Janitorial Services

Public Health Authority of Cabarrus County d.b.a. Cabarrus Health Alliance (CHA) REQUEST FOR PROPOSAL (RFP) Systemwide Janitorial Services #705-2023-0013 DATE OF ISSUE: 02/22/2023 PROPOSAL DUE DATE: 03/30/2023 at 3:00 PM (EST) Please direct all inquiries concerning this RFP to: Monica Shelley-Henson Purchasing & Contract Specialist Email: Monica.Shelley-Henson@CabarrusHealth.org Systemwide Janitorial Services 705-2023-0013 2 | P a g e EXECUTION Certification: By executing this proposal, the undersigned Vendor certifies that: (i) this proposal is submitted competitively and without collusion (G.S. 143-54), (ii) none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), (iii) it is not an ineligible vendor as set forth in G.S.

143-59.1, (iv) no gift has been offered, extended, or promised by any of its employees or representatives to any CHA employee associated with preparing plans, specifications or estimates for this RFP, or in awarding or administering the contract to result from this RFP, or in inspecting or supervising the services to be rendered (G.S. 133-32), (v) if any of the services to be performed under this RFP will be performed outside the United States by the Vendor or Vendor’s subcontractors, Vendor has disclosed such information in writing to CHA (G.S. 147-33.97); (vi) it acknowledges that auditors contracted by CHA and State of North Carolina auditors have the right under North Carolina law to access upon request the Vendor’s records and representatives to audit fees and performance associated with procurement contracts (G.S. 147-64.7), (viii) neither it nor any assignee of the Vendor is identified on a list maintained by the NC State Treasurer of persons engaged in investment activities in Iran (G.S. §143C-6A.5), (ix) if proposals are being requested for construction or repair work, must be submitted in accordance with the provisions set forth in G.S. 143-129, (x) if the source of funds for this Contract is federal funds, the following federal provisions apply pursuant to 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II (as applicable): Equal Employment Opportunity (41 C.F.R. Part 60); Davis-Bacon Act (40 U.S.C. 3141-3148); Copeland “Anti-Kickback” Act (40 U.S.C. 3145); Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708); Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387); Debarment and Suspension (Executive Orders 12549 and 12689); Byrd Anti-Lobbying Amendment (31 U.S.C. 1352); Procurement of Recovered Materials (2 C.F.R. § 200.322); and Record Retention Requirements (2 CFR § 200.324). False certification may constitute a Class I felony under North Carolina law. Failure to execute/sign proposal prior to submittal shall render proposal invalid and it WILL BE REJECTED. Late proposals cannot be accepted. VENDOR: STREET ADDRESS: P.O. BOX: ZIP: CITY & STATE & ZIP: TELEPHONE NUMBER: PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #10): PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER: VENDOR’S AUTHORIZED SIGNATURE: DATE: E-MAIL: Offer valid for at least 180 days from date of proposal opening, unless otherwise stated here: ______ days. After this time, any withdrawal of offer shall be made in writing, effective upon receipt by CHA. Systemwide Janitorial Services 705-2023-0013 3 | P a g e Table of Contents 1.0 PURPOSE AND BACKGROUND ................................................................................................... 4 2.0 GENERAL INFORMATION............................................................................................................ 4 2.1 REQUEST FOR PROPOSAL DOCUMENT ................................................................................ 4 2.2 INSTRUCTIONS TO VENDORS REGARDING TERMS AND CONDITIONS ....................... 4 2.3 RFP SCHEDULE .......................................................................................................................... 5 2.4 MANDATORY SITE VISIT/PRE-PROPOSAL MEETING ........................................................ 5 2.5 PROPOSAL QUESTIONS ............................................................................................................ 6 2.6 PROPOSAL SUBMITTAL ........................................................................................................... 6 2.7 PROPOSAL CONTENTS ............................................................................................................. 7 2.8 ALTERNATE PROPOSALS ........................................................................................................ 9 2.9 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS ........................................................ 10 3.0 METHOD OF AWARD AND PROPOSAL EVLAUATION PROCESS ................................. 10 3.1 METHOD OF AWARD .............................................................................................................. 10 3.2 PROPOSAL EVALUATION PROCESS .................................................................................... 10 3.3 EVALUATION CRITERIA ............................................................................................................ 4.0 REQUIREMENTS ...................................................................................................................... 12 4.1 PRICING ..................................................................................................................................... 12 4.2 INVOICES ................................................................................................................................... 13 4.4 REFERENCES ................................................................................................................................ 4.5 BACKGROUND CHECKS ............................................................................................................ 5.0 SCOPE OF WORK ...................................................................................................................... 13 5.1 PROJECT ORGANIZATION & PERSONNEL ............................................................................. 5.2 TECHNICAL APPROACH ............................................................................................................ ATTACHMENT A: INSTRUCTIONS TO VENDORS ........................................................................ 18 ATTACHMENT B: CHA GENERAL CONTRACT TERMS AND CONDITIONS ........................... 21 ATTACHMENT C: PRICING .............................................................................................................. 23 ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR ..................................... 23 Systemwide Janitorial Services 705-2023-0013 4 | P a g e 1.0 PURPOSE AND BACKGROUND Cabarrus Health Alliance (CHA) formerly Cabarrus County Health Department is a public health authority created by the Cabarrus County Board of Commissioners effective July 1, 1997. CHA created to meet the health needs of Cabarrus County. Serving the population on 231,000 citizens throughout the year. CHA seeks to enhance the public/private health care partnerships, stabilize county dollars going to support health services, and provides consolidation and long-range planning for health services. In the field of community health, mental health, and/or other areas of community concern are of particular importance. These are the areas identified by periodic community needs assessments which strategically brings services to the community to protect and promote the public health of the citizens of Cabarrus County. CHA is soliciting proposals from experienced and qualified firms to provide janitorial services to its three facilities. Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto. 2.0 GENERAL INFORMATION 2.1 REQUEST FOR PROPOSAL DOCUMENT The RFP is comprised of the main body of this RFP document, plus the attachments, and any addenda released before the contract award. All attachments and addenda released for this RFP in advance of any contract award are incorporated herein by reference. All terms in this RFP shall be enforceable as contract terms. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract conditions. 