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Res 2022-04-1149 Midlothian ILA for Medical Supplies
CITY OF ANNA, TEXAS RESOLUTION NO, ao aa'-04 - ILH (Midlothian Interlocal Cooperation Agreement) A RESOLUTION APPROVING THE INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF MIDLOTHIAN FOR THE PURCHASE OF MEDICAL SUPPLIES. WHEREAS, the City of Anna, Texas ("the City") is committed to principles of best financial practices that save time and money while adhering to state purchasing law; and WHEREAS, the City of Anna, Texas City Council ("City Council") has determined that it is in the interests of the citizens of Anna to participate as a member of the Midlothian Interlocal Cooperation Agreement Purchasing group; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. Section 2. Interlocal Agreement Reviewed and Authorizes the City Manager to sign the Agreement. The City Council hereby approves the Agreement, attached hereto as EXHIBIT 1, incorporated herein for all purposes Cl" authorizes the City Manager to execute same on behalf of the City. PASSED by the City Council of the City of Anna, Texas, on this the 26th day of April, 2022. ATTEST: Carrie L. Smith,- City Secretary APPROVED: ``,�Uuu U u r rrrrrr�� b .- ate Pike, Mayor /,Ir/rrwrE)( \ STATE OF TEXAS § COUNTIES OF ELLIS AND COLLIN § INTERLOCAL COOPERATION AGREEMENT This Agreement is by and among the City of Midlothian, Texas and the City of Anna, Texas, (collectively referred to as the "PARTIES" and individually referred to as a "party") acting by and through their authorized officers. RECITALS: WHEREAS, this AGREEMENT is authorized by Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271, Texas Local Government Code; and WHEREAS, Section 271.102 of the TEx. Loc. Gov'T CODE authorizes a local government to participate in a Cooperative Purchasing Program with another local government or a local cooperative organization; and WHEREAS, a local government that purchases goods and services pursuant to a Cooperative Purchasing Program with another local government satisfies the requirement of the local government to seek competitive bids for the purchase of the goods and materials; and WHEREAS, the PARTIES desire to enter into a Cooperative Purchasing program which will allow each party to purchase goods and services from vendors under contracts made by one or more of the PARTIES herein pursuant to Subchapter F, Chapters 271 of the TEx. Loc. Gov'T CODE; and WHEREAS, each party that purchases goods and services pursuant to this AGREEMENT shall pay for such goods and services from current revenues available to such party; NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the PARTIES agree as follows: ARTICLE I PURPOSES 1. The purpose of this AGREEMENT is to establish a Cooperative Purchasing Program among the PARTIES which will allow each party to individually purchase goods and services from vendors under a contract made pursuant to this AGREEMENT. The purpose of this AGREEMENT is to allow individual PARTIES to purchase goods and services from current bids and/or contracts established by any party to this AGREEMENT. All bids and/or contracts established by any party to this AGREEMENT shall be awarded in compliance with the INTERLOCAL COOPERATION AGREEMENT -Page 1 ss24807 procedure and requirements for competitive bidding and proposals in Chapter 252, Texas Local Government Code. ARTICLE II WITHDRAWAL OF PARTY 2. Any party may withdraw and terminate its participation under this AGREEMENT by providing thirty (30) days prior written notice to each of the other PARTIES. In the event of withdrawal of a party, this AGREEMENT shall continue in fall force and effect so long as there are at least two or more PARTIES to this AGREEMENT. ARTICLE III ADDITIONAL PARTIES 3. Additional units of local government including counties, municipalities, special districts, school districts, junior colleges, regional planning commissions or other political subdivisions of the State may become a party to this AGREEMENT and thereby participate in the Cooperative Purchasing Program established herein by an appropriate amendment to this AGREEMENT approved by the governing body of each of the PARTIES. ARTICLE IV TERMINATION 4. This AGREEMENT may be terminated with the mutual written consent of all PARTIES. ARTICLE V PURCHASING COMMITTEE 5. It is hereby established a Purchasing Committee (the "COMMITTEE") consisting of the person responsible for the purchasing function for each party or other person designated by each party to act under the direction of, and on behalf of, that party in all matters relating to the Cooperative Purchasing Program established herein. The COMMITTEE may adopt rules and procedures for the conduct of its business in the furtherance of the Cooperative Purchasing Program. 6. The COMMITTEE on an annual or other basis as determined by the COMMITTEE from time to time shall determine the goods or services that are subject to the Cooperative Purchasing Program established herein. T The COMMITTEE shall develop terms and conditions to be incorporated in the advertisement for competitive bids and for contracts awarded pursuant to this Cooperative Purchasing Program including but not limited to the following: INTERLOCAL COOPERATION AGREEMENT -Page 2 ss2aao� a. Each party to this AGREEMENT shall be entitled to individually purchase goods or services directly from the vendor by making payments directly to the vendor; b. Each party shall be entitled to individually order or request the goods and services separately and be separately invoiced by the vendor; c. Each party that purchases goods or services from a vendor shall be liable only for the goods or services ordered and received by such party; d. The purchase of goods or services from a vendor pursuant to a contract awarded under the Cooperative Purchasing Program does not create any joint or concurrent liability for any party that does not purchase such goods or services; and e. Any dispute or claim arising between or among the vendor and any party hereto which purchases goods or services from such vendor shall be the sole responsibility of and be resolved by that individual party and the vendor. 8. No parry hereto shall be responsible for a vendor's compliance with the provisions relating to the quality of items and terms of delivery, such being the sole responsibility of the party (or PARTIES) purchasing goods or services directly from a vendor awarded a contract pursuant to this Cooperative Purchasing Program, 9. Nothing in this AGREEMENT shall prevent any party from advertising for and awarding contracts for goods or services separate and apart from this Cooperative Purchasing Agreement, nor shall any party be obligated to purchase goods or services from a contract awarded pursuant to this AGREEMENT. 10. Each party shall through their designated representative cooperate to provide a program for the purchase of goods and services commonly utilized by the PARTIES, and under such program may purchase goods or services from vendors under present and future contracts with any party hereto. 11. Each party will enter into individual contracts with the vendors under the Cooperative Purchasing Program provided under this AGREEMENT. Each parry shall be individually responsible for payment directly to the vendor and for the vendor's compliance with all conditions of delivery and quality of purchased items under such individual contracts. INTERLOCAL COOPERATION AGREEMENT -Page 3 ss2aso� ARTICLE VI RELEASE AND INDEMNIFICATION 12. To the extent permitted by law, each party hereto waives all claims against and releases the other PARTIES, their officials, officers, agents and employees in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorney's fees (including all expenses of litigation or settlement), or causes of action of any kind which may arise by reason of an injury to or death of any person or for a loss of, damage to, or loss of use of any property arising out of or in any way related to this AGREEMENT and/or the Cooperative Purchasing Program, including any acts or omissions of the PARTIES' respective officials, officers, agents or employees, relating to or arising out of the performance of this AGREEMENT, except when any such claim or demand arises or results fiom the intentional tort and/or gross negligence of any party hereto. In the event any claim or demand arises out of or results from the intentional tort and/or gross negligence of a party hereto, then in that event, the party guilty of such intentional tort and/or gross negligence shall, to the extent permitted by law, indemnify and hold harmless the other PARTIES who are innocent of any intentional tort or gross negligence of and from all liability, claims, suits, demands, losses, damages and attorney's fees resulting from the intentional tort and/or gross negligence. 13. In the event of a claim or case which subjects the PARTIES to joint liability and which does not result or arise from the intentional tort and/or gross negligence of any party hereto, it is the agreement of the PARTIES that each shall be responsible for the payment of a pro rata share of any and all liability, claims, suits, demands, losses, damages and attorney's fees, including all costs of litigation or settlement, for which the PARTIES are jointly liable. For purposes of this paragraph, a pro rata share is computed by multiplying the total amount for which the PARTIES are jointly liable by a fraction consisting of one divided by the total number of PARTIES to this AGREEMENT. Under such circumstances, in no event shall any party hereto be liable for damages other than for said pro rata share. 14. It is expressly understood and agreed that, in the execution of this AGREEMENT, no party waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to or against claims arising in the exercise of governmental functions relating hereto or otherwise. By entering into this AGREEMENT, the PARTIES do not create any obligations, expressed or implied, other than those set forth herein, and this AGREEMENT should not create any rights in any parties not signatory hereto. ARTICLE VII MISCELLANEOUS 15. Relationship of PARTIES: This AGREEMENT is not intended to create, nor should it be construed as creating, a partnership, association, joint venture or trust. 16. Notice: Any notice required or permitted to be delivered hereunder shall be deemed received when sent in the United States Mail, Postage Prepaid, Certified Mail, Return INTERLOCAL COOPERATION AGREEMENT -Page 4 ss2aso� Receipt Requested, or by hand -delivery or facsimile transmission addressed to the respective party at the address set forth opposite the signature of the parry. 17. Severability: In the event any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and the AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this AGREEMENT. 18. Governing Law: The validity of this AGREEMENT and any of its terms and provisions as well as the rights and duties of the PARTIES, shall be governed by the laws of the State of Texas. 19. Entire Agreement: This AGREEMENT represents the entire agreement among the PARTIES with respect to the subject matter covered by this AGREEMENT. There is no other collateral, oral or written agreement between the PARTIES that in any manner relates to the subject matter of this AGREEMENT. 20. Recitals: The recitals to this AGREEMENT are incorporated herein. 