HomeMy WebLinkAboutC2022-007 - 1/25/2022 - Approved DocuSign Envelope ID: DDFDBE6E-5AA2-4CA4-8CBA-A1 D199C14711
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H SUPPLY AGREEMENT NO. 3919
EMS Medications for Corpus Christi Fire Department (CCFD)
1852
THIS EMS Medications for CCFD Supply Agreement ("Agreement") is entered into
by and between the City of Corpus Christi, a Texas home-rule municipal corporation
("City") and Bound Tree Medical, LLC ("Contractor'), effective upon execution by the
City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide EMS Medications for CCFD in response
to Request for Bid No. 3919 ("RFB"), which RFB includes the required scope of work and
all specifications and which RFB and the Contractor's bid response are incorporated
by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully
set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide EMS Medications for CCFD in accordance with
the attached Scope of Work, as shown in Attachment A, the content of which is
incorporated by reference into this Agreement as if fully set out here in its entirety.
"Goods," "products", and "supplies", as used in this Agreement, refer to and have
the same meaning.
2. Term.
(A) The Term of this Agreement is twelve months beginning on the date
provided in the Notice to Proceed from the Contract Administrator or the City's
Procurement Division. The parties may mutually extend the term of this Agreement
for up to two additional twelve-month periods ("Option Period(s)"), provided, the
parties do so in writing prior to the expiration of the original term or the then-current
Option Period.
(B) At the end of the Term of this Agreement or the final Option Period, the
Agreement may, at the request of the City prior to expiration of the Term or final
Option Period, continue on a month-to-month basis for up to six months with
compensation set based on the amount listed in Attachment B for the Term or the
final Option Period. The Contractor may opt out of this continuing term by
providing notice to the City at least 30 days prior to the expiration of the Term or
final Option Period. During the month-to-month term, either Party may terminate
the Agreement upon 30 days' written notice to the other Party.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$122,222.28, subject to approved extensions and changes. Payment will be made
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for goods delivered and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. All pricing must be in accordance
with the attached Bid/Pricing Schedule, as shown in Attachment B, the content
of which is incorporated by reference into this Agreement as if fully set out here in
its entirety. Any amount not expended during the initial term or any option period
may, at the City's discretion, be allocated for use in the next Option Period.
Invoices must be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Mariza Rodriguez
Fire Department
361-826-3994
MarizaR@cctexas.com
5. Insurance. Before performance can begin under this Agreement, the Contractor
must deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of products to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of products to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and products will remain with
the Contractor until such time as the products are delivered and accepted by
the City.
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7. Inspection and Acceptance. City may inspect all products supplied before
acceptance. Any products that are delivered but not accepted by the City must
be corrected or replaced immediately at no charge to the City. If immediate
correction or replacement at no charge cannot be made by the Contractor, a
replacement product may be bought by the City on the open market and any
costs incurred, including additional costs over the item's bid price, must be paid
by the Contractor within 30 days of receipt of City's invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such products in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. In providing the Goods, Contractor will not enter into
subcontracts or utilize the services of subcontractors.
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13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Mariza Rodriguez
Contract/Funds Adminstrator
2406 Loepard Suite #300, Corpus Christi, Texas 78408
Phone: 361-826-3994
Fax: N/A
IF TO CONTRACTOR:
Bound Tree Medical, LLC
Attn: Addie Shough
Pricing Analyst, Bids & Contracts
5000 Tuttle Crossing Blvd., Dublin, Ohio 43016
Phone: 614-760-5352
Fax: N/A
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
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AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City may terminate this Agreement for Contractor's failure to comply with
any of the terms of this Agreement. The City must give the Contractor written
notice of the breach and set out a reasonable opportunity to cure. If the
Contractor has not cured within the cure period, the City may terminate this
Agreement immediately thereafter.
(B) Alternatively, the City may terminate this Agreement for convenience upon
30 days advance written notice to the Contractor. The City may also terminate
this Agreement upon 24 hours written notice to the Contractor for failure to pay or
provide proof of payment of taxes as set out in this Agreement.
19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20. Limitation of Liability. The City's maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
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22. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
23. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1 ); then,
D. the Contractor's bid response (Exhibit 2).
24. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement if required
by said statute.
