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SERVICE AGREEMENT NO. 1490
v �r MEAL DELIVERY SERVICE FOR PARKS AND RECREATION
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THIS Meal Delivery Service for Parks and Recreation Agreement ("Agreement") is
entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and R&R Delivery Service ("Contractor"), effective upon execution
by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Meal Delivery Service for Parks and
Recreation in response to Request for Bid/Proposal No. 1490 ("RFB/RFP"),which RFB/RFP
includes the required scope of work and all specifications and which RFB/RFP and the
Contractor's bid or proposal response, as applicable, 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 Meal Delivery Service for Parks and Recreation
("Services") 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, and in accordance with Exhibit 2.
2. Term. This Agreement is for 36 months, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or
Purchasing Division. The parties may mutually extend the term of this Agreement
for up to zero additional zero-month periods ("Option Period(s)"), provided, the
parties do so in writing and prior to the expiration of the original term or the then-
current Option Period. The City's extension authorization must be executed by
the City Manager or designee.
3. Compensation and Payment. The total value of this Agreement is not to exceed
$678,178.80,subject to approved extensions and changes. Payment will be made
for Services completed 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 this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
C2018-653
9/25/18 rm Page 1 of 7
M2018-187 5/17
R&R Delivery Service
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Name: Lisa Oliver
Department: Parks and Recreation
Phone: 361-826-3132
Email: lisao@cctexas.com
5. Insurance; Bonds.
(A) 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.
(B) In the event a payment bond, a performance bond, or both, are required of
the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services 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 Services will not be
rendered until the Contractor receives the signed purchase release order.
7. Inspection and Acceptance. Any Services that are provided but not accepted by
the City must be corrected or re-worked immediately at no charge to the City. If
immediate correction or re-working at no charge cannot be made by the
Contractor, a replacement service may be procured by the City on the open
market and any costs incurred, including additional costs over the item's
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City's invoice.
8. Warranty.
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(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 Service 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 Services 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. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator if
the subcontractors were not named at the time of bid or proposal, as applicable.
In using subcontractors, the Contractor is responsible for all their acts and
omissions to the same extent as if the subcontractor and its employees were
employees of the Contractor. 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 Contractor
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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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 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: Lisa Oliver
Title: Senior Community Services Superintendent
Address: 1201 Leopard Street, Corpus Christi, TX 78401
Phone: 361-826-3132
Fax: N/A
IF TO CONTRACTOR:
R&R Delivery Service
Attn: Russell James
Title: Owner/Operator
Address: P.O. Box 71746, Corpus Christi, TX 78467
Phone: (830) 275-0853
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
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,
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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 Manager may terminate this Agreement for Contractor'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 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 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 Contractor. The City
Manager 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. 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.
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, 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 (excluding attachments and exhibits);
B. its attachments;
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C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor's bid response (Exhibit 2).
22. 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.
23. Verification Regarding Israel. In accordance with Chapter 2270, Texas
Government Code, the City may not enter into a contract with a company for
goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the contract. The signatory executing this Agreement on behalf of the
Contractor verifies that the company does not boycott Israel and will not boycott
Israel during the term of this Agreement.
24. 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.
25. 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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CONTRACTOR
Signature:
Printed Name: CL-LS 5-15 LLL JAtle3
Title: -OWfi 'eR
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Date: O 1 3 °/1
CITY OF CORPUS CHRISTI
Signature: L 6G(
Printed Name: la p
Title: .. .. 110: 'rda .. •i a 'a.
Date: a, lie, [¢3
Attached and Incorporated by Reference: ATTEST: S I ' ' � �`,•
Attachment A: Scope of Work REBECCAHUERTA --
Attachment B: Bid/Pricing Schedule CITY SECRETARY
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. 1490
Exhibit 2: Contractor's Bid/Proposal Response ll
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Attachment A- Scope of Work
1. General Requirements/Background Information
A. The Contractor shall provide meal delivery services for the Parks and
Recreation Elderly Nutrition Program - Home Delivered Meals and the
Summer Youth Feeding Program as outlined in this Scope of Work.
