City of Mason. Request for Proposals for Janitorial Services. Proposals Due: May 7, :00 a.m. Proposals shall be delivered to the:

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1 City of Mason Request for Proposals for Janitorial Services Proposals Due: May 7, :00 a.m. Proposals shall be delivered to the: City of Mason Clerk s Department 201 W. Ash Street Mason, Michigan Phone: (517)

2 1.0 INTENT The City of Mason, herein referred to as City, solicits proposals from interested and qualified vendors experienced with cleaning (to Leadership in Energy and Environmental Design (LEED) standards) municipal office buildings and police departments. The City anticipates a 3-year cleaning agreement with an option to renew for two (2) additional years, to provide cleaning services at the City Hall and Police Department building. Please note that the facilities may be viewed on Monday, April 26, 2010 at 10:00 a.m. Contractors may meet at the current City Hall facilities at 201 W. Ash Street in Mason and then proceed to the new City Hall promptly at 10:00 a.m. 2.0 SCOPE OF SERVICES 2.1 LABOR The Contractor shall furnish and maintain an adequate number of properly trained cleaning personnel together with sufficient and competent supervision in order to provide satisfactory nightly cleaning services at all times. All employees assigned to this contract shall be trained in LEED standards such as the Cleaning Industry Management Standards for Green Buildings (CIMS-GB). Cleaning services shall be provided Monday through Friday, excluding holidays when the City's offices are closed. The Contractor shall employ only qualified supervisors and workers who are skilled in the performance of janitorial services. Personnel performing work under this contract shall be direct employees of the Contractor and shall wear uniforms or name tags that identify them as employees of the Contractor. Contractor's employees are to present a professional appearance, shall be neat, clean, well groomed, courteous, and conduct themselves in a respectable manner while performing duties and while on City property. The Contractor shall ensure that all personnel assigned to this work site have at least one (1) year's experience in the janitorial services industry, either with the Contractor or another janitorial company. The City reserves the right to review the resumes of all personnel performing under this contract. The City will have the right to require the dismissal from the premises covered by this contract any employee whose conduct is improper, inappropriate, or offensive as determined solely by the City. Any employee so dismissed from working on this contract shall not be allowed to return to the premises without written consent from the City. Personnel not employed by the Contractor (including minors not employed by the Contractor) shall 1

3 not be permitted on the work premises. The Contractor shall thoroughly investigate and check the police records of all its employees covered under this contract. This information shall be provided to the City before any employees are permitted to work. All employees of the Contractor are required to sign in and out daily in a log book provided by the City. 2.2 SUPPLIES The Contractor shall furnish, at Contractor's expense, all supplies (excluding hand towels, toilet tissue and hand soap), including but not limited to, trash can liners, floor finishes, waxes, glass cleaners, etc., all of which must be approved in writing by the City. The Contractor shall fill toilet room dispensers daily with, adequate supplies (hand towels, toilet tissue and hand soap provided by others) to last throughout the next day. All supplies, products and cleaning methods/specifications shall meet the CIMS-GB requirements or equivalent. 2.3 UNOCCUPIED AREAS All unoccupied areas shall be kept clean at all times. 2.4 CITY OF MASON SMOKING POLICY Smoking is prohibited in all City of Mason buildings. 2.5 LIGHTS (CONSERVATION OF ENERGY) Only those lights necessary for cleaning in the immediate areas where employees are working will be lighted. Contractor shall ensure that all lights on premises are as they were found when work is completed. 2.6 SECURITY The Contractor shall be responsible for all keys/key cards issued to all individuals: Keys/key cards shall not be left in doors, and employees are not under any circumstances to admit anyone to offices where they are working. Doors are not to be propped open at any time. All doors shall be closed, locked, and checked upon leaving offices that have been cleaned. The Contractor shall be responsible for setting all alarms and shall be responsible for any callbacks for not setting alarms properly. Any costs incurred as a result of lost keys/key cards or re-keying will be deducted from Contractor s payment. Employees of the Contractor shall not disturb papers on desks, open drawers or cabinets, use telephones or tamper with personal property. 2

