PARCHMENT PUBLIC SCHOOL DISTRICT Request for Proposal Lawn and Landscaping 2025 (1).pdf

PARCHMENT PUBLIC SCHOOL DISTRICT

REQUEST FOR PROPOSAL

LAWN & LANDSCAPING SERVICES

April 17, 2025

Please consider this document as a formal Request for Proposal (RFP) for lawn & landscaping services for the Parchment Public School District as prescribed in ATTACHMENT A. Sealed/secured bids are due May 2, 2025, at 3:00 PM at the Parchment Public Schools Administration Office and directed to the attention of Cathy Lawson – Director of Finance at 520 N. Orient, Parchment, MI 49004. Sealed/secured bids are to be labeled “Lawn and Landscaping Services Bid”.

Bids may be mailed or delivered to:

Parchment Public Schools Cathy Lawson – Director of Finance 520 N. Orient Street, Parchment, MI 49004 or emailed to:

cathy.lawson@parchmentschools.org

All proposals shall be made in accordance with the Bidding Documents. Should a bidder find discrepancies in, or omissions from the specifications and bid proposal form, or should he/she be in doubt as to the meaning, he/she should notify Derek Menchinger, Facilities Manager, who will send written instructions to all appropriate Bidders. The Owner shall not be responsible for any oral instructions. Direct all questions regarding said proposal to Derek Menchinger, Facilities Manager, 269-488-1066.

Instructions and Procedures

1. Maintenance of Worker Compensation insurance, property, and liability insurance (minimum $1,000,000 single occurrence), and auto insurance (minimum $1,000,000 single occurrence) is required. Review and acceptance of certification of such shall be included as part of the RFP response.

2. Contractors are to sign and complete the bid form (ATTACHMENT B).

3. At least three (3) references are to be submitted (ATTACHMENT C).

4. All Bids shall be accompanied by the attached and notarized statement disclosing any familial relationship that exists between the Bidder and the Parchment Public School District (ATTACHMENT D).

5. All Bids shall also be accompanied by the attached and notarized Affidavit of Compliance-Iran Economic Sanctions Act, Michigan Public Act No. 517 of 2012

(ATTACHMENT E).

6. Derek Menchinger, Facilities Manager, supervises daily operations. Contractors may arrange a walkthrough of all areas designated in the attached drawings with Derek Menchinger at (269) 488-1066.

7. All bid awards will be subject to the terms and conditions of the Attached Agreement, which shall be executed by the parties upon the bid award (ATTACHMENT F). The RFP and Contractor responses will be incorporated as part of the contract.

8. The Parchment Public School District reserves the right to withdraw this bid request at any time, for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Parchment Public School District also reserves the right to waive any informality in or reject any part of a bid, accept or reject any or all bids, alternates, or proposals, and to accept those bids, alternates, or proposals that, in Parchment Public School District judgement, serve Parchment Public School District’s best interests.

ATTACHMENT A

1. BID SPECIFICATIONS

A. SCOPE OF WORK:

All District sites shall be mowed and trimmed when needed to maintain a neat, uniform appearance. Frequency will be determined by Owner and Contractor Jointly. District Sites shall not be mowed and trimmed more frequently unless requested by Derek Menchinger.

B. SPECIAL INSTRUCTIONS TO BIDDERS:

1. Bids are to be submitted on a per-cut basis for lawn mowing and trimming. Bids are to be submitted as a per occurrence basis for leaf removal and sidewalk edging up to three (3) times per year.

2. The Owner shall award bids based upon regions and reserves the right to award these regions in such a manner as it deems to be in the best interest of the Owner. Multiple Contractors may be selected.

3. The Contractor shall provide a list of available mowing/trimming equipment for this contract. This list must be submitted along with the bid.

C. GENERAL CONDITIONS:

1. All work must be performed within the codes, standards, and municipal ordinances of the community within which the property is located.

2. All work scheduling must be coordinated with the individual facility’s operational needs, in order to avoid disruption and/or unsafe conditions.

3. Mowing must be available at the awarded rate at all times between April 1st and

November 30th.

4. Mowing shall occur approximately one time per week at each property site and in no case shall more than 10 calendar days pass between mowing at each property site without the Owner’s pre-authorization. Mowing should not exceed 28 cuts nor be less than 18 cuts during the cutting season. If additional cuts are needed, Derek Menchinger will communicate which site needs additional cuts to the Contractor.

5. Performance will be evaluated based upon the expectation of a neat, professional-looking final product.

6. The Owner reserves the right to postpone mowing when needed or add additional mowing for athletic sites and events.

7. The Contractor shall provide the Owner with a means of immediate communication regarding site completion, emergencies or any other occasion which may arise. The Contractor must provide a valid e-mail address.

