that your firm (or any subcontractor) is not currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any State or Federal department or agency. Submission js also agreement that the District will be notified of any change in this status.

18. Exceptions to Bid Specifications Any exceptions to the terms and conditions contained in this RFP or any other special consideration or condition requested or required by the Bidder shall be enunciated by the Bidder and be submitted as part of its bid, together with an explanation of the reason such terms and conditions cannot be met. Each Bidder shall be required and expected to meet the RFP requirements in its entirety, except to the extent exceptions are expressly noted in the bid and accepted by the District as part of the award agreement and documented accordingly.

19. Questions on Bid Specifications It is the responsibility of the Bidder to inquire about any requirement of this RFP that is not understood. All questions should be in the form of E-mail whenever possible.

Questions about the bid specifications should be addressed to:

Chuck Frisbie Gladwin Community Schools Superintendent 401 N Bowery Ave Gladwin Ml 48624 cfrisbie@qladwinschools.net 989-426-9255 All questions must be received by 4:00 p.m., on April 15, 2022. This deadline is to enable the District to share the questions and answers with all vendors by April 17, 2022 so the Bidders can include this information in their April 22, 2022 bid submission.

20. Verbal Representations Bids must contain in writing all the terms and conditions of the offer being made. Verbal representations made before or after bids are submitted will not be considered unless they were made in answer to questions asked by the District or its representatives.

Section

21. Assignment & Subcontracting The Contractor will not be permitted to assign, sell, transfer or otherwise dispose of the contract or any portion thereof, or its rights, title or interest therein without prior written approval of the District. The Contractor will not be permitted to subcontract any portion of the contract without prior written approval of the District. No subcontract will, in any case, relieve the Contractor of its responsibility under the contract. Written consent to subcontract, assign or otherwise dispose of any portion of the contract shall not be construed to relieve the Contractor of any responsibility for the fulfillment of the contract.

22. Contract Administration The Manager of Facility Operations, or the District(s)'s designee, shall be the District's authorized representative in all matters pertaining to the administration of this contract. The District's designee may be changed at any time with appropriate written notice.

23. Contract Documents The contract entered into by the parties shall consist of this RFP, the letter of introduction accompanying this RFP, the signed response/bid forms submitted by the Contractor, all addenda issued, and a purchase order signed by the Superintendent of Schools or his or her designee.

The parties may adjust the specific terms of this contract (except for pricing) where circumstances beyond the control of either party require modification or amendment. Any changes or modifications to this agreement must be in writing, signed by both parties and attached hereto.

24. Contract Term It is the intent of the District to award a contract to one or more Contractor(s) for the cleaning of all buildings in said District. The contract is expected to begin on July 1, 2022 for a period of three (3) years, with an option for the District(s) to extend the contract by up to two (2) additional years on a year-to-year basis subject to approval by the Board of Education for the respective District(s). Nothing requires the District to agree to extend the cleaning services contract beyond the initial three-year term.

With written mutual agreement of the parties, this contract may be extended for up to two additional one-year periods. As specified elsewhere in this RFP, the Contractor is required to provide a three-year price guarantee.

If the Contractor seeks to have the contract extended beyond the initial three-year term, the Contractor must provide the upcoming fiscal year's fee schedule at least one hundred twenty (120) days before the contract anniversary date.

If conditions warrant, and if mutually agreeable between the District(s) and the present Contractor, this contract may be temporarily extended for an additional 90 days in order to provide cleaning services to the building(s) until a new contract is awarded.

This contract is for 12-months-per-year and requires cleaning work to be performed during school breaks and during the summer.

25. Contract Termination

26. For Breach Each party shall have, in addition to all other remedies available to it, the right to terminate this contract upon written notice to the other party that the other party has committed a breach of any of its obligations herein and such breach shall not have been cured or corrected within seven (7) calendar days following written notice of the same.

27. For Other Reasons Either party may terminate the contract for with or without cause by giving written notice by certified mail to the other party at least 120 days before the date of termination.

28. Contract Validity If one or more clauses of the contract are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining portions of the contract.

29. Entire Agreement A signed Contract constitutes the entire agreement between the District(s) and the Contractor, and it supersedes any prior communications, representations, or agreements of any kind. This Contract may not be modified except in writing signed by both parties.

30. Governing Law A signed Contract and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Michigan. The Contractor agrees that any litigation, action or proceeding arising out of this contract shall be instituted in a state court located in the State of Michigan.