4 Employees of the Contractor shall report to the City anything out of the ordinary, such as doors unlocked, stopped toilets or drains, broken fixtures, lights out of order, etc. Such reports may be recorded in the daily log book. 2.7 CONTRACTOR-PROVIDED EQUIPMENT The Contractor shall provide, at their expense, all power tools, machines and equipment necessary to perform the work as specified. Only industrial type equipment is to be used. All tools, machines, and methods shall meet the CIMS-GB standards or equivalent. The Contractor shall furnish a recommended list of equipment to the City for review. All power tools, machines and equipment necessary to perform the specified work are to be approved by the City. All equipment must be maintained in first-class working condition satisfactory to the City, and acceptable spare equipment must be available for replacement of broken items within twenty-four (24) hours. Upon notification by the City that any of the Contractor's equipment is unacceptable, Contractor shall have five (5) business days to replace said unacceptable equipment. If Contractor fails to replace unacceptable equipment within the five (5) day period, the City reserves the right to withhold $50.00 per day (up to a maximum of $1,000 per month) from Contractor's contract amount until said equipment is replaced. 2.8 SAFETY & TRAINING Safety is the responsibility of the Contractor. All equipment and materials will be handled and operated safely per manufacturer recommendations and in accordance with all applicable codes, laws, ordinances and regulations. Contractor is responsible for the training of all employees both initially and on-going as deemed critical to the effective operation of this contract. Contractor shall be responsible for the training of employees to be in compliance with OSHA regulations. All containers must be labeled. Material Safety Data Sheet (MSDS) must be promptly submitted to the City and maintained on site by the Contractor in compliance with OSHA's Hazardous Communication Program. 2.9 CLEANING REQUIREMENTS It is the purpose of these specifications to insure that all services and materials necessary to clean and keep clean all portions of the buildings are provided, unless otherwise indicated. It is understood that the highest possible standards of cleanliness are to be maintained. The following sets forth the tasks and frequencies with which said tasks are to be performed, and shall in no way be construed as an exhaustive or absolute listing of responsibilities. Subjective terms such as as 3

5 needed are construed to have the meaning as determined by the City CARPET CLEANING REQUIREMENTS - SPOT CLEANING Spot cleaning of carpets shall be performed nightly using an approved method by properly trained personnel. If it is determined by the City that spot cleaning is not being consistently and adequately performed by the Contractor, the City reserves the right to hire its own source for nightly spot cleaning services with the cost being deducted from Contractor's contract amount. Baseboard shall be kept clean at all times LOBBY AREAS/STAIRWAYS/CORRIDORS AND VESTIBULE: Nightly: 1. Spot clean entrance glass interior and exterior. 2. Spot clean balcony glass. 3. Dust mop and damp mop floors. 4. Spot clean finger-marks, smudges, etc. from walls and partitions. 5. Vacuum carpets and runners and spot clean. 6. Empty waste containers. Replace liners and damp wipe as needed. 7. All stairways, hallways and vestibules must be swept/vacuumed nightly. Weekly: 1. Vacuum carpets (corners and under tables). 2. Clean and disinfect table and counter tops. Monthly: 1. Dust furniture, window blinds, ledges and sills. Clean chairs, table tops and counter tops. 2. Mop all solid surface stairways, hallways and vestibules. Mopping may be needed more often during inclement weather, as determined by the City. 3. Clean balcony glass (side opposite stairway only). Quarterly: 1. Clean tables and chairs, including table bases and chair legs. Semi-Annually: 1. Clean balcony glass (stairway side only) PRIVATE OFFICES, CUBICLES, AND GENERAL WORK AREAS: Nightly: 1. Empty waste containers. Replace liners and damp wipe as needed. 2. Spot clean finger marks, smudges, etc. from walls. 3. Vacuum high traffic areas of carpets and runners and spot clean. Weekly: 4