B. The Elderly Nutrition and the Summer Youth Feeding Programs are
administered by Senior Community Services Program, a division of the
Parks and Recreation Department of the City. The meal delivery service
for the Elderly Nutrition Program is for three years starting each year from
October through September. Meal delivery service for the Summer Youth
Feeding Program is also for three years but only for an eight week period
each year, starting approximately the second week in June.
2. Scope of Work
A. The City will be responsible for providing the Contractor with sufficient
meals packed and ready for shipping with a route specifying the name
and address of the recipient on a daily basis no later than 9:30 a. m.
B. The Contractor shall load the meals into the delivery vehicle, deliver the
meals to each home, hand the meals directly to the recipient at the door
or request permission to enter the home and conveniently place the meal
in a designated area and assist the recipient in opening the meal, if
needed. It is the responsibility of the driver to initiate direct verbal and
visual contact with the recipient each day the meal is delivered to the
home.
C. Contractor shall deliver approximately 550 meals each day to
participating residents for a twelve month period consisting of 250 days
to be delivered between the hours of 10:30 a.m. and 1 :30 p.m. Monday
through Friday as outlined in Exhibit A - 2018 Elderly Nutrition Program-
Home Delivery Calendar.
D. Contractor shall deliver approximately 380 meals each day for 39 days
during an eight week period between 10:30 a.m. and 1 :30 p.m. as per
Exhibit B - 2018 Summer Youth Feeding Program Delivery Calendar.
E. TRAINING: Elderly Nutrition Program - Home Delivered Meals - The
Contractor will provide training for drivers in areas of meal delivery
operations, client confidentiality procedures, handling emergency
situations, sanitary methods for delivering meals, general knowledge and
techniques of working with aged and disabled individuals. Training shall
be conducted by the Contractor on a quarterly basis and should be
documented by the Contractor for Senior Community Services Program
files.
F. HIRING OF CONTRACTOR EMPLOYEES: The Contractor shall ensure drivers
meet the following requirements prior to issuing them a route assignment:
1 . Valid Texas Driver's License.
2. Minimum State requirement of vehicle insurance coverage.
3. General knowledge of Corpus Christi City Limits.
4. Knowledge of Senior Community Service Meal Delivery Routes and
Summer Youth Feeding Program Routes.
5. The Driver must have a valid Corpus Christi/Nueces County Health
Department Food Handlers Permit.
6. It is recommended all employees complete a Basic First Aid/CPR
Certification within 60 days of employment.
7. The Contractor must provide written documentation and maintain
records of conducting employee background checks as mandated
by the Texas Health and Human Services and Texas Department of
Agriculture per the following:
a) The Contractor must obtain a criminal history on each driver
through a public agency or directly from the Department of Public
Safety.
b) The Contractor must obtain an Employee Misconduct Registry on-
line through the List of Excluded Individuals/Entities (LEIE)
maintained by the United States Department of Health and Human
Services Commission.
c) The Contractor must obtain a Nurse Aide Misconduct Registry on-
line through the LEIE, maintained by the United States Department
of Health and Human Services Commission, Office of Inspector
General.
G. All background checks are required before hiring an applicant for
employment. The Employee Misconduct Registry and the Nurse Aide
Registry are required to be conducted on a monthly basis while
employed. Contractor employees must adhere to the following:
1 . Must wear a picture style identification badge on the upper outer
garment when delivering meals. Such badge shall be approved by
the Contract Administrator.
2. Must comply with professional dress code requirements. Cut off shorts,
tank tops, or flip flops are not allowed.
3. Dress, accessories and jewelry which contain obscene symbols, signs
or slogans, and/or which slur or degrade on the basis of race, religion,
ethnicity, sex, disability or sexual orientation, contain language or
symbols supporting sex, drugs, alcohol, or tobacco, and impose a
threat of imminent violence are not allowed.