21. Counterparts: This AGREEMENT may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. INTERLOCAL COOPERATION AGREEMENT -Page 5 ss2aao� EXECUTED this 26 day of April , 2022. CIT By: ATTEST: By: CITY SECRETARY EXECUTED this ay of , 2022. CIT By: ATTEST: INTERLOCAL COOPERATION AGREEMENT -Page 6 sszaso7 STATE OF TEXAS § § AGREEMENT SUPPLIES COUNTY OF ELLIS § FOR EMS FIRE DEPT MEDICAL This Agreement for EMS Fire Dept. Medical Supplies ("Agreement") is made by and between the City of Midlothian, Texas ("City") and Bound Tree Medical, LLC ("Supplier") each a "Party" and collectively the "Parties"), acting by and through their authorized representatives. RECITALS: WHEREAS, City desires to engage the services of Contractor as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, Contractor desires to render manufacturing and delivery services for the purchase of various medical supplies to support the fire department in emergency calls, as more fully described in Exhibit "A" and Exhibit "B" attached hereto and made a part herein by reference (the "Services'), and in accordance with the terms and conditions set forth in this Agreement; NOW THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows: Article I Term The Term of this Agreement shall commence upon Contractor's receipt of the City's Notice to Proceed, and shall continue until completion of the Services, unless sooner terminated as provided here. Article II Contract Documents 2.1. This Agreement consists of the following items: (a) This Agreement; (b) City's Request for Bid Solicitation for Purchase of a 2020-28 EMS Fire Dept. Medical Supplies RFP ("City's Bid") (attached as Exhibit "A"); and (c) Supplier's Response to City's Bid (attached as Exhibit "B"). City of Midlothian and Bound Trcc htedical, LLC Poke t Agrcemcnt for EMS Fire Dcpt. Medical Supplies 2.2 In Lite event there exists a conflict in interpretation, the documents shall control in the order listed above. These documents shall be referred to collectively as "Contract Documents" Article III Scope of Services The Parties agree that Contractor shall perform the Services specifically set forth under Exhibit "A" and Exhibit "B" attached hereto and incorporated herein by reference. Article IV Compensation 4.1 City shall compensate Contractor in the total amount as set forth in Exhibit "B". 4.2 City shall pay Contractor within thirty {30) days after receiving an invoice for the Services. Contractor must submit a proper invoice with no errors or discrepancies and that all Services noted on the invoice has been completed. Any errors, discrepancies or the invoicing of Services not completed may result in a delay in payment. 4.3 Contractor shall be responsible for all expenses related to the Services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, reproduction charges, and telephone, internet and a -mall charges. Article V Devotion of Time; Personnel; and Equipment 5.1 Contractor shall devote such time as reasonably necessary for the satisfactory performance of the Services under this Agreement. Should City require additional services not included under this Agreement, Contractor shall make reasonable efforts to provide such additional services at mutually agreed charges or rates, and within the time schedule prescribed by City, and without decreasing the effectiveness of the performance of Services required under this Agreement. 5.2 To the extent reasonably necessary for Contractor to perform the Services under this Agreement, Contractor shall be authorized to engage the services of any agents, assistants, persons, or corporations that Contractor may deem proper to aid or assist in the performance of the Services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Contractor. Article VI Suspension of Work The City shall have the right to immediately suspend work by Contractor if the City determines in its sole discretion that Contractor has, or will fail to perform, in accordance with City of Midtatfiian and IIound Tree Medical„ LLC Page 2 Agreement for I:MS Fire Dept, Medical Supplies this Agreement. In such event, any payments due Company shall be suspended until Contractor has taken satisfactory corrective action. Article YII Availability of Funds If monies are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, this Agreement shall be canceled and Contractor may only be reimbursed for the Services performed and goods delivered up to the effective date of the cancellation. Article VIII Insurance Contractor shall provide and maintain for the duration of this Agreement, and far the benefit of the City (naming the City and its officers, agents and employees as additional insureds), insurance coverage in full force and effect as set forth in Exhibit "A". Article IX Termination 9.1 Termination for Cause. City may terminate this Agreement, with or without cause, by giving Contractor thirty (30) days prior written notice. Upon receipt of a notice of termination, Contractor shall promptly cease placing orders and all further work pursuant to the Agreement, with such exceptions, if any, specified in the notice of termination. City shall pay Contractor, to the extent funds are appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 9.2 Termination for Default. City reserves the right to terminate this Agreement without prior notice in the event Contractor defaults or breaches any of the terms and conditions of the Agreement, or otherwise fails to perform in accordance with the bid specifications. In the event of termination, City reserves the right to complete the work or services in any manner it deems desirable, including engaging the services of other parties therefore and/or awarding the bid to the next lowest responsible respondent. Any such act by the City shall not be deemed a waiver of any other right or remedy of the City. If, after exercising any such remedy, the cost to City of the performance of the balance of the work or services is in excess of that part of the Agreement sum, which has not therefore been paid to Contractor hereunder, Contractor shall be liable for and shall reimburse the City for such excess. Article X Indemnification 10.1 CONTRACTOR AGREES TO INDEMNIFY, MOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, BOTH PAST AND City of Midlothian and Bound Tree Medical, LLC fa�: 3 Agreement for CMS rirc Dept Medical Supplies PRESENT, FROM AND AGAINST LIABILITY FOR ANY AND ALL CLAIMS, LIENS, SUITS, DEMANDS, AND ACTIONS FOR DAMAGES, INJURIES TO PERSONS (INCLUDING DEATH), PROPERTY DAMAGE (INCLUDING LOSS OF USE), AND EXPENSES, (INCLUDING COURT COSTS, ATTORNEYS' FEES AND OTHER REASONABLE COSTS OF LITIGATION) ARISING OUT OF OR RESULTING FROM CONTRACTOR'S WORK AND ACTIVITIES CONDUCTED IN CONNECTION WITH OR INCIDENTAL TO THIS CONTRACT AND FROM ANY LIABILITY ARISING OUT OF OR RESULTING FROM INTENTIONAL ACTS OR NEGLIGENCE OF THE CONTRACTOR, INCLUDING ALL SUCH CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL, OR STATUTORY LAW, OR BASED IN WHOLE OR IN PART UPON THE NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF CONTRACTOR, INCLUDING BUT NOT LIMITED TO ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES, AND OTHER PERSONS. 10.2 IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, BOTH THE CITY AND THE CONTRACTOR, THAT THE INDEMNITY PROVIDED FOR IN THIS AGREEMENT INDEMNIFIES AND PROTECTS THE CITY FROM THE CONSEQUENCES OF THE CONTRACTOR'S OWN NEGLIGENCE. 10.3 CONTRACTOR FURTHER AGREES THAT IT SHALL AT ALL TIMES EXERCISE REASONABLE PRECAUTIONS ON BEHALF OF, AND BE SOLELY RESPONSIBLE FOR, THE SAFETY OF ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES, AND OTHER PERSONS, AS WELL AS THEIR PROPERTY, WHILE IN THE VICINITY WHERE THE WORK IS BEING DONE. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT CITY SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE NEGLIGENCE OR OTHER FAULT OF THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES, OR OTHER PERSONS ASSOCIATED WITH THE CONTRACTOR. 10.4 CONTRACTOR AGREES TO INDEMNIFY AND SAVE THE CITY HARMLESS FROM ALL CLAIMS GROWING OUT OF ANY DEMANDS OF SUBCONTRACTORS, LABORERS, WORKERS, MECHANICS, MATERIALMEN, AND FURNISHERS OF SUPPLIES, EQUIPMENT, FINANCING OR ANY OTHER GOODS OR SERVICES, TANGIBLE OR INTANGIBLE. WHEN THE CITY SO DESIRES, THE CONTRACTOR SHALL FURNISH SATISFACTORY EVIDENCE THAT ALL OBLIGATIONS OF THE NATURE HEREINABOVE DESIGNATED HAVE BEEN PAID, DISCHARGED OR WAIVED. Ciry of Midlothian and Bound Tree Medical, LLC Page 9 Agreement for BMS rirc Dcpt. Medical Supplies Article XI Miscellaneous 11.1 Entire A Bement. This Agreement constitutes the sole and only agreement between the Parties and supersedes any prior understandings written or oral agreements between the Parties with respect to this subject matter. 11.2 Assisnment. Contractor may not assign this Agreement in whole or in part without the prior written consent of the City. In the event of an assignment by Contractor to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants, and obligations contained in this Agreement. 11.3 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. 11.4 Governing Law. The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this Agreement shall be in Ellis County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said Court. 11.5 Amendments. This Agreement may be amended by the mutual written agreement of the Parties. 11.6 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 11.E Independent Contractor. It is understood and agreed by and between the Parties that Contractor, in satisfying the conditions of this Agreement, is acting independently, and that the City assumes no responsibility or liabilities to any third party in connection with these actions. All services to be performed by Contractor pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of the City. Contractor shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. 11.8 Notice. Any notice required or permitted to be delivered hereunder may be sent by f rst class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other party or address as either party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: Ciry of Midlothian and Bound Trcc Mcdicol, LLC 1'agc 5 Agreement for EMS Firs Dept. Medical Suppiics If intended for City, to: City of Midlothian, Texas Attn: Chris Dick City Manager 104 West Avenue E Midlothian, Texas 76065 Phone: 972-775-3481 If intended for Supplier: With a copy to: Joseph J. Gorfidat Jr. Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Ross Tower 500 North Akard Dallas, Texas 75201 Phone. (214) 965-9900 Bound Tree Medical, LLC Attn: Brian LaDuke, President, Emergency Preparedness 5000 Tuttle Crossing Blvd Dublin, OH 43016 Phone: (800) 533-0523 11.9 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the Parties hereto. 11.10 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 11.11 Audits and Records. Contractor agrees that during the term hereof, the City and its representatives may, during normal business hours and as often as deemed necessary, inspect, audit, examine and reproduce any and all of Contractor's records relating to the services provided pursuant to this Agreement for a period of one year following the date of completion of services as determined by City or date of termination if sooner. 11.12 Conflicts of Interests. Contractor represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. 11.13 Compliance with Federal, State &Local Laws. Contractor shall comply in performance of services under the terms of this Agreement with all applicable laws, ordinances and regulations, Judicial decrees or administrative orders, ordinances, and codes of federal, state and local governments, including all applicable federal clauses. 11.14 Force Majeure. No Party will be liable for any default or delay in the performance of its obligations under this Agreement if and to the extent such default or delay is caused, directly or indirectly, by fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, acts of terrorism or any similar cause beyond the reasonable control of such party, provided that the non -performing party is without fault in causing such default or delay. City of Midlothian and Sound Tree Medical, LLC Pale b Agrcemcnt for EMS Frc Dcpt Medical Supplies The nonperforming Party agrees to use commercially reasonable efforts to recommence performance as soon as possible. 