The jurisdiction and venue for any suit brought against this agreement shall be in Clare County.

31. Litigation If either party to this contract initiates a lawsuit against the other to secure or protect its rights under this agreement, the prevailing party shall be entitled to all associated costs of the suit, including reasonable attorney's fees, administrative fees, court costs, and damages as part of any judgment entered in its favor.

Human Resource/Personnel

32. Absenteeism Employee absenteeism can significantly and adversely affect the quality of services received by the District. The Contractor must maintain a reasonable pool of trained and qualified substitutes with the required background checks, available at short notice, to ensure that the District is adequately stalled in the event of illness or injury.

is required to inform the Facility Manager when there will be a change of employees for absence purposes. If the absence is expected to last more than three (3) consecutive workdays, the Contractor is also required to inform the District designee.

If the supervisor/project manager is unavailable for work under this contract for any substantial period of time (i.e., more than three consecutive work days), the Contractor shall immediately inform the District's designee of the absence, the reason for the absence, and how the Contractor will ensure completion of the supervisor's/project manager's work.

The District reserves the right to audit payroll records and/or time cards of the Contractor and its employees. A copy of time cards will be sent to the District designee every two weeks.

33. Employee Compensation Contractors shall provide hourly pay rates (or pay rate ranges) and a list of benefits offered to all employees that would be placed in this assignment. This list shall be sent on a semi-annual basis to the District designee.

34. Employee Expectations All employees are to present themselves in an appropriate manner and attire consistent with the District(s)' Board policies and the District(s)' administrative guidelines. The District reserves the right to seek removal of any contract employee whose moral conduct, behavior, health habits or appearance are unsatisfactory. The contract employee will be removed as soon as possible upon being brought to the Contractor's attention. The District's decision shall be final. The District agrees not to use this right arbitrarily or capriciously.

All of the Contractor's employees assigned to the District(s) must meet the following requirements. They must be...

at least 18 years of age.

able to read, write, and speak English fluently, and to use courteous language.

· able to inspect, see, and report maintenance needs to the supervisor/project manager and/or to the building manager.

· able to interact positively and appropriately with students, school employees, and the public. This shall especially apply to the day supervisors.

alcohol and drug free when arriving for and while on duty. Contractor's employees are prohibited from the manufacturing of, being in possession of, using, distributing, or dispensing of any controlled substance, including alcohol, while on school grounds. punctual.

· well groomed and in uniform.

Contractor shall maintain attendance records which indicate all employees' "log-in time" at the beginning of their shift and "log-out time" at the end of their shift each day in a designated location. This requirement is to enable District staff to determine which of the Contractor's staff is in each school at any given time. This requirement shall not apply to the supervisor/project manager who is performing inspections and/or moving from building to building.

At no time shall the Contractor's personnel do any of the following:

· Allow custodial closets to stand open and unattended Congregate or have food/drink in unauthorized areas

· Disturb papers on desks, open drawers or cabinets, use telephones or computers or tamper with personal property owned by District(s) or their employees Leave custodial products and/or equipment unattended

· Leave custodial carts unattended in corridors for more than a few minutes (for safety, security, and aesthetic reasons)

· Leave lights on or doors open in unattended sections

· Play radios, or other similar devices, at a volume that is audible in other areas of the building

· Use any District equipment (i.e.: TV's, VCRs) that is not required to perform duties

· Smoke or use any tobacco products on District property No visitors, spouses or children of the Contractor's employees will be allowed at the work site during working hours unless they are bona fide employees of the Contractor or they receive prior approval from the District's designee,

35. Employee Personnel Files The Contractor awarded the bid will be required to provide the District(s)' Human Resources Office with a copy of the employees' files for all of the Contractor's regular employees assigned to the District. This requirement is primarily intended to ensure that all required employee background checks have been completed, and to provide results of training and drug testing.

Some examples of required documents are as follows:

· Application Drug screening results

· 1-9 form along with a copy of the employee's driver's license and Social Security Card Results of FBI and state police record checks Proof of initial and follow-up training As is the case with the Districts' own employee personnel files, this information will be held in strictest confidence. The District will sign a confidentiality agreement with the approved Contractor to this effect if requested.

36. Employee Selection All contract personnel will be required to have a criminal background check prior to working on site. The District's designee will be the final authority for all employee placements in the District. The District reserves the right to interview all custodial candidates before placement in the schools.