2.2 INSTRUCTIONS TO VENDORS REGARDING TERMS AND CONDITIONS Maintaining the integrity of the RFP Process is of paramount importance for CHA. To this end, please do not contact any members of CHA or its staff regarding this subject matter of this RFP until you receive notification regarding the Intent to Award. You may only converse with the designated contact person identified in the introduction of this RFP. Failure to comply may disqualify you from this RFP and future solicitations. Each Vendor shall provide (a) its proposed contract by which CHA will retain Vendor’s services, and (b) any other applicable contract that Vendor will ask CHA to sign. CHA’s terms and conditions set forth in Attachment B should either be built into or be incorporated by reference in the contract(s) that Vendor proposes in its terms and conditions proposal. CHA will entertain exceptions taken by Vendors to certain of these provisions, but Vendors are cautioned that CHA has a limited ability and willingness to agree to modifications to these standard CHA provisions. CHA will compare and contrast the terms and conditions proposals submitted by qualified Vendors at the same time it evaluates the cost proposals of qualified Vendors. At the conclusion of this evaluation, CHA may elect to award the contract to the Vendor(s) whose aggregate proposal to CHA determines to be most advantageous to CHA. CHA may enter into contract negotiations with one or more qualified Vendors in an effort to reach mutually agreeable contract Systemwide Janitorial Services 705-2023-0013 5 | P a g e terms and conditions if CHA is not satisfied with the terms and conditions proposed by the applicable Vendor(s). CHA is not obligated to negotiate with all qualified Vendors. CHA reserves the right to eliminate from further consideration any Vendor that submits a cost proposal or proposes terms and conditions that are not advantageous to CHA. All communications, any modifications, clarifications, amends, addendums, questions, responses, or any other matters to this Request for Proposals must be made only through the Procurement Contact noted on the cover of this RFP and listed in Section 2.5 of this RFP. A violation of this provision is cause for CHA to reject a Service Provider’s proposal. No contact regarding this solicitation or project with other CHA employees is permitted and will be grounds for disqualification. 2.3 RFP SCHEDULE Event Responsibility Date/Time Non-Mandatory Pre-Proposal Meeting CHA Submit Written Questions Vendor Provide Response to Questions CHA Submit Proposals Vendor Opening of Proposals CHA Cabarrus Health Alliance – Board Room 300 Mooresville Rd. Kannapolis, NC 28081 Contract Award CHA TBA (date subject to change) Contract Effective Date CHA TBD (date subject to change) *Please note: This schedule is subject to change as deemed necessary for CHA’s advantage. Any changes to the schedule will be announced via an addendum to the RFP. 2.4 NON-MANDATORY PRE-PROPOSAL MEETING *Please note: Pre-Proposal Meeting is NON-MANDATORY for all Vendors/Potential Bidders. There are two Non-Mandatory Pre-Proposal Meetings for vendors to see the buildings. It is not necessary for vendors to attend one or both. Date: 03/15/2023 OR 3/16/2023 Time: 10:15 AM Eastern Time Starting Point: 400 Mooresville Rd Kannapolis, NC Special Instructions: It is the vendors responsibility to provide their own transportation to each location. 03/20/2023 at 3:00 PM 03/22/2023 (ET) 03/30/2023 at 3:00 PM (ET) 03/30/2023 at 3:00 PM (ET) These pre-bid meeting is not mandatory. For more detailed information please see Section 2.4 of this RFP for dates Systemwide Janitorial Services 705-2023-0013 6 | P a g e Because these tours are during normal operating times, only one representative per vendor is allowed to tour, masks will be provided and must be worn at all times. Additional tours will not be provided. 2.5 PROPOSAL QUESTIONS Upon review of the RFP, Vendors may have questions regarding the RFP. Vendors shall submit any such questions by the aforementioned due date listed in the section titled 2.3 RFP Schedule above. Written questions shall be e-mailed to Monica.Shelley-Henson@CabarrusHealth.org by the date and time specified above. Vendors should enter “RFP # 705-2023-0014: Questions” as the subject for the email. Questions should include a reference to the applicable RFP section and be submitted in a format similar to that shown below: Reference Vendor Question RFP Section, Page Number Vendor question...? Questions received prior to the submission deadline date, CHA’s response, and any additional terms deemed necessary by CHA will be posted in the form of an addendum to the same platform on which the RFP is advertised, and shall become an Addendum to this RFP. No information, instruction or advice provided orally or informally by any CHA personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to this RFP. 2.6 PROPOSAL SUBMITTAL Sealed proposals, subject to the conditions made a part hereof and the receipt requirements described below, shall be received at the address indicated in the table below, for furnishing and delivering those items or services as described herein. IMPORTANT NOTE: All proposals shall be delivered to the office address listed above on or before the proposal deadline in order to be considered timely. All risk of late arrival due to unanticipated delay—whether delivered by hand, U.S. Postal Service, courier or other delivery service is entirely on the Vendor. All Vendors are urged to take the possibility of delay into account when submitting a proposal. Attempts to submit a proposal via facsimile (FAX) machine, telephone or electronic Office Address of delivery by any other method (special delivery, overnight, or any other carrier) RFP NUMBER: 705-2023-0013 Cabarrus Health Alliance ATTN: Monica Shelley-Henson 300 Mooresville Rd. Kannapolis, NC 28081 mailto:Monica.Shelley-Henson@CabarrusHealth.org Systemwide Janitorial Services 705-2023-0013 7 | P a g e means, including but not limited to e-mail, in response to this RFP shall NOT be accepted unless otherwise specified. a) Submit one (1) signed, original executed proposal response and two (2) copies. b) Submit your proposal in a sealed package. Clearly mark the package with: (1) Vendor name; (2) the RFP number; and (3) the due date. Address the package for delivery as shown in the table above. If Vendor is submitting more than one (1) proposal, each proposal shall be submitted in separate sealed envelopes and marked accordingly. See Section 2.8 below. For delivery purposes, separate sealed envelopes from a single Vendor may be included in the same outer package. Regardless of delivery method used, proposals are subject to rejection unless submitted with the information above included on the outside of the sealed proposal package. 2.7 PROPOSAL FORMAT CHA desires all responses to be identical in format in order to facilitate comparison. While CHA’s format may be a departure form the vendor’s preference, CHA requests adherence to the format listed below. All responses are to be in the format described below. Submitters should prepare their proposals in accordance with the instructions outlined in this section. Each submitter is required to submit their proposal through mail. Each section should be identified as described below. Proposals should be prepared as simply as possible and provide straightforward, concise description of the submitter’s capabilities to satisfy the requirements of the RFP. The successful Submitter’s proposal must include all responses to the requirements contained within this RFP and forms must be completed in their entirety. By submitting a proposal, the successful submitter’s offer agrees to all applicable provisions, terms and conditions associated with this RFP. This solicitation, the successful submitted proposal, all appendences and attachments, and stated terms and conditions may become part of the resulting contract. Utmost attention should be given to accuracy, completeness, and clarify of content. All parts, pages, figures, and/or tables should be numbered and clearly labeled. Response information should be limited to pertinent information only. Marketing and sales type information is not to be included. Omissions as incomplete answers may be deemed unresponsive. Please initial any corrections. The proposal should be organized and identified by sections as follows: • Section A: Cover Letter Provide the following information about your company: o Legal company name and DBA (if applicable) Address Phone Number Systemwide Janitorial Services 705-2023-0013 8 | P a g e Website Address o Name of Single Point of Contact Title Phone Number Email Address o Name of Person with Signature Authority to bind contract Title Phone Number Email Address o Stipulate that the proposal price will be valid for a period of 180 days. o Make the following representations and warranty in the cover letter, the falsely of which might result in rejection of its proposal: “The information contained in this proposal or any part thereof, including exhibits, schedules, and