HomeMy WebLinkAboutC2016-386 - 9/20/2016 - Approved 46:71:13-1: I
SUPPLY AGREEMENT NO. 150
►OR
ias2 Corpus Christi Fire Department Medications
THIS Corpus Christi Fire Department Medications Supply Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas
home-rule municipal corporation ("City") and Life-Assist, Inc ("Supplier"), effective
for all purposes upon execution by the City Manager or the City Manager's
designee ("City Manager").
WHEREAS, Supplier has bid to provide Corpus Christi Fire Department
Medications in response to Request for Bid No. 150 ("RFB"),which RFB includes the
required scope of work and all specifications and which RFB and the Supplier'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 Supplier agree as follows:
1. Scope. Supplier will provide Corpus Christi Fire Department Medications 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. This Agreement is for 12 months. This Agreement includes an option to
extend the term for up to zero additional zero-month periods ("Option
Period"), provided, the parties do so prior to expiration of the original term or
the then-current Option Period. The decision to exercise the option to extend
the term of this Agreement is, at all times, within the sole discretion of the City
and is conditioned upon the prior written agreement of the Supplier and the
City Manager.
3. Compensation and Payment. The total value of this Agreement is not to
exceed $163,867.84, subject to approved extensions and changes. Payment
will be made 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.
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under
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2016-386
9/20/16
M2016-104
Life-Assist Inc.
INDEXED
this Agreement, including deductions for non-performance and
authorizations for payment. The City's Contract Administrator for this
Agreement is as follows:
Mickie Flores-Battalion Chief
Fire Department
Phone: 361-826-3941
Email: mickief@cctexas.com
5. Insurance. Before performance can begin under this Agreement, the
Supplier 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 Supplier 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 Supplier 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 Supplier until such time as the products are
delivered and accepted by the City.
7. Inspection and 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 Supplier, 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 Supplier within 30 days of
receipt of City's invoice.
8. Warranty. The Supplier 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 Supplier
warrants that it has clear title to the products and that the products are free
of liens or encumbrances. In addition, the products purchased under this
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Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
Agreement shall be warranted by the Supplier 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. Supplier 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 Supplier be considered an employee
of the City.
12. Subcontractors. Supplier may use subcontractors in connection with the
work performed under this Agreement. When using subcontractors,
however, the Supplier must obtain prior written approval from the Contract
Administrator if the subcontractors were not named at the time of bid. In
using subcontractors, the Supplier is responsible for all their acts and omissions
to the same extent as if the subcontractor and its employees were
employees of the Supplier. All requirements set forth as part of this
Agreement, including the necessity of providing a COI in advance to the
City, are applicable to all subcontractors and their employees to the same
extent as if the Supplier and its employees had performed the work.
13. Amendments. This Agreement may be amended or modified only by written
change order signed by both parties. Change orders may be used to modify
quantities as deemed necessary by the City.
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Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
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 Supplier covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other related 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: Mickie Flores
Battalion Chief
1201 Leopard St. Corpus Christi, Texas 78401
Fax: 361-826-3968
IF TO SUPPLIER:
Life-Assist, Inc
Attn: Cherise Akers
Contract Manager
Address:1 1277 Sunrise Park Drive,
Rancho Cordova, California 95742
Fax: 800-290-9794
17. SUPPLIER AGREES TO 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 ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL
INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION
CLAIMS), 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 THIS AGREEEMENT OR THE PERFORMANCE OF
THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH
OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE
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Supply Agreement Standard Form
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CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES,
BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED
WITH THE FAULT OF ANY OTHER PERSON. SUPPLIER 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 FROM ANY SAID
LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS.
THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS
SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION
OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Supplier's failure to
perform the work specified in this Agreement or to keep any required
insurance policies in force during the entire term of this Agreement. The
Contract Administrator must give the Supplier written notice of the breach
and set out a reasonable opportunity to cure. If the Supplier has not cured
within the cure period, the City Manager may terminate this Agreement
immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Supplier. The City
Manager may also terminate this Agreement upon 24 hours written notice to
the Supplier for failure to pay or provide proof of payment of taxes as set out
in this Agreement.
19. Assignment. No assignment of this Agreement by the Supplier, 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 Supplier 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.
20. 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,
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Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
but this Agreement shall be construed and enforced in all respects as if the
invalid or unenforceable provision or part had been omitted.
21. 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 and its attachments
B. the bid solicitation document, including addenda (Exhibit 1)
C. the Supplier's bid response (Exhibit 2)
22. Certificate of Interested Parties. Supplier 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.
23. Governing Law. This Agreement is subject to all federal, State, and local laws,
rules, and regulations. 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.
24. 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.
(SIGNATURE PAGE FOLLOWS)
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Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
•
SUPPLIER ( 4LLL -
Printed
Signature: /Name: Cherise Akers
Title: Contracts Manager
Date:
9/6/16
CITY OF CORPUS CHRISTI (�
Signature: MO�� -
Printed Name: c__ ` r G--z_.