8. The Contractor shall be responsible for all damage to the Owner’s property caused by either an equipment or operator error. The Owner reserves the right to repair all damages with other sources if the Contractor fails to do so. The Contractor shall then be back charged for all costs required to complete this work.

9. In the event the Contractor causes building or property damage, the Contractor is responsible for immediate communication with Derek Menchinger by phone at (269) 488-1066.

10. The Contractor shall provide a list of available mowing/trimming equipment for this contract. This list must be submitted along with the bid.

11. The Owner reserves the right to physically inspect and view the equipment at any time upon request. The Contractor shall immediately remove any and all equipment from school property solely determined by the Owner to be unsafe.

12. If the Contractor fails to complete the mowing/trimming at any of the sites as specified, the Owner reserves the right to complete the task with either in-house personnel or other Contracted Services. The Contractor shall then be back-charged for all costs required to complete this work. If the Contractor fails to meet the specifications of this contract, the Owner reserves the right to review and/or terminate the contract at any time.

D. SPECIFICATIONS FOR LEAF REMOVAL AND EDGING:

1. All leaves in landscaped areas as identified on region maps, on hard surfaces and parking lots, and in soft-surface play areas are to be swept/blown off site at least once between March 15th and April 30th, and once again between October 15th and

November 30th . All costs of leaf disposal must be included in the per occurrence cost (Dates may need adjusted based on weather conditions).

2. Edging specifications will be 1” minimum depth Vee or straight blade edge along specified sidewalks applied up to three times a year around all facilities and along the sidewalks of all sites. The Contractor shall notify the Owner upon completion of each edging occurrence.

E. SPECIFICATIONS FOR LAWN MOWING:

1. Mowing frequency shall be such that the grass cuttings or clippings are not of sufficient quantity to detract from the overall site appearance. If the time between the cuttings must be extended per the established frequency for any reason, thereby, causing an excessive amount of clippings on the lawn or if the clippings are matted and wet, the clippings shall be eliminated by whatever means are available to the Contractor and at no expense to the Owner.

2. Mowers are to be set to cut at a minimum of two and a half (2.5) inches and grass shall never exceed a total height of four (4) inches between cuts. Mowing height shall vary within the range depending on growth rates, moisture, and other contributing factors.

Cutting heights may be negotiated with the Facility Manager, Derek Menchinger, at any time during the contract year but cannot vary from documented agreement during the year.

3. All mowing operations are to be performed with equipment that is manufactured by companies recognized for producing quality commercial turf equipment and that is mechanically sound and reliable. All blades shall be sharp and properly adjusted for height and cutting sharpness. Mufflers and spark arrestors are to be used at all times.

Trained and qualified people will operate all the machines. At no time shall an operator of a piece of equipment leave that equipment unoccupied and running.

Immediate shutdown of equipment is required if a student or staff approaches machinery at any time.

4. All large areas can be mowed with large format mowing equipment in such a way as not to cause damage to the turf, sprinklers, etc. All other areas will be mowed with smaller type mowers that cannot cause damage to turf either by short radius turns, steep inclines, or excessive speeds.

5. Trimming shall be performed with cord trimming equipment in any area inaccessible with mowing equipment. This includes inner and outer fence lines, play areas (including playground equipment), along sidewalks, next to School Buildings where established plantings are not present and around all obstacles such that a neat, even appearance to the total turf area is achieved. Trimming MUST be performed EACH time mowing is performed. As a preventative measure, the mower shall not come in contact with tree bases, fences, or roof drainpipes. Trees damaged by mowers and trimmers will need to be addressed/documented prior to contract start. Newly damaged trees from trimmers and mowing equipment will need to be replaced by the contractor at no cost to the Owner.

6. All litter such as paper, cans, bottles, branches, etc. will be picked up and disposed of prior to cutting.

7. All non-turf areas such as walks, patios, entrances, parking lots, etc. shall be free of clippings and cutting debris via blowers, sweeping, or other means. Wet clippings may need to be scraped off of surfaces.

8. All turf termination at various paving and cement details shall be vertically edged to remove turf overgrowth. Turf termination in the Fall season shall encompass main building entrances, city walks, and concrete walk approaches in front of the building.

The Contractor shall notify the Owner upon completion of each edging occurrence.

9. Additional non-routine operations such as aerification, fertilization, fall clean-up, de-thatching, weed control. etc. shall be negotiated separately and approved in advance. Non-approved work will not be paid for. Bid prices for some services shall be provided as requested on the Bid Proposal form. The Contractor shall not apply any pesticides or herbicides without written approval from Derek Menchinger unless indicated within the scope of work.