any other documents and instruments delivered or to be delivered to CHA, is true, accurate, and complete. This proposal includes all information necessary to ensure that the statements therein do not in whole or in part mislead Cabarrus Health Alliance as to any material facts.” AND “We certify that we do not have any actual or potential conflicts of interest with, or adversarial litigation against Cabarrus Health Alliance or any of its officers or employees. During the course of the contractual relationship formed pursuant to this solicitation response, any such conflict of interest, whether newly arising or newly discovered, will be disclosed, in writing, to Cabarrus Health Alliance procurement office. “ • Section B: Company Background and Experience This section provides each vendor with the opportunity of demonstrating how its history, organization, and partnerships differentiate it from other entities. Careful attention should be paid to providing information relevant to CHA needs. Provide a concise profile of the proposer’s organization to include the following: o Corporate history, number of years in business under the current organization names, structure, and services offered; o Assets available to meet CHA’s services requirements; and o Explain if the bidder’s organization involved in any pending litigation that may affect its ability to provide its products and services. Systemwide Janitorial Services 705-2023-0013 9 | P a g e • Section C: Personnel Information Provide brief resumes of staff who will be associated with this project and indicate the functions that each will perform. Include copies of cortication and/or licenses. • Section D: Methodology and Implementation Plan Provide a detailed description of the approach and methodology to be used to provide temporary staffing services to CHA including, but not limited to the following: o A detailed implementation plan to satisfy the requirements of this solicitation; o Project management and implementation strategies; o Detailed description of efforts your firm will undertake to achieve satisfaction; and o Detailed description of specific tasks you will require from CHA staff; o Provide a detailed description on how quality cleaning will be ensured; o How to you hire and train staff to ensure low turn over; o What is the process of introducing a new cleaning crew member to CHA o Provide a detailed description about how you train staff to ensure their safety when using products and equipment used on the job; and o How you maintain OSHA Compliance, MSDS Sheets, and other items surrounding safe working environment. • Section E: References Provide three (3) references for projects similar to this solicitation and include the following: o Company Name o Contact Name and Title o Address o Phone Number o Email Address • Section F: Price Form – Attachment C Complete version Attachment C: Pricing • Section G: Required Forms Submitters must include signed copies of the following documents: o Proposal Submission o Execution Pages o Attachment A: Instructions to Vendors o Attachment B: CHA General Contract Terms and Conditions o Attachment C: Pricing o Attachment D: Location of Workers Utilized by Vendors o Attachment E: Business Associate Agreement o Addenda Release(s) to this RFP 2.8 ALTERNATE PROPOSALS Systemwide Janitorial Services 705-2023-0013 10 | P a g e No Alternative Proposals will be accepted in this solicitation. Sub-contracting out services is not allowed. 2.9 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS a) HVAC: heating, ventilation, and air conditioning b) BAFO: Best and Final Offer, submitted by a vendor to alter its initial offer, made in response to a request by CHA. c) CONTRACT LEAD: Representative of CHA who corresponds with potential Vendors in order to identify and contract with that Vendor providing the greatest benefit to CHA and who will administer the contract for CHA. d) END USER DEPARTMENT: The department or unit of CHA that receives the services procured from the Vendor. e) FOB-DESTINATION: Title transfers from Vendor to purchaser at the destination point of the shipment; Vendor owns commodity in transit and files any claims, and Vendor pays all freight and any related transportation charges. A solicitation may request Vendors to separately identify freight charges in their proposal, but no amount or charge not included as part of the total proposal price will be paid. f) QUALIFIED PROPOSAL: A responsive proposal submitted by a responsible Vendor. g) RFP: This Request for Proposal h) CHA: The Public Health Authority of Cabarrus County d.b.a. Cabarrus Health Alliance i) VENDOR: The supplier, bidder, proposer, company, firm, corporation, partnership, individual or other entity submitting a response to this Request for Proposal. 3.0 METHOD OF AWARD AND PROPOSAL EVLAUATION PROCESS 3.1 METHOD OF AWARD All qualified proposals will be evaluated, and awards will be made to the Vendor(s) meeting the RFP requirements and achieving the highest and best final evaluation, based on the evaluation criteria described below. While the intent of this RFP is to award a contract to a single Vendor, CHA reserves the right to make separate awards to different Vendors for one-or-more line items, to not award one-or-more line items or to cancel this RFP in its entirety without awarding a contract, if it is considered to be most advantageous to CHA to do so. 3.2 PROPOSAL EVALUATION PROCESS Systemwide Janitorial Services 705-2023-0013 11 | P a g e CHA shall review all Vendor responses to this RFP to confirm that they meet the specifications and requirements of the RFP. CHA reserves the right to waive any minor informality or technicality in proposals received. CHA will conduct a One-Step evaluation of Proposals: Proposals will be received from each responsive Vendor in a sealed envelope or package. All proposals must be received by CHA no later than the date and time specified on the cover sheet of this RFP. At that date and time, the package containing the proposals from each responding firm will be opened publicly and the name of the Vendor and total cost offered will be announced. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a vendor’s pricing position. At their sole option, the evaluators may request oral presentations or discussion with any or all Vendors for the purpose of clarification or to amplify the materials presented in any part of the proposal. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not; therefore, all proposals must be complete and reflect the most favorable terms available from the Vendor. Vendors are cautioned that this is a request for proposals, not a request to contract, and CHA reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of CHA. CHA reserves the right to reject all original offers and request one or more of the Vendors submitting proposals to submit best and final offers (BAFOs), prepared in collaboration with CHA after the initial responses to the RFP have been evaluated. 3.3 EVALUATION CRITERIA A weighted analysis of the evaluation criteria will be utilized to determine the Service Provider that represents the best value solution to CHA. All qualified proposals will be evaluated and award made based on the following criteria considered, to result in an award most advantageous to CHA: Evaluation Criteria Requirements & Response Qualifications Criterion Weight (100-point scale) 1. Service Provider’s Background and Experience 20 Systemwide Janitorial Services 705-2023-0013 12 | P a g e 2. Service Provider’s Staffing Experience 25 3. Compliance with Submittal Requirements 25 4. Cost/Pricing 20 5. North Carolina or Federal certified small business, minority owned business, and/or woman owned business. 10 4.0 REQUIREMENTS This Section lists the requirements related to this RFP. By submitting a proposal, the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements and terms and conditions stated in this RFP. If a Vendor is unclear about a requirement or specification or believes a change to a requirement would allow for CHA to receive a better proposal, the Vendor is urged and cautioned to submit these items in the form of a question during the question-and-answer period in accordance with Section 2.5. 4.1 MINIMUM QUALIFICATION REQUIREMENTS Qualified and competent prospers should have a minimum of three (3) years’ experience and experience in providing cost-effective janitorial cleaning, sanitizing, and disinfection services for multiple sites, preferably in a clinical setting. Proposers must be aware of correct ventilation practices when cleaning is being performed. 