4. Clothes shall be sufficient to conceal undergarments at all times. See-
through fabrics, sheer, fishnet fabrics (clothing with large holes), halter
tops, off the shoulder, low cut tops, and bare midriffs are not allowed.
See through shirts may be worn with t-shirts that meet dress code.
5. All shorts must not be more than 1-2 inches above the knee.
6. Sagging and/or baggy pants must not be worn. Pants need to be
properly fitted and/or worn with a belt. Pants may not drag on or
touch the ground.
7. All other requirements as per Senior Community Services Home
Delivered Meal Training Handbook for drivers. (Attachment A)
H. The Contractor must provide a HOME DELIVERY MEAL (HDM) and Summer
Youth Feeding Program Route Supervisor to be housed at the Nutrition
Education Services Center, Monday through Friday from 8:00 a.m. until all
drivers return to the kitchen. The responsibilities of the HDM and Summer
Youth Feeding Program Route Supervisor are as follows:
1 . Verify daily route charts for accuracy before drivers arrive (i.e., pick up
cancellation/reservation book for any documentation).
2. Addressing Contractor employee issues (i.e., drivers calling in sick,
training, etc).
3. Calling back-up drivers to fill in when necessary. The Route Supervisor
may not serve as a designated back-up driver.
4. Assist in packing route meals and milk to verify accuracy.
5. Assist in troubleshooting calls from drivers
6. Verify Route Sheets on a daily basis.
7. Submit daily Total Route Sheet reservations for the next serving day by
1:30 p.m.
8. Complete and submit weekly Summary Report to the Contract
Administrator by 4:00 p.m. on Fridays.
3. General Requirements
A. Delivery
1 . Meals will be packed and must be kept in holding containers provided
by the Contractor until the meal is delivered to the recipient.
2. Contractor shall replace broken or misused holding containers in a
timely manner.
3. Contractor shall provide twelve food carts for loading the meals on to
the delivery vehicles. Hot and cold food shall be maintained as per
Texas Health and Human Services standards for the Elderly Nutrition
Program and Texas Department of Agriculture for the Summer Youth
Feeding Program throughout the transport (i.e. milk will be kept in the
cooler packed in ice at all times until delivery).
4. For the Elderly Nutrition Program-Home Delivered Meals, the
Contractor shall deliver a specified number of frozen meals to
designated recipients along with the hot meals as client/recipient
service plans require.
5. Each driver shall complete their route within a two-hour to three-hour
window, commencing from their pickup time to the time they return
to the kitchen.
6. Meals delivered after the three hour window will be billed at half rate
and any meal delivered after 3.25 hours shall be returned to the
kitchen and will not be billed to the City of Corpus Christi's Senior
Community Services Division.
7. The driver shall log the delivery time to first and last delivery to
recipient.
8. The driver shall verify the meals packed for delivery as per the daily
route sheet to assure accuracy. If a driver is short a meal(s) they will
be responsible for returning to the kitchen and delivering the meal to
the recipient (i.e. a driver fails to count the meals before leaving the
kitchen or a driver delivers a meal to a client who was marked "off"
the route sheet). The City will be responsible for delivering the meal if
it was the fault of the City; (i.e. the City fails to properly document a
cancellation or omits to add a recipient on the route). The payment
reduction will not apply to meal shortages resulting from
documentation errors made by City Staff.
9. All meals shall be delivered in an enclosed vehicle without exceptions
to this requirement (i.e., meals will not be placed in the back of a
pickup truck that does not have a shell). Vehicles must comply with
safety, Health Department, Texas Health and Human Services (Elderly
Nutrition Program), and Texas Department of Agriculture (Summer
Youth Feeding Program) standards and must be properly maintained.
10.The Contractor shall maintain approximately 10 routes consisting of
approximately 55 stops each. The number of routes is contingent on
the number of routes in the service area. Changes to routes shall only
be made with prior City staff approval.
11 .The Contractor shall return all undelivered meals and equipment to
the kitchen, along with a locked moneybox used by the driver to
collect any donations made by the recipients.