10. No mowing or trimming shall occur within (10) yards of students and staff during normal school hours. The Contractor is responsible for keeping their trucks and trailers parked where they do not interfere with or block other vehicles or interfere with the children’s play areas.

11. The Contractor MUST report by email on any service issues at any of the properties.

The Contractor can email Derek Menchinger at derek.menchinger@parchmentschools.org with that information. Failure to report on a weekly basis will result in the Contractor not being paid for those days of service.

12. The Contractor will provide a per site cost for selective herbicide on all sites, to be done once per year in late Fall. Application must be completed before the start of the school year. Selective weed control targeting crabgrass, dandelions, and other broadleaf weeds shall be applied. Acceptable applications are liquid or granular.

Prior notification before application is required.

13. Wildflower / Meadow areas are not to be mowed. A mowed border is established and can be varied by owner request. No leaf materials or refuse are to be disposed of in these marked areas.

ATTACHMENT B

Bid Form

Name of Company__________________________ Street_______________________________

City/State/Zip_______________________________Telephone___________________________

Signature____________________________ Name and Title_____________________________

Parchment Public School District Properties

SCHOOL/LOCATION 2025

Per Mow

Per Mow

Per Mow

Northwood Elementary 600 Edison Street

Kalamazoo, MI 49004

Parchment High School 1919 E G Avenue, Parchment, MI

49004

Parchment Varsity Athletic Fields 1919 E G Avenue, Parchment, MI

Parchment Middle School 307 N Riverview Drive, Parchment, MI

Central Elementary 516 N. Orient Street, Parchment, MI

North Elementary 5535 Keyes Drive, Kalamazoo, MI

Parchment Innovation Center 1125 E. Mosel Avenue, Kalamazoo, MI 49004

TOTAL COSTS PER MOWING

CYCLE

Parchment Public School District Additional Services

ADDITIONAL SERVICES 2025 Cost Per Rate or

Occurrence

2026 Cost Per Rate or

Occurrence

2027 Cost Per Rate or

Occurrence Spring Application to include pr-emergent with crab grass control and broadleaf weed control

Late Spring application to include slow-release Nitrogen and broadleaf weed control

Late Summer application to include seasonal fertilizer and post emergent weed control

Grub Control for Athletic Fields

Application for carbon supplement and carbon activator (Football Field)

Landscaping – Weed prevention for all landscaping beds (3 times per year)

Spring Clean-up Including trimming of all shrubbery and bushes, pruning of branches, leave removal including haul away

Edging up to 3 times per year around all facilities

ATTACHMENT C

References (including contact and phone number)

1. ___________________________________________________________

2. ___________________________________________________________

3. ____________________________________________________________

ATTACHMENT D

Affidavit of Bidder – Familial Relationships Form

Important: This disclosure statement must be included with your bid as required by state law (Public Act 232 of 2004).

As required by Public Act 232 of 2004, all bids shall be accompanied by a sworn and notarized statement disclosing any familial relationship that exists between the owner or any employee of the bidder and any member of the Parchment Public School District Board of Education or the Superintendent. The Board of Education shall not accept a bid that does not include this sworn and notarized disclosure statement.

The undersigned, the owner or authorized officer of _________________________________ (the “Bidder”), pursuant to the familial disclosure requirement provided in the Request for Proposal, hereby represent and warrant, except as provided below, that no familial relationships exist between the bidder(s) and any employee, member of the Board of Education, or the Superintendent of the Parchment Public School District.

List any Familial Relationships:

BIDDER: ____________________________________

By: _________________________________________

Its: _________________________________________

STATE OF MICHIGAN )

) ss.

COUNTY OF ____________________________ )

The instrument was acknowledged before me on the _____ day of _____________, 2025, by

______________________________________, Notary Public

___________________________________ County, Michigan

My Commission Expires: _____________________

Acting in the County of: ______________________

ATTACHMENT E

AFFIDAVIT OF COMPLIANCE – IRAN ECONOMIC SANCTIONS ACT

Michigan Public Act No. 517 of 2012

The undersigned, the owner or authorized officer of __________________________________ (the "Bidder”), pursuant to the compliance certification requirement provided in the Request for Proposal, hereby certifies, represents and warrants that the Bidder (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 Bidder is awarded a Contract as a result of the aforementioned Request for Proposal, the Bidder will not become an “Iran Linked Business” at any time during the course of performing under the Contract.