25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
26. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1 ,000,000 or that result in the
expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
27. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
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Approved as to Legal Form October 29, 2021
DocuSign Envelope ID: DDFDBE6E-5AA2-4CA4-8CBA-A1 D199C14711
CONTRACTOR
L(h
igned by:
Signature: e
Printed Name: Corey Case
Title: SVP Marketing
Date: 1/4/2022
CITY OF CORPUS CHRISTI
Docusigned by:
M2022-009 Authorized By
Jos ron ey
Assistant Director of Finance — ProcurementCouncil 1-25-22
Date: 1/27/2022
Ds
t;/s
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule ATTEST:
Attachment C: Insurance Requirements D°°us,gnedby
Attachment D: Warranty Requirements � � � � ,
Rebecca Huerta
Incorporated by Reference Only: City Secretary
Exhibit 1 : RFB No. 3919
Exhibit 2: Contractor's Bid Response
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Approved as to Legal Form October 29, 2021
DocuSign Envelope ID: DDFDBE6E-5AA2-4CA4-8CBA-A1 D199C14711
Section 4 - Scope of Work
4.1 General Requirements/Background Information
The Supplier shall provide medications in accordance with the specifications listed
herein. These medicines will be utilized by the Corpus Christi Fire Department,
Emergency Medical Services technicians, to treat patients. This contract will provide
needed medications to be purchased on an "as needed" basis by the Emergency
Medical Services (EMS) Division of the Corpus Christi Fire Department.
4.2 Scope of Work
A. Delivery
1 . Supplier shall make inside delivery to City locations within five calendar days
to the addresses specified. All Contract prices are F.O.B. destination, inside
delivery to City of Corpus Christi facility, freight prepaid. Expedited 48-hour
delivery services will be required in some instances; therefore, Supplier must
be able to provide such service. Additional freight will be paid only when the
City has made a request for expedited delivery.
2. Delivery, as used in this section, means the goods ordered and received by
the City. Receipt of goods that do not conform to specifications will not be
accepted by the City. Supplier understands and agrees that the City may,
at its discretion, cancel any backorders due to the Suppliers inability to deliver
the product within the five-calendar day stipulation. Cancellations shall be
in writing and sent to Supplier by email, fax, or mail. No restocking fee or
payment of any kind shall be owed for orders canceled due to Supplier's
inability to meet the five-day delivery deadline. Returns to Supplier of late
orders received after the cancellation notice has been sent shall be at
Supplier's expense. The City may seek the products from another source if
Supplier fails to deliver on time.
3. Delivery must be made during normal working hours, Monday through Friday,
8:00 am to 5:00 pm CT.
B. Defective Goods
Supplier shall pay for return shipment on any goods that arrive in a defective
unusable or inoperable condition. Supplier must arrange for the return shipment
of damaged goods.
Revised 11 .30.20
Page 1 of 3
DocuSign Envelope ID: DDFDBE6E-5AA2-4CA4-8CBA-A1 D199C14711
C. Product Expiration
Supplier shall provide medical supplies with a minimum expiration date of 12
months after the delivery date. Any materials delivered with an expiration date
of less than 12 months after the delivery date will be returned to Supplier for credit
or replacement at Supplier's expense.
D. Discontinued Items
In the event the manufacturer discontinues particular product(s), the City may
allow Supplier to provide a substitute for the discontinued product(s) or delete
the product(s) from the contract altogether. If Supplier requests permission to
substitute a new product, Supplier shall provide the following to the City:
1 . Documentation from the manufacturer that the product has been
discontinued.
2. Documentation that names the replacement product.
3. Documentation that provides clear and convincing evidence that the
replacement product meets or exceeds all specifications of the original
product.
4. Documentation that provides clear and convincing evidence that the
replacement product will be compatible with all the functions or uses of the
discontinued product.
5. Documentation confirming that the price for the replacement is the same as
or less than the discontinued product.
6. These providers related to product discontinuance apply only to products
specifically listed in this solicitation document.
Revised 11.30.20
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4.3 Special Instructions
A. Monthly orders of required medications (Except for controlled medications listed
below in special instructions section), will need to be shipped to:
Corpus Christi Fire Department
Attention: EMS Supply Coordinator
1501 Holly Road
Corpus Christi, TX 78417
B. All controlled medications to be shipped as per DEA regulations to address on
DEA Certificate:
Corpus Christi Fire Department
2406 Leopard Street, Suite 300
Corpus Christi, TX 78408
Controlled Medication: Midazolam (Versed)
Morphine Sulfate
C. Supplier must process electronic Schedule II narcotic forms (e222).
Revised 11 .30.20
Page 3 of 3
DocuSign Envelope ID: DDFDBE6E-5AA2-4CA4-8CBA-A1 D199C14711
cP �$� CITY OF CORPUS CHRISTI
PURCHASING DIVISION
N BID FORM
I
xs�a RFB No. 3919
EMS Medications for CCFD
Date: Nov. 16, 2021
Ad+ ndum,X— age 1 of 4
Authorized
Bidder: Bound Tree Medical, LLC Signature: ~ °° m
1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before
completing bid.
