HomeMy WebLinkAboutC2019-513 - 9/24/2019 - Approved GovosC
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SERVICE AGREEMENT NO. 2255
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STOP LOSS INSURANCE
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1852
THIS Stop Loss Insurance Service Agreement ("Agreement") is entered into by and
between the City of Corpus Christi, a Texas home-rule municipal corporation ("City")
and stHealth Benefit Solutions, LLC, dba Stealth Partner Group ("Stealth") and Sun Life
Assurance Company of Canada ("Sun Life") (collectively, "Contractor"), effective
upon execution by the City Manager or the City Manager's designee ("City
Manager").
WHEREAS, Sun Life has bid to provide Stop Loss Insurance in response to Request
for Bid/Proposal No. 2255 ("RFB/RFP"), which RFB/RFP includes the required scope of
work and all specifications and which RFB/RFP and the Sun Life'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. Sun Life will provide Stop Loss Insurance and Stealth will provide Stop Loss
Insurance services (collectively, the "Services") in accordance with the terms of
the Stop Loss policy referenced in the 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 One Year, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or
Purchasing Division. The parties may mutually extend the term of this Agreement
for up to zero additional zero-yearr 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. Compensafion and Payment. This Agreement is for an amount not to exceed
$2,500,000.00, subject to approved extensions and changes. The City is required
to make the premium payments required by the Stop Loss policy. 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.
Service Agreement Standard Form Page 1 of 8
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:
Rosa Medina
Human Resources
Phone: (361) 826-3306
Emai: Rosam@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 that a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
Service Agreement Standard Form Page 2 of 8
7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products 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.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
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
Service Agreement Standard Form Page 3 of 8
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or proposal or in an Attachment
to this Agreement, 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 001 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. The City may, at the City's sole discretion, choose not to
accept Services performed by a subcontractor that was not approved in
accordance with this paragraph.
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 Contractor 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: Rose Medina
Title: Interim Director of Human Resources
Address: 1201 Leopard St. Corpus Christi, Texas 78401
Phone: (361) 826-3306
Fax: (361) 826-3322
Service Agreement Standard Form Page 4 of 8
IF TO STEALTH:
stHeatth Benefit Solutions, LLC dba Stealth Partner Group
Attn: Bonnie Hardesty
Senior Account Executive
5949 Sherry Lane, Sutie 1170, Dallas, Texas 75225
Phone: (214) 453-1944
Fax: (214) 453-1992
IF TO SUN LIFE:
Stop Loss
Sun Life Financial
One Sun Life Executive Park
Wellesley Hills, MA 02481
17. SUN LIFE AND STEALTH 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 STEALTH OR SUN LIFE OR RESULTS FROM THE
NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF EITHER STEALTH
OR SUN LIFE OR THEIR RESPECTIVE EMPLOYEES OR AGENTS. STEALH AND
SUN LIFE MUST, AT THEIR 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 STEALTH AND
SUN LIFE UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR
EARLIER TERMINATION OF THIS AGREEMENT. STEALTH SHALL NOT
PROVIDE INDEMNIFICATION FOR SUN LIFE'S ACTIONS AND SUN LIFE
SHALL NOT PROVIDE INDEMNFICATION FOR STEALTH'S ACTIONS.
Service Agreement Standard Form Page 5 of 8
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure to
comply with any of the terms of this Agreement. The Contract Administrator must
give the Contractor written notice of the breach and set out a reasonable
opportunity to cure. If the Contractor has not cured within the cure period, the
City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20. 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.
21. 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.
22. 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 Contractor's bid response (Exhibit 2).
The Stop Loss policy shall govern the terms of the insurance provided by Sun Life.
Service Agreement Standard Form Page 6 of 8
23. 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 if required
by said statute.
24. Governing Law. Contractor agrees to comply with all federal,Texas, and City laws
in the performance of this Agreement. 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 shall be a state or federal court located in 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.
