Final_RFQ_721_2200000158_1_SO_FORM.PDF

Document ID: RFQ 721 2200000158 Page: 1

Commonwealth of Kentucky

SOLICITATION

Modification: No Version #:

TITLE: CHFS Pest Control Services for Northern Bluegrass Region

Date Issued:

03/16/2022 Record Date:

2022-03-15

Solicitation Closes Date:

4/15/22 Time:

02:00

Solicitation No:

RFQ 721 2200000158

Online Bidding Prohibited: Yes For Information Call:

Morgan Fitzgerald 502-564-7736

Bid Receiving Location:

CHFS OATS Division of Procurement & Grant Oversight

BUYER

275 E Main Street 4E-C

Frankfort KY 40621

Vendor Customer Number:

Vendor Name:

Phone Number:

Fax Number:

Email Address:

Ordering

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Payment

Address:

City, State, Zip:

Contact Name:

Contact Email:

Contact Phone Number:

Ownership Type

__ Sole Proprietorship __ Partnership __ Corporation __ Other_________________________

SIGNATURE OF AUTHORIZED AGENT IS REQUIRED UNLESS RESPONSE

IS SUBMITTED ELECTRONICALLY. FAILURE TO SIGN SHALL RENDER

THE BID INVALID.

Signature X_________________________________________ FEIN#____________________ Date____________

All offers subject to all terms and conditions contained in this solicitation.

Document ID: RFQ 721 2200000158 Page: 2

Line Items

Commodity Group: Default

Line CL Description Quantity UOM Unit Cost Line Total or Contract Amnt

1 Carrollton - PR #3294 - Pest Control - 7/1/2022-6/30/2023

12.00000 MO

Comm Code Comm Description Manufacturer Model # Manuf Part #

91059 Pest Control (Incl. Termite Inspection and Control, Bird Pro

Extended Description Pest Control Services for CHFS Northern Bluegrass Region

PR #3294

1714 Highland Ave Carrollton, KY Square Footage: 3442 Contact Person: Building Manager 502-732-6681

Appendix A, Cabinet for Health and Family Services Privacy and Security of Protected Health, Confidential and Sensitive Information Agreement shall be required to be completed for every employee that works under this contract. Form shall be completed and submitted to each location's Building Manager.

2 Newport - PR #3698 - Pest Control -

Northern Bluegrass Region

PR #3698

601 Washington ST Newport, KY Square Footage: 25152 Contact Person: Building Manager 859-292-2907

Appendix A, Cabinet for Health and Family Services Privacy and Security of Protected Health, Confidential and Sensitive Information Agreement shall be required to be completed for every employee that works under this contract. Form shall be completed and submitted to each location's Building

Document ID: RFQ 721 2200000158 Page: 3

3 Warsaw - PR #3850 - Pest Control -

Northern Bluegrass Region

PR #3850

100 West Market Street Warsaw, Ky Square Footage: 4230 Contact Person: Building Manager 859-576-7381

Appendix A, Cabinet for Health and Family Services Privacy and Security of Protected Health, Confidential and Sensitive Information Agreement shall be required to be completed for every employee that works under this contract. Form shall be completed and submitted to each location's Building

4 Paris - PR #3855 - Pest Control -

Northern Bluegrass Region

PR #3855

525 High Street Paris, Ky Square Footage: 8275 Contact Person: Building Manager 859-987-4655

Appendix A, Cabinet for Health and Family Services Privacy and Security of Protected Health, Confidential and Sensitive Information Agreement shall be required to be completed for every employee that works under this contract. Form shall be completed and submitted to each location's Building

Document ID: RFQ 721 2200000158 Page: 4

5 Falmouth - PR #4200 - Pest Control -

Northern Bluegrass Region

PR #4200

500 Market Street Falmouth, KY Square Footage: 5869 Contact Person: Building Manager 859-654-3381.

Appendix A, Cabinet for Health and Family Services Privacy and Security of Protected Health, Confidential and Sensitive Information Agreement shall be required to be completed for every employee that works under this contract. Form shall be completed and submitted to each location's Building

6 Carlisle - PR #4513 - Pest Control -

Northern Bluegrass Region

PR #4513

311 Moorefield Rd Carlisle, KY Square Footage: 4520 Contact Person: Building Manager 859-289-7123

Appendix A, Cabinet for Health and Family Services Privacy and Security of Protected Health, Confidential and Sensitive Information Agreement shall be required to be completed for every employee that works under this contract. Form shall be completed and submitted to each location's Building

Document ID: RFQ 721 2200000158 Page: 5

7 Owenton - PR #4577 - Pest Control -

Northern Bluegrass Region

PR #4577

75 Duke Avenue Owenton, KY Square Footage: 5785 Contact Person: Building Manager 859-484-3937

Appendix A, Cabinet for Health and Family Services Privacy and Security of Protected Health, Confidential and Sensitive Information Agreement shall be required to be completed for every employee that works under this contract. Form shall be completed and submitted to each location's Building