The Bidder further acknowledges that any person who is found to have submitted a false certification is responsible for a civil penalty of not more than $250,000.00 or 2 times the amount of the Contract or proposed Contract for which the false certification was made, whichever is greater, the cost of the Intermediate School District’s investigation, and reasonable attorney fees, in addition to the fine. Moreover, any person who submitted a false certification shall be ineligible to bid on an Invitation to Bid for three (3) years from the date it is determined that the person has submitted the false certification.

BIDDER:

Name of Bidder

By: _____________________________________

Its: _____________________________________ Date: ___________________________________

STATE OF MICHIGAN )

)ss.

COUNTY OF_________________________ )

This instrument was acknowledged before me on the _____ day of ____________, 2025, by _________________________________.

____________________________________, Notary Public

_________________ County, _______________________

My Commission Expires: _________________________

Acting in the County of: __________________________

ATTACHMENT F

LAWN & LANDSCAPING AGREEMENT

SERVICES CONTRACT

This Lawn & Landscaping Agreement (the “Agreement”) is made and entered into as of this ____ day of ___________________________, 2025, by and between PARCHMENT PUBLIC SCHOOL DISTRICT, a Michigan intermediate school district, whose address is 520 N. Orient Street, Parchment, MI 49004, and _________________________________. (the “Contractor”), a Michigan corporation, whose address is___________________________________ (individually, a “Party” and collectively, the “Parties”).

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 their powers; and

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

WHEREAS, the Contractor 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:

1. SERVICES GENERALLY.

1.1 The Parties acknowledge and agree that the Lawn & Landscaping Services Request for Proposal dated __________________________________, 2025, including all attachments, addenda, and official written responses to questions thereto, and Contractor’s proposal submitted in response thereto (collectively, the “Proposal”), are incorporated by reference. In the event of a conflict between or among this Agreement and the Proposal, the provision that provides the District with the greatest quality or quantity of service, as determined in the District’s sole discretion, will govern. Unless otherwise stated, subsequent references to the “Contract” will include this document together with the Proposal, and all attachments to the Contract.

1.2 The Contractor must, during the term of the Contract, furnish all labor, management, supervision, and necessary insurances required to provide the District the Lawn & Landscaping Services described in the Proposal and Contract. A non-exhaustive description of required services, schedules, and service levels is set forth in the Proposal.

The Contractor acknowledges that the District’s need for the Lawn & Landscaping Services is comprehensive and complex and that every aspect of such services may not be detailed in this Contract. Therefore, it is understood that, in addition to the services listed in the Proposal and Contract, all tasks incidental to required functions not specifically listed but normally included in general practices related to the Lawn & Landscaping Services will be provided.

1.2.1 As requested by the District, in writing, the Contractor must provide other Lawn & Landscaping Services outside the services to be performed under the Proposal or this Contract when such services do not conflict with regular service obligations (“Additional Services”). The cost for Additional Services, if any, must be based on hourly rates or occurrences mutually agreed upon, in writing, by the Parties prior to the performance of such services.

1.2.2 The Contractor will not be compensated for services outside the scope of services set forth above unless, prior to the commencement of such services: (1) The Contractor notifies the District and the District agrees that such services are outside the scope of services to be performed; (2) The Contractor estimates the additional compensation required for the Additional Services; and (3) the District, after receiving the notice, approves the Additional Services and amount of compensation in writing.

1.3 Notwithstanding paragraph 1.2, the District is not, at any time, obligated to request other services from the Contractor, nor to pay for services not received. The District expressly retains the right to contract separately with other vendors or entities for any services not substantially interfering with Contractor’s performance of this Contract.

1.4 In the performance of services under this Contract, the Contractor (its agents, contractors, and employees) will be regarded at all times as performing services as independent contractors of the District. Consistent with that status, the Contractor reserves to itself the right to designate the means and methods of accomplishing the objectives and purposes of this Contract and the District will not exercise (or have the right to exercise) control or direction over the means and methods utilized by the Contractor in providing services under this Contract. The Contractor will be responsible for the selection, evaluation, training, compensation, and retention of employees, including all necessary management (which are not already provided by the District) and landscaping personnel.

1.4.1 The Contractor will be regarded, designated, and considered to be the employer with respect to all individuals whom the Contractor may select and assign to provide services under this Contract. The Contractor will 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 the Contractor utilizes in connection with providing services under this Contract.

1.4.2 The Contractor will 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 Contract. The District will 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.

1.4.3 The Contractor acknowledges and agrees that it is the sole and exclusive responsibility of the 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 the Contractor to provide services under this Contract. The Contractor acknowledges its legal duty to obtain and maintain Workers’ Compensation and employer’s liability insurance, which the Contractor must maintain, at a minimum, at the required statutory levels for the duration of this Contract. No part of the Contractor’s invoice fees will be subject to withholding by the District for payment of any taxes, social security, pension, retirement, unemployment or workers’ compensation insurance or any other similar tax obligations.