11.15 Prohibition of Boyeott Israel. Contractor verifies that it does not Boycott Israel, and agrees that during the term of this Agreement will not Boycott Israel as that term is defined in Texas Government Code Section 808,001, as amended. (sigi<:attire page to follow) City of Midlothian and Aound 7'rce Medical, LLC Pa�c 7 Agreement for EMS rirc Dept. Medical Supplies EXECUTED this day of DICeM btl' , 2020 Approved as to form: By: City of Midlothian, Texas By: Chris Dick, City L EXECUTED this 1 � day of reb/tr , 202�. Bound Tree Medical, LLC By: Name: Title: City of Midlothian and Hound Trcc Medical, [.LC Agreement for GMS sire Ucpt. Medical Supplies titii�rrrrii G\T Y p� �•,,� ?� �:412�0*6 2,`. 'c0 Q, Off'••. . '.�. 40�pr .... . •� ease a I'aXHIBI A City's Bid City of Midlodtinn and Bound Tree Medicnl, LLC P»gc 4 Agreement for EMS fire papa. Medicnl 5upplics d • i 11 O17WO Southern Saar CITY OF MIDLOTHIAN INVITATION TO BID BID# 2020-28 EMS Fire Dept. Medical Supplies The City of Midlothian is now accepting sealed bids for Medical Supplies for the City of Midlothian Fire Department. Forms furnished by the City of Midlothian may be obtained without deposit by downloading from: City of Midlothian Website at www.midlothian.U.us Purchasing Department All sealed bids shall be submitted including one marked original, one {1) duplicate on the original forms and one (1) electronic copy clearly marked with bid number and description. Bids sent via courier must be sealed in a separate envelope inside of the mailer. Bids cannot be received by email at this time, Bids will be received at the City of Midlothian, Purchasing Off;ce, 104 W Avenue E, Midlothian, TX 76065 until 11:00 a.m. Wednesday, November 18, 2020. No late bids will be considered. The bids will be publicly opened after the closing on the said date. The City of Midlothian reserves the right to reject any and all proposals, to waive irregularities, and to accept the bids) deemed to provide the best value for the City. The City reserves the right to award the contract to a single contractor or to split the contract between contractors if it is deemed this will be the best value for the City. All inquiries about this bid or specifications must be made to Cheryl Allison, Purchasing Agent at cheryl.allison cz midloihian.tx.us prior to Monday, November 16, 2020 at l 1:00 AM. PUBLISHED: 10-29-20 11-OS-20 TERMS AND COMA I I0N5 1. tl►e City of Midlothian will accept sealed bids Monday through Friday, 8:00 a.m. — 5:00 p.m. Bids must be received before the specified hour and date of the opening. Bids will be publicly opened and read aloud. 2. All scaled bids should be submitted on the original forms provided. Each bid must be scaled and should be placed in a properly identified envelope with bid number, time and date of bid opening. 3. Late bids will be UNOPENED. Late bids will not be considered under any circumstances. 4. Bids CANNOT be altered or amended after opening time. Any alterations made before opening time must be initialed by bidder or his authorized agent. No bid may be withdrawn oiler opening without approval, and based on a written acceptable reason. 5. The City of Midlothian reserves the right to revise or amend the specifications prior to date set for opening bids. Such revisions or amendments, if any, will be announced by amendments or addendum to these specifications. Copies of such amendments or addendum so issued will be furnished to all prospective bidders by City website. If bidder demonstrates just reason for a change, the City of Midlothian must have at least five working days' notice prior to bid opening date. 6. Should bidder find discrepancies in or omissions from the specifications or other documents or be in doubt as to their meaning, bidder should at once notify the Purchasing Department and obtain clarification prior to submitting a bid. 7. QUOTE, F.O.B. destination. Price should include all costs including shipping, handling, and other related costs. Bid unit price on quantity specified = extend and show total. In case oferrors in extension, UNIT prices shall govern. Bids subject to unlimited price increases will not be considered. 8. Bid offered shall be valid for ninety (90) days from opening date. 9. The City of Midlothian is exempt from taxes. DO NOT INCLUDE TAX iN BiD. 10. The City of Midlothian reserves the right to terminate this contract for any reason by notifying the Contractor/Supplier in writing thirty (30) days prior to the termination of this agreement. 11. Bidder MUST give full firm name and address. Person signing bid should show TITLE or AUTHORITY TO BIND HIS FIRM IN A CONTRACT. Authorized signature should appear on each page of the bid, in the space provided. 12. Any catalog, brand name or manufacturer's reference used in bid invitation is descriptive — NOT restrictive — it is to indicate type and quality desired. Bids on brands of like nature and quality will be considered. if bidding on other than reference specifications, bidder must show manufacturer, brand or trade name, lot number, etc., of article offered. If other than brand(s) specified is offered, illustrations and complete description should be made part of the bid. If bidder takes no exceptions to specifications or reference data, lie will be required to fumish brand names, numbers, etc., as specified. All items bid shall be new, in first class condition and manufacturer's latest model and design including containers suitable for shipment and storage, unless otherwise indicated in bid invitation. Verbal agreements to the contrary will not be recognized. 13. If the brochure or information included with your bid does not exactly describe the item to be furnished, then notes in the attached form, "EXCEPTIONS TO BIDDER'S PROPOSAL," must explain the difference. Comments in this form signify that your proposal takes exception to the stated specifications. Exceptions taken maybe just cause to disqualify bid. 14. NO substitutions or cancellations permitted without written approval of the City of Midlothian. 15. All bidders must meet or exceed the minimum specifications to be considered as a valid bid. The City of Midlothian reserves the right to accept or reject all or any part of any bid, waive minor technicalities and award the bid either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City of Midlothian. The City reserves the right to select one contractor or to split by North and South regions to two contractors. I& DELIVERY: Specifications indicate number of days required to place material in receiving department designated location under normal conditions. A difference in delivery promise may break a tic bid. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from bid list. Delivery shall be made during normal working hours only, 8:00 a.m. to 5:00 p.m. unless prior approval for late delivery has been obtained. 17. Consistent and continued tie bidding could cause rejection of bids by the City of Midlothian and/or investigation for Anti -Trust violations. 18. If a bid contains proprietary information, the Bidder must declare such information as proprietary if Bidder does not want information to become public. 19. The Contractor/Supplier agrees to protect the City of Midlothian from claims involving infringement of patents or copyrights. 20. Purchase order number should be on original invoice and invoice sent to the City of Midlothian, 104 W Avenue E, Midlothian, TX 76065; Attn: Accounts Payable, 21. The City of Midlothian shall pay for the product/service within thirty (30) days of receipt and acceptance. Acceptance by the City of Midlothian shall constitute all items bid being received and in good working order to the City of Midlothian's satisfaction. stated. BIDDER SHALL INCLUDE CERTIFICATE OF INSURANCE WITH THE INVITATION TO BID, OR PRIOR TO AWARD OF BID, BIDDER OR BIDDER'S INSURANCE AGENT SHALL INCLUDE BID NUMBER AND DESCRIPTION OF BID ON THE CERTIFICATE OF INSURANCE, THE COMPANIES AFFORDING COVERAGE AND THE PRODUCER OF THE CERTIFICATE OF INSURANCE SHALL BE LICENSED WITH THE STATE BOARD OF INSURANCE TO DO BUSINESS IN THE STATE OF TEXAS. (a) Workmen's ComEensation Insurance as required by laws and regulations applicable to and covering employees of Contract engaged in the performance of the work under this agreement, (b) Employers Liability Insurance protecting contractor against common law liability, in the absence of statutory liability, for employee bodily injury arising out of the master -servant relationship with a limit of not less than $500,000. (b) Comprehensive General Liabilitx,Insurance including products/completed operation with limits of liability of not less than: Bodily Injury $1.000.000 per each person, $1,000,000 per each occurrence/aggregate, Property Damage $1,000,000 per each occurrence, (c) Excess Liability Insurance, Comprehensive general Liability, Comprehensive Automobile Liability and coverages afforded by the policies above, with the minimum limits of $1,000,000 excess of specified limits. INDEMNITY AGREEMENT: THE CONTRACTOR HEREBY AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, DEMANDS, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS AND ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR LOSS OF USE OR REVENUE, OR FOR DAMAGE TO ANY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ACTUAL OR ALLEGED MALFUNCTION, DESIGN OR WORKMANSHIP IN THE MANUFACTURE OF EQUIPMENT, THE FULFILLMENT OF CONTRACT, OR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES UNDER THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHERE THE CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS OR LIABILITY ARISE IN PART FROM (1) THE JOINT NEGLIGENCE OF THE CITY AND THE CONTRACTOR, AND/OR THEIR RESPECTIVE OFFICERS, AGENTS AND/OR EMPLOYEES OR (II) THE SOLE NEGLIGENCE OF THE CONTRACTOR, ITS OFFICERS, AGENTS AND EMPLOYEES. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH CONTRACTOR AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCE OF (1) THE CITY'S OWN NEGLIGENCE WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE WITH THAT OF THE CONTRACTOR OF THE INJURY, DEATH OR DAMAGE AND/OR (II) THE CONTRACTOR'S OWN NEGLIGENCE WHERE THAT NEGLIGENCE IS THE SOLE CAUSE OF THE INJURY, DEATH, OR DAMAGE. FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE 1N INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. IN THE EVENT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY BY REASON OF ANY OF THE ABOVE, THE CONTRACTOR AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY COUNSEL ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED FOR HEREIN SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. (REVISED 945-04) COMPLIANCE WITH LAWS: Bidder shall comply with all Federal and State laws and City Ordinances and Codes applicable to the Bidder's operation under this contract. These Specifications and the contract resulting here from shall be fully governed by the laws of the State of Texas, and shall be fully performable in Ellis County, Texas, where venue for any proceeding arising hereunder will lie. SILENCE OF SPECIFICATIONS: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality shall be used. All EMS FIRE DEPARTMENT MEDICAL SUPPLIES BID 2020-28 SPECIFICATIONS INTENT It is the intention of these specifications that the successful vendor shalt furnish the City of Midlothian, Texas, with medical supplies covered by the Bid Specification which the City may require during the period of time specified. The products included in this bid represent many of the products ordered most frequently by the City and are listed for bid evaluation purposes only. Actual usage and quantities will vary and ordering will be based on actual requirements. The City of Midlothian has interlocal agreements with other cities for the purchase of supplies and it is believed that these cities will wish to join and have expressed such interest. MEDICAL SUPPLIES REQUIREMENTS/EXPECTATIONS The items included on the medical supplies requirement sheet represent many of the products ordered most frequently by the City and are listed for bid evaluation purposes. The City also desires to purchase from the successful bidder other medical supplies not listed on the requirement sheet. Bid award may be made in whole or part as deemed most advantageous to the City of Midlothian. The contract awarded to the successful bidder shall be for a period of (2} years. The City of Midlothian reserves the right to renew this contract for (3) additional one-year periods under the same terms, condition and should the City so desire and the current vendor agree. At the end of the two-year obligation, if the City and successful vendor wish to renew, the vendor shall submit a letter addressed to, City of Midlothian, Purchasing, 104 W. Ave E, Midlothian TX 76065, A). 