6 1. Vacuum carpets (corners and under tables). 2. Damp wipe phones with a disinfectant. 3. Clean and disinfect table and counter tops. Monthly: 1. Dust furniture, equipment, file cabinets, window sills, blinds and ledges. Only those surfaces totally cleared of papers and personal items are required to be dusted. 2. Clean chairs, desks and counter surfaces. Only those surfaces cleared of papers and personal items are required to be cleaned. 3. Disinfect all phone receivers and cradles. Semi-Annually: 1. Vacuum upholstered chairs. 2. Vacuum fabric panels (if applicable) COUNCIL CHAMBERS/CONFERENCE ROOMS/WAITING AREAS: Council Chambers are used intermittently. Contractor should check with the room schedule and perform the following duties: After each use: 1. Empty waste containers. Replace liners and damp wipe, as needed. 2. Spot clean finger marks, smudges, etc. from walls and partitions. 3. Vacuum high traffic areas of carpets and runners, spot clean as needed. Monthly: 1. Dust furniture, equipment, file cabinets, window sills, blinds, ledges, baseboards and wall trim. 2. Clean chairs, desks and counter surfaces. 3. Vacuum carpets thoroughly (in corners and under tables). 4. Dust all baseboards. 5. Wipe chairs as needed. Semi-Annually: 1. Vacuum and extract upholstered chairs (must be done at least semi-annually, but may be required more frequently). 2. Clean tables and chairs including table bases and chair legs (must be done at least semi-annually, but may be required more frequently) RESTROOMS/LOCKERS/SHOWERS: Nightly: 1. Clean and sanitize all toilets, toilet seats, sinks, benches and washroom/shower fixtures with a disinfectant. All toilet seats to be left up after cleaning. 2. Remove splash marks from walls and partitions around sink basins, soap 5

7 dispensers, and toilets. 3. Replenish restroom supplies (as applicable). 4. Empty and waste containers. Replace liners and damp wipe as needed. 5. Clean mirrors, shelves and equipment. 6. Thoroughly mop tile floors including corners and under vanities using a disinfectant. 7. Clean showers and shower room floors using a disinfectant. 8. Clean baby stations and disinfect. Monthly: 1. Clean walls and partitions. Semi-Annually 1. Clean wall and floor tile, including grout, remove stains and accumulated dirt, spills, drips, etc. Report missing or loose tile/grout where found KITCHENS/BREAKROOMS (including Police Dept. coffee station): Nightly: 1. Empty wastepaper containers. Replace liners and wash all spills and drips as necessary. 2. Clean table tops and counter tops. 3. Vacuum carpets and runners thoroughly, including corners and underneath tables and chairs. Weekly: 1. Dust mop and damp mop all tile/vinyl floors. Monthly: 1. Dust furniture, equipment, file cabinets, heat registers, window sills, blinds and ledges. 2. Scrub all chairs, table tops and bases, counter tops, kitchen appliances and cupboards, coolers, and other equipment ELEVATOR Nightly: 1. Vacuum carpets, dust mop and damp mop floors, as needed. 2. Spot clean finger-marks, smudges, etc. from walls, control panels and other finishes, as needed. 3. Damp wipe control panels with a disinfectant TILE REQUIREMENTS: 1. Monthly - all vinyl tile shall be burnished with a mop on gloss restorer. 2. Quarterly - all ceramic, quarry or other non vinyl tile areas shall be scrubbed with an automatic scrubber or low speed scrubber with a wet/dry vacuum. 6