12.An additional meal will be delivered prior to the following designated
holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day, Christmas Day, and one other Holiday designated
by the Corpus Christi City Council. Meals will be delivered on
designated staff in-service dates to be held each quarter.
4. Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control
Program that is acceptable to the Contract Administrator to assure that the
requirements of the Contract are provided as specified. The Contractor will
also provide supervision of the work to insure it complies with the contract
requirements.
5. Special Instructions
A. NO SOLICITATION: Drivers must not solicit or accept gifts, favors, tips or any
other items of value from a recipient or other person on behalf of the
recipient in connection with the services rendered under the contract.
B. NOTIFICATION: Elderly Nutrition Program - Home Delivered Meal-Drivers
must immediately notify an employee of the Senior Community Services
of any safety, health, or fire hazards observed in recipient's home. Any
significant changes observed in the recipient's physical or mental
condition must also be reported immediately. In addition, Contractor is to
report when previous day's food is found uneaten and/or where it was
left the previous day, the recipient cannot be found, and suspension of
services has not been authorized.
Exhibit A
(Monday- Friday Schedule)
Elderly Nutrition Program Home Delivery
FEBRUARY
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Meal Delivery
Additional Meal Delivery
IMP City Holiday
An additional meal will be delivered prior to the designated holidays: New Year's Day,Memorial Day Fourth of July,
Labor Day,Thanksgiving Day,Christmas Day and one other Holiday designated by the Corpus Christi City Council.
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ATTACHMENT B - BID/PRICING SCHEDULE
MEAL DELIVERY SERVICES FOR PARKS AND RECREATION
CITY OF CORPUS CHRISTI R&R DELIVERY SERVICE
PURCHASING DIVISION CORPUS CHRISTI, TEXAS
SENIOR BUYER: JOHN ELIZONDO
R&R Delivery Service
ITEM DESCRIPTION UNIT QUANTITY Uvalde, TX
UNIT PRICE EXTENDED
PRICE
Year 1 Elderly Nutrition Program -
1 Home Delivered Meals Meals 137,500 $ 1.54 $ 211,750.00
Year 2 Elderly Nutrition Program -
2 Home Delivered Meals Meals 137,500 $ 1.56 $ 214,500.00
Year 3 Elderly Nutrition Program -
3 Home Delivered Meals Meals 137,500 $ 1.58 $ 217,250.00
Group Total $ 643,500.00
4 Year 1 Summer Youth Feeding
Program Meals 14,820 $ 0.75 $ 11,115.00
Year 2 Summer Youth Feeding
5 Program Meals 14,820 $ 0.78 $ 11,559.60
Year 3 Summer Youth Feeding
6 Program Meals 14,820 $ 0.81 $ 12,004.20
Group Total $ 34,678.80
Grand Total $ 678,178.80
ATTACHMENT C—INSURANCE AND BOND REQUIREMENTS
I. CONTRACTOR'S LIABILITY INSURANCE
A. 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.
B. 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 GL,AL and WC if applicable. 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
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material change Per occurrence- aggregate
or termination required on all certificates
and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $1,000,000 Aggregate
1. Commercial Broad Form
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY(including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II of this
(All States Endorsement if Company is not Exhibit.
domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
C. 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.
II. ADDITIONAL REQUIREMENTS
A. 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 statutory
amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All
States Endorsement shall be required if Contractor is not domiciled in the State of Texas.
B. 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.
C. 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
D. 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.
E. 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 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.
F. 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.
G. 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.
H. 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.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this contract.
2018 Insurance Requirements
Purchasing—Parks & Rec
Meal Delivery Service for Elderly Nutrition Program and Summer Youth Feeding Program
07/18/2018 sw Risk Management
Valid Through 12/31/2018
No bond requirements necessary for this service agreement; Section 5. (B) is null for this Service Agreement.
Attachment D - Warranty Requirements
Section 8. is null for this Service Agreement.
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