75 days in advance of contract termination abona-fide manufacturer's documents directed to the City of Midlothian Purchasing Agent, of price listing (itemized) reflecting the anticipated changes (both increases and decreases) in prices, if any. Increase for the extension shall be limited to the actual cost increases to the current vendor and must be the guidelines outlined in the contract. Product acceptability will be at the sole discretion of the City of Midlothian. Any product delivered which does not meet the City's specifications, or otherwise found to be defective, will be returned at the vendor's expense for replacement or credit. All products shall be of condition and quality "TO MEET ACCEPTABLE STANDARDS OF CARE". Any reference to requirements in the specifications that are brand or process specific is purely for the establishment of intended quality expectations and is not to be considered a disqualifying standard. The successful bidder shall make delivery of ordered supplies within 48 hours of the time the order is placed. Delivery must be made during normal working hours, Monday through Friday, 8:00 a.m. to S p.m. F.O.B. Destination: City of Midlothian has specified delivery locations. All unit and extensions shall include freight and other delivery charges. No med shall be shipped with an expiration date that is less than one year from the month the med was shipped. There are no minimum purchase amounts for an order and no service charges/delivery will be applied. Failure to deliver as required will result in the purchase of said order from the next highest bidder. Delivery tickets must accompany each delivery. Invoices must be legibly prepared showing the full description and price of items(s) delivered. 10. Delivery or Contract Commetion Time: Must be shown, as the date may, where time is of the essence, determines the contract award. Failure to state delivery time may cause bid to be rejected. Successful bidder shall notify the Purchasing Department immediately if delivery schedule cannot be met. If delay is foreseen, successful bidder shall give written notice to the Purchasing Agent and EMS Chief. The City of Midlothian has the right to extend delivery time if reason appears valid. In the event delivery is not made within the stated time period (without acceptable reason for delay and written consent from the City, the City reserves the right to place the order with the next available vendor and the successful bidder shall be liable for any increase in price as liquidated damages, if being agreed that said sum is a fair and reasonable estimate of actual damages the City will incur. Bidder will not be held liable for failure to make delivery because of strikes, conscriptions of property, governmental regulations, acts of God, or any other causes beyond its control; provided and extension of time is obtained from the Purchasing Department or EMS Chief. ll. Bid Closing &Bid Preparation: Sealed bids received after the bid opening date and time will not be considered. It will be the SOLE RESPONSIBILITY of bidders to ensure bids are in the possession of the City of Midlothian Purchasing Department by the appointed date and time. The Cl will not be responsible for bids which are mismarked, delivered to the wrong place, or delayed in delivery. Electronic and Facsimile transmitted bids will not be accepted in the bid process. Each bid must be submitted in a sealed envelope bearing on the outside the name of the Bidder, his address, the name of the bid title, and bid number if any. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form and as above. IZ. Item Bid: Each bidder shall describe (per specification requirements) each item bid as to Manufacture, Brand Name, Model, etc. Items shall be NEW unless stated otherwise in the City's specification. Any reference to model and/or make/manufacture used in bid specification is descriptive, not restrictive. It is used to indicate the type and quality desired. Bids on like quality will be considered. 13. Samples: Samples of items, when required, must be furnished free, and, if not called for within 3U days from date of bid opening, will be disposed of by the City. 14. Alternates: Must clearly state "ALTERNATE: and shown on the bid form with complete information attached. Alternate bids may or may not be considered in the hid process in the sole discretion of the City of Midlothian. 15. Exception/Substitutions: All bids meeting the intent of this invitation to bid will be considered for award. Bidders taking exception to the specifications, or offering considered for award. Bidders taking exception to the specification, or offering substitutions, shall state exceptions in the section provided or by attachment as part of the bid. The absence of such a list shall indicate that the bidder has not taken exceptions and City shall hold the bidder responsible to perform in strict accordance with the specification of the invitation. 16. Pharmaceutical Requirements: a) Vendor must be licensed with the Drug Enforcement Administration to se[I and distribute Schedule I1, Schedule III, and Schedule IV controlled substances. b) Vendor must be able to provide the Drug Enforcement Administration's electronic Controlled Substances ordering System (CSOS). c) Vendor must be in, and remain in compliance with the Drug Supply Chain Security Act and the Prescription Drug Marketing Act. Vendor must provide transaction reports with each shipment of pharmaceuticals. 17. Ambiguity n Bids: Any ambiguity in any bid as the result of omission, error, lack of clarity, or non-compliance by the bidder with specification. instruction, and all condition of bidding shall be construed in the li t most favorable_ to. the _Gifu. employees, unless such clarification or change is provided to bidders in written addendum form from the City Purchasing Agent. 26. lollusiMUM Any evidence of agreement or collusion among bidders and prospective bidders acting to restrain freedom of competition by agreement to bid a fixed price, or otherwise, will render the bids of such bidders' void. 27. All images of this document packet, taken to eg ther comprise the Bid. Omission of or failure to complete or return any portion of the required document, at the time of bid opening, may be cause to reject he entire bid. 28. The City of Midlothian, as a Q.overnmental agencx of the State of Texas, may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the bidder to obtain a comparable contract in the state in which the nonresident principal place of business is located. (Government Code, section 2242.002) Bidder shall make answer to the following questions by encircling the appropriate response or completing the blank provided. 1.) 2.) Is your principle place of business in the State of Texas? YES„�� NO If the answer to question (1) is "yes", no further information is necessary; if "no" please indicate: a.) In which state is your principle place of business located? b.) Does that state favor resident bidders (bidders in your state} by some dollar increment or percentage? YES NO c.) If yes, what is that dollar increment or percentage? The State Purchasing and General Services Commission defines Principal Place of Business as follows: Principle Place of Business means, for any type of business entity recognized in the State of Texas, that the business entity; Nas at least one permanent office located within the State of Texas, from which business activities other than submitting bids to governmental agencies are conducted and from which the bid is submitted, and has at least one employee who works in the Texas office. 29. Award: Unless stipulated in these bid specifications, the contract will be awarded to the lowest responsible bidder or to the bidder who provides the goods or services specified herein at the best value for the City. 30. Preference: Will be given to the vendor who is able to provide the most supplies/materials, at the most economical price. 31. Split Award: The City of Midlothian reserves the right to award a separate contract to separate vendors for each item/group or to award one contract for the entire bid. The vendor who is able to provide a large majority of items will be looked upon favorably. 32. No_Prohibited Interest: Bidder acknowledges and represent that they are aware of the laws, City Charter, and City Code of Conduct regarding conflicts of interest. The City Charter states that "No officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, to the extent prohibited by state law, or shall be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies, or service, where such financial interest is prohibited by state law. 4. Is vendor able to provide high -quality, lower -cost, private label product alternatives? Yes No 5. During an emergency (natural or man-made) situations, is the vendor able to provide a comprehensive disaster response program, and are you able to supply requested merchandise within a thirty-six (36) hour time frame, twenty-four (24) hours a day, seven (7) days a week? Yes No Provide a copy of this program if available. REFERENCES Each O,(j"erar is to provide a mininnmr of three (3) verifrable references in which the of%ror has sold, maintained or provided this or similar product or service. Company Name: Address: Contact Person: Telephone: Email: { Product Purchased by Reference: Company Name: Address: Contact Person: Telephone: Email: Praduct Purchased by Reference: Company Name: Address: Contact Person: FOR 1VIINORITY ANDlOR WOMAN OWNED BUSINESS ENTERPRISES (To be completed only if applicable) Minority and/or Woman Owned Business Enterprises are encouraged to participate in the Midlothian procurement process. The Purchasing Division will provide additional clarification of specifications, assistance with Bids Forms, and further explanation of procedures to those who request it. The City of Midlothian recognizes the certifications of both the State of Texas Building and Procurement Commission Historical Underutilized Business (HUB) Program and the North Central Texas Regional Certification Agency. All companies seeking information concerning certification are urged to contact: State of Texas f-1UB Program Texas Building and Procurement Commission P.O. Box 13047 Austin TX 78711-3047 (512)463=5872 http://www.tbpc.state.tx.us/hubbid North Central Texas Regional Certification Agency 616 Six Flags Drive, #416-LB 24 Arlington TX 76011 (817)640=0606 http:HwNvw.nctrca.org In order