4.2 CONTRACT TERM This contract shall be binding on both parties for a one (1) year period beginning on the date of contract award. CHA shall have the option of extending the contract for two (2) additional one (1) year terms. CHA shall give the Vendor written notice of its intent to renew no less than ninety (90) calendar days prior to the expiration and if the CHA elects to renew, the terms of said renewal shall be specified in writing as part of the written notice. Vendor shall respond within thirty (30) calendar days of this notice with any exceptions or changes to Systemwide Janitorial Services 705-2023-0013 13 | P a g e the original contract terms. The exceptions shall be negotiated between CHA and the Vendor during the remaining sixty (60) calendar days of the notice period. If there are no exceptions taken or, upon mutual contract of the parties concerning renewal terms, the Vendor shall sign the renewal notice and send it back to CHA. The total term of this contract, including all renewals, shall not exceed three (3) years. 4.3 BUSINESS ASSOCIATE AGREEMENT Before the contract is awarded, the Vendor must sign the attached Business Associate Agreement. Service Provider should not submit a proposal if they will not be able to sign the attached Business Associate Agreement. Please see ATTACHMENT E. 4.4 PRICING Proposal price shall constitute the total cost to End User Department for complete performance in accordance with the requirements and specifications herein, including all applicable charges for shipping, handling, delivery, assembly, administrative and other similar fees. Vendor shall not invoice for any amounts not specifically allowed for in this RFP. Complete ATTACHMENT C: PRICING FORM and include in Proposal. There is currently not a budget or cost estimate associated with this RFP 4.4 INVOICES a) Invoices must be submitted to the End User Department at the following email address: AccountsPayable@CabarrusHealth.org b) Invoices should bear the Purchase Order Number and Contract Number to ensure prompt payment. The Vendor’s failure to include the correct purchase order number may cause delay in payment. 5.0 SPECIFICATIONS & SCOPE OF WORK The awarded Service Provider will perform janitorial/custodian services throughout the Cabarrus Health Alliance System. The following are the relevant specifics: 5.1 LOCATION NAMES, ADDRESSES, & SQUARE FOOTAGE: 5.1a Cabarrus Health Alliance- Kannapolis 300 Mooresville Road Kannapolis, NC Approximate Square Footage:22,000 Flooring consists of carpeted & non-carpeted flooring. A 3-story building that includes: offices/bathrooms/kitchen/lobbies/clinical areas. Please see drawings for details and layouts. This facility requires a daily day porter from 9AM – 2PM 5.1b Cabarrus Health Alliance- Dream Center 280 Concord Parkway North Suite 110A mailto:AccountsPayable@CabarrusHealth.org Systemwide Janitorial Services 705-2023-0013 14 | P a g e Concord, NC 28027 Approximate Square Footage: 14,000 (7,000 sq ft Concord WIC & 7,000 sq ft Dental) Flooring consists of carpeted & non-carpeted flooring. A single floor suite A one floor building that includes: offices/bathrooms/kitchen/lobbies/clinical areas). Please see drawings for details and layouts. This facility requires a daily day porter from 9AM – 12PM 5.1c Cabarrus Health Alliance- The Creamery 363 Church Street North Suite 140 & Suite 250 Concord, NC 28025 Approximate Square Footage: 6,590 Flooring consists of carpeted & non-carpeted flooring. A single floor suite that includes 4 offices/bathrooms/kitchen/lobby/clinical areas. Please see drawings for details and layouts. 5.2 SERVICE DAYS: Services will be performed daily, monthly, and biannually. With exception of the porter service, all services will be performed Monday – Friday from 6:00 PM EST to 9:30 PM EST except for North Carolina State holidays. State Holidays are disclosed at the following link: https//oshr.nc.gov/state-employee-resources/benefits/leave/holidays 5.3 DAILY CLEANING: LOBBY, HALLWAY, OFFICES, & CONFERENCE ROOMS Empty trash, spot clean containers, and replace trash liners; Spot clean interior glass; Spot clean all removable marks and spills off walls, light switches, and window sills; Horizontal dust including windowsills, file cabinet(s), and pictures; High dust areas including vents, base boards, blinds, and door frames; Low dust areas include chair legs and table legs; Clean all marks and residue off file cabinets and counter tops; Wipe and sanitize telephones Clean, disinfect and polish all drinking fountains, and sinks; and Vacuum/sweep all areas, including corners and hard to reach areas. 5.4 DAILY CLEANING: BREAKROOM & KITCHEN AREAS Empty Trash, clean containers, and replace liners; Sanitize touch points such as doors, refrigerators, and microwaves; Clean, disinfect and polish all sinks and drinking fountains and appliances; Clean and disinfect all kitchen tables, and counter tops; Clean and straighten coffee areas; Spot clean walls; Clean and disinfect vending machine fronts, water coolers; Systemwide Janitorial Services 705-2023-0013 15 | P a g e Clean microwaves- inside and out; Vacuum carpets and floor mats; Clean and straighten tables and chairs Sweep and damp mop hard surface floors; and Restock paper towels. 5.5 DAILY CLEANING: RESTROOMS Clean and disinfect toilet bowls and urinals; Scour and disinfect sinks and polish fixtures; Clean and disinfect counter tops; Clean mirrors; Empty trash, spot clean containers and replace liners; Refill toilet paper, paper towels, and soap Dust vents and horizontal surfaces; Clean walls, light switches, and cabinets; Dust vents and horizontal surfaces; Sweep, mop and disinfect floors; and Clean partitions. 5.6 DAILY CLEANING: GENERAL CLINICAL AREAS Empty trash, spot clean containers, and replace trash liners; Clean receptionist area; Clean interior glass; Spot clean all removable marks and spills off walls, light switches, and window sills; Horizontal dust including windowsills, file cabinet(s), and pictures; High dust areas including vents, base boards, blinds, and door frames; Low dust areas include chair legs, table legs baseboards; Clean all marks and residue off file cabinets and counter tops; Wipe and sanitize telephones Clean, disinfect and polish all drinking fountains, and sinks; Vacuum/sweep and damp mop all areas, including corners and hard to reach areas; and Vacuum upholstered furniture. 5.7 DAILY CLEANING: OFFICES, NURSES STATIONS, PROCEDURE & EXAM ROOMS Empty trash, spot clean containers, and replace trash liners; Clean and sanitize sinks and countertops; Clean interior glass; Restock soap and paper towels; Vacuum carpeted surfaces; Sweep and damp mop hard floor surfaces; High dust areas including vents, base boards, blinds, and door frames; Wipe and sanitize telephones 5.8 DAILY CLEANING: JANITORIAL CLOSETS & STORAGE AREAS Clean utility sink; Maintain equipment and supplies in a neat and orderly fashion; Systemwide Janitorial Services 705-2023-0013 16 | P a g e Remove trash and empty boxes; and Sweep and mop floors. 5.9 DAY PORTER Will be responsible for cleaning the Foyer, Restrooms, Public Area’s trash cans, general cleaning, breakrooms, outside trash, etc. 5.10 ADDITIONAL SERVICES Carpet cleaning Inside window cleaning Pressure washing Steam cleaning ceramic tile Stripping and refinishing floors Emergency Clean-Ups 5.11 CLEANING PRODUCTS/SUPPLIES: Service Provider will not have to provide the following supplies a) Air Fresheners b) Trashcan Liners c) Liquid Hand Soap d) Trashcan Liners e) Toilet Seat Covers f) Hand Sanitizer g) Paper Towels h) Toilet Paper 5.12 CLEANING EQUIPMENT AND SUPPLIES: The Service Provider will be responsible for providing all cleaning equipment such as vacuum cleaners, floor mops, buckets, cleaning rags, stripping equipment, etc. Specifically, the Service Provider MUST use Cleaning Products that reduce or prevent respiratory problems. The following information is provides more detail on expectations: a) Use true High-Efficiency Particulate Air Filter (HEPA) grade vacuum equipment with sealed debris collection mechanisms b) No products in spray cans are allowed. Service Provider must use liquid-based cleaners, wipes, or spray bottles. For glass cleaner, original Windex is approved. Third-party substitutes are not approved. c) Service Provider must only mix cleaners as strong as recommended by the manufacture. d) Cleaning products used should be specifically labeled “Fragrance Free.” NC States acknowledges that is my be impossible to purchase cleaning products that are completely fragrance dree; however, the awarded Service Provider should avoid linen, powder, and floral scents. The primary choice for scents is pure orange or lemon. A Systemwide Janitorial Services 705-2023-0013 17 | P a g e secondary choice is pines or wood scents. A third choice is a water-type scent (ocean, waterfall, rain, etc) e) Cleaners should not include soybean products except for soybean oil, f) Service Provider must avoid chlorine-based products. If a completely non-toxic product is unavailable, ammonia-based product is an alternative to chlorine. g) After cleaning bathrooms, the Service Provider should allow ventilation fans until the chemical smells are removed. 