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HomeMy WebLinkAboutC2017-305 - 11/14/2017 - Approved gyusc�_ 4oa 36 N� c -rang SUPPLY AGREEMENT NO. 1295 Corpus Christi Fire Department Medications • 1852 THIS Corpus Christi Fire Department Medications Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Life-Assist, Inc. ("Supplier'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Corpus Christi Fire Department Medications in response to Request for Bid No. 1295 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Corpus Christi Fire Department Medications in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this --- ----Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. 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 $142,298.14, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in ---- --its-entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: 2017-305 wm Page 1 of 7 11/14/17 2/17 M2017-181 Life-Assist Inc. INDEXED Brandon Stowers Corpus Christi Fire Department 361.826.3941 BrandonSt@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this 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 Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 10/2/17 any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: Supply Agreement Standard Form Page 3 of 7 Approved as fo Legal Form 10/2/17 IF TO CITY: City of Corpus Christi Attn: Brandon Stowers Battalion Chief 2406 Leopard Street, Corpus Christi, TX 78408 Fax: 361.826.4287 IF TO SUPPLIER: Life-Assist, Inc. Attn: Michael Murray Pricing Analyst 11277 Sunrise Park Drive 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 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 10/2/17 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. 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. 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. Supply Agreement Standard Form Page 5 of 7 Approved as fo Legal Form 10/2/17 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 10/2/17 SUPPLIER Signature: Printed Name: /`':c17ce( Afurna / Title: pr;c.'nc9 Anaiysf Date: I 0//V.20/7 CITY OF CORPUS CHRISTI Signature: OrN, Printed Name: Title: Pro o c-t r Date: 1 L / 1 571 7 ATTEST: k �-► Attached and Incorporated by Reference: RE:ECCA ETARY 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. 1295 Exhibit 2: Supplier's Bid Response ' € 3° ;Y COUNCIL SECRETARY J� Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 10/2/17 Attachment A: Scope of Work 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. 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 materials delivered with an expiration date of less than 12 months will be returned to Contractor for credit or replacement at Contractor's expense. Page I of 3 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. 3. Special Instructions A. Monthly orders of required medications (except for controlled medications listed below in special instructions section), will need to be shipped to: Corpus Christi Fire Department Attention: EMS Supply Coordinator 1501 Holly Road Corpus Christi, TX 78417 B. All controlled medications to be shipped as per DEA regulations to address on DEA Certificate. Corpus Christi Fire Department 2406 Leopard Street, Suite 300 Corpus Christi, TX 78408 Page 2 of 3 Controlled Medication: Diazepam (Valium) Midazolam (Versed) Morphine Sulfate C. Contractor must process electronic Schedule II narcotic forms (e222). Page 3 of 3 Attachment B: Bid/Pricing Schedule mus c • a :;, � CITY OF CORPUS CHRISTI �, BID FORM PURCHASING DIVISION RFB No. 1295 :ssa Corpus Christi Fire Department Medications PAGE 1 OF 4 Date: 9/29/2017 Authorized Bidder: Life-Assist, Inc. Signature: - 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UOM QTY Unit Price Total Price Acetaminophen Box $1.00 $30.00 1 500mg/tablet PK 30 NDC # N/A Bid as specified Packaged: 50 box sold in BT/100 Acetaminophen Elixer Bottle $4.96 $148.80 2 l6mg/5m1 EA 30 NDC # 57896-0180-16 Packaged: bottles Adenosine $73.00 $2,920.00 3 6mg/2m1 PK 40 NDC # 25021-301-02 Packaged: 10 vial/carton Albuterol $6.30 $441.00 4 1.5 mg/3m1 PK 70 NDC # 0487-9501-01 Packaged: 30 pouch/carton Page 2 of 4 Item Description UOM QTY Unit Price Total Price Asprin 81 mg/1 tablet $1.08 $311.04 5 NDC # 0904-4040-73 EA 288 Packaged: 36 tabs/bottle Atropine Sulfate lmg/5m1 $10.66 $746.20 6 NDC # 0409-4910-34 BX 70 Bid as specified, Packaged: 1 syringe/carton sold as CS/50 CA Gluconate 10% IV $210.00 $2,520.00 7 