8 3. Semi-Annually - all vinyl tile shall be scrubbed and recoated with at least two (2) coats of wax that has a solid content that is over 22 percent. 4. Annually - all vinyl tile shall be stripped and recoated with three (3) coats of wax that has a solid content that is over 22 percent. 5. All furniture needs to be removed and replaced by the Contractor when stripping, waxing or scrubbing and recoating SPECIAL CLEANING PROJECTS 1. Windows: Clean interior windows semi-annually (completed after 5 PM and notification to the City one week in advance.) Spot clean daily as necessary. 2. Light Fixtures and air vents (including exhaust vents): Dust and clean twice a year. 3. Police Department: Clean and disinfect all counter surfaces, tabletops, phone receivers and cradles SATISFACTORY COMPLETION OF CLEANING TASKS To ensure that the services as outlined in the specifications are provided, the Contractor upon award of the proposal shall provide the City a written schedule or timetable for completion of those tasks which are required on a weekly, monthly, quarterly or semi-annual basis. The Contractor shall include in this schedule the day of the week each section of the building will be dusted so that City employees may clear the surfaces to be dusted of personal items, papers, plants, etc. A daily logbook will be maintained in a specified area of the building in which the City's representatives will record complaints, tasks which have not been satisfactorily completed, special needs, and comments. Space will be provided for the Contractor's Supervisor to respond, note any problems or unusual occurrences, and also indicate when noted deficiencies have been corrected. If deficiencies are not corrected in a timely manner (i.e. nightly tasks - 24 hours; weekly tasks - 3 days; all other tasks - 7 days), the City reserves the right to deduct 5 percent of Contractor's monthly payment for each occurrence. The City also reserves the right to hire an outside firm to perform those duties not completed in a timely or satisfactory manner and the cost shall be deducted from Contractor's contract amount DAMAGE TO CITY PROPERTY Any damage to City property caused by the Contractor's employees, equipment, or products shall be corrected immediately upon notification. If not corrected by Contractor, the City will use its resources to repair damaged property and will deduct the expense from Contractor's next monthly payment BILLING/INVOICE REQUIREMENTS The Contractor shall submit, at most, a monthly invoice to the City for work performed in the previous month. The invoice shall show the Contractor's 7

9 name, business address, address for payment remittance (if different from business address) and the period covered by the invoice. If scheduled weekly tasks were not performed in the period being billed, a prorated credit shall be included on the invoice and deducted from the total amount for that period's services. If work is requested on an "as needed basis", there will be a separate invoice created for those services. No work outside of the service contract can be billed unless it is first requested/approved in writing by the City and signed by the Zoning and Development Director SECURITY CLEARANCE Contractor s employees assigned to this contract must be fingerprinted and a criminal records check completed. No one with a prior felony or serious misdemeanor conviction will be granted access to the City Hall/Police Department facility unless mitigating factors are identified, and at the discretion of the Chief of Police, which would allow for the employee to be in a secured area. The Mason Police Department will complete the necessary background checks to save costs and assure compliance with Michigan State Police auditing policies BUILDING AND EMPLOYEE DATA The attached floor plan, including square footage and interior room finish specifications, is provided as a reference only and should not be construed as exact measurements; Contractors are responsible for their own measurements. Those rooms shown with an x through them are restricted areas and should not be included in Contractor s calculations. Contractors will meet in the Zoning and Development Department at the current City Hall at 201 W. Ash Street, Mason. Please RSVP by calling Mr. David Haywood, Zoning and Development Director, at (517) The total number of employees using this facility is approximately 13 at City Hall and 16 in the Police Department RESPONSE FORMAT The items listed below shall be submitted with each proposal, with each item clearly marked. Failure to include all listed items may result in the rejection of proposal. QUESTIONNAIRE A. COMPANY OVERVIEW & QUALIFICATIONS Please introduce and give a brief background on your company. Provide address, phone and fax number, address, and business hours of your company's home office. List the number of clients your company currently serves. 8