26. Specific Terms and Conditions. A set of Specific Terms and Conditions has been
attached as Attachment E, the content of which is incorporated by reference into
this Agreement as if fully set out here in its entirety.The Contractor must comply with
Attachment E while performing the Services.
[Signature Page Follows]
Service Agreement Standard Form Page 7 of 8
CONTRACTOR
141
STHEALTH ENE I SOLUTIONS LLC DBA STEALTH PARTNER GROUP
Signature: _
Printed Name: Harley Barnes Jr
Title: Partner
Date: 9/23/2019
SUN LIFE ASSURANCE COMPANY OF CANADA
Signature: ______)/e‘r4
Printed Name: _le(is Cmc-4,1 e
Title: _5--- / L,41_ („' A5
Date: /- 23 - J ei
CITY/OF CORPUS CHRISTI
gym, E &.ct,
Kim Baker
Director of Contracts and Procurement �j
Date: Q. z5-. ATTEST: C - u W `'
RE CCA HUERTA
PROVED A TO LEGAL FORM: CITY SECRETARY
4leed G/ZLihl
Assistant City Attorney Date
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements M9-019-1111 AUIIUru4.a...
Attachment E: Specific Terms and Conditions
gyl .1q-2.4-,0161
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. 2255 SECRETARY
Exhibit 2: Contractor's Bid/Proposal Response
Service Agreement Standard Form Page 8 of 8
Attachment A - Scope of Work
1.1. Background
The City of Corpus Christi (City) has been administering a self-funded plan for more
than ten years. The medical claims are currently administered by BlueCross
BlueShield of Texas and the Pharmacy Benefit Manager (PBM) is CVS Caremark.The
City has an onsite Wellness Clinic at City Hall in conjunction with Concentra under
a contract that will continue until 2022. Developing a broader primary care
presence is a goal of the City including targeting chronic disease states and
comorbidities among their population. The group that will be covered consists of all
eligible employees and at the current time there are 2,784 active employees and
117 pre-65 retirees.
1.2. General Requirements
A. Contractor will provide stop loss insurance.
B. Contractor must maintain a rating financially sound with an AM Best rating of A-
or higher.
C. Contractor must implement the plan(s) with an effective date of October 1,
2019.
D. The City or its agent reserves the right to audit the Contractor's performance by
reviewing pertinent records and documentation, including clinical records,
subject to appropriate confidentiality requirements.
E. The stop loss insurance is for claims incurred in the 24-month period and paid in
the 12-month period immediately preceding the end date of the contract
period. The Contractor agrees to provide specific stop loss protection to the
policyholder for a catastrophic loss per individual claimant with an attachment
point of $250,000 and unlimited maximum and covers both medical and
prescription claims.
F. Contractor must maintain the contract pricing through the duration of the
contract.
G. See additional reference information concerning current Stop Loss in
Attachment A-1 .
Page 1
Attachment Al-
CURRENT STOP LOSS
Stop Loss 10/1/2018-9/30/2019
Specific Deductible $250,000
Specific Contract Type 24/12
Specific Coverage Med/Rx
Specific Rates Single $36.27
Family $88.85
Composite $61.54
Aggregate Corridor N/A
Aggregate Contract N/A
Aggregate Coverages N/A
Aggregate Premium I N/A
Aggregate Factors N/A
Individuals Subject to Adjusted 1018-01 @ $650,000
Specific Deductible 1018-02 @ $400,000
1018-03 @ $350,000
Page 2
Attachment B )chedule of Pricing
Dan Harlow
5949 Sherry Lane,Suite 1170 /'sea kb-
Dallas,TX 75225
(214)453-1943 PARTNER GROUP
dharlow@stea rthpartnergroup,corn
GROUP: City of Corpus Christi
EFFECTIVE DATE: October 1, 2019
SPECIFIC STOP LOSS Current Renewal Option 1 Option 2 Option 3
CARRIER: US Fire US Fire Sun Life Sun Life Sun Life
Carrier Rating: A A A+
TPA: BCBS BCBS BOBS BCBS BCBS
PPO Network: BCBS BCBS BCBS BCBS BCBS