Title: 60 cLA-e e i v .a„4
Date: q - - ' e I
ATTEST: ce._�y At't.Q�t
REBECCA HUERTA
CITY SECRETARY
Attached and Incorporated by Reference:
Attachment A: Scope of Work ��I ��- ��, I
Attachment B: Bid/Pricing Schedule .AUINUtc�c�.
Attachment C: Insurance Requirements
Attachment D: Warranty Requirements sY COUNCIL Y-'
Incorporated by Reference Only: SECRETARY
Exhibit 1: RFB No. 150
Exhibit 2: Supplier's Bid Response
City of Corpus Christi Page 7 of 7
Supply Agreement Standard Form
Approved as to Legal Form 7/1/16
ATTACHMENT A- SCOPE OF WORK
Section 4 - Scope of Work
4.1 General Requirements
The Contractor will provide medications in accordance with the specifications listed
herein. These medicines will be utilized by the Corpus Christi Fire Department,
Emergency Medical Services (EMS) technicians, to treat patients. This term contract will
provide unit pricing for specified items 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
1. Delivery
Contractor shall make inside delivery to City locations within five calendar days to
the addresses specified. All prices will be quoted F.O.B. destination, inside delivery to
City of Corpus Christi facility, freight prepaid. Expedited forty-eight hour delivery
services may be required in some instances; therefore, Contractor must be able to
provide such service. Additional freight will be paid only when the City has made a
request for expedited delivery.
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. Contractor understands and agrees that the City may, at its discretion, cancel
any backorders due to the Contractor's inability to deliver the product within the five
calendar day stipulation. Cancelations shall be in writing and sent to Vendor by
email, fax, or mail. No restocking fee or payment of any kind shall be owed for orders
canceled due to Contractor's inability to meet the five day delivery deadline. Returns
to Contractor of late orders received after the cancellation notice has been sent shall
be at Contractor's expense. The City may seek the products from another party if
Contractor fails to deliver on time.
Delivery must be made during normal working hours, Monday through Friday, 8:00
a.m. to 5:00 p.m. C.T.
2. Defective Goods
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.
3. Product Expiration
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
Page 13 of 15
RFB Template 4.15.16
•
less than 12 months will be returned to Contractor for credit or replacement at
Cotnractor's expense.
4. Discontinued Items
In the event that a manufacturer discontinues particular product(s), the City may
allow Contractor to provide a substitute for the discontinued product(s) or delete the
product(s) from the contract altogether. If Contractor requests permission to
substitute a new product, Cotnractor shall provide the following to the City:
a. Documentation from the manufacturer that the product has been
discontinued.
b. Documentation that names the replacement product.
c. Documentation that provides clear and convincing evidence that the
replacement product meets or exceeds all specifications of the original product.
d. Documentation that provides clear and convincing evidence that the
replacement product will be compatible with all the functions or uses of the
discontinued product.
e. Documentation confirming that the price for the replacement is the same as or
less than the discontinued product.
f. These provisions related to product discontinuance apply only to products
specifically listed in this solicitation document.
4.3 Special Instructions
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, Texas, 78417
*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, Texas 78408
Controlled Medication: *Diazepam (Valium)
*Midazolam (Versed)
*Morphine Sulfate
Page 14 of 15
RFB Template 4.15.16
ATTACHMENT B-BID/PRICING SCHEDULE
gyt35
off' il. CITY OF CORPUS CHRISTI
BID FORM
PURCHASING DIVISION
4+10
RFB NO. 150
M Il URh
Corpus Christi Fire Department Medications
Date: 7/22/16
Authorized Bidder: Life-Assist, Inc. Signature:a/a/Se4t/a
)—
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
required governmental agencies.