10 Describe any characteristics of your firm that distinguish it from others. What geographical areas does your firm provide janitorial services to? What is the current number of employees working for your firm? What has been the employee turnover rate for your firm in the past year? How many years has your firm been in the janitorial service business. B. CUSTOMER SERVICE Describe how you propose to work with the City providing the services covered under this contract. What is your firm's policy and practice regarding guaranteed response times, for correcting subsequent issues and concerns brought to it by the City? C. JOB SCREENING AND HIRING Describe in detail your firm's job screening and hiring process. D. TRAINING Describe the type(s) of training your employees have had that is directly related to the performance of the janitorial services requested under this solicitation. Describe the level of LEED training provided to your employees. List any other training provided to your employees. E. EQUIPMENT List the type, quantity, and age of industrial cleaning equipment your firm will use under this contract. Provide adequate documentation that the equipment that will be used in our facility meets current LEED standards. F. CITY OF MASON CONTRACT Indicate the name of the person who will be responsible for administering the contract, if awarded. Also include the person's title, telephone number, address and address. List the number pf employees that will be assigned to this contract. Attach resumes or biographies of all members of the Contractor's team that are to provide services under this contract. COMPENSATION AND COST DATA Provide the total cost breakdown for a 3-year contract (for years ) for which your firm will provide the work described in this Request for Proposal. REFERENCES Provide a listing of at least three (3) current customers who s accounts are of similar size and scope. The services provided to these clients shall have characteristics as 9

11 similar as possible to those proposed in this RFP. Information provided for each client shall include the following: Client name, address, and current telephone number Description of services provided Time period of the project or contract Client's contact reference name and current telephone number ACCEPTANCE OF CONDITIONS Indicate any exceptions to the general terms and conditions of the RFP and any other requirements listed in the RFP. 3.0 SUBMISSION REQUIREMENTS 3.1 PROPOSAL PROCESS Proposers are to submit written proposals which present their qualifications, references, and understanding of the work performed. The proposal should be prepared simply and economically and should provide all the information which it considers pertinent to its qualifications for the project and which respond to the information listed herein. Emphasis should be placed on completeness of services offered and clarity of content. Brevity is encouraged in all responses. Proposals which do not completely address all the solicitation requirements will be considered non-responsive and may be excluded from consideration: Any exceptions shall be duly noted in the submittal. All fees and costs must be disclosed in the proposal. 3.2 TIMELY SUBMITTALS Time is of the essence and any proposal or addenda pertaining thereto received after the announced time and date for submittal, whether by mail or otherwise, will be rejected. It is the sole responsibility of the proposer for ensuring that their proposals are time stamped by the Clerk s Department. Proposals and/or any addenda pertaining thereto received after the announced time and date of receipt, by mail or otherwise, will be returned to the proposers. However, nothing in this RFP precludes the City from requesting additional information at any time during the selection process. 3.3 AUTHORITY TO BIND FIRM IN CONTRACT Proposer shall provide full firm name and address. Failure to manually sign the proposal may disqualify it. Firm name and authorized signature must appear in the space provided on the enclosed "Signature Sheet". 4.0 GENERAL PROPOSAL INFORMATION 10

12 4.1 RIGHT OF REJECTION The City reserves the right to reject any or all proposals, to waive any informalities or irregularities in proposals, and/or to negotiate separately the terms and conditions of all or any part of the proposals as determined to be in the City's best interests at its sole discretion. 4.2 ADVICE OF OMISSION OR MISSTATEMENT In the event it is evident to a proposer responding to this RFP that the City has omitted or misstated a material requirement to this RFP and/or the services required by this RFP, the responding vendor shall advise Mr. David E. Haywood, Zoning & Development Director, at (517) of such omission or misstatement. 4.3 NOTIFICATION OF WITHDRAWAL OF PROPOSAL Proposals may be withdrawn prior to the date and time specified for proposal submission with a formal written notice by an authorized representative of the proposer. Proposals submitted will become the property of the City after the proposal submission deadline. 4.4 COST OF PREPARATION The City will not pay any costs incurred in the proposal preparation, printing or demonstration process. All costs shall be borne by the proposers. 4.5 STANDARD FORMS Any preprinted contract forms the vendor proposes to include as part of the contract resulting from this solicitation must be submitted as part of the proposal. Any standard contract provisions not submitted as part of the proposal and subsequently presented for inclusion may be rejected. The City reserves the right to accept or reject in whole or in part any form contract submitted by a proposer and/or to require that amendments be made thereto, or that an agreement drafted by the City be utilized. 4.6 COMPETITION Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict competition. On the contrary, all responsible firms are encouraged to submit proposals. 4.7 PRE-OPENING INQUIRES/RESPONSE Any explanation desired by a proposer regarding the meaning or interpretation of this RFP and attachments must be requested in writing and presented to the City City, attention Mr. David E. Haywood, Zoning & Development Director. Written requests may either be mailed to the City of Mason, 201 W. Ash Street, Mason, Michigan 48854, faxed to (517) or ed to davidh@mason.mi.us. 11

