REQUEST FOR PROPOSALS FOR FACILITIES MANAGMENT ...

REQUEST FOR PROPOSALS FOR FACILITIES MANAGMENT ... REQUEST FOR PROPOSALS FOR FACILITIES MANAGMENT ...

05.02.2014 Views

laws, rules, regulations, policies and procedures, including, but not limited to, compliance with MCL 380.1274 and applicable S.P.S.D. policy and procedures. (b) Equipment. The Contractor may utilize the S.P.S.D.’s existing Inventory of equipment and small hand tools (the “Equipment”) to perform the Facilities Management Services. Title to this Equipment shall remain with the S.P.S.D. The S.P.S.D. and Contractor agree that the Inventory of S.P.S.D.-owned Equipment as of the Effective Date is set forth on Exhibit C. The Contractor shall be responsible for maintaining the Equipment, or repairing it if it is damaged, at its sole cost and expense. The S.P.S.D. will allot $33,000 per year of the Initial Term or any Renewal Term to the Contractor for the purchase of new equipment and hand tools to be used to replace retired Equipment. The Contractor shall submit a written request to the S.P.S.D. for the approval of any such purchases and the S.P.S.D. will issue payment in accordance with Section 3 above, upon receipt of the actual invoice/purchase order for the S.P.S.D. approved new equipment or hand tools. Title to this new equipment or hand tools shall remain with the S.P.S.D., although the Contractor shall maintain and repair such newly purchased equipment or hand tools at its sole cost and expense. It is understood and agreed that the new equipment purchased shall not be used to replace Equipment that is damaged due to the fault of Contractor. The Inventory shall be updated annually to reflect any new equipment purchased. 5. FINGERPRINTING AND CRIMINAL BACKGROUND CHECKS The Contractor acknowledges and agrees that unless the S.P.S.D. notifies the Contractor that it is not subject to the provisions of Michigan Public Act 84 of 2006, as amended, the Contractor will have it, and any and all of its agents, employees or representatives who will be on any S.P.S.D. premises to carry out the Facilities Management Services contemplated by the Contract Documents, fingerprinted and subjected to criminal history and background checks through the Michigan State Police and Federal Bureau of Investigation, as detailed in Public Act 84 of 2006, as amended, prior to commencing any work under this Contract by presenting themselves, or any of its agents, employees or representatives, for proper fingerprinting and criminal backgrounds checks, as directed by the S.P.S.D., or provide written notification to the S.P.S.D. that Contractor or its employee(s) has previously completed fingerprinting and a criminal history and background check in connection with contracting or working for another school district, intermediate school district, public school academy or nonpublic school (each an “Agency”) and consents to the sharing or transferring of the appropriate fingerprinting and criminal history background report from the other Agency. If Contractor wishes to receive a copy of any report, it shall have the employee provide written consent to the S.P.S.D. acknowledging its consent to provide Contractor with a copy of the report. Additionally, unless notified it is not subject to Michigan Public Act

84 of 2006, as amended, the Contractor represents and warrants to the S.P.S.D. that it will at all times during the Initial Term or any Renewal Term of this Contract be in compliance with the provisions of Michigan Public Act 84 of 2006, as amended, including, but limited to, reporting to the S.P.S.D. within 3 business days of when it, or any of its agents, employees or representatives who will be on S.P.S.D. premises to carry out the Facilities Management Services contemplated by the Contract Documents, is/are charged with a crime listed in Section 1535a(1) or 1539b(1) of the Revised School Code, being MCL 380.1535a(1) and 380.1539b(1), or a substantially similar law, and to immediately report to the S.P.S.D. if that person is subsequently convicted, plead guilty or plead no contest to that crime. The Contractor shall indemnify, defend and hold the S.P.S.D., its employees, Board of Education, and each member thereof, agents and consultants, harmless from and against any and all claims, counter-claims, suits, debts, demands, actions, judgments, liens, liabilities, costs, expenses, including actual attorneys fees and actual expert witness fees, arising out of or in connection with any violation of, or the Contractor’s failure to comply with, the requirements of Michigan Public Act 84 of 2006, as amended, or this paragraph. The Contractor shall be responsible for all costs and expenses associated with the above-required fingerprinting and background checks. The Contractor shall supply all necessary data and information, as requested by the S.P.S.D., to enable the S.P.S.D. to properly submit Contractor and its employees and agents for inclusion in the State of Michigan Department of Education’s list of “registered educational personnel.” 6. INDEMNIFICATION (a) General Indemnification. Contractor agrees to indemnify, defend and hold harmless the S.P.S.D., 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 reasonable 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 Contractor; (iii) any breach of any applicable Federal, State or local law, rule, regulation or ordinance; or (iv) any breach of any representation or warranty by Contractor under this Contract. The Contractor agrees to notify the S.P.S.D. by certified mail, return receipt requested, immediately upon actual knowledge of any claim, suit, action, or proceeding for which the S.P.S.D. may be entitled to indemnification under this Contract. This paragraph shall survive the expiration or earlier termination of this Contract. (b) Environmental Indemnification. Throughout the Initial Term, or any Renewal Term of this Contract, Contractor shall 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 S.P.S.D.