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

1.5 The Contractor’s services will include effective communication with the District including, but not limited to, the District’s administration, Board of Education and, as applicable, with parents, students, and the community.

1.6 To effectuate external cost savings for the District, the Contractor must, using its expertise as the Lawn & Landscaping Services professional, identify and implement any operational efficiencies that will lead to external cost reductions for the District, such as utility costs.

1.7 The Contractor must immediately report to the District any conditions in the buildings or grounds that may require repair (for example, damaged walls, etc.), whether caused by Contractor’s employees, acts of vandalism, or otherwise. The Contractor must, at its own cost, repair any damage to buildings, grounds, and/or equipment caused or permitted by the Contractor or its employees and return the same condition as before entering into this Contract, normal wear and tear excepted, at no cost to the District.

2. MANAGEMENT.

2.1 The Contractor must provide management staff to coordinate all Contractor functions, and the functions of the Contractor’s employees. The Contractor’s management staff must ensure that the District’s needs are smoothly and efficiently met.

2.2 Management staff must be authorized to act as the Contractor’s agent in all communications related to the Contract and be available for on-call emergencies or extraordinary events 24 hours a day, seven (7) days a week, and 365 days of the year and must assign appropriate Contractor personnel to address such emergencies or extraordinary events.

2.3 The Contractor’s management staff must advise the District on routine organization and operational matters concerning the services, provided such consultation does not disrupt the Contractor’s ability to perform the services described in this Contract and the Proposal.

3. OPERATIONS.

3.1 The Contractor must provide all the Lawn & Landscaping Services necessary to meet the District’s needs as set forth in the Proposal this Contract. The Contractor must notify the District immediately of conditions which will affect the performance of the work under the Contract. In either case, the Contractor must communicate how the affected work will be addressed to satisfy its obligations or rescheduled, if acceptable to the District.

3.2 The Contractor must maintain the standard of cleanliness specified in the Proposal and Contract and provide sufficient personnel to ensure that the requirements in the Proposal and Contract are met, and that each facility is effectively cleaned and all other duties are performed in accordance with this Contract.

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

3.4 The District may request different work periods, from time to time, so as to prevent Contractor’s services from interfering with District operations, including special events. The Contractor shall contact the Facilities Manager monthly for updates to the Lawn & Landscaping schedules, site activities, and expectations for each site.

4. CONTRACTOR REQUIREMENTS.

4.1 The Contractor will provide an adequate staff of experienced personnel, capable of, and devoted to, the successful accomplishment of the services to be performed under this Contract. The Contractor will perform the services set forth in this Contract and the Proposal using modern methods and techniques.

4.2 The Parties acknowledge that the District is a public body charged with the care of minor pupils and, therefore, has a significant interest, for public safety purposes, in determining the individuals who may access its facilities. Accordingly, the District may request, subject to the Contractor’s rights as an employer, that the Contractor prohibit a Contractor employee that the District believes jeopardizes the reputation or public safety of the District and its facilities from entering said facilities. Such prohibition will in no way affect the right of the Contractor, in its sole discretion as employer, to hire, assign, reassign, discipline and/or terminate its own employees.

4.3 During the course of this Contract, a meeting may be called at any time by the Contractor or the District to review the quality of the services provided or any other issue that may arise.

4.4 The Contractor must comply with all applicable District policies, including but not limited to, the prohibition of drugs, alcohol, or tobacco in any District building, vehicle, grounds, or functions, and will present themselves in an appropriate manner and attire consistent with a school environment. The Contractor’s employees will be appropriately qualified and trained and possess the requisite certifications or licenses for applicable activities, to perform services under this Contract. The Contractor will maintain a list of employees assigned to each facility, updated as employees are hired or terminated, and maintain daily attendance records, including “log in” and “log out” times for all non-supervisory employees, to enable the District to identify which staff is in a facility at any particular time. The Contractor will provide at least 48 hours’ notice before new employees are placed in any District facility. The District reserves the right to perform any independent background checks on Contractor’s employees, consistent with applicable laws. The Parties recognize that said procedures exist to enable The District to control access to its grounds, protect its students, and track any incidents which may occur on District property.