2. Quote your best price for each item.
3. In submitting this bid, Bidder certifies that:
a. The prices in this bid have been arrived at independently, without consultation,
communication, or agreement with any other Bidder or competitor, for the
purpose of restricting competition with regard to prices.
b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information
on file with City's Purchasing office, pursuant to the Code of Ordinances, is current
and true.
c Bidder is current with all taxes due and company is in good standing with all
applicable governmental agencies.
d Bidder acknowledges receipt and review of all addenda for this RFB.
Item Description Unit Qty Unit Price Total Price
Adenosine
6mg/2ml CT 40 $21.48
NDC # 25021-301-02 per BX of 10 $859.20
I
Packaged: 10 vial/carton
Albuterol
a. mg/3ml $3.02
2 NDC # 0487-9501-01 CT 70 per of $253.68
vi
25 vials
Packaged: 30 pouch/carton
Amiodarone
3 150mg/3ml BX 20 $45.46 $909.20
NDC #63323-616-03 per PK of 25
25 Vials /box
DocuSign Envelope ID: DDFDBE6E-5AA2-4CA4-8CBA-A1 D199C14711
Addendum 3 - Page 2 of
Item Description Unit Qty itTotal Price
Price
Aspirin os
81 mg/1 tablet $198.72
NDC # 0904-4040-73 EA 288 $0.69 $5x5.2....
Packaged: 36 tabs/bottle per BTL
Price by each bottle
Atropine Sulfate
1 mg/Sml
NDC # 0409-4910-34 T 7 $104.25 $7,297.50
Packaged: 1 syringe/carton per PK of 10
Pricingper carton of 10
CA Gluconate 10% IV
1 gm/l Oml $3,537.00
NDC # 63323-360-19 TY 12 $294.75
per PK of 25
Packaged: 25 vial/tray
CA Gluconate 2.5% Gel
$2,648.00
25g tube EA 80
$33.10
7 NDC#- N/A this is OTC Product
Dextrose 50%
25g/50m1 $9,578.70
NDC # 0409-7517-16 CT 3
Packaged: 1 syringe/carton perr BBX X o of 10
Pricin per carton of 10
Diphenhydramine
50mg/Iml TY 20 $28.45 $569.00
NDC # 0641-0376-25 per PK of 25
Packaged: 25 vial/tray
Dopamine
10 400mg/250ml CT $63.65 $366.62
NDC # 0338-1007-02 per BX of 25
Packaged: 18 bags/carton
Epinephrine 1:1000
11 1 mg/1 ml $124.97 $6,248.50
NDC # 42023-159-25 CT 20 per PK of 10
Packaged: 25 vial/carton
Epinephrine 1:10,000
1 mg/lOml
12 62
NDC # 0409-4921-34 CT BX of 10 $5,886.28
Packaged: 1 syringe/carton per BX of
Pricing per carton of 10
DocuSign Envelope ID: DDFDBE6E-5AA2-4CA4-8CBA-A1D199C14711
Addendum 3 - Page 3 of 4
Item Description U nit Qty Unit Total Price
Price
Furosemide
13 40mg/4mi TY 24 $35.22 $845.28
NDC # 0409-61 -0204 per BX of 25
Packaged: 25 vial/troy
Glucagon
14 lmg/lmlEA 180 $168.77 $30,378.60
NDC # 0597-0260-10 EA
Packaged: I kit/per kit
Glucose Paste
15g $3.42 $684.00
15 NDC # N/A EA 600 per PK of 3
Packaged: N/A
Labetalol
20mg/4mi $3.48
16 NDC # 0409-2339-34 CT 20 per2ftl $696.00
Packaged:10 MDV
cartridge/package
Pricing per carton of 10
Lidocaine
17 100mg/5ml CT 56 $34.46
NDC # 0409-4903-34 per BX of $1,929.76
Packaged: I syringe/carton 10
-Pricing,per carton of 10
Magnesium Sulfate 50% $55.72
is 5g/I Oml TY 7 per BX of 25 $390.04
N DC # 63323-064-10
Packaged: 25 vial/tray I
Methylpred 1 $228.39
19 125mg/2mi CT 15 per 8X of 25 $3,425.85
NDC # 0009-0047-22
Packaged: 25 vial/carton
Naloxone
2mg/2ml $235.45
20 CT 128 NDC
- - per 10CS of $30,137.60# 7632933691
Packaged: 1 syringe/carton
Pricing per carton of 10
Mldazolam
5mg/5m] $12.11
21 NDC # 0409-2305-05 CT 16 per BX of 10 $193.76
Packaged: 10 vi I/
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Addendum 3 - Page 4 of 4
Item Description Unit Qty Unit Price Total Price
........................................................................................................................................................................................................................
Morphine Sulfate
l Omg/l ml $10.42of U50.4
22 NDC # 0009-0047-22 BX 48 p �If
...............................................Packaged. B.ox 2..5.