1 gm/10m1 PK 12 NDC # 63323-311-19 Packaged: 25 vial/tray CA Gluconate 2.5% Gel $35.50 $2,840.00 8 2g/1 tube EA 80 NDC # N/A Packaged: N/A Dextrose 50% $78.50 $7,065.00 9 25g/50m1 BX 90 NDC # 0409-7517-16 Packaged: 10 syringe/container Diazepam $310.00 $6,200.00 10 10mg/2m1 BX 20 NDC # 0409-1273-32 Packaged: 10 cartridge/carton Diphenhydramine $25.00 $500.00 11 50mg/1 ml BX 20 NDC # 0641-0376-25 Packaged: 25 vial/package Dopamine $72.50 $580.00 12 200mg/5m1 BX 8 NDC # 0409-5820-01 Bid as specified, Packaged: 25 vial/tray sold as CS/50 Epinephrine 1:1000 $410.00 $8,200.00 13 1 mg/1 ml BX 20 NDC # 42023-159-25 Packaged: 25 vial/carton Epinephrine 1:10,000 $50.00 $4,700.00 14 1 mg/10m1 BX 94 NDC # 0409-4921-34 Packaged: 10 syringe/package Page 3 of 4 Item Description UOM QTY Unit Price Total Price Furosemide $82.00 $1,968.00 15 40mg/4m1 BX 24 NDC # 0409-6102-04 Packaged: 25 vial/tray Glucagon $178.00 $32,040.00 16 l mg/l ml EA 180 NDC # 0597-0260-10 Packaged: 1 kit/per kit Glucose Paste $1.20 $720.00 17 15g EA 600 NDC # N/A Bid as specified, Packaged: N/A sold as PK/3 Labetalol 20mg/4m1 $80.50 $1,610.00 18 NDC # 0409-2339-34 BX 20 Packaged: 10 cartridge/package Lidocaine $30.00 $1,680.00 19 100mg/5ml BX 56 NDC # 0409-4903-34 Packaged: 10 syringe/container Lidocaine (pre-mixed) $184.80 $739.20 20 2g/500m1 CS 4 NDC # 0264-9594-10 Packaged: 24 container/case Magnesium Sulfate 50% 5g/10m1 $60.00 $420.00 21 NDC # 63323-064-10 BX 7 Packaged: 25 vial/tray Methylpred $255.00 $3,825.00 22 125mg/2m1 BX 15 NDC # 0009-0047-22 Packaged: 25 vial/carton _ Naloxone $330.00 $42,240.00 23 2mg/2m1 BX 128 NDC # 76329-3369-1 Packaged: 10 syringe/box Midazolam $27.00 $432.00 24 5mg/5m1 BX 16 NDC # 0409-2305-05 Packaged: 10 vial/carton Page 4 of 4 Item Description UOM QTY Unit Price I Total Price Morphine Sulfate $35.00 $1,680.00 10mg/2m1 25 NDC # 0409-1893-01 BX 48 Packaged: 10 cartridge/carton Nitrostat Spray $146.00 $14,308.00 0.4mg/60m dose 26 NDC # 45802-210-01 EA 98 Packaged: 1 bottle/carton _ Ondansetron $13.68 $1,778.40 4mg/2m1 27 NDC # 0409-1120-11 BX 130 Packaged: 10 syrja eJcarton Sodium Bicarbonate $13.50 $229.50 50mg/50m1 28 NDC # 0409-6637-34 BX 17 Packaged: 50m1/1 syringe Tranexxamic Acid $14.20 $426.00 29 1000mg/10mi EA 30 NDC # 42192-605-10 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 $142,084.94' $142,298.14 * Mathematical error on vendor side. Corrected total amount was verified with vendor. Attachment C: Insurance Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance, TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 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 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 (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employer's Liability $500,000/$500,000/$500,000 Page 1 of 3 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 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; Page 2 of 3 • 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 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. 2017 Insurance Requirements Fire Department EMS Medication Supplies 08/10/2017 sw Risk Management Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS Section 8. is null for this Supply Agreement. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-272192 Life-Assist,Inc Rancho Cordova,CA United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/13/2017 being filed. City of Corpus Christi Date Acknowledged �! ji1-II11 Ir 3 Provide the identification number used by the governmental entity or state agency to track or identify the contrao,and provide a description of the services,goods,or other property to be provided under the contract. 1295 Corpus Christi Fire Department Medications 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 6 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,underenalof p ry perjury,that the above disclosure is true and correct. l MAN NGUYEN I NOTARY PUBLIC•CALWORNM . SACRAMENTO COUNTY !IILL./1 GC/1z- _ G-mm o sJJUNNE&2021 S r nature of aurhoriz .agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE r`�1I{/ 1 / 'In\'1p��(y,IEy/tea r1I Sworn to and subscribed before me,by the said �\KC% 1 Ukkifg ` ,this the \� day of c I , 20 \-1 ,to ceniy which,wimess my hand and seal of office. 12) s',.; -e of officer.,n'-'_ g oath Punted name of officer adminism ing..tlr Title of office isteririg oath —_—=---- orms by Texas Ethics Commission www,ethics.state.,.u Version V1.03337