5.13 KEY ACCESS: Keys for entry into the building(s) will be provided by CHA’s Facility Management. The name of the representative will be provided at the time of award. No deposit will be required; however, if the service provider or its representative loses, breaks, or does not return the key, CHA will replace all lock mechanisms including having a quantity of keys made to accommodate its staff and the cost of these actions will be the responsibility of the Service Provider in its entirety. The Service Provider shall not duplicate keys. 5.14 STORAGE: CHA will provide the Service Provider with sufficient storage space for supplies and equipment. CHA will also provide reasonable security to protect the Service Provider from loss of equipment and supplies. The Service Provider shall keep all janitor closets storage rooms, and other spaces assigned to its use clean and orderly at all times. 5.15 SECURITY: The building must be locked and secured at all times. All entrance doors must remain locked during cleaning process. This Space is Intentionally Left Blank Attachments to this RFP begin on the next page. Systemwide Janitorial Services 705-2023-0013 18 | P a g e ATTACHMENT A: INSTRUCTIONS TO VENDORS 1. READ, REVIEW AND COMPLY: It shall be the Vendor’s responsibility to read this entire document, review all enclosures and attachments, and any addenda thereto, and comply with all requirements specified herein, regardless of whether appearing in these Instructions to Vendors or elsewhere in this RFP document. 2. LATE PROPOSALS: Late proposals, regardless of cause, will not be opened or considered, and will automatically be disqualified from further consideration. It shall be the Vendor’s sole responsibility to ensure delivery at the designated office by the designated time. 3. ACCEPTANCE AND REJECTION: CHA reserves the right to reject any and all proposals, to waive any informality in proposals and, unless otherwise specified by the Vendor, to accept any item in the proposal. If either a unit price or an extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded. 4. BASIS FOR REJECTION: Pursuant to 01 NCAC 05B .0501, CHA reserves the right to reject any and all offers, in whole or in part, by deeming the offer unsatisfactory as to quality or quantity, delivery, price or service offered, non-compliance with the requirements or intent of this solicitation, lack of competitiveness, error(s) in specifications or indications that revision would be advantageous to CHA, cancellation or other changes in the intended project or any other determination that the proposed requirement is no longer needed, limitation or lack of available funds, circumstances that prevent determination of the best offer, or any other determination that rejection would be in the best interest of CHA. 5. EXECUTION: Failure to sign EXECUTION PAGE in the indicated space will render proposal non- responsive, and it shall be rejected. 6. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this solicitation or in any contract arising from it, the order of precedence shall be (high to low) (1) any special terms and conditions specific to this RFP, including any negotiated terms; (2) requirements and specifications in Sections 4, 5 and 6 of this RFP; (3) CHA General Contract Terms and Conditions attached as ATTACHMENT B; (4) Instructions in ATTACHMENT A: INSTRUCTIONS TO VENDORS; and (5) Vendor’s Proposal. 7. INFORMATION AND DESCRIPTIVE LITERATURE: Vendor shall furnish all information requested and in the spaces provided in this document. Further, if required elsewhere in this proposal, each Vendor must submit with their proposal sketches, descriptive literature and/or complete specifications covering the products offered. Reference to literature submitted with a previous proposal or available elsewhere will not satisfy this provision. Proposals that do not comply with these requirements shall be subject to rejection. 8. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute §143-48 and Executive Order #150 (1999), CHA invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled. 9. CONFIDENTIAL INFORMATION: To the extent permitted by applicable statutes and rules, CHA will maintain confidential trade secrets that the Vendor does not wish disclosed. As a condition to confidential treatment, each page containing trade secret information shall be identified in boldface at the top and bottom as “CONFIDENTIAL” by the Vendor, with specific trade secret information enclosed in boxes or similar indication. Cost information shall not be deemed confidential under any Systemwide Janitorial Services 705-2023-0013 19 | P a g e circumstances. Regardless of what a Vendor may label as a trade secret, the determination whether it is or is not entitled to protection will be determined in accordance with G.S. §132-1.2. Any material labeled as confidential constitutes a representation by the Vendor that it has made a reasonable effort in good faith to determine that such material is, in fact, a trade secret under G.S. §132-1.2. Vendors are urged and cautioned to limit the marking of information as a trade secret or as confidential so far as is possible. 10. PROTEST PROCEDURES: When a Vendor wishes to protest the award of a contract resulting from this solicitation, the Vendor shall submit a written request addressed to the CHA Contract and Procurement Specialist that issued the award. The protest request must be received within thirty (30) consecutive calendar days from the date of the contract award. Protest letters shall contain specific grounds and reasons for the protest, how the protesting party was harmed by the award made and any documentation providing support for the protesting party’s claims. Note: A contract award notice (purchase order) is sent only to the Vendor actually awarded the contract, and not to every person or firm responding to a solicitation. All protests will be handled pursuant to the North Carolina Administrative Code, 01 NCAC 05B .1519. 11. MISCELLANEOUS: The singular of any word or phrase shall be read to include the plural and vice versa. 12. COMMUNICATIONS BY VENDORS: In submitting its proposal, the Vendor agrees not to discuss or otherwise reveal the contents of its proposal to any source, government or private, outside of CHA until after the award of the contract or cancellation of this RFP. All Vendors are forbidden from having any communications with CHA, or any other representative of CHA concerning the solicitation, during the evaluation of the proposals (i.e., after the public opening of the proposals and before the award of the contract), unless CHA directly contacts the Vendor(s) for purposes of seeking clarification or another reason permitted by the solicitation. A Vendor shall not: (a) transmit to CHA any information commenting on the ability or qualifications of any other Vendor to provide the advertised good, service, equipment, commodity; (b) identify defects, errors and/or omissions in any other Vendor’s proposal and/or prices at any time during the procurement process; and/or (c) engage in or attempt any other communication or conduct that could influence the evaluation and/or award of the contract that is the subject of this RFP. Vendors not in compliance with this provision may be disqualified, at the discretion of CHA, from the contract award. Only those communications with CHA authorized by this RFP are permitted. 13. WITHDRAWAL OF PROPOSAL: A Proposal may be withdrawn only in writing prior to the time for the opening of Proposals identified on the cover page of this RFP (or such later date included in an Addendum to the RFP). A withdrawal request must be on Vendor’s letterhead and signed by an official of the Vendor authorized to make such request. Any withdrawal request made after the opening of Proposals shall be allowed only for good cause shown and in the sole discretion of the Contract and Procurement Specialist. 