..................................................................
Nitrostat Spray
0.4mg/60m dose 47
23 BX 98 EA $8,692.60
NDC # 45802-210-01
Packaged: 1 bottle/ box
Ondansetron
4mg/2ml $7.78 0 11.4
24 NDC # 0409-4755-03 TY 130 per IM of 25
Packaged: 25/tray
Sodium Bicarbonate
25 50mg/50ml CT 17116J7 1,985.09
NDC # 0409-6637-34 per BX of 1
Packaged: 50ml/1 syringe
Pricin er carton of 10
Tranexxamic Acid
1000mg/l ON $41.65
50
26 NDC # 42192-605-10 TY 30 lu�8 f 10 �a2a�.
Packaged: 10 vials/tra
Allowance: Expedited deliveries for
Medications is to be issued by the LS 1 $1,000.00 $1,00000
Contract Administrator via task
orders os
Total $122,222.28
.1. �.A9 ....�'�
DocuSign Envelope ID: DDFDBE6E-5AA2-4CA4-8CBA-A1 D199C14711
3.29 Insurance Requirements
A. CONTRACTOR'S LIABILITY INSURANCE
1 . Contractor must not commence work under this contract until all insurance
required has been obtained and such insurance has been approved by the
City. Contractor must not allow any subcontractor, to commence work until all
similar insurance required of any subcontractor has been obtained.
2. Contractor must furnish to the City's Risk Manager and Contract Administrator
one (1 ) copy of Certificates of Insurance with applicable policy endorsements
showing the following minimum coverage by an insurance company(s)
acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and
a waiver of subrogation endorsement is required on all applicable policies.
Endorsements must be provided with Certificate of Insurance. Project name
and/or number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
Commercial General Liability Including: $250,000 Per Occurrence
1 . Commercial Broad Form
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
3. In the event of accidents of any kind related to this contract, Contractor must
furnish the Risk Manager with copies of all reports of any accidents within 10
days of the accident.
B. ADDITIONAL REQUIREMENTS
1 . Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be
written on a policy and endorsements approved by the Texas Department of
Insurance. The workers' compensation coverage provided must be in an
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amount sufficient to assure that all workers' compensation obligations incurred
by the Contractor will be promptly met.
2. Contractor shall obtain and maintain in full force and effect for the duration of
this Contract, and any extension hereof, at Contractor's sole expense, insurance
coverage written on an occurrence basis by companies authorized and
admitted to do business in the State of Texas and with an A.M. Best's rating of
no less than A- VII.
3. Contractor shall be required to submit renewal certificates of insurance
throughout the term of this contract and any extensions within 10 days of the
policy expiration dates. All notices under this Exhibit shall be given to City at
the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
4. Contractor agrees that, with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following
required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional
insureds by endorsement with regard to operations, completed operations, and
activities of or on behalf of the named insured performed under contract with
the City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to
the City of Corpus Christi where the City is an additional insured shown on the
policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and
not less than ten (10) calendar days advance written notice for nonpayment of
premium.
5. Within five (5) calendar days of a cancellation, non-renewal, material change
or termination of coverage, Contractor shall provide a replacement Certificate
of Insurance and applicable endorsements to City. City shall have the option to
Revised 11.30.20
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suspend Contractor's performance should there be a lapse in coverage at any
time during this contract. Failure to provide and to maintain the required
insurance shall constitute a material breach of this contract.
6. In addition to any other remedies the City may have upon Contractor's failure
to provide and maintain any insurance or policy endorsements to the extent
and within the time herein required, the City shall have the right to order
Contractor to stop work hereunder, and/or withhold any payment(s) which
become due to Contractor hereunder until Contractor demonstrates
compliance with the requirements hereof.
7. Nothing herein contained shall be construed as limiting in any way the extent to
which Contractor may be held responsible for payments of damages to persons
or property resulting from Contractor's or its subcontractor's performance of the
work covered under this contract.
8. It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self insurance carried by the City
of Corpus Christi for liability arising out of operations under this contract.
9. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this contract.
2021 Insurance Requirements
Ins. Req. Exhibit 4-D
Contracts for General Services - Services Performed Offsite
05/10/2021 Risk Management- Legal Dept.
Revised 11.30.20
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ATTACHMENT D - WARRANTY REQUIREMENTS
1 . Contractor shall provide medical supplies with a minimum expiration date of 12
months after the delivery date. Any materials delivered with an expiration date of
less than 12 months will be returned to Contractor for credit or replacement at
Contractor's expense.
2. Contractor shall pay for return shipment on any goods that arrive in a defective,
unusable or inoperable condition. Contractor must arrange for the return
shipment of damaged goods.
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RFQ Revised 4.19.2019