8 Florence - PR #4613 - Pest Control -

Northern Bluegrass Region

PR #4613

8311 US 42

Florence, KY Square Footage: 27236 Contact Person: Building Manager 859-283-3153

Appendix A, Cabinet for Health and Family Services Privacy and Security of Protected Health, Confidential and Sensitive Information Agreement shall be required to be completed for every employee that works under this contract. Form shall be completed and submitted to each location's Building

Document ID: RFQ 721 2200000158 Page: 6

9 Georgetown - PR #5297 - Pest Control -

Northern Bluegrass Region

PR #5297

100 Technology Court Georgetown, KY Square Footage: 13847 Contact Person: Building Manager 502-868-7115

Appendix A, Cabinet for Health and Family Services Privacy and Security of Protected Health, Confidential and Sensitive Information Agreement shall be required to be completed for every employee that works under this contract. Form shall be completed and submitted to each location's Building

10 Covington - PR #5300 - Pest Control -

Northern Bluegrass Region

PR #5300

130 West 43rd Street Covington, KY Square Footage: 57325 Contact Person: Building Manager 859-292-6340

Appendix A, Cabinet for Health and Family Services Privacy and Security of Protected Health, Confidential and Sensitive Information Agreement shall be required to be completed for every employee that works under this contract. Form shall be completed and submitted to each location's Building

Document ID: RFQ 721 2200000158 Page: 7

11 Williamstown - PR #5576 - Pest Control -

Northern Bluegrass Region

PR #5576

505 South Main Street Williamstown, KY Square Footage: 4659 Contact Person: Building Manager 859-824-4471

Appendix A, Cabinet for Health and Family Services Privacy and Security of Protected Health, Confidential and Sensitive Information Agreement shall be required to be completed for every employee that works under this contract. Form shall be completed and submitted to each location's Building

12 Cynthiana - PR #5510 - Pest Control -

Northern Bluegrass Region

PR #5510

59 Eastridge Road Cynthiana, KY. 41031 Square Footage: 6,414 Contact Person: Building Manager 859-234-6262

Appendix A, Cabinet for Health and Family Services Privacy and Security of Protected Health, Confidential and Sensitive Information Agreement shall be required to be completed for every employee that works under this contract. Form shall be completed and submitted to each location's Building

Shipping Information Various Shipping

See Extended Description

Various KY

Billing Information CHFS OATS Division of Procurement & Grant Oversight CHFS.Contracts@ky.gov 275 E Main Street 4E-C

Frankfort KY 40621

Document ID: RFQ 721 2200000158 Page: 8

Submission Checklist

The following items will be required to be submitted with bid:

Item Bidder with highest years experience receives maximum score.

The bidder with the lowest price receives the maximum score.

CABINET FOR HEALTH AND FAMILY SERVICES

REQUEST FOR QUOTE # RFQ 721 2200000158

Northern Bluegrass Region RFQ CLOSING DATE/TIME: April 15, 2022 2:00PM

The vendor shall complete and sign the first page of the Request For Quote (RFQ).

The vendor is responsible for checking the web-site (https://eProcurement.ky.gov) for any addendum to this RFQ. If modifications have been made, the vendor’s signature is required on the latest addendum. In the event any conflict or variation between the RFQ or modification as issued by the Commonwealth and the vendor’s response, the version as issued shall prevail.

All quotes shall be submitted on the attached forms. The form titled “Required Affidavit for Bidders, Offerors, and Contractors” (Attachment A) shall be completed and notarized. Please refer to Method of Award Section for information regarding Reciprocal Preference (Attachment B) and Qualified Bidder Status (Attachment C). Complete Attachment B and/or C if your company qualifies for these preferences.

Failure to complete and sign the first page of the RFQ, as well as, Attachment A shall result in a non-responsive bid/proposal.

QUOTE SUBMISSION INFORMATION:

Quotes shall be submitted by MAIL OR HAND DELIVERY to the following:

Morgan Fitzgerald, Purchasing Agent II CHFS Division of Procurement and Grant Oversite

Service Acquisition Branch 275 East Main Street, 4E-C

Frankfort, KY 40621 Phone: (502) 564-7736

Fax: (502) 564-5531 Morgan.fitzgerald@ky.gov

Hand carried quotes are to be delivered to the designated address prior to the published closing time. Vendors are responsible for allowing adequate time for delivery and security clearance. Building security delays shall not be justification for acceptance of a late quote.

QUESTIONS:

Questions specific to bidding procedures, regulations and/or technical requirements must be submitted in writing to the buyer via email or fax no later than 2:00 P.M.

EST on March 29,2022. No questions shall be accepted after the deadline. Oral questions shall not be accepted at any time. The Commonwealth shall respond to salient questions in writing by issuing an Addendum to the Solicitation. The Addendum shall be posted to the Commonwealth’s E-Procurement page.

OFFER PREPARATION:

Document Description Page 9

2200000158 CHFS Pest Control Services for Northern Bluegrass Region https://eProcurement.ky.gov

1. Review the entire RFQ, including specifications, instructions, attachments incorporated by reference, and any drawings.

2. Provide all the information requested in the RFQ.

3. The RFQ specifies the terms and conditions of the contract that will be awarded. No other terms shall be proposed.

4. Sign your offer in ink.

5. Quote unit pricing after deducting trade discounts and calculating quantity discounts (unless otherwise instructed) and then extend totals to the amount column for each item offered. In case of discrepancy between a unit price and extended price, the unit price shall govern.

6. Cash discounts are not considered in the selection of the winning quote and should not be offered.

7. Prompt payment terms offered may be considered in the selection of the winning quote if so stated in the RFQ.

8. Offer items or services specified only, unless other options are requested in the RFQ.

9. Offer a definite time for delivery of supplies or performance of services unless otherwise specified in the RFQ. When delivery is not made as required by the contract, the Commonwealth reserves the right to make the purchase on the open market, with any cost in excess of the contract price payable by the defaulting vendor. Failure to meet contract delivery dates may also be cause for contract cancellation, bidder suspension, or both pursuant to 200 KAR 5:315.

10. Offer firm pricing that includes shipping. Shipping shall be F.O.B.

Destination Freight Prepaid and Allowed.

11. Any equipment offered shall be new and current model unless otherwise specified. Any equipment delivered that does not meet this requirement shall be returned and replaced with the required equipment by the vendor at the vendor’s expense.

12. The manufacturer’s most favorable warranty offered to preferred customers shall apply to all items. A copy of such warranty shall be furnished to the agency upon delivery of goods.

13. When samples are required, they shall be submitted within the time specified and at no expense to the Commonwealth of Kentucky. If not destroyed by testing, samples may be returned at the offeror’s request and expense.

Unless a request for their return is made within thirty (30) days of award of contract, all samples shall become property of the Commonwealth.

14. Pricing shall be firm and shall remain valid for hundred eighty (180) days.

SCOPE OF WORK:

The Kentucky Cabinet for Health and Family Services (CHFS) is seeking quotes for monthly Pest Control and Extermination Services. Under this contract, pest control is the use of properly registered pesticides and/or the use of approved devices at scheduled times and at monthly interval to provide adequate and acceptable levels of insect and rodent population suppression at the locations covered by this contract.

Monthly pest control service is to eradicate and control rats, mice, roaches, water bugs, wasps, fleas, silverfish, ants, spiders, bats, snakes, ticks and all other insects with the exception of termites, carpenter ants, and bed bugs.

Document Description Page 10

2200000158 CHFS Pest Control Services for Northern Bluegrass

It is the intent to award a 12 month contract with an optional 12 month renewal period.

Refer to the Commonwealth of Kentucky, Cabinet for Health & Family Services Standard Terms & Conditions Clause titled “Term of Contract & Contract Termination”.

Bidders may inspect the site where services are to be performed and to satisfy themselves as to all general and local conditions that may affect the cost of performance of the contract; to the extent such information is reasonably obtainable. In no event shall a failure to inspect the site constitute grounds for a claim after award of the contract. Bidders who chose to conduct site visits are asked to sign in with the building manager. Site visits are permitted up to April 8, 2022. Pricing information shall not be made known in any form to agency representatives during the site visit. Failure to comply with these requirements shall render the bid non-responsive.

TREATMENT AREA:

Treatment shall include all office space, conference rooms, reception areas, break rooms, janitorial closets, stairwells, storage areas, hallways, canteen areas, restrooms, and the exterior perimeter of the first floor of the building.

SERVICE REQUIREMENTS:

Service to include one (1) treatment each month and call back services, if necessary, at no additional charge. The call back services will be required within forty-eight (48) hours of the facility notifying the vendor of the need for the call back service.

Contractors are to schedule a date and time with the building manager for services to be completed each month. Contractors are to complete the services during normal working hours unless prior approval is given to treat a location at an alternative time by the building manager. CHFS reserves the right to request contracted services be performed after hours at any location to suit the locations needs. Contractors shall be required to check in and out with the building manager or his/her designee at each service location upon each pest control treatment and shall submit a service ticket for the CHFS building representative’s signature. A copy of this signed service ticket must be included with each monthly invoice. Failure to provide service tickets with invoice or failure to obtain CHFS signature on service tickets may result in non-payment of services.

The cabinet reserves the right to add or delete locations if necessary; thereby, changing the monthly contract rate.

INSURANCE

Upon award of Contract, the Vendor shall provide proof of insurance within 5 days to

Morgan Fitzgerald, Purchasing Agent II

Document Description Page 11

CHFS Division of Procurement and Grant Oversite, Service Acquisition Branch, 275 East Main Street, 4E-C, Frankfort, KY 40621 Morgan.fitzgerald@ky.gov

Vendor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by vendor, its agents, representatives or employees. Workers’ Compensation limits as required by the Labor Code of the Commonwealth of Kentucky and employers limits of $1,000,000 per accident.

CONTRACTOR RESPONSIBLITIES:

The Contractor is responsible for the implementation of the pest control programs required by this contract. The Contractor is responsible for providing pesticide applicators that have been trained to handle and apply the classes of pesticide products necessary to implement the pest control programs required by this contract.

Service shall be performed by personnel who are trained in the latest techniques and methods of pest extermination. Vendor shall furnish equipment necessary for the fulfillment of this contract. Including, but not limited to, bait boxes, Ladders, Sprayers, and traps. As part of the service the vendor also agrees to provide consultation services, In–service training, and general information for hard to solve pest issues that may arise

The Contractor is further responsible that the pest control programs required under this contract fully complying with the applicable Federal, State, and local pesticide laws and regulations within the legal jurisdiction that the premises covered by this contract are located.

All insecticides, rodenticides, and bait stations shall be removed from the premises covered by this contract at its conclusion. When necessary to install rodent bait boxes, the Contractor will supply a written report to the Agency which indicates the box location, date of installation and removal. Written certification of all removals shall be submitted to the Building Manager at contract conclusion.

Contractor shall be responsible for providing all Safety Data Sheets (SDS) for each chemical that will be used. (Additional copies of the SDS sheets must be provided to the personnel at each location.)

Contractor shall provide point of contact for billing and servicing issues.

PESTICIDE PRODUCTS:

No pesticide shall be used in any pesticide program required by this contract in any manner inconsistent with its labeling. All pesticides used in the pest control programs covered by this contract shall be properly labeled for the control of the target pests against which they are being used and label instructions shall be strictly adhered to.

Document Description Page 12

ALL CHEMICALS USED SHALL BE IN ACCORDANCE WITH ALL FEDERAL,

STATE AND LOCAL REGULATIONS.

All pesticides shall be procured, processed, handled, and applied in strict accordance with the manufacturer’s label which shall be registered with the Environmental Protection Agency and applicable State Lead Agency for enforcement of the Federal Insecticide, Fungicide and Rodenticides Act (FIFRA). The vendor shall exercise all possible care in safeguarding the health and safety of all clients and staff. No chemicals toxic to Human Beings are to be used at any time without prior approval of Agency officials.

METHOD OF AWARD:

Best Value – Ranking Approach

The Commonwealth intends to award a Contract to the Vendor, whose offer, conforming to the RFQ, is the most advantageous based on "best value" for all products, services, and requirements contained herein.

An evaluation committee, or a designated individual, will evaluate the information provided by the Vendor in response to the established measurable criteria contained in the RFQ.

Measurable Criteria:

Price 90 Points Experience 10 Points TOTAL 100 Points

Price (90 points) The bidder with the lowest Price receives the maximum score. The bidder with the next lowest Price receives points by dividing the lowest Price by the next lowest price and multiplying that percentage by the available points. For example, 90 points is allocated to the lowest Price criteria for this procurement, Bidder “A” bids $6,000.00 as the lowest bidder and receives the maximum 90 points ($6,000 / $6,000= 1.00 x 90 = 90). Assume Bidder “B” is the next lowest bidder at $7,000, then “B” receives 77 points ($6,000 / $7,000) = .857x 90 =77).

Months in Business (10 points) A minimum of twenty-four (24) months in business providing pest control services is required for this contract. The bidder with the greatest number of months in business providing pest control services (120 months maximum for evaluation purposes) over the twenty-four months minimum requirements receives the maximum points. The bidder with the next greatest number of months in business providing pest control services over the minimum requirement receives points by dividing his number of months by the greatest number of months and multiplying that percentage by the available points. For example, assume 120 months is the offer from bidder “A” , then bidder “A” receives 10 points 120/120= 1.00x10=10). Assume 80 is the greatest offer from bidder “B”, then he receives 7 points 80/120=.66x10=6.6), etc. No points shall be awarded to vendors who do not exceed the minimum requirement of twenty-four (24) months.

Document Description Page 13

PLACE MONTHS OF BUSINESS HERE:____________

Best Value scoring is subject to Reciprocal preference for Kentucky resident bidders and Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries (KAR 200 5:410).

KRS 45A.490 Definitions for KRS 45A.490 to 45A.494.

As used in KRS 45A.490 to 45A.494:

(1) "Contract" means any agreement of a public agency, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item; and

(2) "Public agency" has the same meaning as in KRS 61.805.

KRS 45A.492 Legislative declarations.

The General Assembly declares:

(1) A public purpose of the Commonwealth is served by providing preference to Kentucky residents in contracts by public agencies; and

(2) Providing preference to Kentucky residents equalizes the competition with other states that provide preference to their residents.

KRS 45A.494 Reciprocal preference to be given by public agencies to resident bidders -- List of states -- Administrative regulations.

(1) Prior to a contract being awarded to the lowest responsible and responsive bidder on a contract by a public agency, a resident bidder of the Commonwealth shall be given a preference against a nonresident bidder registered in any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the nonresident bidder.

(2) A resident bidder is an individual, partnership, association, corporation, or other business entity that, on the date the contract is first advertised or announced as available for bidding:

(a) Is authorized to transact business in the Commonwealth; and

(b) Has for one (1) year prior to and through the date of the advertisement, filed Kentucky corporate income taxes, made payments to the Kentucky unemployment insurance fund established in KRS 341.490, and maintained a Kentucky workers' compensation policy in effect.

(3) A nonresident bidder is an individual, partnership, association, corporation, or other business entity that does not meet the requirements of subsection (2) of this section.

(4) If a procurement determination results in a tie between a resident bidder and a nonresident bidder, preference shall be given to the resident bidder.

(5) This section shall apply to all contracts funded or controlled in whole or in part by a public agency.

(6) The Finance and Administration Cabinet shall maintain a list of states that give to or require a preference for their own resident bidders, including details of the preference given to such bidders, to be used by public agencies in determining resident bidder preferences. The cabinet shall also promulgate administrative regulations in accordance with KRS Chapter 13A establishing the procedure by which the preferences required by this section shall be given.

(7) The preference for resident bidders shall not be given if the preference conflicts with federal law.

(8) Any public agency soliciting or advertising for bids for contracts shall make KRS 45A.490 to 45A.494 part of the solicitation or advertisement for bids.

Document Description Page 14

The reciprocal preference as described in KRS 45A.490-494 above shall be applied in accordance with 200 KAR 5:400.

Determining the residency of a bidder for purposes of applying a reciprocal preference

Any individual, partnership, association, corporation, or other business entity claiming resident bidder status shall submit along with its response the attached Required Affidavit for Bidders, Offerors, and Contractors Claiming Resident Bidder Status (Attachment B).

The BIDDING AGENCY reserves the right to request documentation supporting a bidder’s claim of resident bidder status. Failure to provide such documentation upon request shall result in disqualification of the bidder or contract termination.

A nonresident bidder shall submit, along with its response, its certificate of authority to transact business in the Commonwealth as filed with the Commonwealth of Kentucky, Secretary of State. The location of the principal office indentified therein shall be deemed the state of residency for that bidder. If the bidder is not required by law to obtain said certificate, the state of residency for that bidder shall be deemed to be that which is identified in its mailing address as provided in its bid.

Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries (KAR 200 5:410).

Pursuant to 200 KAR 5:410, and KRS 45A.470, Kentucky Correctional Industries will receive a preference equal to twenty (20) percent of the maximum points awarded to a bidder in a solicitation. In addition, the following “qualified bidders” will receive a preference equal to fifteen (15) percent of the maximum points awarded to a bidder in a solicitation: Kentucky Industries for the Blind, any nonprofit corporation that furthers the purposes of KRS Chapter 163 and any qualified nonprofit agencies for individuals with severe disabilities as defined in KRS 45A.465(3). Other than Kentucky Industries for the Blind, a bidder claiming “qualified bidder” status shall submit along with its response to the solicitation a notarized affidavit (Attachment C) which affirms that it meets the requirements to be considered a qualified bidder- affidavit form included. If requested, failure to provide documentation to a public agency proving qualified bidder status may result in disqualification of the bidder or contract termination.

Past Vendor Performance may be considered in the award of this Contract. Vendors with a record of poor performance in the last 12 months may be found non-responsible and ineligible for award.

REGISTRATION WITH THE SECRETARY OF STATE BY A FOREIGN ENTITY:

Pursuant to KRS 45A.480(1)(b), an agency, department, office, or political subdivision of the Commonwealth of Kentucky shall not award a state contract to a person that is a foreign entity required by KRS 14A.9-010 to obtain a certificate of authority to transact business in the Commonwealth (“certificate”) from the Secretary of State under KRS

Document Description Page 15

2200000158 CHFS Pest Control Services for Northern Bluegrass Region http://www.lrc.ky.gov/KRS/014A09/010.PDF http://www.lrc.ky.gov/KRS/014A09/030.PDF

14A.9-030 unless the person produces the certificate within fourteen (14) days of the bid or proposal opening. Therefore, foreign entities should submit a copy of their certificate with their solicitation response. If the foreign entity is not required to obtain a certificate as provided in KRS 14A.9-010, the foreign entity should identify the applicable exception in its solicitation response. Foreign entity is defined within KRS 14A.1-070.

For all foreign entities required to obtain a certificate of authority to transact business in the Commonwealth, if a copy of the certificate is not received by the contracting agency within the time frame identified above, the foreign entity’s solicitation response shall be deemed non-responsive or the awarded contract shall be cancelled.

Businesses can register with the Secretary of State at https://secure.kentucky.gov/sos/ ftbr/welcome.aspx.

AWARD INFORMATION:

To view the Award dates and Vendors receiving awards for Commonwealth of Kentucky Quotes, please access our E-Commerce Web Site at https://eprocurement.ky.gov/. The award data can be viewed under the eMARS Browse Bid Opportunity link, click public access then Business Opportunities, Search for Solicitations, Status change to awarded and click the Browse link.

Document Description Page 16

Region http://www.lrc.ky.gov/KRS/014A09/030.PDF http://www.lrc.ky.gov/KRS/014A09/010.PDF http://www.lrc.ky.gov/KRS/014A01/070.PDF https://secure.kentucky.gov/sos/ftbr/welcome.aspx https://secure.kentucky.gov/sos/ftbr/welcome.aspx

The Commonwealth of Kentucky, Cabinet for Health and Family Services, Office of Administrative and Technology Services, hereinafter referred to as the Cabinet, is issuing this contract to procure the service of a qualified vendor to assist the Cabinet for the purpose as outlined in the Extended

Description of the contract or attached Scope of Work (if applicable).

The Buyer named below shall be the sole point of contact throughout the procurement process for all oral and written communications:

For the purpose of this contract, the following terms may be used interchangeably:

(1) Proposer, Offeror, Contractor, Provider, or Vendor

(2) Commonwealth Buyer, Buyer, Purchaser, or Contract Officer

(3) Commonwealth of Kentucky, Commonwealth, or State

(4) Cabinet for Health and Family Services or Cabinet

(5) Fiscal Year means the Commonwealth’s fiscal year which is July 1 through June 30.

(6) Biennium means the Commonwealth’s biennium which is July 1 of each

Document Description Page 17 even numbered year through June 30 of the preceding odd numbered year.

Titles of paragraphs used herein are for the purpose of facilitating ease of reference only and shall not be construed to infer a contractual construction of language. Any addenda thereto shall become part of this contract with the successful Vendor. It shall be incorporated into the contract by reference.

The Finance and Administration Cabinet’s Manual of Policies and Procedures

FAP 110-10-00 General Conditions and Instructions for Solicitations and

Contracts are incorporated by reference into this document. To find a copy of the FAP, go to http://finance.ky.gov/services/eprocurement/Pages/LawsPrefRegsPolicies.aspx.

This written notice of award is furnished to the vendor and shall be deemed to be a binding contract without further action by either party. The vendor shall commence any billable work as this valid contract has been executed.

The vendor shall not refer to the award of contract in commercial advertising in such a manner as to state or imply that the vendor or its services are endorsed or preferred by the Commonwealth of Kentucky.

The term of the contract shall be for a period of from the effective date of the Award of the Contract, unless otherwise stated within the Extended Description of the contract or attached Scope of Work (if applicable). The Contract may be extended at the completion of the initial

Document Description Page 18

2200000158 CHFS Pest Control Services for Northern Bluegrass http://finance.ky.gov/services/eprocurement/Pages/LawsPrefRegsPolicies.aspx

Contract period for . This extension must have the written approval of the Vendor and the CHFS Division of Accounting and

Procurement Services. If the Contract resulting from this Solicitation provides for an optional renewal period, the Commonwealth of Kentucky reserves the right to renegotiate any terms and/or conditions as may be necessary to meet requirements for the extended period. The Vendor will be advised of any proposed revisions prior to the renewal periods. In the event proposed revisions cannot be agreed upon, either party shall have the right to withdraw without prejudice from either exercising the option or continuing the contract in an extended period.

If this contract is for a term that extends beyond the end of the biennium in which the contract was made, payment and performance obligations for succeeding fiscal years are subject to the availability of funds therefore.

When funds are not appropriated or otherwise made available to support continuation of performance of the contract beyond the biennium, the contract for such subsequent year(s) may be canceled and the contractor shall be reimbursed in accordance with 200 KAR 5:312.

The contract represents the entire agreement between the parties with respect to the subject matter hereof. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this contract.

Pursuant to KRS 45A.210 (1) and 200 KAR 5:311, no modification or change of any provision in the contract shall be made or construed to have been made, unless such modification is mutually agreed to in writing by the vendor and the Commonwealth and incorporated as a written amendment to the contract and processed by the Commonwealth Buyer and approved by the

Cabinet prior to the effective date of such modification or change.

Document Description Page 19

If the vendor finds at any time that existing conditions make modification of the contract necessary, it shall promptly report such matters to the

Commonwealth Buyer for consideration and decision.

The parties acknowledge that KRS 45A.225 to 45A.290 governs contract claims.

The laws of the Commonwealth of Kentucky shall govern contracts or orders placed. The rights and obligations of the parties shall be determined in accordance with the laws of the Commonwealth of Kentucky. An offer conditioned upon governance by the laws of a state other than Kentucky shall not be considered.

This contract is subject to the laws of the Commonwealth of Kentucky and where applicable Federal law. Both parties shall demonstrate compliance with all governing laws, regulations or other authorities in effect on the date of contract award and shall remain compliant with all governing laws, regulations or other authorities as amended throughout the life of the contract, including extensions. The vendor shall procure all necessary permits and licenses and abide by all applicable laws, regulations, and ordinances of all Federal, State, and local governments in which work under this contract is performed. Any litigation with respect to this contract shall be brought in state or federal court in Franklin County, Kentucky.

If the Buyer determines that deliverables due under the contract are not in conformance with the terms and conditions of the contract and the Extended

Description of the contract or attached Scope of Work (if applicable), the

Buyer may request the vendor to deliver assurances in the form of additional

Document Description Page 20 vendor resources and to demonstrate that other major schedules shall not be affected. The Commonwealth shall determine the quantity and quality of such additional resources and failure to comply may constitute default by the contractor.

If any provision of this contract (including items incorporated by reference) is declared or found to be illegal, unenforceable, or void, then both the

Commonwealth and the vendor shall be relieved of all obligations arising under such provision. If the remainder of the contract is capable of performance, it shall not be affected by such declaration or finding and shall be fully performed.

Sales of tangible personal property or services to the Commonwealth and its agencies are not subject to state sales or use taxes pursuant to KRS

139.470(7).

All shipping shall be F.O.B. Destination Freight Prepaid and Allowed.

Delivery shall be within thirty (30) days after receipt of order (ARO), unless otherwise specified in the RFQ if applicable.

The Vendor shall provide its most favorable warranty. A copy of such warranty shall be furnished to the agency upon delivery of the equipment.

The Vendor will not be liable under the above warranty for any defects or damages resulting from unforeseeable causes beyond the control and without the fault or negligence of the Vendor, such as misuse or neglect by the State, acts of God, fires, floods and hurricanes.

Document Description Page 21

The Commonwealth shall make payment within thirty working days of receipt of vendor’s invoice and of acceptance of goods and/or services in accordance with KRS 45.451 through 45.458.

Payments are predicated upon successful completion and acceptance of the described work, services, supplies, commodities, or deliverables and delivery of the required documentation. Invoices shall contain, at minimum, the contract number, description and dates of services. An original and one (1) copy of each invoice shall be submitted to:

The Contract shall constitute the entire agreement between the State and awarded Contractor. Unless contractually provided, State agencies utilizing this Contract will not be required to enter into nor sign further agreements, leases, company orders, or other documents to complete or initiate the terms of a Contract. Any such documents so obtained will be non-binding on the

State and agents of the State and will be cause for breach of contract.

All services performed under contract shall be in accordance with the terms and provisions of the contract. It will be the agency’s responsibility to ensure that such services rendered are performed and are acceptable.

The relationship between the State and Contractor is that of client and independent contractor. No agent, employee, or servant of the Contractor or any of its subcontractors shall be or shall be deemed to be an employee, agent, or servant of the State for any reason. The Contractor will be solely and entirely responsible for it acts and the acts of its agents, employees, servants, and subcontractors during the performance of this Contract.

Document Description Page 22

Major deviations of services performed will not be made without the written approval of the Contract Issuing Office. Problems that arise under any aspect of performance should first be resolved between the Vendor and the agency. Either party should refer in writing any such problems and/or disagreements that cannot be resolved to the Finance and Administration

Cabinet’s Office of Procurement Services.

All supplies, equipment, and services shall be subject to inspection or tests by the Commonwealth prior to acceptance. In the event supplies, equipment, or services are defective in material or workmanship or otherwise not in conformity with specified requirements, the Commonwealth shall have the right to reject the items or services or require acceptable correction at the

Vendor’s expense.

The Contractor shall purchase Kentucky-grown agricultural products as specified in KRS45A.645, if the products are available and meet the quality standards required by this contract. Products shall only be purchased from vendors who participate in the Kentucky Proud Program as established by

KRS 260.017. The Contractor shall provide quarterly reports which include the types of Kentucky-grown products utilized in meeting the requirements of this contract, the quantities, and the costs of each product purchased. The reports shall be submitted within 30 days of the end of each quarter.

Discrimination (because of race, religion, color, national origin, sex, sexual orientation, gender identity, age, or disability) is prohibited. This section applies only to purchase orders utilizing federal funds, in whole or in part with a value in excess of $10,000 or in any 12-month period which have an aggregate total value (or can reasonably be expected to have an aggregate total value) exceeding $10,000.

Document Description Page 23

If applicable, during the performance of this purchase order, the vendor agrees as follows:

The vendor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity or age. The vendor further agrees to comply with the provisions of the Americans with Disabilities Act (ADA), Public Law

101-336, and applicable federal regulations relating thereto prohibiting discrimination against otherwise qualified disabled individuals under any program or activity. The vendor agrees to provide, upon request, needed reasonable accommodations. The vendor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability. Such action shall include, but not be limited to the following; employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination;

rates of pay or other forms of compensations; and selection for training, including apprenticeship. The vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

The vendor will, in all solicitations or advertisements for employees placed by or on behalf of the vendor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, sex, sexual orientation, gender identity, age or disability.

The vendor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative of the vendor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The vendor will take such action with respect to any subcontract or purchase order as the administering agency may direct as

Document Description Page 24 a means of enforcing such provisions, including sanctions for noncompliance.

The vendor will comply with all provisions of Executive Order No. 11246 of

September 24, 1965 as amended, and of the rules, regulations and relevant orders of the Secretary of Labor.

The vendor will furnish all information and reports required by Executive

Order No. 11246 of September 24, 1965, as amended, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

In the event of the vendor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this purchase order may be cancelled, terminated or suspended in whole or in part and the vendor may be declared ineligible for further government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in or as otherwise provided by law.

The vendor will include the provisions of paragraphs (1) through (7) of section

202 of Executive Order 11246 in every agreement or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor, issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The vendor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a vendor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the agency, the vendor may request the United States to enter into such litigation to protect the interests of the United States.

