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REQUEST FOR PROPOSALS FOR FACILITIES MANAGMENT ...

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warrants to the District that it will at all times during the Initial Term or any<br />

Renewal Term of this Contract be in compliance with the provisions of Michigan<br />

Public Act 84 of 2006, as amended, including, but not limited to, reporting to the<br />

District within 3 business days of when any of its agents, employees or<br />

representatives who will be on the District’s premises to carry out the Facilities<br />

Management Services contemplated by the Contract Documents, is/are<br />

charged with a crime listed in Section 1535a(1) or 1539b(1) of the Revised<br />

School Code, being MCL 380.1535a(1) and 380.1539b(1), or a substantially<br />

similar law, and to immediately report to the District if that person is<br />

subsequently convicted, plead guilty or plead no contest to that crime. The<br />

Contractor shall indemnify, defend and hold the District, its employees, Board of<br />

Education, and each member thereof, agents and consultants, harmless from<br />

and against any and all claims, counter-claims, suits, debts, demands, actions,<br />

judgments, liens, liabilities, costs, expenses, including actual attorneys fees and<br />

actual expert witness fees, arising out of or in connection with any violation of,<br />

or the Contractor’s failure to comply with, the requirements of Michigan Public<br />

Act 84 of 2006, as amended, or this paragraph. The Contractor shall be<br />

responsible for all costs and expenses associated with the above-required<br />

fingerprinting and background checks. The Contractor shall supply all<br />

necessary data and information, as requested by the District, to enable the<br />

District to properly submit Contractor and its employees and agents for<br />

inclusion in the State of Michigan Department of Education’s list of “registered<br />

educational personnel.”<br />

2.5.3 Drug Use Prevention<br />

2.5.3.1 Grounds for Testing: The Contractor shall conduct or cause to be<br />

conducted tests acceptable to The School District of the City of Saginaw that<br />

are designed to determine the presence of illegal drugs, controlled substances,<br />

or alcohol. Such tests shall be administered to:<br />

• All permanent, temporary, or substitute facilities management staff before<br />

their first day of work under this Contract; Test results must be obtained<br />

before the custodian begins work; and<br />

• Any person whom the Contractor or the School District has reasonable<br />

cause to believe has reported to work or is at work or is on the School<br />

District property under the influence of drugs or alcohol.<br />

2.5.3.2 Grounds for Removal from Service: The Contractor must remove a<br />

trainee or employee from the training program or from service, as applicable,<br />

under the following circumstances:<br />

• If a trainee or employee refuses to submit to a drug test in one of the above<br />

described situations;<br />

• If a trainee or employee possesses, consumes, sells, or dispenses alcoholic<br />

beverages, illegal drugs, or controlled substances on The School District of<br />

the City of Saginaw property or during the course of providing facilities<br />

management services to Saginaw Public Schools;<br />

• If a trainee or employee violates the laws pertaining to drugs, controlled<br />

substances, or alcoholic beverages during the course of providing facilities<br />

management services to The School District of the City of Saginaw or<br />

• If a trainee or employee violates the laws pertaining to drugs, controlled<br />

substances, or alcoholic beverages at any time, if doing so adversely<br />

affects the School District, its pupils, or its property;

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