The Contractor shall, at a minimum, perform the following pre-employment screening procedures before recommending the placement of all regular and substitute employees in District(s) facilities:

· Employee background and reference checks

· Drug and Alcohol testing as approved by District(s) (Current District(s) Requirements in Appendix G.)

· FBI and State Police record checks -Any felony convictions will disqualify personnel from placement in District(s).

All applicants being considered for employment must meet the criteria set forth by the United States Department of Immigration and Naturalization.

37. Employee Placement The Contractor shall supply the District(s) a list of all employees assigned to each building and their assigned areas of responsibility and this list shall be updated as employees are hired or terminated.

must inform the District designee at least 48 hours before new employees are placed in any school in the District. Notification to the District designee shall include the name, current address and former employer information of the proposed employee. The District reserves the right to perform independent background checks on all of the Contractor's employees consistent with applicable laws.

The Contractor may hire and place with a District(s), a custodian who has a satisfactory (as determined by the District's designee) State record check and a clean drug test, provided documentation of the satisfactory State record check and the drug screening results are provided to the District before the employee begins working in the District, and the Contractor provides documentation of the satisfactory FBI record check within one week of its receipt.

In the event of a conflict or alleged problem with a Contractor's employee, the District reserves the right to insist that the Contractor temporarily reassign or remove the employee until resolution is reached to the District designee's satisfaction.

38. Equal Opportunity Employer Requirements The Contractor must comply with all applicable federal and/or state Equal Opportunity Employer requirements in providing employment and promotion opportunities, as it is the policy of the District to not discriminate against any person on the basis of gender, race, color, national origin, religion, height, weight, age, marital status, political belief, or handicap or disability. No person shall be excluded from any participation in, denied the benefits of, or otherwise be subjected to discrimination under any program, activity, or employment of the District.

39. Sexual Harassment The District is committed to providing a positive environment for all students and staff. Sexual harassment, whether intentional or not, undermines the quality of this educational and working climate. The District has a legal and ethical responsibility to ensure that all students and staff can learn and work in an environment free of sexual harassment.

Consistent with state and federal laws, this right to freedom from sexual harassment has been defined in District policy by the Board of Education. Failure to comply with this policy could result in termination of this contract without advanced notice. Further information regarding this policy is available from the individual Districts.

40. Smoking The District prohibits the use of tobacco in school buildings or on school grounds. This prohibition applies to all Contractors and workers on school grounds and to all forms of tobacco products. The Contractor shall be responsible for the implementation and enforcement of this requirement.

41. Staff Conflicts or Problems The District reserves the right to request that the Contractor remove any employee from the District for unsatisfactory performance, poor appearance, and/or poor behavior. If the District's designee notifies the Contractor in writing that any of the Contractor's employees assigned to the District is incompetent, disorderly, or otherwise unsatisfactory, the Contractor will remove such employee within one (I) shift and will not again assign that employee to work in the District without the written consent of the District's designee.

42. Staffing Requirements

43. General Information The Contractor shall provide an adequate staff of experienced personnel, capable of and devoted to the successful accomplishment of the work to be performed under this contract. If applicable, a copy of the Prior Staffing and Work Schedules is provided in Appendix C.

The Contractor shall perform the services set forth in this contract at time periods as approved by the District's designee. Safety of students and staff and unimpeded delivery of the instructional programs wilt determine the authorized work periods. It is the Contractor's responsibility to maintain the standard of cleanliness specified in the contract. It is the responsibility of the Contractor to provide sufficient personnel to ensure that the requirements are met and that each building is effectively cleaned on a daily basis.

The Contractor shall employ only competent and satisfactory personnel and shall provide a sufficient number of employees to perform the required services efficiently and in a manner satisfactory to the District.

44. Extra Curricular, Sports, and Facility Rental Activities Scheduled use of the buildings on the weekend may occur. This is relatively common for the high school sites. The Contractor will be responsible to open and prepare the building for scheduled use on a Saturday or Sunday. These scheduled events may be related to District rental agreements or administrative and staff needs. Hours of service for events that extend outside of the regular schedule must be invoiced by the Contractor separately from the monthly contract fee and will be mutually agreed upon prior to the event.

Periodic special events will require the Contractor 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 football game, etc.). The Contractor 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.

The Contractor will be responsible for furniture setup and take-down (when appropriate) for extracurricular activity needs, sporting events, or rental agreements that occur at school sites. At the High Schools, Middle Schools and Elementary Schools, these events are numerous and may occur after school hours.