It is the Parties’ intent that the exercise of said procedures does not constitute, and should not be interpreted as, the District’s exercise of any control or employer functions related to the Contractor’s employees. At no time shall the Contractor’s personnel do any of the following: (a) allow maintenance closets, storerooms, equipment sheds or garages, or other similar maintenance areas to be open and unattended, (b) congregate or have food/drink in unauthorized areas, (c) copy, distribute or loan any key to District facilities, (d) unless necessary to perform services under this Contract, disturb, use, or tamper with personal property owned by the District, its students, or its employees, (e) leave the Lawn & Landscaping and maintenance products and/or equipment unattended, (f) leave equipment or tools unattended 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 to others in an outdoor or indoor area, (i) use any District equipment or furnishings that are not required to perform duties as detailed in this Contract or the Proposal, (j) smoke or use any tobacco products on District property, (k) use or remove any District owned equipment or supplies outside of the District’s facilities, (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 Contractor or they receive prior approval from the District’s designee, or (m) consume alcoholic beverages or use narcotics while on duty or be under their influence when reporting for duty.

4.5 In order to allow the District to control access to its facilities, and ensure the safety of its students, all of the Contractor’s employees performing services pursuant to this Contract are required to wear a: (a) distinctive and matching uniforms that are neat, clean, and identify the individual as an employee of the Contractor; and (b) clearly readable identification badge on the front of the uniform shirt (above the waist and preferably on a breast pocket). In the event the Contractor fails, neglects, or refuses to conform to the above requirements, the Contract may be subject to immediate termination by the District.

4.6 The Contractor hereby agrees to comply with all federal, state, and municipal equal opportunity and anti-discrimination guidelines and regulations, and covenants that neither The Contractor nor any subcontractors will discriminate against an employee or applicant for employment, student, District employee, or District guest, with respect to any actions including, but not limited to, hire, conditions, or privileges of employment, or in a manner directly or indirectly related to employment or education, because of race, color, religion, national origin, age, sex, height, weight, marital status, or disability. Failure on the part of the Contractor to comply with said guidelines and regulations will, upon reasonable notice, constitute grounds for the District to revoke and otherwise terminate this Contract and all obligations of the District thereunder.

4.7 To enable the District to comply with its reporting obligations under the Michigan Public School Employees Retirement Act, 1980 PA 300, as amended, the Contractor: (1) will promptly notify the District in writing of the identity of any individual employed or assigned by the Contractor to perform services at the District that is a retirant from the Michigan Public School Employees Retirement System (MPSERS); and (2) will provide information on a pay period basis regarding any such individual’s wages or amounts paid and hours of service under this Contract, 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).

4.8 The Contractor will 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 Contract. These claims include, but are 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 the Contractor in connection with this Contract. All costs (including legal fees) incurred in connection with the defense of the foregoing matters and any judgments resulting therefrom will be the sole and exclusive responsibility of the Contractor.

4.9 Absenteeism of Management Staff and/or Contractor employees can significantly and adversely affect the quality of services received by the District. The Contractor must maintain qualified substitutes with the required background checks, available at short notice, to ensure that the District is adequately staffed in the event of illness or injury. The Contractor shall ensure staffing is appropriate to complete all required tasks. If an employee’s absence is expected to last more than three consecutive workdays, the Contractor must inform the District’s Facilities Manager of that fact. If the Contractor’s Management Staff is unavailable under the Contract for any substantial period of time (i.e., more than three consecutive workdays), the Contractor shall immediately inform the District’s designee of the absence, the reason for the absence, and how the Contractor will ensure adequate assignment of Management Staff’s responsibilities.

5. TRAINING REQUIREMENTS.

5.1 The Contractor agrees that a formal training program with regularly scheduled sessions, individual tests for competency, and training records is a necessary ingredient in the effective delivery of services. The Contractor will have an on-going, effective, and documented training program which provides all local, state, and federally mandated training, if any, applicable to the services and ensures services are performed in a safe manner.

5.2 The Contractor will show proof that it has provided training and safety programs as required by law and this Contract and will provide to the District a copy of attendance logs and verification. The Contractor’s training and safety programs shall be proactive and shall comply with all District safety rules applicable to the Lawn & Landscaping and maintenance services.

6. SUPPLIES, MATERIALS, AND EQUIPMENT.

6.1 Contractor must provide all tools and other necessary equipment to perform its obligations under this Contract and the tasks designated for Contractor’s employees.

6.2 Notwithstanding anything to the contrary in the Contractor’s Proposal, the

Contractor will be responsible for procuring and purchasing all supplies (including consumables), materials, and equipment related to its performance of services and will be responsible for the storage and proper use of same. The District may, at its discretion, provide a designated area where the Contractor’s supplies, materials and equipment may be stored. Equipment must be maintained in such a manner to ensure the frequencies of the specification are maintained, and the quality is not compromised due to equipment neglect, failure or absence. The District must have no responsibility for any theft, disappearance, or misappropriation of any equipment, supplies, or property of the Contractor. The Contractor’s supplies and equipment must comply with all applicable laws.