14. INFORMAL COMMENTS: CHA shall not be bound by informal explanations, instructions or information given at any time by anyone on behalf of CHA during the competitive process or after award. CHA is bound only by information provided in this RFP and in formal Addenda issued via the same method in which the RFP was advertised. 15. COST FOR PROPOSAL PREPARATION: Any costs incurred by Vendor in preparing or submitting offers are the Vendor’s sole responsibility; CHAwill not reimburse any Vendor for any costs incurred prior to award. 16. VENDOR’S REPRESENTATIVE: Each Vendor shall submit with its proposal the name, address, and telephone number of the person(s) with authority to bind the firm and answer questions or provide Systemwide Janitorial Services 705-2023-0013 20 | P a g e clarification concerning the firm's proposal. 17. SUBCONTRACTING: Unless expressly prohibited, a Vendor may propose to subcontract portions of the work to identified subcontractor(s), provided that its proposal clearly describe what work it plans to subcontract and that Vendor includes in its proposal all information regarding employees, business experience, etc. for each proposed subcontractor that is required to be provided for Vendor itself. Any subcontracting by a Vendor must be approved in writing by CHA. 18. INSPECTION AT VENDOR’S SITE: CHA reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective Vendor prior to contract award, and during the contract term as necessary for CHA determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the contract. This Space is Intentionally Left Blank Systemwide Janitorial Services 705-2023-0013 21 | P a g e ATTACHMENT B: CHA GENERAL CONTRACT TERMS AND CONDITIONS Availability of Funds: The Parties to this Contract agree and understand that the payment of the sums specified in this Contract is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds for this purpose to the Alliance. Agreement shall automatically terminate if funds cease to be available. The Vendor: The Vendor will not be entitled to any benefits that are given to the Cabarrus Health Alliance. Neither Party is authorized to act as an agent for any purpose and shall not on behalf of the other enter into any contract, warranty, or representation as to any matter. Neither shall be bound by the acts of conduct of the other. The Vendor shall be exclusively responsible for reporting and paying of all income tax payments, unemployment insurance, social security obligations, and similar taxes and levies. Media: The Vendor should have no contact with any media of any type regarding this work. The Vendor cannot and shall not represent the Alliance in any form of media. All media inquiries should be forwarded to the Alliance Public Information Officer, Marcella Beam. Termination: Termination of this agreement shall occur within 30 days of written notification by either Party to the other Party. This termination shall be for any reason or no reason. Federal Funds: If the source of funds for this Contract is federal funds, the following federal provisions apply pursuant to 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II (as applicable):Equal Employment Opportunity (41 C.F.R. Part 60); Davis-Bacon Act (40 U.S.C. 3141-3148); Copeland “Anti- Kickback” Act (40 U.S.C. 3145); Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708); Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387); Debarment and Suspension (Executive Orders 12549 and 12689); Byrd Anti-Lobbying Amendment (31 U.S.C. 1352); Procurement of Recovered Materials (2 C.F.R. § 200.322); and Record Retention Requirements (2 CFR § 200.324). Civil Rights: Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), as amended, and all requirements imposed by or pursuant to the Department of Health and Human Services (45 C.F.R. Part 80), to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity covered by this Contract. Rehabilitation Act: Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 84), to the end that, in accordance with Section 504 of that Act and the Regulation, no otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity covered by this Contract. The American with Disabilities Act 1990: ADA makes it unlawful to discriminate in employment against a qualified individual with a disability and outlaws discrimination against individuals with disabilities in State and local government services and public accommodations. The Vendor certifies that it and its principals will comply with regulations in ADA Title II (Public Services) and Title III (Public Accommodations) in fulfilling the obligations under this Contract. Systemwide Janitorial Services 705-2023-0013 22 | P a g e Confidentiality: All information as to personal facts and circumstances obtained by the Vendor in connection with the provision of services or other activity under this Contract shall be privileged communication, shall be held confidential, and shall not be divulged without the responsible person’s written consent except as may be otherwise required by applicable law or regulation. Such information may be disclosed in summary, statistical, or other form, which does not directly or indirectly identify particular individuals. Vendor employees must sign confidentiality pledges documenting the knowledge of and the agreement to maintain personal and medical confidentiality. Subcontracting: The Vendor shall not subcontract any of the work contemplated under this Contract without obtaining prior written approval from the Alliance. Any approved subcontract shall be subject to all conditions of this Contract. Hold Harmless: The Vendor agrees to indemnify and save harmless the Alliance against any claims of third parties arising out of any act or omission of the Vendor, its agents, employees, and subcontractors in the performance of this Contract. Iran Divestment Act Certification: Vendor hereby certifies that Contractor, and all subcontractors, are not on the Iran Final Divestment List (“List”) created by the North Carolina State Treasurer pursuant to N.C.G.S. 147-6E. The Vendor shall not utilize any subcontractor that is identified on the List. Insurance: The Vendor agrees to furnish worker’s compensation, liability insurance and other insurance as may be required to protect the Vendor and the Alliance against claims, which may arise from the Vendor’s performance. Providing and maintaining adequate insurance coverage is a material obligation of the Vendor and is of the essence of this Contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized by the Commissioner of Insurance to do business in North Carolina. The Vendor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this Contract. The limits of coverage under each insurance policy maintained by the Vendor shall not be interpreted as limiting the Vendor’s liability and obligations under this Contract. Systemwide Janitorial Services 705-2023-0013 23 | P a g e ATTACHMENT C: PRICING Rates and Fees should be listed in US dollar. Location Number of members in Cleaning Crew Rate Per Hour Janitorial Cleaning Service Hours Total Daily Rate (rate per hour x cleaning hours) Location 1: CHA Kannapolis $ $ Location 1: CHA- Kannapolis Day Porter 1 $ $ Location 2: CHA- Dream Center $ $ Location 2: CHA- Dream Center Day Porter 1 $ $ Location 3: CHA- Creamery $ $ Miscellaneous Services Rate per hour Estimated Hours for CHA Kannapolis Estimated Hours for CHA Dream Center Estimated Hours for CHA Creamery Carpet Cleaning $ Inside Window Cleaning $ Pressure Washing $ Steam Cleaning Ceramic Tile $ Stripping and Refinishing Floors $ ATTACHMENT D: LOCATION OF WORKERS UTILIZED BY VENDOR In accordance with NC General Statute §143-59.4, the Vendor shall detail the location(s) at which performance will occur, as well as the manner in which it intends to utilize resources or workers outside of the United States in the performance of this contract. CHA will evaluate the additional risks, costs, and Systemwide Janitorial Services 705-2023-0013 24 | P a g e other factors associated with such utilization prior to making an award. Please complete items a, b, and c below. If the Vendor answered “YES” above, Vendor must complete items 1 and 2 below: 1. List the location(s) outside the United States where work under this contract will be performed by the Vendor, any subcontractors, employees, or other persons performing work under the contract: 2. Describe the corporate structure and location of corporate employees and activities of the Vendor, its affiliates or any other subcontractors that will perform work outside the U.S.: c) Identify all U.S. locations at which performance will occur: ATTACHEMENT E: BUSINESS ASSOCIATE AGREEMENT a) Will any work under this contract be performed outside the United States? YES NO b) The Vendor agrees to provide