to be identified as a Qualified Minority and/or Woman Owned Business Enterprise in the City of Midlothian vendor database, this form, along with a copy of your certification, must be returned to the City of Midlothian Purchasing Department. You should return these documents with this response, or if you have already submitted this form and a copy of your certification to the Purchasing Division, it is not necessary to re - send certification. If you meet the criteria and are not currently certified, you may contact one of the above agencies for instructions to be certified. Upon receipt of certification, you may then return this form and a copy of your certification to: City of Midlothian, Purchasing Division, 104 West Avenue E., Midlothian, Texas 76065. COMPANY NAME: REPRESENTATIVE: ADDRESS: CITY, S'I'A'1'E1ZIP: EMAIL: TELEPHONENO.: FAX NO.: l+ailure to submit a bid or no -bid notification may result in removal from future bidderslists. If you wish to remain on the City's bid list for this item, please indicate. I wish to remain. I do not wish to remain. i+ notnian DFW s Southern Star Purchasing Division ClterylAllisarr Prrr chasing Agent ADDENDUM #19 November 13, 2020 BID NO.2020-28 EMS FIRE DEPT. MEDICAL SUPPLIES 1. ATTACftMENT A. Usage Spreadsheet E3. Revised List of Items for RFP Spreadsheet 2. CLARIFICATION A. Will you consider price adjustments after the Ist 12 months with documentation, during this time many of the manufacturers we are working with will not guarantee two-year pricing, and in fact are now changing pricing within less than a year. It has just become almost impossible to predict, so checking if this could be a consideration during these uncertain times. These terms should be outlined on page 2 item #19 of the bid. B. Also, during this time everyone is working remotely. Your bid requires signatures of our VP, will you allow an electronic signature? Yes C. Do you anticipate extending the bid due date? Not at this time. D. Was this bid posted to the nationwide free bid notification website at www.mygovwatch.com/free? No E. Other than your own website, where was this bid posted? The Midlothian News Mirror F. Could the City provide estimated annual usage/quantities for the items being requested in the bid? Attached is our usage report. This information is based on usage for Midlothian only and does not include usage by additional Cities which might utilize the cooperative agreement. G. If there are bid terms and conditions Vendor may not be able to agree to, will the City allow Vendor to include clarifications or exceptions as part of its bid submission.) Clarifications and/or exceptions can be included as part of bid submission. The City will take these exceptions into consideration when determining the Best Value for the City. H. If there are insurance requirements that Vendor may not be able to agree to, will the City consider exceptions to insurance terns and conditions? Insurance exceptions can be included as part of bid submission. The City will take these exceptions into consideration when determining the Best Value for the City. 1. Could you clarify the meaning of the last sentence in Section 7 on Page 8 (Conditions of Bidding, Escalation/De-Escalation)? "Any contract awarded with an escalation clause shall be subject to de-escalation in the event of cost reduction." Vendor requests for price adjustments S. Line number 194: Personal Wipes, Firewipes, for Soot Removal, 8 in x 12 in Textured, Disposable 12/bx. Can you supply the manufacturer name and part number? No part number available: Contact # for Fire Wipes at: (844) 947-3483 T. Line number 27I : Multi -Function Defib Pads, Physio-Control Adult/Child or equivalent. Can you supply the manufacturer part number? It does not say it has to be physio-control brand pads 326 5000units. A different part number can be provided. U. Line number 272: Multi -Function Defib Pads, Physio-Control Pediatric/Infant or equivalent. Can you supply the manufacturer part number? It does not say it has to be physio-control brand pads 326 5000units. A different part number can be provided. V. Line number 326: Heparin pre-rmxcd 250 or 500ce bag. Need the strength (how many units of heparin)? 5000 units W. Line number 403: Certa Dose PALS Syringe Holder Kit 1/KT 4KT/BX. Can you supply the manufacturer part number? For Certi-Dose line 403 see below. Due to the nature of this product, orders must be made through: Concordance Healthcare Solutions Purchasing www.concordancehealtheare.com Item: 278950 Call 800473-2332 to set up an account if you are not a current Concordance customer. Cardinal Health Purchasing www.orderexpress.eardinalhealth.com Item: 5513643 Call 800-92&3161 to set up an account if you are not a current Cardinal customer. Bound Tree Purchasing www.boundtree.com Item: 0001-05 Email contactcustomerservice@,boundtree.com to set up an account if you are not a current Boundtree customer. McKesson Pharmaceutical www.connect.mckesson.com NDC # 717540001-05 Call 855-5714100 to set up an account if you are not a current McKesson Pharmaceutical customer. X. Line number 432: Stop The Bleed Sticker Kit (10 Stickers/Kit). This item is an exclusive item. Please remove this item from the bid. Will not remove from the bid. An alternative can be presented. The Stop the Bleed goes with our city kits. ACKNOWLEDGING RECEIPT OF THIS ADDENDUM SHOULD BE SIGNED AND RETURNED WITH YOUR BID NAME AND ADDRESS OF COMPANY: AUTHORIZED REPRESENTATIVE Signature Name Title TeL No. Purchasing Division Chetyl Allison Purchasing Agent ADDENDUM #2, November 13, 2020 BID NO.2020-28 EMS FIRE DEPT. MEDICAL SUPPLIES 1. ANNOUNCEMENT OF CHANGE TQ BID OPENING DATE A. The bid opening has been extended to Friday, November 20, 2020 at I I :00 AM. No other exceptions to the bid opening have been made. 2. REMINDER AS STATED IN RFP A. All sealed bids shall be submitted including one marked original, one (1) duplicate an the original forms and one (l) electronic copy clearly marked with bid number and description. Bids sent via courier must be sealed in a separate envelope inside of the mailer. Bids cannot be received by email at this time. B. All inquiries about this bid or specifications must be made to Cheryl Allison, Purchasing Agent at cheryl.allison@midlothian.tx.us prior to Monday, November 16, 2020 at I 1:00 AM. ACKNOWLEDGING RECEIPT OF THIS ADDENDUM SHOULD BE SIGNED AND RETURNED WITH YOUR BID NAME AND ADDRESS OF COMPANY: AUTHORIZED REPRESENTATIVE Signature Name Title Tel. No. EXHIBIT "B" Contractor's Response to City's Bid Ciry of Midlothian and Bound Trce Medical, LLC 1'ai;c 1p Agreement for LMS Fire Dept. Medical Supplies eee Bound Tree LiID NO. ?o2a?8 DUE - NOVEMaER 20, 202011:OOAM it i it : it r Purchasing Division Chery! Allison Purchasing Agent ADDENDUM #2, November 13, 2020 BID NO* 202048 EMS FERE DEPT. MEDICAL SUPPLIES 1. ANNOUNCEMENT OF CHANGE TO BID OPENING DATE A. The bid opening has been extended to Friday, November 20, 2020 at 11:00 AM. No other exceptions to the bid opening have been made. 2. REMINDER AS STATED IN RFP A. Ail sealcd bids shall be submitted including one marked original, one {1) duplicate on the original forms and one (1) electronic copy clearly marked with bid number and description. Bids sent via courier must be sealed in a separate envelope inside of the mailer. Bids cannot be received by email at this time. B. All inquiries about this bid or specifications must be made to Cheryl Allison, Purchasing Agent at cheryl.aliison t@midlothian.tx.us prior to Monday, November 16, 2020 at 11:00 AM. ACKNOWLEDGING RECEIPT OF THIS ADDENDUM SHOULD BE SIGNED AND RETURNED WITH YOUR BID NAME AND ADDRESS OF COMPANY: AUTHORIZED REPRESENTATIVE Signature t i-rr we Brian anutc� Title President,Emergencl+rMuedness Tel. No. 800.S33.0523 wIII be evaluated based on cost increases and cost reductions in supplies that the vendor may have experienced. J. Can the City please provide vendors with the most recent bid tabulation for awarded pricing and Unit of Measure for the items in the current bid? The City of Midlothian has utilized another City's contract in the past and does not have a bid tabulation to provide. K. Bidder MUST give full firm name and address. Person signing bid should show TITLE or AUTHORITY TO BIND HIS HELM IN A CONTRACT. Authorized signature should appear on each page of the bid, in the space provided. I only find one place for signature on P2,' and didn't fund any other provided space for signatures. For this RFP, P2 is the only required signature pages L. Stated in RFP- "REQUIREMENTS: Any variance in any item(s) must be specified clearly under the Exceptions to Bidder's Proposal by Bidder in order to have a valid bid. Any exceptions taken may be just cause for disqualification. All unit pricing shall be specified on the attached pricing sheets. Bidder shall indicate Grand Total pricing on Invitation to Bid for attached line items, if applicable." Again, this talks about Exceptions to Bidder's Proposal which is not available. Also, I didn't find Total or Unit pricing column on the excel sheet. Where are we supposed to input pricing? The List of items Spreadsheet has been amended and is attached. The only changes to the Spreadsheet where to include the word Price above the "Each", "per Box", & "per Case" columns to indicate where the pricing should be listed. There was a column Included on this Spreadsheet for Vendors Comments to be utilized for exceptions. An additional area has been added to the bottom for Exceptions should it be necessary. M. Stated in RFP- "Signature: This bid must be signed by a company representative authorized to bind the offer contractually." Does it have to be signed in wet, or electronic/scanned signature also works? Electronic/Scanned Signature is fine. N. Need manufacturer item numbers for the items below marked as No Substitutions Nebulizer, AeroEclipse II BAN, W/O ELBOW, breath actuated, SM volume, wlmouthpiece, tubing Nebulizer, AeroEclipse II BAN, with ELBOW, breath actuated, SM volume, w/mouthpiece, tubing The only information we have been given is 64594050 AeroEclipse Face Mask 5845750 ea. O. Need to know if the Ohmeda and DISS fittings are male or female, manufacturer part#. Also, this item is repeated, line 69 and 423. Quick Connect Coupler, Oxygen, Ohmeda x DISS Hex Nut Quick Connect Coupler, Oxygen, Ohmeda x DISS Hex Nut This is male and not subject to a particular brand. P. Line number 121 Cumplex Stop the Bleed, Basic Kit Vacuum Sealed. This item is an exclusive item with no substitutions allowed. Please remove this item from the bid. An alternative can be presented, but the requested Stop the Bleed kit is what is currently used in the city. This would maintain conformity. Q. Line number 123: Cumplex TOCS: Tactical Occlusive Chest Seal, 6 in x 6 in; 2/PK This item is an exclusive item with no substitutions allowed. Please remove this item from the bid. No Substitutions was a typo. It says to the side or equivalent on the main line. L Line number 141: Israeli Emergency Bandage, Green gin. This item has been discontinued by the manufacturer and no substitutions allowed. Please remove this item from the bid. This can be substituted with the 61n. CITY OF IVIIDLOTHIAN INVITATION TO BED BitD# 2020=28 EMS Fire Dept. Medical Supplies The City of Midlothian is naw accepting sealed bids for Medical Supplies for the City of Midlothian Fire Department. Forms furnished by the City of Midlothian may be obtained without deposit by downloading from: City of Midlothian Website at www.midlothian.tx.us Purchasing Department All sealed bids shall be submitted including one marked original, one (1) duplicate on the original forms and one (1) electronic copy clearly marked with bid number and description. Bids sent via courier must be sealed in I separate envelope inside of the mailer. Bids cannot be received by email at this time. Bids will be received at the City of Midlothian, Purchasing Office, lOd W Avenue E, Midlothian, TX 76065 until 11:00 a.m. Wednesday, November 18, 2020. No late bids wiq be considered. The bids will be publicly opened after the closing on the said date. The City of Midlothian reserves the right to reject any and all proposals, to waive irregularities, and to accept the bids) deemed to provide the best value for the City. The City reserves the right to award the contract io a single contractor or to split the contract between contractors if it is deemed this will be the best value for the City. Ali inquiries about this bid or specifications must be made to Cheryl Allison, Purchasing Agent ai chervl.al I ison,midlothian.tx.us prior to Thursday, November i 2, 2020 at 11:00 AM. PUBLISHED: 10-29-20 lI-OS-20 TERMS AND CONDITIONS 1. The City of Midlothian will accept lifaled Digs Monday through Many, 8W0 a.m. 5:00 p.m. Bids must be received before the specified hour and date of the opening. Bids will be publicly opened and read aloud. 