UR Vendor: BCBS BCBS BCBS BCBS BCBS
PBM: CVS Caremark CVS Caremark CVS Caremark CVS Caremark CVS Caremark
Specific Benefits included: Med+Rx Med+Rx Med+Rx Med+Rx Med+Rx
Plan Lifetime Maximum: Unlimited Unlimited Unlimited Unlimited Unlimited
Specific Lifetime Maximum Reimbursement: Unlimited Unlimited Unlimited Unlimited Unlimited
Individual Specific Deductible: $ 250,000 $ 250,000 $ 250,000 $ 360,000 $ 450,000
Specific Contract: 24/12 24/12 24/12 24112 24/12
1472 EE Only $ 36.27 S 45.30 $ 27.41 $ 18.27
1084 Family $ 88,85 $ 130.00 $ 86.46 $ 62.51
2636 Composite $ 58.33 $ 80,84 $ 52.18 $ 36.83
Monthly Specific Premium $ 147,925,84 $ 206,001.80 $ 132,340.96 $ 93,404.06
Annual Specific Premium $ 1,775,110.08 $ 2,460,019.20 $ 1,688,091.62 5 1,120,848.96
%Difference 38.68% -10.64% -36.86%
Disclosure Status FIRM Through 9/25 FIRM Through 9/26 FIRM Through 9/25
1018-01 @$680K
Lasers 1018-02($4001(
1018.03 9$3501(
Included w/ included wt Included wl
No New Lasers at Renewal 50%Rate Cap 50%Rate Cap 60%Rate Cap
TOTAL REINSURANCE EXPENSE
Annual Fixed Premium $ 1,775,110.08 $ 2,460,019.20 $ 1,588,091.52 $ 1,120,848.96
%Difference 38.58% -10.64% -36.86%
Maximum Cost Liability $ 1,775,110.08 $ 2,460,019.20 $ 1,588,091.52 $ 1,120,848.96
%Difference 38.68% -10.54% -36.86%
Commissions: 0.0%
8/22/2010
Page 1
1
Dan Harlow
5949 Sherry Lane,Suite 1170 ` s ea tb'
Dallas TX 75225
(214)453-1943 PARTNER GROUP
dharlow@stealth partn ergroup,co m
GROUP: City of Corpus Christi
EFFECTIVE DATE: October 1,2019
SPECIFIC STOP LOSS Current Renewal Option 1 Option 2 Option 3
CARRIER: US Flre US Fire Sun Life Sun Life Sun Life
Carrier Rating: A A A+ A+ A+
TPA: BCBS BCBS BCBS BCBS BCBS
PPO Network: BCBS BCBS BCBS BCBS BCBS
UR Vendor: BCBS BCBS BCBS BCBS BCBS
PBM: CVS Caremark CVS Caremark CVS Caremark CVS Caremark CVS Carernark
Specific Benefits Included: Med+Rs Med+Rx Med+Rx Med+Rx Med+Rx
Plan Lifetime Maximum: Unlimited Unlimited Unlimited Unlimited Unlimited
Specific Lifetime Maximum Reimbursement: Unlimited Unlimited Unlimited Unlimited Unlimited
Individual Specific Deductible: $ 250,000 $ 250,000 $ 250,000 $ 350,000 $ 450,000
Specific Contract: 24112 24/12 24112 24112 24112
1472 EE Only $ 36.27 5 43.94 $ 26.69 $ 17.72
1064 Family $ 88,86 3 126.10 $ 83.87 $ 60.63
2636 Composite $ 58.33 $ 78.41 $ 50,62 $ 35,73
Monthly Specific Premium $ 147,925.84 $ 198,851.66 $ 128,370.73 $ 90,601.96
Annual Specific Premium $ 1,775,110.08 $ 2,386,218.62 $ 1,640,448.77 $ 1,087,223.49
%Difference 34.43% -13.22% -38.76%
Disclosure Status FIRM Through 9/25 FIRM Through 9/26 FIRM Through 9/25
1018.01 @$860K
Lasers 1018.02 @$400K
1018-03 l i$350K
No Now Lasers at Renewal Not Included Not Included Not Included
TOTAL REINSURANCE EXPENSE
Annual Fixed Premium $ 1,776,110.00
$ 2,386,210.62 $ 1,540,448.77 $ 1,097,223.49
%Difference 34.43% ___ _ :13'22i. _ -38.75
Maximum Cost Liability $ 1,775,110,08 $ 2,386,218.62 $ 1,640,448.77 $ 1,087,223,49
Difference 34.43% -13.22% -38.75%
Commissions: 0.0%
8122/2019
Page 2
Attachment C
EXHIBIT
INSURANCE REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance required has been obtained
and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency
to commence work until all similar insurance required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City's Risk Manager and Director Human Resources, 2 copies of
Certificates of Insurance (COI) 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 is required on all applicable policies. Endorsements must be provided with COI. Project
name and or number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by applicable Per occurrence- aggregate
policy endorsements
Commercial General Liability including: $1,000,000 Per Occurrence
1. Commercial Broad Form
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions) (Defense costs not included in face value of the