7. OTHER CONSIDERATION SERVICES

7.1 Quality Control/Inspections. The Contractor is responsible for inspecting and ensuring conformance with specifications in the Contract, and the Contractor shall submit inspection reports to the District detailing compliance with specifications at the District’s request. As deemed appropriate by the District’s designee, the District may request Management Staff to perform inspections of each of the Lawn & Landscaping locations to:

(1) ensure tasks are completed according to the Contract, and (2) ensure that the quality of services is satisfactory. Inspections shall be documented and submitted to the District.

Inspections may also be made by the District personnel at any time, with or without notice.

Further, an inspection of all locations will be conducted prior to the start of each school year. An inspection may also be conducted in conjunction with the District’s insurance carrier during the course of the year.

7.2 Should the Contractor fail to correct identified deficiencies within a reasonable amount of time (not to exceed 24 hours for daily, weekly, or monthly duties, and not to exceed 48 hours for quarterly, semi-annual, or annual duties), the Contractor may be considered in default of the Contract, and the District may take one or all of the following actions: (a) correct the deficiency and deduct the actual cost of same from the Contractor’s invoice(s), (b) procure service for the correction of the deficiency from other sources and deduct the actual cost of same from the Contractor’s monthly billing, or (c) terminate the contract.

7.3 Prior to bringing any new chemicals onsite, the Contractor must provide a copy of the relevant Safety Data Sheet(s) (“SDS”) to the District’s Facilities Manager or designee.

The Contractor shall keep a complete set of all MSDS for all chemicals used in each facility.

7.4 Lost and Found. All lost and found articles recovered by Contractor’s employees shall be immediately turned into the designated lost and found area of each building or, in the absence of same, to the District’s designee.

8. TERM AND TERMINATION

8.1 The term of this Contract will be for a period of three (3) years, commencing XX, 2025 (“Initial Term”). The Contract will automatically renew under the same terms and conditions on a year-to-year basis, unless cancelled by either Party in writing no less than ninety (90) days prior to the start of the new term (“Renewal Term”). Nothing in this Contract requires the District to exercise its option for a Renewal Term and the Contractor has no expectation of a contract beyond the Initial Term, or a Renewal Term if any is exercised. If the Contract is renewed and if requested by the Contractor in writing within thirty (30) days of the renewal, the Parties can mutually agree to a possible price increase, which under no circumstances will exceed a two (2) percent increase above the previous year’s per occurrence rates.

8.2 This Contract may be terminated upon thirty (30) days’ written notice from the District with or without cause and without incurring any penalty, expense or liability to the Contractor except the District retains the obligation to pay for services actually and properly performed pursuant to the Contract before the date of termination.

8.3 Notwithstanding the preceding paragraph, the District may terminate this Contract immediately if: (a) The Contractor breaches any of its material duties or obligations under the Contract or Proposal, which either cannot be cured or are not cured within the time period specified in the written notice of breach provided by the District; (b) The Contractor poses a serious or imminent threat to the health and safety of any person; (c) The Contractor’s actions pose a serious or imminent loss to any real or tangible personal property; (d) The Contractor is insolvent, bankrupt, or otherwise going out of business;

and/or (e) the State of Michigan’s funding levels and related formulas are materially reduced beyond those levels established for the immediately prior fiscal year for the District.

8.4 The Contractor may terminate this Agreement due to the District’s substantial breach of this Contract upon 90 days’ written notice and an opportunity for the District to cure such breach within 30 days of receiving the notice.

8.5 Regardless of the basis for cancellation, the District will not be obligated to pay the Contractor for any incidental or consequential damages, lost profits, or costs incurred for services not actually performed.

9. INVOICING AND PAYMENT TERMS

9.1 For the services described herein, the Contractor will be paid on a per occurrence rate as described and submitted in the Proposal and included as Attachment B.

9.2 Invoices for approved Additional Services, if any, must include the date and times the Additional Services were completed, the name of the facility, the type of Additional Services performed, and the number of hours worked. Invoices for Additional Services will be separated from the regular monthly invoice but must be sent to the District together with the regular monthly invoice.

9.3 The District must pay undisputed amounts in each invoice within forty-five (45) days of receipt of the invoice. The District will issue no more than one payment per month.

Payments of disputed amounts will be delayed unless the Contractor is able to resolve the matter to the District’s satisfaction within ten (10) business days prior to payment due date.

The District will not be assessed with any late payment penalties, fines, or charges for disputed amounts not timely paid due to the Contractor’s failure to timely resolve the matter as set forth above.