13 All responses shall be in writing and shall be furnished to all proposers as an addendum to the RFP. Receipt of all addendums shall be acknowledged upon the proposal by attachment at the time of the submission of the proposal. All addendums shall be signed and dated by the proposer. No oral explanation or instruction of any kind or nature whatsoever given before the award of a contract to a proposer shall be binding. 4.8 ADDENDUM(S) If it becomes necessary to revise any part of this RFP or if additional data is necessary to enable an exact interpretation of provisions of this RFP, an addendum will be issued to all vendors known to have received a proposal and also posted on the City s website at It is the responsibility of the proposer to ensure that he/she has received and signed all addendums prior to submitting a proposal. 5.0 CONTRACTUAL TERMS AND CONDITONS 5.1 NONDISCRIMINATION CLAUSE The Proposer who is selected as the Contractor, as required by law, and/or the Equal Opportunity Employment and Non-Discrimination Policy of the City of Mason, shall not discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions or privilege of employment, or a matter directly or indirectly related to employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, height, weight, marital status, age or political affiliation (except where age, sex or lack of disability constitutes a bona fide occupational qualification.) The Contractor shall adhere to all applicable Federal, State and local laws, ordinances, rules and regulations prohibiting discrimination, including, but not limited to, the following: The Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended. The Persons with Disabilities: Civil Rights Act, 1976 PA 220, as amended. Section 504 of the Federal Rehabilitation Act of 19.73, P.L , 87 Stat. 394, as amended, and regulations promulgated there under. The Americans with Disabilities Act of 1990, P.L , 104 Stat 328 (42 USCA et seq.), as amended, and regulations promulgated there under. Breach of this section shall be regarded as a material breach of the agreement. 5.2 INDEMNIFICATION AND HOLD HARMLESS The Proposer who is selected as the Contractor shall, at its own expense, protect, defend, indemnify, save and hold harmless the City of Mason and its elected and appointed officers, employees, servants and agents from all claims, damages, lawsuits, costs and expenses including, but not limited to, all costs from administrative proceedings, court costs and attorney fees that the City of Mason and its elected and 12

14 appointed officers, employees, servants and agents may incur as a result of the acts, omissions or negligence of the Contractor or its employees, servants, agents or subcontractors that may arise out of the agreement. The Contractor's indemnification responsibility under this section shall include the sum of damages, costs and expenses which are in excess of the sum of damages, costs and expenses which are paid out in behalf of or reimbursed to the City, its officers, employees, servants and agents by the insurance coverage obtained and/or maintained by the Contractor. 5.3 INDEPENDENT CONTRACTOR The Proposer who is selected as the Contractor shall be an independent contractor. The employees, servants and agents of the Contractor shall not be deemed to be and shall not hold themselves out as employees, servants, or agents of the City and shall not be entitled to any fringe benefits received by the City's personnel, such as, but not limited to health and accident insurance, life insurance, longevity or paid sick or vacation leave. The Contractor shall be responsible for paying all compensation to its personnel for services they have performed under this Contract and for withholding and payment of all applicable taxes to the proper Federal, State and local governments. 5.4 INSURANCE The Proposer who is selected as the Contractor shall purchase and maintain insurance not less than the limits set forth below. All coverage shall be with insurance companies licensed and admitted to do business in the State of Michigan and with insurance carriers acceptable to City of Mason and have a minimum A. M. Best Company's Insurance Reports rating of A or A(Excellent). Worker's Disability Compensation Insurance including Employers Liability Coverage in accordance with all applicable Statutes of the State of Michigan. Commercial General Liability Insurance on an "Occurrence Basis" with limits of liability not less than $1,000,000 per occurrence and/or aggregate combined single limit coverage shall include the following: (A) contractual liability; (B) products and completed operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Endorsement or Equivalent. Motor Vehicle Liability Insurance including Michigan no-fault-coverage, with limits of liability of not less than $1,000,000 per occurrence combined single limit bodily injury and property damage. Coverage shall include all owned vehicles, all non-owned vehicles and all hired vehicles. Additional Insured - Commercial general liability insurance, as described above, shall include an endorsement stating the following shall be additionally insured: the City of Mason, all elected and appointed officials, all 13