Document Description Page 25

The CHFS is the designated owner of all data and shall approve all access to that data. The Vendor shall not have ownership of Commonwealth data at any time. The Vendor shall be in compliance with privacy policies established by governmental agencies or by state or federal law. Privacy policy statements may be developed and amended from time to time by the

Commonwealth and will be appropriately displayed on the Commonwealth portal (Ky.gov). The Vendor shall provide sufficient security to protect the

Commonwealth and CHFS data in network transit, storage, and cache.

Vendors that receive Personal Information as defined by and in accordance with Kentucky’s Personal Information Security and Breach Investigation

Procedures and Practices Act, KRS 61.931, et seq., (the “Act”), shall secure and protect the Personal Information by, without limitation, complying with all requirements applicable to non-affiliated third parties set forth in the Act.

“Personal Information” is defined in accordance with KRS 61.931(6) as “an individual’s first name or first initial and last name; personal mark; or unique biometric or genetic print or image, in combination with one (1) or more of the following data elements:

(1) An account, credit card number, or debit card number that, in combination with any required security code, access code or password, would permit access to an account;

(2) A Social Security number;

(3) A taxpayer identification number that incorporates a Social Security number;

(4) A driver’s license number, state identification card number or other individual identification number issued by an agency;

Document Description Page 26

2200000158 CHFS Pest Control Services for Northern Bluegrass http://Ky.gov

(5) A passport number or other identification number issued by the United

States government; or

(6) Individually Identifiable Information as defined in 45 C.F.R. sec. 160.013

(of the Health Insurance Portability and Accountability Act), except for education records covered by the Family Education Rights and Privacy Act, as amended 20 U.S.C. sec 1232g.”

As provided in KRS 61.931(5), a “non-affiliated third party” means “any person or entity that has a contract or agreement with the Commonwealth and receives (accesses, collects or maintains) personal information from the Commonwealth pursuant to the contract or agreement.”

The vendor hereby agrees to cooperate with the Commonwealth in complying with the response, mitigation, correction, investigation, and notification requirements of the Act.

The vendor shall notify as soon as possible, but not to exceed seventy-two

(72) hours, the contracting agency, the Commissioner of the Kentucky State Police, the Auditor of Public Accounts, and the Commonwealth Office of Tech nology of a determination of or knowledge of a breach, unless the exception set forth in KRS 61.932(2)(b)2 applies and the vendor abides by the requirements set forth in that exception. If the agency is a unit of government listed in KRS 61.931(1)(b), the vendor shall notify the Commissioner of the Department of Local Government in the same manner as above. If the agency is a public school district listed in KRS 61.931(1)(d), the vendor shall notify the Commissioner of the Department of Education in the same manner as above. If the agency is an educational entity listed under KRS 61.931(1)(e), the vendor shall notify the Council on Postsecondary Education in the same manner as above. Notification shall be in writing on a form developed by the Commonwealth Office of Technology.

The vendor hereby agrees that the Commonwealth may withhold payment(s) owed to the vendor for any violation of the Identity Theft Prevention

Document Description Page 27

Reporting Requirements.

The vendor hereby agrees to undertake a prompt and reasonable investigation of any breach as required by KRS 61.933.

Upon conclusion of an investigation of a security breach of Personal

Information as required by KRS 61.933, the vendor hereby agrees to an apportionment of the costs of the notification, investigation, and mitigation of the security breach.

In accordance with KRS 61.932(2)(a) the vendor shall implement, maintain, and update security and breach investigation procedures that are appropriate to the nature of the information disclosed, that are at least as stringent as the security and breach investigation procedures and practices established by the Commonwealth Office of Technology:

http://technology.ky.gov/ciso/Pages/InformationSecurityPolicies,Stand ardsandProcedures.aspx

The following section only pertains to those vendors where HIPAA is applicable as determined by the CHFS HIPAA Privacy Officer. It is the

Vendor responsibility to clarify its status with regard to HIPAA with CHFS.

The Vendor shall agree to use and disclose Protected Health Information in compliance with the Standards for Privacy of Individually Identifiable Health

Information (“Privacy Rule”) (45 C.F.R. Parts 160 and 164) under the Health

Insurance Portability and Accountability Act of 1996. The Vendor shall ensure that all Vendor actions are compliant with HIPAA rules for access, authentications, storage and auditing, and transmittal of electronic personal health information (e-PHI). Where applicable, The Vendor shall establish and maintain HIPAA compliant controls and procedures that protect, define, and limit circumstances for access, use, and disclosure of personal health information (PHI). The Vendor shall not be permitted to use or disclose health information for any reason other than what is mandated within this

Document Description Page 28

2200000158 CHFS Pest Control Services for Northern Bluegrass Region http://technology.ky.gov/ciso/Pages/InformationSecurityPolicies%2CStandardsandProcedures.aspx http://technology.ky.gov/ciso/Pages/InformationSecurityPolicies%2CStandardsandProcedures.aspx contract.

The following…