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:EIVI��,� SUPPLY AGREEMENT NO. 1832
EMS Medications for CCFD
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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 Life-Assist, Inc. ("Supplier'), effective upon execution by the City Manager
or the City Manager's designee ("City Manager").
WHEREAS, Supplier has bid to provide EMS Medications in response to Request for
Bid No. 1832 ("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 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. This Agreement is for 12 months. The parties may mutually extend the term
of this Agreement for up to two additional 12-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. This Agreement is for an amount not to exceed
$146,964.04, 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. 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.
C2018-675
11/13/18 1 Page 1 of 7
M2018-214 ber 1, 2018
Life-Assist Inc.
SCANNED
Invoices will 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:
Billy Belyeu
Fire Department
Phone: 361-826-3941
BillyBe@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. 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 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.
Supply Agreement Standard Form Page 2 of 7
Approved as to Legal Form October 1, 2018
8. Warranty.
(A) 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.
(B) In addition, the products purchased under this 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 unless
the subcontractors were named in the bid or in an attachment to this Agreement.
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.
Supply Agreement Standard Form Page 3 of 7
Approved as to Legal Form October 1, 2018
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 Supplier 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: Billy Belyeu
Title: Battalion Chief
2406 Leopard Street, Corpus Christi, Texas 78408
Phone: 361-826-3941
Fax: 361-826-4287
IF TO SUPPLIER:
Life-Assist, Inc.
Attn: Brittney Kelly
Title: Pricing Specialist
11277 Sunrise Park Drive, Rancho Cordova, California 95742
Phone: 800-824-6016
Fax: 800-290-9794
17. SUPPLIER 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
Supply Agreement Standard Form Page 4 of 7
Approved as to Legal Form October 1,2018
AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT,
OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES
OR AGENTS. 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 OR RESULTING 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, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
Supply Agreement Standard Form Page 5 of 7
Approved as to Legal Form October 1, 2018
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;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. 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 if required by said
statute.
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
Supplier 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)
Supply Agreement Standard Form Page 6 of 7
Approved as to Legal Form October 1, 2018
SUPPLIER
Signature: t4 V\-€AAA....c)
Printed Name:' ri i+,1Q., \&e k��
Title: PCIC,;.f r ?eL:4.tki51-
Date: Iv( paIaOt°>
CITY OF CORPUS CHRISTI
Ia T ? .
Kim Baker
Assistant Director of Finance-Purchasing Division
Date: H . kg . )8
ATTEST: cefa G(fj 5bib:a&,
Attached and Incorporated by Reference: RE ECCA HUERTA
Attachment A: Scope of Work CITY SECRETARY
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB No. 1832
Exhibit 2: Supplier's Bid Response
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Supply Agreement Standard Form Page 7 of 7
Approved as to Legal Form October I,2018
Attachment A: Scope of Work
1.1 General Requirements/Background Information
The Contractor 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.
1.2 Scope of work
A. Delivery
1. 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 will 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.
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. Contractor
understands and agrees that the City may, at its discretion, cancel
any backorders due to the Contractors inability to deliver the
product within the five calendar day stipulation. Cancellations shall
be in writing and sent to Contractor by email, fax, or mail. No
restocking fee or payment of any kind shall be owed for orders
canceled due to Contractors 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.
3. Delivery must be made during normal working hours, Monday through
Friday, 8:00 am to 5:00 pm CT.
B. 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.
C. Product Expiration - Contractor shall provide medical supplies with a
minimum expiration date of twelve months after the delivery date. Any
Page 1 of 3
materials delivered with an expiration date of less than 12 months will be
returned to Contractor for credit or replacement at Contractor's expense.
D. Change on Unit of Measure - Contractor may change unit of measure as
long as individual unit price remains consistent.
E. 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,
Contractor 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.
1.3 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
Page 2 of 3
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 include: Diazepam (Valium)
Midazolam (Versed)
Morphine Sulfate
Contractor must process electronic Schedule II narcotic forms (e222).
Page 3 of 3
Attachment B: Bid/Pricing Schedule
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o :.�.,',�,,'�'� 1 CITY OF CORPUS CHRISTIy I PURCHASING DIVISION
BID FORM- ..y
leas:
RFB No. 1832
EMS Medications for Corpus Christi Fire Department
Date: 9/18/2018 PAGE 1 OF 4
Life-Assist,Inc. Authorized -,„
Bidder: Signature: :i'i a.0_-b-
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 hove been arrived at independenlly, wilhout consultation.
communicalion, 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 lo 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 receipi and review of all addenda for this RFB.