notice, in writing to CHA, of the relocation of the Vendor, employees of the Vendor, subcontractors of the Vendor, or other persons performing services under the contract outside of the United States YES NO NOTE: All Vendor personnel and subcontractor personnel providing call or contact center services to CHA under the contract shall disclose to inbound callers the location from which the call or contact center services are being provided. Systemwide Janitorial Services 705-2023-0013 25 | P a g e Public Health Authority of Cabarrus County d.b.a. Cabarrus Health Alliance BUSINESS ASSOCIATE AGREEMENT This Agreement is made effective _______________by and between the Public Health Authority of Cabarrus County d/b/a Cabarrus Health Alliance, hereinafter referred to as “CHA”, and __ _________________________________, hereinafter referred to as “Business Associate,” (individually, a “Party” and collectively, the “Parties”). WITNESSETH: WHEREAS, Sections 261 through 264 of the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, known as “the Administrative Simplification provisions,” direct the Department of Health and Human Services to develop standards to protect the security, confidentiality and integrity of health information; and WHEREAS, pursuant to the Administrative Simplification provisions, the Secretary of Health and Human Services has issued regulations modifying 45 CFR Parts 160 and 164 (the “HIPAA Privacy Rule”); and WHEREAS, the Parties wish to enter into or have entered into an arrangement whereby Business Associate will provide certain services to CHA, and, pursuant to such arrangement, Business Associate may be considered a “Business Associate” of CHA as defined in the HIPAA Privacy Rule. The agreement evidencing such arrangement is hereby referred to as the “Arrangement Agreement” and is described as follows by date and name or description : _______________________________________________ ; and WHEREAS, Business Associate may have access to Protected Health Information (as defined below) in fulfilling its responsibilities under the Arrangement Agreement; THEREFORE, in consideration of the Parties’ continuing obligations under the Arrangement Agreement, and intending to be legally bound hereby, the Parties agree to the provisions of this Agreement in order to address the requirements of the HIPAA Privacy Rule and to protect the interests of both Parties. This Space is Intentionally Left Blank Systemwide Janitorial Services 705-2023-0013 26 | P a g e I. DEFINITIONS (a) Except as otherwise defined herein, terms used in this Agreement shall have the same meaning as those terms set forth in the HIPAA Privacy Rule. (b) “Protected Health Information” means individually identifiable Health Information that is (i) transmitted by electronic media; (ii) maintained in electronic media; or (iii) transmitted or maintained in any other form or medium. (c) “Health Information” means any information, including genetic information, whether oral or recorded in any form or medium, that: (i) Is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; and (ii) relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual. (d) Each reference to a law, rule, regulation or standard herein means such law, rule, regulation or standard as amended from time to time in effect at the applicable time. II. CONFIDENTIALITY REQUIREMENTS, OBLIGATIONS, AND ACTIVIITES OF BUSINESS ASSOCIATE (a) Business Associate shall: (i) use or disclose any Protected Health Information solely as permitted or required by this Agreement, the Arrangement Agreement (if consistent with this Agreement and the HIPAA Privacy Rule), or as required by law; (ii) ensure that its agents, including any subcontractors, to whom it provides Protected Health Information received from or created by Business Associate on behalf of CHA, agree in writing to the same restrictions and conditions that apply to Business Associate with respect to such information. In addition, Business Associate agrees to take reasonable steps to ensure that its employees’ actions or omissions do not cause Business Associate to breach the terms of this Agreement; (iii) use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic Protected Health Information, to prevent use or disclosure of Protected Health Information other than as provided for by the Agreement; (iv) permit CHA and/or the Secretary of Health and Human Services to audit Business Associate’s records and practices related to use and disclosure of Protected Health Information to ensure Business Associate’s and CHA’s compliance with the terms of the HIPAA Privacy Rule; (v) report to CHA any use or disclosure of Protected Health Information which is not in compliance with the terms of this Agreement of which it becomes aware, including breaches of unsecured Protected Health Information as required at 45 CFR 164.410, and any security incident of which it becomes aware; (vi) mitigate, to the extent practicable, any risk of PHI compromise that is known to Business Associate due to a use or disclosure of Protected Health Information by Business Associate, or a subcontractor to Business Associate, in violation of the requirements of this Agreement; and, (vii) request from CHA, and limit the use and disclosure of, only the minimum necessary Protected Health Information to accomplish the intended purpose. The HIPAA Privacy Rule’s “minimum necessary” standards shall apply to all use of Protected Health Systemwide Janitorial Services 705-2023-0013 27 | P a g e Information by Business Associate and to any such information it may disclose to others. The “minimum necessary” requirements are defined in Sections 164.502(b) and 164.514(d) of the HIPAA Privacy Rule. (b) Notwithstanding the prohibitions set forth in this Agreement or the Arrangement Agreement, Business Associate may use and disclose Protected Health Information as follows: (i) if necessary, and to the minimum extent necessary, for the proper management and administration of Business Associate or to carry out the legal responsibilities of Business Associate, provided that as to any such disclosure, the following requirements are met: a. The disclosure is required by law; or b. Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached; (ii) for data aggregation services, if such services are to be provided by Business Associate for the health care operations of CHA pursuant to any agreements between the Parties evidencing their business relationship. III. AVAILABILITY OF PROTECTED HEALTH INFORMATION Business Associate shall: (a) at the request of CHA, provide access to Protected Health Information in a designated record set to CHA or, as directed by CHA, to an individual, in a time and manner sufficient to permit CHA to comply with the requirements of 45 CFR 164.524. (b) at the request of CHA or an individual, make any amendment(s) to Protected Health Information in a designated record set that are directed by or agreed to by CHA, in a time and manner sufficient to permit CHA to comply with the requirements of 45 CFR 164.526. (c) document disclosures of Protected Health Information and information related to such disclosures in a manner sufficient to permit CHA to respond to a request by an individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528 and provide such documentation to CHA or an individual as directed by CHA. (d) To the extent the Business Associate is to carry out one of more of CHA’s obligations(s) under Subpart E or 45 CFR Part 164, comply with the requirements of Subpart E that apply to the CHA in the performance of such obligations(s); and make its internal practices, books, and records available to CHA and/or to the Secretary for purposes of determining compliance with the HIPAA rules. IV. BREACH NOTIFICATION (a) Notice to CHA. In the event of its discovery of a breach of unsecured Protected Health Information disclosed or made available to it by CHA, Business Associate shall provide notification of such breach to CHA as required by the HIPAA Breach Notification Rule, 45 CFR §164.400 et seq., as amended from time to time. Provided, however, notwithstanding anything in that Rule to the contrary or in subparagraph below, such notice shall be given to CHA by Business Associate as soon as possible after discovery of the breach, but in no case more than 5 calendar days after discovery of the breach. Systemwide Janitorial Services 705-2023-0013 28 | P a g e Such notice shall be given by telephone and written notice delivered by overnight courier directed to: HIPAA Privacy Officer 300 Mooresville Rd. Kannapolis, NC 28081 (704) 920-1000 -- ask for the HIPAA Privacy Officer Or, to