45. After School and Weekend Activities Services provided for activities that are billable beyond the regular base contract must be approved in advance by the District designee. Itemized invoices should include the date of the service, hours worked, the employees who worked and the District designee who approved the service. Such billing must be submitted under separate invoice but at the same time as the base contract invoice for the month within which the service was provided.

The contracted custodians are to be scheduled in such a way that:

1) in the elementary schools, any space, used for an after-school activity, shall be cleaned after the end of that activity, provided it ends by 9:00 p.m.

2) in the Middle School and the High School, any space used for an after-school activity, shall be cleaned after the end of that activity, provided it ends by 11:00 p.m.

3) spaces that are to be used for after-school activities are cleaned and set-up at the scheduled times, and efforts are made to ensure that the routine cleaning of the remainder of the building does not interfere with the scheduled activity.

The Contractor will make every effort to provide clean buildings prior to the beginning of each school day.

will sometimes be required to provide extra or special coverage on Saturdays and/or Sundays with very short notice. The hourly rate lor this service will be requested on the bid form. The Contractor may invoice the District at the agreed upon rates Ior this extra work.

The District would entertain creative staff schedules to include Saturday and Sunday hours at all locations in order to staff the events without the use of overtime.

46. Schedule Changes The District reserves the right to change any and all of the work schedules with advance notice to the Contractor.

The Contractor shall notify the District immediately of conditions that will limit hours or decrease the daily work crews, such as illness or injury. In addition, the Contractor shall notify the District's designee in advance of any condition or situation, which will affect the performance of the work under this contract. In either case, the Contractor shall communicate how the affected work will be rescheduled.

48. Scheduled Breaks and Summer Cleaning Scheduled breaks and summer cleaning shall be coordinated with the District's designee. The schedule is to be developed with the goal of minimizing interference with any scheduled instructional activities or with contracted work being performed by others.

49. Two Schedules The District has two custodial work schedules, one lor during-school periods, and one lor break periods (i.e., winter break, spring vacation, and summer vacation). During break periods, including the summer (mid-June to Labor Day weekend), the District's designee and the Contractor shall jointly agree upon an appropriate schedule of cleaning and other activities and may permit or require the Contractor's employees to work during the 7:00 a.m. to 6:00 p.m. or other designated time window. In any event, evening activities particularly in the High Schools and Middle Schools will require staffing later than 6:00 p.m. at these schools during break periods.

50. Substitute Scheduling The Contractor will recruit, background check, employ, train, pay, and supervise all substitute custodians Ior this contract.

51. Supervisor/Project Manager The Contractor shall provide competent and sufficient supervision as necessary to satisfy the specifications and requirements of this contract.

The Contractor shall provide the District with a list of all supervisory personnel including the telephone numbers where each person may be reached at all times. In addition, the Contractor will provide the contract manager/supervisor assigned to the District with a cell phone and/or pager. A resume lor the supervisor/ project manager must be provided as part of the bid. All key personnel assigned by the Contractor are subject to concurrence of the District's designated Contract Administrator at all times.

Once assigned to work under this contract, the Contractor shall not remove or replace the supervisor/ project manager without written concurrence of the District designee.

The contract manager/supervisor will be required to answer each call from the District's designee within 30 minutes of the time the call is placed.

The supervisor(s):

must be able to fluently communicate in English; must be able to use a computer for minor tasks, be able to access and use the District's computerized scheduling system and e-mail for communication; must be authorized by the Contractor to act as the Contractor's agent in all communications with the District's designee; must have experience supervising cleaning staff;

is to have full authority from the Contractor to schedule working hours, custodians' assignments, and cleaning procedures; shall cooperate fully with District administrators, and shall be available for inspection of the buildings at times other than during working hours when requested.

If requested by the Contractor, the District will provide office space for the supervisor/manager.

52.Training Requirements The District maintains that a formal training program with regularly scheduled sessions, individual tests for competency and training records is a necessary ingredient in the delivery of effective custodial services. The Contractor is to have in-place an on-going, effective and documented training program that consists of two parts, each of which provides all local, state and federally mandated training and contains, at a minimum, the Contractor's training program, which will use the methods in Appendix B of this bid packet, as a guideline to any training of their employees working in the District(s).

53. Orientation program before placement in the District(s)

The Contractor will provide written documentation of contract employees who have attended such a program, including date and time, to the District's designee within 30 days after the hire date of the employee.

54. Ongoing training program after placement in District(s) The Contractor will provide at least twelve (12) hours of job-related training per year to each employee.

Contract The Contractor

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