2. All scaled bids should be submitted on the original fbrms provided with one (1) duplicate and one (1) electronic copy. No email copies will be accepted. Each bid must be sealed and should be placed In a properly identified envelope with bid number, time and date of bid opening. 3. Late bids will be UNOPENED. Late bids will not be considered under any circumstances. 4. Bids CANNOT be altered or amended after opening time. Any alterations made before opening time must be initialed by bidder or his authorized agent. No bid may be withdrawn after opening without approval, and based on a written acceptable reason. 5. The City of Midlothian reserves the right to revise or amend the specifications prior to date set for opening bids. Such revisions or amendments, if any, will be announced by amendments or addendum to these specifications. Copies of such amendments or addendum so issued will be furnished to all prospective bidders by City wcbsite. If bidder demonstrates just reason for a change, the City ofMfdlothian must have at least five working days' notice prior to bid opening date. 6. Should bidder find discrepancies in or omissions from the specifications or other documents or be in doubt as to their meaning, bidder should at once notify the Purchasing Department and obtain clarification prior to submitting a bid. 7. QUOTE F.D.B. destination. Price should include all costs including shipping, handling, and other related costs. Bid unit price an quantity specified — extend and show total. in case of errors in extension, UNiT prices shall govern. Bids subject to unlimited price increases will not be considered. S. Bid offered shall be valid for ninety (90) days from opening date. ' 9. The City of Midlothian is exempt from taxes. DO NOT INCLUDE TAX iN BID, 10. The City of Midlothian reserves the right to terminate this contract for any reason by notifying the Contractor/Supplier in writing thirty (30) days prior to the termination of this agreement. 11. Bidder MUST give full (inn name and address. Person signing bid should show TITLE or AUTHORITY TO BiND HiS FiRM IN A CONTRACT. Authorized signalum should appear on each page of the bid, in the space provided. 12. Any catalog, brand name or manufacturer's reference used in bid invitation is descriptive NOT restrictive — it is to indicate type and quality desired. Bids an brands of like nature and quality will be considered. if bidding on other than reference speciimations, bidder must show manufacturer, brand or trade nama, lot number, etc, or article offered, If other than hmml(s) specified is altered, -illustrations and complete description should be made part of the bid. if bidder takes no exceptions to specifications or reference data, he atilt be required to furnish brand names,numbers, etc., as specified. All items bid shall be new, in first class condition and manufacturer's latest model and design including containers suitable for shipment and storage, unless otherwise Indicated in bid invitation. Verbal agreements 10 the contrary will not be recognized. 13. 1f the brochure or information included with your bid does not exactly describe the item to be furnished, then notes in the attached farm, "EXCEPTIONS TO BIDDER'S PROPOSAL," must explain the difference. Comments In this fort signify that your proposal takes exception to the stated specifications. Exceptions taken may be just cause to disqualify bid. 14. NO substitutions or cancellations permitted without written approval of the City orMidlothinn; 15. All bidders must meet or exceed the minimum specifications to be considered as a valid bid. The City of Midlothian reserves the right to accept or rcJect all or any part or any bid, waive minor technicalities and award the bid either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City of Midlothian. The City reserves the right to select one contractor or to split by North and South regions to two contractors. 16, DELIVERY: Specifications indicate number of days required to place material in receiving department designated location under normal conditions. A difference in delivery promise may break a tie bid. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from bid list. Delivery shall be made during normal working hours only, 8:00 a.m. to 5:00 p.m. unless prior approval for (ate delivery has been obtained. 17. Consistent and continued tie bidding could cause rejection of bids by the city of Midlothian and/or investigation forAntl4rust violations. 18. If a bid contains proprietary information, the Diddermust declare such information as proprietary ifBidder does not want information to become public, 19. The Contractor/Supplier agrees to protect the city of Midlothian from claims involving inrringemant orpotents orcopyrights. 20. Purchase order number should be on original invoice and Invoice sent to the City of Midlothian, 104 W Avenue E. Midlothian, TX 76065; Ann, Accounts Payable. 21. The city orMidlothian shall pay for the product/service within thirty (30) days orrcccipt and acceptance. Acceptance by the city ormidiothion shall constitute ail items bid being received and in good working order to the City of Midlothian's satisfaction. stated. BIDDER SHALL 114CLUDE CERTIFICATE OF INSURANCE WITH THE INVITATION TO BID, OR PRIOR TO AWARD OF BID. BIDDER OR BIDDER'S INSURANCE AGENT SHALL INCLUDE BID NUMBER AND DESCRIPTION OF BID ON THE CERTIFICATE OF INSURANCE. THE COMPANIES AFFORDING COVERAGE AND THE PRODUCER OF THE CERTIFICATE OF INSURANCE SHALL BE LICENSED WITH THE STATE BOARD OF INSURANCE TO DO BUSINESS IN THE STATE OF TEXAS. {a) Workmen's j�ompensatian Insurance as required by taws and regulations applicable to and covering employees of Contract engaged in the performance of the work under this agreement, {b) Employers Liability Insurancg protecting contractor against common law liability, in the absence of statutory liability, for employee bodily injury arising out of the master -servant relationship with a limit of not less than SSOMOOO. (b) Comprehensive General ,j�abifity Insurance including products/completed operation with limits of liability of not less than: Bodily injury 51.000,4,E per each person, $1.000,000 per each occurrence/aggregate, Property Damage $1 , OQ 0.000 per each occurrence, (c) Excess Liability insy(rance• Comprehensive general Liaiility, Comprehensive Automobile Liability and coverages afforded by the policies above, with the minimum limits of $1.000,000 excess of specified limits. INDEMNITY AGREEMENT: THE CONTRACTOR HEREBY AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, DEMANDS, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS AND ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR LOSS OF USE OR REVENUE, OR FOR DAMAGE TO ANY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ACTUAL OR ALLEGED MALFUNCTION, DESIGN OR WORKMANSHIP IN THE MANUFACTURE OF EQUIPMENT, THE FULFILLMENT OF CONTRACT, OR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES UNDER THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHERE THE CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS OR LIABILITY ARISE IN PART FROM (1) THE JOINT NEGLIGENCE OF THE CITY AND THE CONTRACTOR, `AND/OR THEIR RESPECTIVE OFFICERS, AGENTS AND/OR EMPLOYEES OR (11) THE SOLE NEGLIGENCE OF THE CONTRACTOR, ITS OFFICERS, AGENTS AND EMPLOYEES, IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH CONTRACTOR AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCE OF (1) THE CITY'S OWN NEGLIGENCE WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE WITH THAT OF THE CONTRACTOR OF THE INJURY, DEATH OR DAMAGE AND/OR (11) THE CONTRACTOR'S OWN NEGLIGENCE WHERE THAT NEGLIGENCE IS THE SOLE CAUSE OF THE INJURY, DEATH, OR DAMAGE. FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE IN INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. IN THE EVENT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY BY REASON OF ANY OF THE ABOVE, THE CONTRACTOR AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY COUNSEL ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED FOR HEREIN SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. (REVISED 9450 00MPLIANCE WITH LAWS: Bidder shall comply with all Federal and State laws and City Ordinances and Codes applicabte to the Bidder's operation under this contract. These Specifications and the contract resulting here from shall be fully governed by the laws or the State of Texas, and shall be fully performable In Ellis County, Texas, where venue for any proceeding arising hereunder will lie. SILENCE OF SPECIFICATIONS: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any paint, shall be regarded as meaning that only cite best commercial practice is to prevail and that only material and workmanship of the finest quality shall be used. All interpretations of EMS FIRE DEPARTMENT_ MEDICAL SUPPLIES BID 2020 28 SPECIFICATIONS INTENT tt is the intention of these specifications that the successful vendor shall furnish the City of Ivlldlathierr, Texas, with medical supplies covered by the Bid Specification which the City may require during the period of time specified. The products included in this bid represent many of the products ordered most frequently by the City and are listed for bid evaluation purposes only. Actual usage and quantities will vary and ordering will be based on actual requirements. The City of Midlothian has interlocal agreements with other cities for the purchase of supplies and it is believed that these cities will wish to join and have expressed such interest. MEDICAL SUPPLIES REOUIREMENTSIEXPECTATIONS The items included on the medical supplies' requirement sheet represent many of the products ordered mast frequently by the City and are listed for bid evaluation purposes. The City also desires to purchase from the successful bidder other medical supplies not listed on the requirement sheet. Bid award may be made in whole or part as deemed most advantageous to the City of Midlothian. The contract awarded to the successful bidder shalt be for a period of (2) years, The City of Midlothian reserves the right to renew this contract for (3) additional one-year periods under the same terns, condition and should the City so desire and the current vendor agree. At the end of the two-year obligation, if the City and successful vendor wish to renew, the vendor shad submit a letter addressed to, City of Midlothian, Purchasing,104 W. Ave E, Midlothian TX 76065, A). 