such other person and address as may be specified in a prior written notice by CHA to Business Associate. (b) Notice of Breach to Affected Individuals; Costs. Whether or not notification of the breach shall be given to affected individuals and, if so, the method by which the notification shall be given shall be determined by CHA, in its sole discretion. If required by CHA in its sole discretion, Business Associate shall give any such notice(s) at such times and in such manner as determined by CHA. In all cases, Business Associate shall pay to CHA the costs incurred by CHA due to the breach. Such costs shall include, but are not limited to: attorneys’ fees and costs, printing, postage, web site design, telephone costs, employee wages and salaries, delivery services, advertising expenses, and all other matters and expenses for which CHA is to be indemnified pursuant to Section VII(k) hereof. (c) Proof of Encryption. In the event of a breach of secured Protected Health Information, Business Associate shall notify CHA of the breach as stated in Section IV(a), above, and, within 5 calendar days after giving such notice to CHA, provide proof satisfactory to CHA that such Protected Health Information was not unsecured Protected Health Information. (d) Interpretation. The provisions of this Article IV, "Breach Notification," and all words and phrases used in it shall be interpreted consistent with the HIPAA Breach Notification Rule, 45 CFR §164.400 et seq., and the definitions provided in that Rule, the HIPAA Privacy Rule, 45 CFR §164.500 et seq., and the HIPAA Security Rule, 45 CFR §164.302, et seq. V. TERM AND TERMINATION (a) Term: This Agreement shall continue indefinitely until terminated as set forth herein. Business Associate’s obligations under this Agreement terminate upon the latest to occur of all of the following: (i) CHA has agreed to a termination of this Agreement or terminated it for cause; (ii) Business Associate has ceased using Health Information provided by, through or in relation to CHA; and, (iii) Business Associate has returned or destroyed all Health Information provided by, through or in relation to CHA as further provided herein; and, (iv) Business Associate has fully complied with all the terms and provisions of this Agreement and the Arrangement Agreement and is not in breach of any of the provisions thereof. (b) Termination for Cause: Upon CHA's knowledge of a material breach by Business Associate or subcontractor to Business Associate, CHA may in its sole discretion either: (i) provide an opportunity for Business Associate to cure the breach or end the violation or, if Business Associate does not cure the breach or end the violation Systemwide Janitorial Services 705-2023-0013 29 | P a g e within the time specified by CHA, terminate this Agreement and the Arrangement Agreement; or (ii) Immediately terminate this Agreement and the Arrangement Agreement if Business Associate has breached a material term of this Agreement and cure is not possible. (c) Return or destruction of Protected Health Information: At termination of this Agreement, the Arrangement Agreement (or any similar documentation of the business relationship of the Parties), or upon request of CHA, whichever occurs first, Business Associate shall: (i) if feasible, return or destroy all Protected Health Information received from or created or received by Business Associate on behalf of CHA that Business Associate still maintains in any form. Business Associate shall only destroy Protected Health Information with the written approval of CHA. After return or destruction, Business Associate shall retain no copies of such information. (ii) if return or destruction is not feasible, Business Associate will provide CHA with documentation explaining the reason that it is not feasible. If the Protected Health Information is not returned or destroyed, Business Associate will extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information not feasible. (d) Survival: The obligations of Business Associate under this Agreement shall survive the expiration, termination, or cancellation of this Agreement, the Arrangement Agreement and/or the business relationship of the parties, and shall continue to bind Business Associate, its agents, employees, contractors, successors, and assigns as set forth herein. VI. PROVISIONS FOR CHA TO INFORM BUSINESS ASSOCIATE OF PRIVACY PRACTICES AND RESTRICITIONS (a) CHA shall notify Business Associate of any changes in, or revocation of, the permission by an individual to use or disclose his or her Protected Health Information, to the extent that such changes may affect Business Associate’s use of disclosure of Protected Health Information. VII. MISCELLANEOUS (a) All Protected Health Information that is disclosed or made available in any form, including paper record, oral communication, audio recording, or electronic display or records by CHA or its operating units to Business Associate, or is created or received by Business Associate on CHA’s behalf, shall be subject to this Agreement. (b) A reference in this Agreement to a section in the HIPAA Privacy Rule means the section as in effect or as amended. (c) In the event of an inconsistency between the provisions of this Agreement (including definitions) and mandatory provisions of the HIPAA Privacy Rule, as amended, the HIPAA Privacy Rule shall control. Where provisions of this Agreement are different than those mandated in the HIPAA Privacy Rule, but are nonetheless permitted by the HIPAA Privacy Rule, the provisions of this Agreement shall control. (d) Except as expressly stated herein or the HIPAA Privacy Rule, the parties to this Agreement do not intend to create any rights in any third parties. (e) This Agreement may be amended or modified only in a writing signed by the Parties. No Party may assign its respective rights and obligations under this Agreement without the prior written consent of the other Party. None of the provisions of this Agreement are intended to create, nor will they be deemed to create any relationship between the Parties other than that of Systemwide Janitorial Services 705-2023-0013 30 | P a g e _____________________________ _____________________________ ________________________ ________________________ _______________________________ _______________________________ _______________________________ _______________________________ independent parties contracting with each other solely for the purposes of effecting the provisions of this Agreement and any other agreements between the Parties evidencing their business relationship. (f) This Agreement will be governed by the laws of the State of North Carolina. (g) No change, waiver or discharge of any liability or obligation hereunder on any one or more occasions shall be deemed a waiver of performance of any continuing or other obligation, or shall prohibit enforcement of any obligation, on any other occasion. (h) The parties agree that, in the event that any documentation of the arrangement pursuant to which Business Associate provides services to CHA contains provisions relating to the use or disclosure of Protected Health Information that are more restrictive than the provisions of this Agreement, the provisions of the more restrictive documentation will control. (i) In the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the provisions of this Agreement will remain in full force and effect. (j) The headings in this Agreement are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. (k) Notwithstanding anything else set forth herein, Business Associate agrees to indemnify and hold CHA harmless from and against any and all losses, damages, costs and expenses, including without limitation, reasonable attorneys’ fees and costs, incurred by or threatened against CHA in connection with (i) any actual or threatened breach of this Agreement by Business Associate or by anyone acting by, through, under or as a contractor to Business Associate, or (ii) any violation of any of the laws, rules, regulations or standards related to the privacy of Healthcare Information addressed herein by Business Associate or by anyone acting by, through, under or as a contractor to Business Associate. IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the day and year first written above. CABARRUS HEALTH ALLIANCE: BUSINESS ASSOCIATE: [Insert Name Here] [Insert Name Here] [Insert Name Here] [Insert Name Here] [Insert Date Here] [Insert Date Here] Printed Name: Printed Name: Signed: Signed: Title: Title: Date: Date: - 31 - | P a g e APPENDIX A – Facility Maps - 32 - | P a g e - 33 - | P a g e - 34 - | P a g e