confidentiality agreement.pdf
PDF 214 KB Posted
- Attached to
- Mechanical Maintenance ESH and GSNF
- Solicitation number
- RFP 758 1900000287 3
- Issued by
- Ballard County, Kentucky
About this file
This is a Confidentiality and Security Agreement issued by the Commonwealth of Kentucky, Cabinet for Health and Family Services (CHFS), in connection with RFP 758 1900000287 for Mechanical and Electrical Maintenance Services for Glasgow State Nursing Facility and Eastern State Hospital, released on March 22, 2019. The agreement permits potential bidders to view Control and Mechanical Drawings for Eastern State Hospital located at 1350 Bull Lea Road, Lexington, Kentucky 40508, in order to prepare their proposals. Bidders are required to view the drawings on-site under CHFS supervision and are prohibited from removing, photographing, or duplicating any drawings. All notes and observations taken during the viewing must be stored securely and used exclusively for preparing the RFP response, with bidders required to destroy all notes and observations following submission of their proposal.
The agreement establishes strict confidentiality requirements, designating the drawings and related information as confidential to protect patient and staff safety at Eastern State Hospital. Bidders must agree to indemnify and hold harmless CHFS, its employees, contractors, and agents against all actual and direct losses, liabilities, fines, penalties, and costs resulting from any breach of the agreement's terms. The agreement is governed by Kentucky law and any legal proceedings shall be brought in Franklin Circuit Court. The indemnification obligation survives termination or expiration of the agreement.
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Text version
Cabinet for Health and Family Services
CONFIDENTIALITY AND SECURITY AGREEMENT FOR VIEWING OF
CONTROL AND MECHANICAL DRAWINGS FOR EASTERN STATE HOSPITAL
[MECHANICAL AND ELECTRICAL MAINTENANCE SERVICES FOR GLASGOW
STATE NURSING FACILITY AND EASTERN STATE HOSPITAL RFP 758
1900000287] POTENTIAL BIDDERS
This agreement is entered into by [“Potential Bidder”] as identified below and the Commonwealth of Kentucky, Cabinet for Health and Family Services (“CHFS”) in connection with and subject to the RFP for [MECHANICAL AND ELECTRICAL MAINTENANCE SERVICES FOR GLASGOW STATE
NURSING FACILITY AND EASTERN STATE HOSPITAL RFP 758 1900000287] issued on behalf of
CHFS on [March 22, 2019].
Potential bidder has requested to view the Control and Mechanical Drawings (“the Drawings”) for
Eastern State Hospital in connection with preparing its response to [MECHANICAL AND
ELECTRICAL MAINTENANCE SERVICES FOR GLASGOW STATE NURSING
FACILITY AND EASTERN STATE HOSPITAL RFP 758 1900000287]. Per this request, CHFS agrees to permit potential bidder to view the drawings pursuant to the following terms and conditions.
1) The Drawings may be viewed by the potential bidder at Eastern State Hospital 1350 Bull Lea
Road Lexington, Ky. 40508.
2) While the potential bidder is viewing the Drawings, the potential bidder shall be supervised by an employee or employees of CHFS.
3) The potential bidder shall not be permitted to remove the Drawings from the physical premises of CHFS, nor shall the Bidder be permitted to photocopy, photograph or otherwise duplicate the Drawings.
4) The potential bidder agrees that any notes or observations it takes regarding the Drawings will be stored by the potential bidder in a secure manner in a such a way as to prevent unauthorized access thereto. The potential bidder agrees that any notes or observations regarding the
Drawings, or other information obtained as result of the reviewing the Drawings shall only be used for the express purpose of responding to the RFP.
5) The potential bidder expressly recognizes that the Drawings, as well as any notes and observations or information related thereto, are confidential in nature and that their secure storage is necessary to protect the safety and welfare of the patients and staff of Eastern State
Hospital.
6) The potential bidder agrees that it shall indemnify, defend, and hold harmless CHFS and its employees, contractors and agents (“the Indemnified Parties”) against all actual and direct losses suffered by any Indemnified Party and all liability to third parties arising from or in connection to potential bidder’s actions or omissions arising out of the potential bidder’s obligations under this agreement. Potential bidder, on demand, shall reimburse any
Indemnified Party for any and all actual and direct losses, liabilities, fines, penalties or costs
(including reasonable attorneys’ fees) which may be imposed on an Indemnified Party by reason of any suit, claim, proceeding, or demand which results from the potential bidder’s breach of its obligations under this agreement. The obligation to indemnify any Indemnified
Party shall survive the expiration or the termination of this agreement for any reason.
7) After the potential bidder’s response to the RFP is submitted, the potential bidder agrees to destroy any notes or observations it took regarding the Drawings.
8) This agreement shall be governed by the laws of the Commonwealth of Kentucky with any legal proceedings related to this agreement brought in the Franklin Circuit Court for the
Commonwealth of Kentucky.
9) This agreement shall be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns.
I have read the above and represent that I am authorized to sign this agreement on behalf of the
Potential Bidder.
Signature and Title for Potential Bidder Date
Company Name and Address
Contact Email Contact Phone Number
Signature and Title for CHFS Date
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