Item Description Unit Qty _ Unit Price Total Price
Acetaminophen Box $1.00 $30.00
500mg/tablet
1 NDC # N/A PK 30 Bid uspecified Sold ie
Packaged: 50 box eat l°'10°
Acetaminophen Elixer Bottle
$4,96 $148.80
16mg/5ml
2 NDC# 57896-0180-16 EA 30
Packaged: bottles
Adenosine $62.00 $2,480.00
6mg/2m1
3 NDC# 25021-301-02 PK 40
Packaged: 10 vial/carton
Albuterol $6.30 $441.00
a. mg/3m1
4 NDC # 0487-9501-01 PK 70
Packaged: 30
pouch/carton
Page 2 of 4
item Description Unit Qty Unit Price Total Price
Amlodarone 581.25 S 1,625.00
S 150mg/3mI BX 20
Sold In bx125
Asprin 51.08 5311.04
81mg/1 tablet
5 NDC #0904-4040-73 EA 288
Packaged: 36 labs/bottle
Atropine Sulfate 510.66 374610
1 mg/5m1 $7,462.00 B .
6 NDC #0409-4910-34 BX 70 Bid as specified.sold In
Packaged: 1 "150•
syringe/carton
CA Gluconate 10%1V $280.00 $3,360.00
1 gm/l Om1
7 NDC # 63323-311-19
PK 12
Packaged: 25 vial/tray
CA Gluconate 2.5%Gel $35.50 S2,840.00
2g/1 tube
8 NDC # N/A EA 80
Packaged: N/A
Dextrose 50% $85.90 57,731.00
25g/50m1
9 NDC #0409-7517-16 BX 90
Packaged: 10
syringe/container
Diazepam No Btn NO fill)
i Omg/2m1
10 NDC # 0409-1273-32 BX 20 Diarepam IOmy/2m1Is
Packaged: 10 not available through any
manufacturer at this time
cartridge/carton
Diphenhydramine $25.00 $500.00
50mg/l ml
11 NDC #0641-0376-25 BX 20
Packaged: 25
vial/package
Dopamine 577.50 $620.00
200mg/5m1
12 NDC #0409-5820-01 BX 8 Rid as specified,sold as
Packaged: 25 vial/tray u/50
Epinephrine 1:1000 5410.00 58,200.00
img/lml
13 NDC # 42023-159-25 BX 20
Packaged: 25 vial/carton
Page 3 of 4
Item Description Unit Qty Unit Price Total Price
Epinephrine 1:10,000 $48.50 54,559.00
1 mg/10mt
14 NDC #0409-4921-34 BX 94
Packaged: 10
syringe/package
Furosemide S82.00 51,968.00
40mg/4m1
15 NDC #0409-6102-04 BX 24
Packaged: 25 vial/tray
Glucagon $178.00 $32,040.00
1mg/1ml
16 NDC #0597-0260-10 EA 1 BO
Packaged: 1 kit/per kit
Glucose Paste $1,20 S720.00
17 15g
NDC # N/A EA 600 Hid as specified,saki
Packaged: N/A In pW3
labetalol $55,50 $1,110.00
20mg/4ml Bid quantity as specified.
18 NDC # 0409-2339-34 BX 20 eoldhyrack Dosage not
Packaged: 10 available.FOOmg,2.0m1
vial was hid hid
cartridge/package
Udocalne $29.40 $1,646.40
100mg/5ml
19 NDC # 0409-4903-34 BX 56
Packaged: 10
syringe/container
Magnesium Sulfate 50% 560.00 $420.00
5g/10m1
21 NDC # 63323-064-10 BX 7
Packaged: 25 vial/tray
Methylpred $270.00 $4,050.00
125mg/2m1
22
NDC # 0009-0047-22 8X i3
Packaged: 25 vial/carton
Naloxone 5330.00 542,240.00
2mg/2m1
23 NDC #76329-3369-1 BX 128
Packaged: 10 syringe/box
Mldazolam $27.00 $432.00
5mg/5ml
24 NDC #0409-2305-05 BX 16
1 Packaged: 10 vial/carton
Page 4 of 4
item Description Unit Qty Unit Price Total Price
Morphine Sulfate 552,00 52,496.00
25 10mg/1mI BX 48
NDC# 0409-1893-01
Packaged: 25/box
Nitrostat Spray $146.00 $14,308.00
0.4mg/60m dose
26 NDC# 45802.210-01 EA 98
Packaged: t bottle/carton
Ondansetron $12.48 $1,622.40
4mg/2m1
27 NDC #0409-1120-11 BX 130 Bid PA specified.sold in
Packaged: 24 syringe/box bxlzs not 24)
Sodium Bicarbonate $135.00 $2,295.00
50mg/50m1
28 NDC # 0409-6637-34 BX 17 thaw spccdied(BX),
Packaged: 50m1/1 syringe sold in hx110
Tranexxamic Acid $10.28 S308.40
1000mg/t 0mI
29 NDC # 42192-605-10 EA 30
Packaged: vials
Allowance: Expedited deliveries for
Medications is to be issued by the LS 1 $1,000.00 $1,000.00
Contract Administrator via task
orders
Total 5140,248.21
$146,964.04
Attachment C: Insurance and Bond 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
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material Per occurrence - aggregate
change 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
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 statutory amounts according
Page 1 of 3
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.
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
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
Page 2 of 3
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.
2018 Insurance Requirements
Fire Department
Delivery Drop Off - EMS Medication Supplies
07/26/2018 sw Risk Management
Valid Through 12/31/2018
No Bond is required for this agreement.
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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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