15 employees and volunteers, all boards, commissions and/or authorities and board members, including employees and volunteers thereof. Cancellation Notice - All insurances described above shall include an endorsement stating the following: "It is understood and agreed that thirty (30) days advanced written notice of cancellation, non-renewal, reduction and/or material change shall be sent to: City of Mason City, 201 W. Ash Street, Mason, Michigan Proof of Insurance - The vendor shall provide to the City of Mason at the time the contracts are returned by it for execution, two (2) copies of certificates of insurance for each of the policies mentioned above. If so requested, certified copies of all policies will be furnished. The City shall be provided a copy of said insurance policy at least annually and/or whenever requested by the City. 5.5 APPLICABLE LAW AND VENUE Any agreement resulting from this RFP shall be construed according to the laws of the State of Michigan: The City and vendors agree that the venue for any legal action under this agreement shall be the City of Mason, State of Michigan. In the event that any action is brought under any agreement resulting from the RFP in Federal Court, the venue for such action shall be the Federal Judicial District of Michigan, Western District, and Southern Division. 5.6 COMPLIANCE WITH THE LAW Contractor shall render the services to be provided pursuant to this agreement in compliance with all applicable Federal, State, and local laws, ordinances, rules, and regulations. 5.7 SUBCONTRACTING PROHIBITED Subcontracting or assigning any portion of the work described/expected in this RFP or resulting contract to a subcontractor is strictly prohibited. 5.8 CONTRACT TERMINATION The City of Mason may terminate this contract for cause on written notice to Contractor if: 1) Contractor breaches any of its material duties or obligations under the contract, which either cannot be cured or are not cured within the time period specified in the written notice of breach provided by the City; 2) Contractor poses a serious or imminent threat to the health and safety of any person; 3) Contractor s actions pose a serious or imminent loss to any real or tangible personal property; 4) Contractor is insolvent, bankrupt, or otherwise out of business. The City of Mason, on thirty (30) days written notice to the Contractor, may terminate 14

16 this contract or purchase order, or any portion thereof, for any reason, including convenience, without incurring any penalty, expense or liability to the Contractor except the obligation to pay for services actually performed under the contract before the date of termination. In the case of non-compliance, termination could be effective immediately. 6.0 CONTRACT AWARD 6.1 NOTICE OF AWARD A Notice of Award will be posted on the City's web site at CONTRACT TERM Contract shall be for a term of three (3) years with an option to renew for two (2) years upon the mutual written consent of both the City and Contractor. 6.3 CONTRACT APPROVAL The Mason City Council must approve the contract resulting from this solicitation. The City will prepare a formal contract specific to this solicitation for execution by the successful Contractor. 15

17 SIGNATURE SHEET (Please type or print clearly in ink only) RFP Janitorial Services My signature certifies that the proposal as submitted complies with all terms and conditions as set forth in the RFP, except as noted herein. My signature also certifies that the accompanying proposal is not the result of, or affected by, any unlawful act of collusion with another person or company engaged in the same line of business or commerce. I hereby certify that l am authorized to sign as a representative for the firm: Complete Legal Name and Address of Firm: Remit to Address: Fed ID No.: Signature: Name (type/print): Title: Telephone: ( ) Fax No.: ( ) Date: