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T3 _ SERVICE AGREEMENT NO. 1145
1852 FireApP aratus Maintenance Parts and
Services for the Corpus Christi.Fire Department,
::: THIS. Fire Apparatus .Maintenance Parts and Services for the Corpus
Christi Fire Department Agreement ("Agreement") is entered into by and
between the. City: of Corpus: Christi, a Texas home-rule municipal.corporation :
("City") and Siddons-Martin Emergency Group, LLC ("Contractor'), effective
upon execution by the.City Manager or_:the City Manager's designee ("City
Manager"):
WHEREAS, Contractor ::has bid to provide Fire Apparatus Maintenance _
Parts and Services for: the Corpus Christi Fire Department in response to
-Request fore Bid/Proposal No. N/A ("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 Fire Apparatus Maintenance Parts and -
:Services for the Corpus Christi Fire Department ("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 12 months, with performance commencing
upon the date of issuance of.a notice to proceed from the Contract
Administrator or Purchasing Division. This Agreement includes an option: to
extend the term for up to two additional 12-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
Contractor and the City Manager.
3. Compensation.'and Payment. The total value of this Agreement is not to
: : exceed $200,000.00, 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..
I - All pricing must be in accordance with the attached Bid/Pricing Schedule,
City of Corpus Christi . - Page 1,of 8.
2017-178
5/23/17
Res. 031149
Siddons-Martin Emergency
INDEXED
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:
Captain Ernie Villarrael
Corpus Christi Fire Department- Logistics Division
361-826-8424
ErnieV@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
City of Corpus Christi Page 2 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
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. 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. 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.
City of Corpus Christi Page 3 of 8
Service Agreement Standard Form -
Approved as to Legal Form 7/1/16
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.
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: Captain Ernie Villarrael
Title: Fire Captain
Address: 1501 Holly.Rd. Corpus Christi, TX 78417
Fax 361-826-4515
IF TO CONTRACTOR:
Siddons-Martin Emergency Group, LLC
Attn: Troy D. Harrison
Title: Vice President/Service Division
Address: 14233 lnterdrive West, Houston, Texas 77032
Fax: 281-442-9026
City of Corpus Christi Page 4 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
17. CONTRACTOR 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 CONCURRENT OR CONTRIBUTORY
NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE
NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY
OTHER PERSON. 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 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 insurancepolicies 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.
City of Corpus Christi Page 5 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
(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 and its attachments
B. the bid solicitation document, including addenda (Exhibit 1)
C. 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. 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
City of Corpus Christi Page 6 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
supersedes all prior negotiations, arrangements, agreements and
understandings, either oral or written, between the parties.
(SIGNATURE PAGE FOLLOWS)
City of Corpus Christi Page 7 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
CONTRACTOR
Signature:
Printed Name: `le d• hi Sod
Title: ga e /A -_5 6t 41efr 04)
Date: 0/47-0/7
CITY OF CORPUS CHRISTI
Signature: +�• 4� � —
Printed Name: {O-•
Title:
Date: 3707 y / '7
ATTEST: 0 4J.-CxC�C-0..- L'CG
.4•
RE ECCA HUERTA
CITY SECRETARY
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance/Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
SY MUNCIL
Exhibit 1: RFB/RFP No. N/A
Exhibit 2: Contractor's Bid/Proposal Response ••
SECRfTAR
City of Corpus Christi Page 8 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
ATTACHMENT A-SCOPE OF WORK
1 . Labor and Repair Time:
The City will use its authorized contracted towing company to deliver the vehicle
to Vendor at which point the time within which to complete repairs begins. The
Vendor will be required to repair all equipment within the time frame noted
below. The City will notify vendor by E-Mail and/or phone call of vehicles being
towed or to be delivered to vendor for repairs. On the same day the vehicle is
received, Vendor shall send an email to Corpus Christi Fire Department Fleet
Operations Manager or designated staff representative indicating the date the
vehicle was received and the estimated completion time of the service.This email
shall also include a description of the vehicle received and the vehicle
identification number. All repairs, including warranty repairs, must be completed
within the time specified below for Minor Repairs or Major Repairs, as applicable.
Vendor shall notify City the day the repairs are completed by sending an email
to Corpus Christi Fire Department Fleet Operations Manager or designated staff
representative. This email shall include a description of the vehicle, the date the
vehicle was received by Vendor and the vehicle identification number. City will
pick up the vehicle from Vendor. The Fleet Operations Manager or designated
staff representative must approve any requests for extension of the time for
completing repairs in writing. Requests for extension must be made in writing and
include an explanation detailing the need for the extension no later than the
close of business of the 3rd business day after receipt of vehicle. If the reason for
delay is unavailability of parts, Vendor must submit proof with its request for
extension that it took prompt action to request parts.
Vendor subcontracted outside labor must be approved in writing by the Fleet
Operations Manager, or designated staff representative, before work proceeds.
All subcontracted labor must be performed by an approved factory authorized
dealer. Charges for subcontracted labor must be supported by a copy of the
outside vendor's invoice, attached to Vendor's invoice submitted to City for
payment. Subcontracted labor will be paid only when all internal resources of
Vendor have been expended and when the lack of tooling and expertise to
perform a particular task becomes a factor. Payment will not exceed the amount
of the subcontracted vendor's invoice. Subcontracted labor up charges are not
acceptable. All repairs must be completed within the time frames established
below, whether performed by Vendor or by Vendor's subcontractor.
Minor Repairs, defined as repairs not exceeding $3,000 for all parts and labor, shall
be completed within 3 business days.
Major Repairs, defined as repairs exceeding $3,000 for all parts and labor shall be
completed within 7 business days.
2. Bids for parts exceeding the suggested OEM retail price will be rejected.
3. All costs associated with shop supplies, core charges, environmental fees or any
other expenses incurred in fulfilling this contract are to be included in bid price.
4. Parts:
Vendor shall provide a parts price list which, along with the discount quoted on
the price schedule, will be used to purchase a full range of items. The items
specified in the price schedule are some of the most commonly replaced items.
Prices stated for these items and quantities reflected therein will be used for
evaluation purposes only.
Vendor is required to maintain a stock level of parts which, within the industry, are
considered to be fast-moving, normal wear items for which two demands have
occurred within the most recent 180-day period.
Charges for overhaul or rebuild of components (i.e., hydraulic pumps, hydraulic
cylinders, auxiliary drives, ejector panels, etc.) shall not exceed 65% of acquisition
cost for a new item which meets or exceeds the specifications, unless otherwise
approved in writing by the Fleet Operations Manager or designated staff
representative.
All core charges will be credited to the City in accordance with the cost indicated
in the price list submitted for the item bid. Vendor shall submit its requirements for
obtaining core credits at the time of bid submission. Failure to provide this
information may result in rejection of the bid.
Any materials or parts used in complying with the contract must be equal to or
better than original equipment.
Vendor shall allow City to return unused, purchased parts and credit City's
account during the contract period, when such parts have become obsolete for
City's needs, provided that these items are in the original cartons and in
marketable condition. The credit shall be in the same amount as City originally
paid for the part. Vendor shall not apply any restocking or other fees. If City is at
the end of the contract term, City may request a refund in place of the credit,
and Vendor shall pay same within 30 days of City's request, by check made
payable to the City of Corpus Christi and addressed to the Corpus Christi Fire
Department Fleet Operations Manager or designated representative at 1501
Holly Rd., Corpus Christi, TX, 78417.
5. Replaced Parts:
All parts which have been replaced and billed must be available for inspection
by City. Upon the City's request, replaced parts shall be returned/delivered to the
City's fleet facility.
6. All prices to be quoted F.O.B., City of Corpus Christi designated facility. Allowance
for special freight charges will be acceptable only when the expedited delivery
is requested and approved in writing by the City.
7. Delivery:
Stocked Inventory will be delivered within 7 business days after receipt of a
purchase order. Fabricated, manufactured or made to order parts will be
delivered within 15 business days, unless agreed upon in writing by Corpus Christi
Fire Department Fleet Operations Manager.
ATTACHMENT B - BID/PRICING SCHEDULE
ONHg_Mg9l Siddons-Martin Emergency Group Estimate 21400909 HI
loll
IHI
ii
c I- 104 Utility Drive Tag Number:
` Pharr TX USA 78577
Date and Time In:4/10/2017 3:36 PM
JPhone#:(956)588-2735
1,11,\,. Phone and Time Out:4/10/2017-3:36 PM
Fax#:(972)576-1202 Promised Date-Time:4/10/2017-3:36 PM .
Cashed Out Date:
Credit Terms:30 DAY
Remit To:PO Box 610101 Dallas Tx,75261-0101 Service Advisor: (A05J)Matthew Pulfer
City of Corpus Christi 1002944 Work:(361)826-8424
P.O.Box 9277 Veh Info: 30195 17 Pierce Impel Cstm Pumper
Accounts Payable Division-4th Fl P P
Corpus Christi TX 78469 Serial Numbers:4P 1BAAFFOHA017420
In-Srv:3/24/2017 Miles/Hrs In: Out: Plate#:
Color Ex: Int:
Please note that all work will be performed on a time and material basis at the rates outlined below. Itemized invoices will be
required with support for payment.
Repair YIN Second VIN Mech# Type Labor Discount Total
Description Qt c Ret.Price Savings Selling Price Ext Discount Ext Price
1 HA017420 Wholesale $0.00 $0.00 $0.00
PLEASE MAKE KNOWN THAT CCFD WILL NOT BE CHARGED FOR TRAVEL,LODGING OR PER DIEM FOR ANY SERVICES
RENDERED.
LABOR RATE:$101.50 PER HOUR
PARTS MARK UP:COST X 1.67(INCLUDES REGULAR GROUND SHIPPING)EXPEDITED REQUEST BY CCFD WILL BE BILLED AT
COST OF FREIGHT AND OR EXPEDITE FEES ONLY.
Parts Total: Labor Total: $0.00 Job Total: $0.00
We(the Customer)are responsible for all costs and expenses listed on Parts Total: $0.00 Ext Price: $0.00
this invoice.I,the undersigned,am authorized to agree,on behalf of the Core Total: $0.00 Sales Tax: $0,00
owner of the vehicle,to pay all outstanding charges in accordance with
the terms and conditions agreed between us and the Company. Unless Freight Total: $0.00 Total: $0.00
otherwise stated,all invoices are due and payable 30 days from the date Sublet Total: $0.00 -Deductible: $0.00
of invoice. We have granted the Company,its employees,and agents Labor Total: $0.00 -Deposits: $0.00
permission to operate the vehicle on any streets as necessary for testing,
inspection,or other services requested. We are responsible for insuring Labor Discount: $0.00 Amount Due: $0.00
the vehicle at all times. We release the Company for any loss,damage, Other Charges: $0.00 Amt Tendered: $0.00
or theft of any items left in the vehicle for any reason. All parts and Shop Supplies: $0.00 Chg Returned: $0.00
labor on this invoice are warranted for purpose and fitness for 90 days
from the date of the invoice. In order to recover against any warranty, Sub Total: $0.00
we agree to return the vehicle to the Company for all warranty repairs. -Parts Discount: $0.00
Failure to return the vehicle cancels all warranties provided. All other
warranties are expressly disclaimed by Company.Acknowledged and
Received by:
We(the Customer)are responsible for all costs and expenses listed on this invoice.I,the undersigned,am authorized to agree,on behalf of
the owner of the vehicle,to pay all outstanding charges in accordance with the terms and conditions agreed between us and the Company.
Unless otherwise stated,all invoices are due and payable 30 days from the date of invoice. We have granted the Company,its employees,
and agents permission to operate the vehicle on any streets as necessary for testing,inspection,or other services requested. We are
responsible for insuring the vehicle at all times. We release the Company for any loss,damage,or theft of any items left in the vehicle for
any reason. All parts and labor on this invoice are warranted for purpose and fitness for 90 days from the date of the invoice. In order to
recover against any warranty,we agree to return the vehicle to the Company for all warranty repairs. Failure to return the vehicle cancels all
warranties provided. All other warranties are expressly disclaimed by Company.Acknowledged and Received by:
Printed On:4/10/2017 3:40:06 PM Page 1 of 1
ATTACHMENT C - INSURANCE REQUIREMENTS
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 Per occurrence - aggregate
change or termination required on all
certificates and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $2,000,000 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
(All States Endorsement if Company is this Exhibit.
not domiciled in Texas)
Employer's Liability $500,000/$500,000/$500,000
•
Garage Keepers Legal Liability $1,000,000
Cargo/On Hook Coverage $1,000,000
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.
It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this contract.
2017 Insurance Requirements
Purchasing
Emergency Vehicles Repairs, Parts and Services
04/07/2017 sw Risk Management
ATTACHMENT C- BOND REQUIREMENTS
No Bond Requirement is necessary for this Service Agreement.
ATTACHMENT D- WARRANTY REQUIREMENTS
All parts and labor are warranted for purpose and fitness for 90 days from the
date of the invoice. In order to recover against any warranty, The City must
return the vehicle to the Contractor for all warranty repairs. Failure to
return the vehicle cancels all warranties provided. All other
warranties are expressly disclaimed by the Contractor.
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 it 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. 2017-189951
Siddons Martin Emergency Group,LLC
Houston,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/10/2017
being filed.
CiCityCoDate cknoed ed:of Corpus Christi 25
3 Provide the identification number used by the governmental entity or state agency to track or identify the c ntract,and provide a
description of the services,goods,or other property to be provided under the contract.
1145
SERVICE OF FIRE APPARATUS
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Martin Jr,Leon Houston,TX United States X
Siddons,Patrick Houston,TX United States X
6 Check only if there is NO Interested Party. o
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure Is true and correct.
+,wtur,,i� DENISE PICOU
=o G��Notary Public,State of Texas i
W ;At. Comm.Expires 01-18-2021 1
Vnii, Notary ID 10643726 Signat r of authorized agent of contracting business entity
P
AFFIX NOTARY STAMP/SEAL ABOVE �} �/'� ) (I f /�/y� 'Jn r
Sworn to and subscribed before me,by the said I1ofh(�r I V�i I I l otie .s,this the 10
" ' day of AP(
1
20 11 ,to certify which,witness my hand and seal of office.
pipAiAseAcovt, Din I S� PILOk td1tlPUhhC
Signature of officer administering oath Printed name of officer administering oath Title of fficer ad inistering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883