Ivy, Li-(Z ScI-F' 'N�vteS 4111.s ►'fSg. policy)
If claims made policy, retro date must be prior to
inception of agreement, have extended reporting
period provisions and identify any limitations
regarding who is insured.
CRIME/EMPLOYEE DISHONESTY $1,000,000 Per Occurrence
Contractor shall name the City of Corpus
Christi,Texas as Loss Payee
C. In the event of accidents of any kind related to this agreement, 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 an amount
sufficient to assure that all workers'compensation obligations incurred by the Contractor will be promptly
met.
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 a copy of the replacement certificate of insurance to City at the
address provided below within 10 days of the requested change. Contractor shall pay any costs incurred
resulting from said changes. All notices under this Article 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, volunteers, and elected representatives as additional
insured by endorsement,as respects operations,completed operation 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 suspension, cancellation,
non-renewal or material change 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 suspension,cancellation,or non-renewal 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, 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 agreement.
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 agreement.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
2019 Insurance Requirements
Ins. Req. Exhibit 3-J
Professional Services—Financial or Insurance Services—Modified to Delete Auto and Workers Comp
09/17/2019 Risk Management—Legal Dept.
Attachment C— Bond Requirements
Section 5. Insurance; Bonds Subsection (B) is null for this Service Agreement.
Attachment D - Warranty
Section 8. Warranty Subsections (A), (B) and (C)are null to this Service Agreement.
Attachment E - Specific Terms and Conditions
1. Access to Information. If the City needs access to information in the
Contractor's possession, for purposes other than an audit, but in order to
administer the Plan, Contractor will provide it to the City if it is legally
permissible, the information relates to Contractor's services under the
Agreement, and the City provides reasonable advance notice and an
explanation of the need for such information.
2. Confidentiality. Each party may have access to information that is
confidential to the other party. Neither party will disclose the other party's
confidential information to any third party or use the other party's
confidential information for any purpose other than for the purposes of this
Agreement, except as may be required by law or valid government or
court order, which may include Texas Public Information Act (Ch. 552). The
Contractor shall any information, other than that information covered by
HIPAA, that the Contractor considers confidential or proprietary. If the City
receives a valid request under the Texas Public Information Act for any
information marked confidential or proprietary by the Contractor, the City
shall request an opinion from the Texas Attorney General's Office as its
ability to withhold the information from public inspection. The City shall
inform the Contractor of the request in accordance with the Texas Public
Information Act and inform the Contractor of its right to submit arguments
to the Texas Attorney General's Office regarding the confidentiality of the
confidential or proprietary information.
3. Records. The Contractor will keep all records relating to the Services
provided under the Agreement for as long as it is required to do so by law.
In no event shall the Contractor fail to keep the records for at least the term
of the Agreement and 12 months following the termination of the
Agreement.