75 days in advance of contract termination abona-fide manufacturer's documents directed to the City of Midlothian Purchasing Agent, of price listing (itemized) reflecting the anticipated changes (both increases and decreases) in prices, if any. Increase for the extension shall be limited to the actual cost increases to the current vendor and must be the guidelines outlined in the contract. Product acceptability will be at the sole discretion ofthe City of Midlothian. Any product delivered which does not meet the City's specifications, or otherwise found to be defective, will be returned at the vendor's expense for replacement or credit. All products shall be of condition and quality "TO MEET ACCEPTABLE STANDARDS OF CARE". Any reference to requirements in the specifications that are brand or process specific is purely for the establishment of intended quality expectations and is not to be considered a disqualifying standard. The successful bidder shalt make delivery of ordered supplies within 48 hours of the time the order is pieced. Delivery must be made during normal working hours, Monday through Friday, 8:00 a.m, to 5 p.m. F.O.B. Destination: City of Midlothian has specified delivery locations. All unit and extensions shall include freight and other delivery charges. No med shall be shipped with an expiration date that is less than one year from the month the med was shipped. There are no minimum purchase amounts for an order and no service charges/delivery will be applied. Failure to deliver as required will result in the purchase of said order from the next highest bidder. Delivery tickets must accompany each delivery. Invoices must be legibly prepared showing the full description and price of items(s) delivered. period (without acceptable reason for delay and written consent from the City, the City reserves the right to place the order with the next available vendor and the successful bidder shall be liable for any increase in price as liquidated damages, if being agreed that said sum is a fair and reasonable estimate of actual damages the City will incur. Bidder will not be held liable for failure to make delivery because of strikes, conscriptions of property, governmental regulations, acts of God, or any other causes beyond its control, provided and extension of time is obtained from the Purchasing Department or EMS Chief. 11. Bid Closing &Bid Preparation: Sealed bids received otter the bid opening date and time will not be considered. It will be the SOLE RESPONSIBILITY of bidders to ensure bids are in the possession of the City of Midlothian Purchasing Department by the appointed date and time. The City will not be responsible for bids which are mismarked, delivered to the wrong place, or delayed in delivery. Electronic and Facsimile transmitted bids will not be accepted in the bid process. Each bid must be submitted in a sealed envelope bearing on the outside the name of the Bidder, his address, the name of the bid title, and bid number if any. if forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form and as above. 12, m Bid: Each bidder shall describe {per specification requirements} each item bid as to Manufacture, Brand Name, Model, etc, items shall be NEW unless stated otherwise in the City's specification. Any reference to model and/or make/manufacture used in bid specification is descriptive, not restrictive. It is used to indicate the type and quality desired. Bids on like quality will be considered. 13. �,amoles: Samples of items, wiser required, must be furnished free, and, if not coiled far within 30 days from date of bid opening, will be disposed of by the City. !4. ern es: Must clearly state "ALTERNATE: and shown on the bid form with complete information attached Alternate bids mayor may not be considered in the bid process in the sole discretion of the City of Midlothian. I5. Rxceotion/Substitutions: Ali bids meeting the intent of this invitation to bid will be considered for sward. Bidders taking exception to the specifications, or offering considered for award. Bidders taking exception to the specification, or offering substitutions, shall state exceptions in the section provided or by attachment as part of the bid. The absence of such a list shall indicate that the bidder has not taken exceptions and City shall hold the bidder responsible to perform in strict accordance with the specification of the invitation. 16. Pharmaceutical Reguiremenis: a) Vendor must be licensed with the Drug Enforcement Administration to sell and distribute Schedule [1, Schedule III, and Schedule IV controlled substances. b) Vendor must be able to provide the Drug Enforcement Administration's electronic Controlled Substances ordering System (CSOS). c) Vendor must be in, and remain in compliance with the Drug Supply Chain Security Act and the Prescription Drug Marketing Act. Vendor must provide transaction reports with each shipment of pharmaceuticals. 17. Ambiguity in Bids: Any ambiguity in any bid as the result of omission, error, lack of clarity, ornon-compliance by the bidder with �oeclfication instruction and all condition of bidding shall be construed in tjse lieht most favorable to the City, 18. CJ,igt}gg of Additions: No Changes or additions will be allowed after bid opening. Changes or addition submitted prior to bid opening must be in accordance with paragraph 11 above. 19. Fursdicse: Funds for payment have been provided through the requesting entity. The State of Texas statues prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. 26. The City of VLlidlothian. es a govgrnmenial agency of the State of Texas, may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the bidder to obtain a comparable contract in the state in which the nonresident principal place of business is located. (Government Code, section 2242.002) Bidder shall make answer to the following questions by encircling the appropriate response or completing the blank provided. l.) Is your principle place ofbusiness in the State of Texas? YES NO z 2.) If the answer to question (Ij is "yes", no further information is necessary; if"no" please indicate; a.) In which stale is your principle place of business located? Ohio b.) Does that state favor resident bidders (bidders in your state} by some dollar increment or percentage? YES NO X c.) Ifyes, what is that dollar increment or percentage? The State Purchasing and General Services Commission defines Principal Place of Business as follows: Principle Place of Business means, for any type of business entity recognized in the State of Texas, that the business entity; Us at least one permanent office located within the State of Texas, from which business activities other than submitting bids to governmental agencies are conducted and from which the bid is submitted, and has at least one employee who works in the Texas office. 29. ard: Unless stipulated in these bid specifications, the contract will be awarded to the lowest responsible bidder or to the bidder who provtdos the goods or services specified herein at the bast value for the City. 34. Prpfprpn1<pb Will be given to the vendor who is able to provide the most supplies/materials, at the mast economics! price. 31. S 1't w :The City of Midlothian reserves the right to award a separate contract to separate vendors for each ttem/group or to award one contract for the entire bid. Tht vendor who is able io provide a large majority of items will be looked upon favorably. 32. No Prohibited Interest: Bidder acknowledges and represent iliac they are aware of the laws, City Charter, and City Code of Conduct regarding conflicts of interest. The City Charter states that'Tio officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, to the extent prohibited by state law, or shall be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies, or service, where such financial interest is prohibited by state law. 33. Cooperative Purchasing; The City of Midlothian actively participates in cooperative purchasing opportunities, tf it is determined to be in the best interest, the City reserves the right to reject any and a!I bids and purchase the services and/or goods through cooperative means. 34. Inter -Local. Afireement: Successful bidder ogees to extend prices to all entities that have entered into or will enter into joint purchasing interiocal cooperation agreements with cooperslive purchasing agreements with the City of Midlothian. The City of Midlothian is a participating member of several interlocal cooperative purchasing agreements. As such, the City of Midlothian has executed interlocal agreements, as permitted under Chapter 791 of the Texas Government Code, with certain other political subdivision, authorizing participation in a cooperative purchasing program. The successful vendor may be asked to provide products/services based on REFERENCES Each wUeror is to provide a mintmrtm ojthree {,tJ veriftabte rejerences in which the q(%ror has to, maintained or provided this orsimilar product or service. Company Name: Medstar Ambulance Address: 290Q Alta Mere Drive, Fort Worth, Texas 76116 Contact Person: Shaun Curtis, Lo�isties Mangier Telephone: ( 817 ) 923-3700 Email; scurtis(a�medstar9l l.org Product Purchased by Reference: Supplies and gharmaceuticals Company Namc: _ _- City of Columbus Fire Department Address: 2Q28 Williams RoadLColumbus, Ohio 432Q7 Contact Person: Rick Meadows Telephone: ( 614 } 221-3132 Product Purchased by Reference: Supplies and pharmaceuticals Company Name: New Orleans EMS Address: 1300 Perdido Street, Ste 4WQ7, New Orleans, LA 70112 Contact Person: Carl Flores.. Director of Loiaistics Telephone: { 504 } 6S&1552 Email: chores cityofno.com Product Purchased by Reference: Su lies and pharmaceuticals FOR MINORITY AND/OR WOMAN OWNED BUSINESS ENTERPRISES 'Not Applicable (ro be completed only if applicable) Minority and/or Woman Owned Business Enterprises are encouraged to participate in the Midlothian procurement process. The Purchasing Division will provide additional clarification of specifications, assistance with Bids Forms, and further explanation of procedures to those who request it. The City of Midlothian recognizes the certifications of both the State of Texas Building and Procurement Commission Historical Underutilized Business (HUB) Program and the North Central Texas Regional Certification Agency. All companies seeking information concerning certification are urged to contact: State of Texas HUB Program Texas Building and Procurement Commission P.O. Box 13047 4uslin TA'787113047 (512)463-5872 http;lhyww.tbpc.state.tx.us/hubbid North Central Texas Regional Certification Agency 616 Six Flags Drive, ##416-LB 24 Arlington TX 76011 (817)640m0606 httpWwww.nclrca.org in order to be identified as a QualiFred Minority and/or Woman Owned Business Enterprise in the City of Midlothian vendor database, this form, along with a copy of your certification, must be returned to the City of Midlothian Purchasing Department. You should return these documents with this response, or If you have already submitted this form and a copy ofyour certification to the Purchasing Division, it is not necessary to re - send certification. If you meet the criteria and are not currently certified, you may contact one of the above agencies for instructions to be certified. Upon receipt of certification, you may then return this farm and a copy of your certification to: City of Midlothian, Purchasing Division, 104 West Avenue E., Midlothian, Texas 76065. 