Est. Unit Total
Item Description Annual Price
Quantity
(A) (B) (A x B)
1 ADENOSINE $60.00 PK-10 $ 3,600.00
6mg/2m1 60
NDC # 25021-301-02
Packaged: 10 vial/Carton
2 ALBUTEROL $6.30 PK-30 $307.20
2.5 mg/3m1 48
NDC# 0487-9501-01
Packaged: 30 pouch/Carton
3 ASPRIN $1.08 BT-36 $311.04
81mg/1 tablet 288
NDC#0904-4040-73
• Packaged: 36 tabs/bottle _
4 ATROPINE SULFATE $11.60 EA $8,352.00 aid as I each but
lmg/5m1 720 sold in box-10
NDC# 0409-4910-34 for$116.00
Packaged: 1 syringe/Carton
Est. Unit Total
Item Description Annual Price
Quantity B
(A) (A x B)
5 CA GLUCONATE 10% IV $249.00 PK-25 $2,988.00
1 gm/10m1 12
NDC# 63323-311-19
Packaged: 25 vial/Tray
6 CA GLUCONATE 2.5% GEL $36.00 EA $4,320.00 Bid as 1 eachbutsold
25g/1 tube inr$packs
f2
o
NDC# N/A
Packaged: N/A
7 DEXTROSE 60% $68.00 BX-10 $5,712.00
25g/50m1 84
NDC#0409-7517-16
Packaged: 10 syringe/Container
8 DIAZEPAM $314.00 BX-10 $7,536.00
10mg/2m1 24
NDC# 0409-1273-32
Packaged: 10 cartridge/Carton
9 DIPHENHYDRAMINE $24.50Bx-25 $588.00
50mg/1 ml 24
NDC#0641-0376-25
Packaged: 25 vial/Package
10 DOPAMINE $68.50 BX-25 $822.00 Bid as BOX 25 but
200mg/5m112 sold in case-50
NDC#0409-5820-01 for$137.00
Packaged: 25 vial/Tray
11 EPINEPHRINE 1:1000 $375.00 BX-25 $4,500.00
lmg/iml 12
NDC# 42023-159-25
Packaged: 25 vial/Carton
12 EPINEPHRINE 1:10,000 $50.00BX-10 $4,200.00
l mg/10m1 84
NDC#0409-4921-34
Packaged:10 syringe/Package
13 FUROMESIDE $121.00 BX-25 $2,904.00
40mg/4m1 24
NDC#0409-6102-04
Packaged: 25 vial/Tray
14 GLUCAGON $188.75 EA $45,300.00
l mg/l ml 240
NDC#0597-0260-10
Packaged: 1 kit/Per kit
Est. Total
Annual Unit
Item Description _Price
Quantity
'CB) (A x B)
15 GLUCOSE PASTE $3.75 EA $1,890.00
15g 504
NDC# N/A
Packaged: N/A
16 LABETALOL $75.00 BX-10 $2,700.00
20mg/4m1 36
NDC#0409-2339-34
Packaged: 10 cartridge/Package
17 LIDOCAINE $28.00 BX-10 $2,352.00
100mg/5ml 84
NDC#0409-4903-34
Packaged: 10 syringe/Container
18 LIDOCAINE (PRE-MIXED) $195.00 CS-24 $975.00
2g/500m1 5
NDC#0264-9594-10
Packaged: 24 contanier/Case
19 MAGNESIUM SULFATE 50% $63.00 BX-25 $756.00
5g/10m1 12
NDC# 63323-064-10
Packaged: 25 vial/Tray
20 METHYLPRED $ 4.94 ea $ 2964.00
40mg/1 ml 600
NDC#0009-0047-25
Packaged: N/A sold by bx/25
21 METHYLPRED $235.00 BX-25 $ 5,640.00
125mg/2m1 24
NDC#0009-0047-22
Packaged: 25 vial/Carton
22 NALOXONE $356.25 BX-1C $29,925.00
2mg/2m1 84
NDC# 76329-3369-1
Packaged: 10 syringe/Box
23 MIDAZOLAM $30.00 BX-10 $720.00
5mg/5m1 24
NDC#0409-2305-05
Packaged: 10 vial/Carton _
24 MORPHINE SULFATE $39.20 BX-10 $1,881.60
10mg/2m1 48
NDC#0409-1893-01
Packaged: 10 cartridge/Carton
Est. Unit Total
Item Description Annual Price
Quantity (B)
(A) (A x B)
25 NITROSTAT SPRAY $153.00 EA $ 18,360.00
0.4mg/60m dose 120
NDC# 45802-210-01
Packaged: 1 bottle/Carton
26 ONDANSETRON $16.00 BX-10 $960.00
4mg/2m1 60
NDC# 0409-1120-11
Packaged: 10 syringe/Carton
27 SODIUM BICARBONATE $9.60 EA $ 2,304.00
50mEq/50m1 240
NDC#0409-6637-34
Packaged: 50m1/1 Syringe
Allowance: Expedited deliveries for
Medications is to be issued by the 1 $1,000.00 $1,000.00
Contract Administrator via task orders.
TOTAL 163,867.84
ATTACHMENT C- INSURANCE REQUIREMENTS
No Insurance Requirement is necessary for this Supply Agreement.
ATTACHMENT D- WARRANTY REQUIREMENTS
No warranty is required for the Supply Agreement.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-88917
Life-Assist,Inc.
Rancho Cordova,CA United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form Is 07/21/2016
being filed.
City of Corpus ChristiCA Date ck�t ^
3 Provide the identification number used by the governmental entity or state agency to track or identify the co act, provide a
description of the services,goods,or other property to be provided under the contract
150
Corpus Christi Fire Department Medications
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only It there is NO Interested Party. ❑
X
6 AFFIDAVIT I swear,or affirm,undern
pe airy of perjury,that the above disclosure Is true and correct.
'
P. HUYNHU:'i. i>�,' COMM.#210331
7
NR -cKIFINu
ACRAMENTO COUNTY U A
-COWL EXPIRES 201114
'' - - Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP I SEAL ABOVE h - D• ,
Sworn o and subscribed before me,by the said t k�i� 3v i I f'"�V ,this the a _day of (
20 LP d,to certify which,witness my hand and seal of office. (((
NObt
Sin tune of r 19esth ring Printed name of offic r administeringoath Title of offi administeringoath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277