laws, rules, regulations, policies and procedures, including, but not limited<br />

to, compliance with MCL 380.1274 and applicable S.P.S.D. policy and<br />

procedures.<br />

(b)<br />

Equipment.<br />

The Contractor may utilize the S.P.S.D.’s existing Inventory of equipment<br />

and small hand tools (the “Equipment”) to perform the Facilities<br />

Management Services. Title to this Equipment shall remain with the<br />

S.P.S.D. The S.P.S.D. and Contractor agree that the Inventory of<br />

S.P.S.D.-owned Equipment as of the Effective Date is set forth on Exhibit<br />

C. The Contractor shall be responsible for maintaining the Equipment, or<br />

repairing it if it is damaged, at its sole cost and expense. The S.P.S.D. will<br />

allot $33,000 per year of the Initial Term or any Renewal Term to the<br />

Contractor for the purchase of new equipment and hand tools to be used<br />

to replace retired Equipment. The Contractor shall submit a written<br />

request to the S.P.S.D. for the approval of any such purchases and the<br />

S.P.S.D. will issue payment in accordance with Section 3 above, upon<br />

receipt of the actual invoice/purchase order for the S.P.S.D. approved new<br />

equipment or hand tools. Title to this new equipment or hand tools shall<br />

remain with the S.P.S.D., although the Contractor shall maintain and<br />

repair such newly purchased equipment or hand tools at its sole cost and<br />

expense. It is understood and agreed that the new equipment purchased<br />

shall not be used to replace Equipment that is damaged due to the fault of<br />

Contractor. The Inventory shall be updated annually to reflect any new<br />

equipment purchased.<br />

5. FINGERPRINTING AND CRIMINAL BACKGROUND CHECKS<br />

The Contractor acknowledges and agrees that unless the S.P.S.D. notifies the<br />

Contractor that it is not subject to the provisions of Michigan Public Act 84 of 2006, as<br />

amended, the Contractor will have it, and any and all of its agents, employees or<br />

representatives who will be on any S.P.S.D. premises to carry out the Facilities<br />

Management Services contemplated by the Contract Documents, fingerprinted and<br />

subjected to criminal history and background checks through the Michigan State Police<br />

and Federal Bureau of Investigation, as detailed in Public Act 84 of 2006, as amended,<br />

prior to commencing any work under this Contract by presenting themselves, or any of<br />

its agents, employees or representatives, for proper fingerprinting and criminal<br />

backgrounds checks, as directed by the S.P.S.D., or provide written notification to the<br />

S.P.S.D. that Contractor or its employee(s) has previously completed fingerprinting and<br />

a criminal history and background check in connection with contracting or working for<br />

another school district, intermediate school district, public school academy or nonpublic<br />

school (each an “Agency”) and consents to the sharing or transferring of the appropriate<br />

fingerprinting and criminal history background report from the other Agency. If<br />

Contractor wishes to receive a copy of any report, it shall have the employee provide<br />

written consent to the S.P.S.D. acknowledging its consent to provide Contractor with a<br />

copy of the report. Additionally, unless notified it is not subject to Michigan Public Act

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