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N in w ff mF N Y e Y E l LL a ` w In sRUN Y 40 d W Y W p. me Y rw SZ Y a g NEW x od NOW Li ' E S s Nor Y ©dh Q O WS l� N ui N ORONO Ul mi to xi 01 1 1 kil wu nd Tree Your Pariner to EMS 9 '# /1812020 City of Midlothian RE: Price Increase Policy To Whom It May Concern: As you are we#I aware, the C�VID-i9 pandemic has had a considerable impact on the global supply chain of emergency medical products, leading to limited access of personal protective equipment ("PPE") and other crucial supplies for the EMS market. While the supply chain looks to be improving in some areas, Bound Tree is still experiencing extended lead times and product shortages on PPE and other critical supplies. Additionally, there have been significant shipping costs imposed by manufacturers. Despite the current market dynamics, Bound Tree has been working daily with our supplier partners to secure additional Inventory at reasonable costs, Even with our proactive efforts to source inventory, many our key supplier partners have increased prices and others have signaled additional price updates will be coming, some of which may be significant. In the event such a price increase occurs after the bid award, Bound Tree will notify you of such increase and will make all efforts to provide adequate documentatlon from the supplier as evidence of the price modifications. The new contract pricing will then go into effect based on the notification period provided In the contract. If the price increase is not accepted, Bound Tree reserves the right to remove the product(s) from the contract or provide an alternative product, which may come at a different price. Sincerely, Brian La Plaftners in In -Service Training Our EMS -experienced Account Managers can provide quality lnrssrvice training and support to you and your department. Since they live in your area, they understand state and local requirements and protocols, Advanced Online Tools From free online continuing education courses at www BoundTreeUniversity com to elaborate online ordering tools at www,boundtree com, we are focused on the most cutting edge technology that will streamline your daytomlay operations, 24-Hour Disaster Support Our Emergency Disaster Support Program can provide relief efforts to agencies that require immed;ate deployment of emergency medical supplies, To activate the program, call SOO&8634M3 and identify your needs, Safety and patient care . neverbe campromiwd bmuse of Inadequate budgets Our experienced qu Passion and Perspective At the heart of Bound Trse Medical is a team of employees who are passionate about EMS and the communities they serve, We have the experience required to meet your needs Bound Tree Medical is a specialty distributor of emergency medical equipment, supplies, pharmaceuticals and product expertise for fire departments, military, government institutions and other EMS organizations that provide pre•hospitai, emergency care. We support our customers with our team of EMS -experienced product specialists, customer service representatives and local account managers, backed by strong vendors and a national distribution network. From everyday disposable items to extensive capital equipment, we offer thousands of quality products from leading manufacturers to help our customers save lives, Our cutting -edge distribution model and five nationwide distribution centers allow us to provide prompt and accurate delivery anywhere in the united States. We are passionate about EMS and have developed specialty programs to demonstrate our dedication, including scholarships, grants support and disaster support. We strive to truly understand the needs and demands of EMS providers and deliver the products and services that address those needs. e Bound Tree 800.533.0523 1 www.boundtree.com cura,x£ °by Bound Tree NAVIGATING EVERY DAY CARE a► v,a tmstt�re IaMscaps avahMs, QasP�° ras�ufs nAd, mtepP�tiva awl tvoduct►that muds wavh9ms tt9 dea mr q=My tnasbMM ohd it Parut 4cedaky .gym across m mjpp v dh at a' , ct"Pta.° oaosngas b antic$sata tna nsadl o4 WAMOwWs tvtaMcaro QUA tasaarssrq to ihs neoda of today Ttlaasandsat signifiant Espsri:munl Continuous N►110AMds Innovative Now ttsdusts Sartntts Manapsss Cuaklvlenplovstneal Gisidbutisn hodusts NEW CATALOG ptliln► SdYSOM .: A4weyft)t;rpen 04pnostlea . Tnunutt wound w. a R Bound Tree YourPartnar to EMS Customer Service 5D007u1110Ctasslnp9ivd. Oub11n,OH49010 614760,500D vn boundirescam Bound Tree Medical is focused on providing service to meet the needs of our customers throughout the United States. We have a deep commitment to help those that help others. The specialized market that we serve drives us to create the best possible solutions for our customers. We are here to serve you. Our nationwide toll -free Customer Service line Is 800-533-0523. Bound Tree Medical routes calls by origin of the zip code of the caller which, results In more customer awareness among those agents responding to customer calls. There are a variety of methods to ptace orders and verify pricing: 1) I t@r e, t: Customers have access to real-time pricing and stock availability 24 hours a day, 7 days a week. www.boundtree.cqm 2} Email: Orders may be emailed to customer service at customerservice(&boundtm.com, 3) Phone. Our dedicated team of customer service representatives can answer questions or take your orders from 7:30 AM to 8:00 pm EST. 4} F,x. Our nationwide toll -free fax line is available 24 hours a day at 800.257-5713. 5} Mgjl:, Orders may be mailed to our corporate office. An order form is included in the back of our catalog for convenience. The Customer Service Department Is comprised of 27 staff members, Customer Service Representatives respond to inbound calls and make outbound calls to customers to provide information regarding product availability, shipment and delivery schedule changes. These same representatives are available to answer questions about shipments or process returns when necessary. If an item goes onto a long term backorder, Bound Tree will work to find equivalent substitute items far the backorder. !f it is the customer preference to approve all substituted items, Bound Tree Customer Service will seek approval prior to shipping sub items. Bound Tree Medical is proud to offer our customers access to an Emergency disaster Support line at 800-863-0953, which operates 24 hours a day, 7 days per week. It is staffed by on -call managers, who are accessible through routing of calls to cell phones. After leaving a message, a return call is originated within 20 minutes. Bound Tree Medical allows customer; to purchase on open account. The proper account application must be completed and submitted. Bound Tree Medical will assign an account number to each application. Each account has one billingipayabies address but may have several shipping/receiving addresses. in addition, the Federal Drug Administration (FDA) requires Bound Tree Medical to retain a Medical Director {physician} signature, contact information and license photocopy when purchasing legend items and/or pharmaceuticals. Customers may purchase by Master Card, VISA, Discover or American Express. Prepaid orders are also accepted Your Partner in CMS 6000TUt1teCrptelnV V pubiln.OH49010 8147605000 wwwboundfreecam Product Return Information NON -WARRANTY PROpUCi RETURN PO[.ICY Prior to returning a product, please contact the Hound Tree Medical Customer SenJice Department at 800- 533-0523 to obtain a return merchandise authorization (RMA) number. This will help us to expedite your return and allow us to give you the proper credit. Once you have received your RMA number please follow the return policy guidelines. AA pharmaceuticals, items with expiration dates, and items that are subject to FDA tracking requirements are not returnable. Bound Tree Medical will only accept returns for pharmaceuticals if it was an error on our part. If so, please contact us within 7 calendar days of receipt of the product to obtain an RMA number. Items received without an RMA or after 15 calendar days will not receive credit. Ef Bound Tree Medical makes an error in fuifiEling or shipping your order, we will pramptiy rectify fhe mistake at no cost to you. If we have made an error and you wish to return the product(s) to us, notification must be received within 15 days of invoice. Following the initial error notification, please follow the return policy guidelines: Non -returnable (tams Include: 1. Items that are special order items. 2. Items that are buy -to -order (BTO) items. 3. Items that have been marked or engraved. 4. Items returned with broken packaging or not in original packaging. S. Customized items, any sterile product that has been opened or items determined by Bound Tree Medical not to be in resalable condition. 6. Product that is more than 60 days older than the invoice date. Return Policy Guidelines: 1. Items returned within 30 days of the invoice date will not be subject to a restocking fee. 2. Items retumed 31 - 60 days than the invoice date will be subject to a 15% restocking fee. 3. Items older than 60 days from the invoice date will not be accepted in our warehouse and will be returned to the customer. 4. Please write the RMA number clearly on the package label. 5. Enclose a copy of the original invoice or packing list in the box. 6. Send the package freight prepaid. Your Partnvrin EMS 50007WIIa CroaalnO BWd, Ouh11M wn 4j0i0 614,760 SOOO www.houndtree cam Oniine Ordering Capabilities a. Bound Tree Medical provides a usW"friendly online ordering system with advanced features that restrict user access to predefined products that can be approved for purchase using a predefined purchasing path with maximum or minimum users as defined by the contracted customer, b. The advanced user platform of BoundTree.com allows customers to self-administer (add/delete) their specific product offering based on the entire Bound Tree Medical online catalog, c, Users on BoundTree.com can gather information and prepare self-administered reports based on up to two years of historical data. • Trends can be tracked by running reports that can include all shipping locations, or that can be tailored to a specific shipping address. o A purchase summary report can be self -generated to view total products purchased over a selected period of time. • The purchase summary report can be sorted in ascending order by total sales per item, a Purchase summary reports and items per month reports can be self -exported in spreadsheet format for additional evaluation. • The purchase summary report provides Item usage totals based on monthly, quarterly and yearly expenditures. • Reports can be seifwexported in spreadsheet format, d. Product name, short description and detailed descriptions are maintained for items on BoundTree.com, Product photography is uploaded to the website based on manufacturer availability, Custom photography is also available to supplement manufacturer -supplied items, e. A "sold by" column is available on product detail pages to clearly describe available units of measure. f. Purchase requisition and order processing paths are predefined and self-administered by an online administrator. User roles include "order submitters"and "order approvers". Multiple -levels of approvers can be established with the option to auto4orward orders awaiting approval with no activity. g. Unit and total price for each order are displayed in the shopping cart checkout process. h, A web administrator can setup and self-administer user IN which trigger an' e-maii to the user for password setup, Self-administered password reset tools are available to users. i. The system does permit an administrator to specify maximum quantities that can be ordered for a given item on a single order.. Quotas provide a way far an administrator to self-administer total purchases, To maintain maximum item thresholds, order approvers can monitor and adjust each item on purchase requests throughout the approving and purchasing process. j. The purchase requisition process provides date and time stamps for all purchase requisition activities. k. Invoice history is pasted on Boundiree.com for user access,