10. INSURANCE AND INDEMNIFICATION.

10.1 Contractor must purchase and maintain for the life of the Contract insurance with limits of liability as required below:

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 Personal Injury & Advertising Injury $1,000,000

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

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

Such insurance will be secured by an insurance company authorized by law to transact the business of insurance in the State of Michigan. All applicable insurances will name as additional insureds the District and its elected and appointed officials, employees, and volunteers. Proof of such insurance, a statement of coverage limits and a copy of the applicable policy must be provided to the District prior to execution of this Contract and not less than thirty (30) days before services are required to begin under this Contract. Such evidence must be in the form of a certificate of insurance issued to the District and must include a minimum of thirty (30) days notification to certificate holders of cancellation, nonrenewal, reduction or change in the policy.

10.2 The Contractor must obtain and maintain during the term of this Contract such other insurance coverage reasonably required and satisfactory to the District, including with respect to coverage limits and deductibles.

10.3 General Indemnification. The Contractor agrees to indemnify, defend, and hold harmless the District, its Board of Education, in their official and individual capacities, administrators, employees, agents, contractors, successors, and assignees, from and against any and all costs, expenses, damages, and liabilities, including actual attorney’s fees, arising out of the: (i) negligent act or willful misconduct of the Contractor, its officers, directors, employees, successors, assignees, contractors, and agents; (ii) any breach of the terms of this Contract by the Contractor; (iii) any breach of any applicable federal, state or local law, rule, regulation, or ordinance; (iv) any breach of any representation or warranty by the Contractor under this Contract; and, (v) any employment claims related to the Contractor’s employees. The Contractor agrees to notify the District by certified mail, return receipt requested, immediately upon actual knowledge of any claim, suit, action, or proceeding for which the District may be entitled to indemnification under this Contract.

This paragraph will survive the expiration or earlier termination of this Contract.

10.4 Environmental Indemnification. The Contractor will not permit itself or any third party to use, generate, handle, store, or dispose of any Hazardous Substances in, on, under, upon, or affecting any District property in violation of any applicable law or regulation.

Without limiting any other provisions of the Contract, the Contractor must indemnify, defend and hold harmless the District, its Board of Education, in their official and individual capacities, administrators, employees, agents, contractors, successors, and assignees from and against all liabilities, claims, losses, costs and expenses (specifically including, without limitation, attorneys’, engineers’, consultants’ and experts’ fees, costs, and expenses) arising from: (i) any breach of any representation or warranty made in this paragraph; and/or (ii) environmental conditions or noncompliance with any applicable law or regulation that result from operations or services in or about any District property by the Contractor or its agents or employees. As used herein, the term “Hazardous Substances” will mean: (i) any hazardous or regulated substance as defined by all federal, state, and local environmental laws including, but not limited to, Federal Water Pollution Control Act (33 USC §§ 1251 et seq.) (“Clean Water Act”), the Resource Conservation & Recovery Act (42 USC §§ 6901 et seq.) (“RCRA”), Safe Drinking Water Act (42 USC §§ 300f-j-26), Toxic Substances Control Act (15 USC §§ 2601 et seq.), Clean Air Act (42 USC §§ 7401 et seq.), the Comprehensive Environmental Response, Compensation and Liability Act (42 USC §§ 9601 et seq.) (“CERCLA”), the Emergency Planning and Community Right to Know Act (42 USC §§ 11001 et seq.) (“EPCRA”), the Michigan Natural Resources and Environmental Protection Act (MCL § 324.101 et seq.), the administrative rules and regulations promulgated under such statutes, or any other similar federal, state or local law or administrative rule or regulation of similar effect, each as amended and as in effect and as adopted as of the date of execution of this Contract; (ii) any other pollutant, contaminant, hazardous substance, solid waste, hazardous material, radioactive substance, toxic substance, noxious substance, hazardous waste, particulate matter (airborne or otherwise), chemical waste, medical waste, crude oil or any fraction thereof, radioactive waste, petroleum or petroleum-derived substance or waste, asbestos, PCBs, radon gas, all forms of natural gas, or any hazardous or toxic constituent of any of the foregoing, whether such substance is in liquid, solid, or gaseous form; or (iii) any such substance the release, discharge or spill of which requires activity to achieve compliance with applicable law. This paragraph will survive the expiration or earlier termination of this Contract.

11. FINGERPRINTING AND CRIMINAL BACKGROUND CHECKS

11.1 Pursuant to the requirements of Sections 1230 and 1230a-h of the Revised School Code, the District must 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 the Contractor under this Contract to regularly and…