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HomeMy WebLinkAboutContract 63154FORT WORTH CSC NO. 63154 CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by Medline Industries, LP. ("Vendor") and the City of Fort Worth ("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A — Seller's Quote, Scope of Services or Purchase Order; 3. Exhibit B — Cooperative Agency Contract OMNIA 2021003157; and 4. Exhibit C — Conflict of Interest Questionnaire Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. If any provisions of the attached Exhibits conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or ordinance of City, the terms in this Cooperative Purchase Agreement shall control. ZD City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year, or any renewal term, by City shall not exceed three hundred thousand dollars ($300,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement is effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and expires one year after, with three (3) additional one-year renewal options. Vendor agrees that City shall, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other parry, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX To CITY: City of Fort Worth Attn: William Johnson, Assistant City Manager 100 Fort Worth Trail Fort Worth, TX 76102 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address To VENDOR: Medline Industries, LP. Chris Powers, VP of Government Markets 3 Lakes Dr. Northfield, IL 60093 govbids@medline.com City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. To the extent the Agreement requires that City maintain records in violation of the Act, City hereby objects to such provisions and such provisions are hereby deleted from the Agreement and shall have no force or effect. In the event there is a request for information marked Confidential or Proprietary, City shall promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. The Agreement and the rights and obligations of the parties hereto shall be governed by, and construed in accordance with the laws of the United States and state of Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement is required to be governed by any state law other than Texas or venue in Tarrant County, City objects to such terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the Agreement requires City to waive its rights or immunities as a government entity; such provisions are hereby deleted and shall have no force or effect. To the extent the Agreement, in any way, limits the liability of Vendor or requires City to indemnify or hold Vendor or any third party harmless from damages of any kind or character, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: By: William Johnson (Ayr 23, 2025 15:42 CDT) Name: William Johnson Title: Assistant City Manager Date: APPROVAL RECOMMENDED: By: �7 a, dame ;NNjlTaVis61313.66 CGT) Title: Fire Chief pF F�!:T�IIO a°p�00000 0 009�,� �o Oaa� nEXA`ogpp By: Name: Jannette Goodall Title: City Secretary OrKWIT11-014 Medline Industries, LP. By: �tF Name: Chris Powers, Title: VP of Government Markets CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. arene&' By: BrPnda Rav (Aor 23. 2 25 15:03 CDT) Name: Brenda Ray Title: Fire Purchasing Manger APPROVED AS TO FORM AND LEGALITY: By: Name: Taylor Paris Title: Sr. Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 25-0333 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit A — Seller's Quote, Scope of Services or Purchase Order Exhibit C Business Proposal Contracted Products: Vendor's entire catalog of products will be available to Membership. Some products may require a pharmacy license to ship to end -user, which will need to be provided prior to order. Pandemic Product Categories: at the time of bid the following products are on allocation, and availability is currently limited or inconsistent, and may not be available to members. 1. Facemasks 2. PPE — including Isolation gowns, and coveralls 3. Surgical drapes and gowns 4. Standard and custom packs 5. Exam and surgical gloves Product Portfolio Medline will offer its whole portfolio of products through this agreement. This includes 500,000+ products. Our portfolio is comprehensive and covers the med-surg needs for the entire continuum of care. We also have ancillary products such as EVS and office supplies. A brief summary of some of our product categories can be found below, but this list is not all inclusive. If there is a category or a product that you need that you cannot find, please visit www.medline.com to search our catalog, contact customer service at 1-800-MEDLINE (633-5463) or contact your sales rep directly. Product Division Products Advanced Skin Care Skin Care: Remedy", Soothe & Cool, Carrington, MedSpa, Dispensers Support Surfaces: Mattresses, OR Table Pads, Stretcher Pads, Seating Cushions, Overlays Heel Protection: Heel Boots Surgical Glue: Skin Affix Air Care: Advanced Fresh, Naturally Fresh, Simply Fresh Advanced Wound Debridement Care Products: Honey dressings, TenderWet Infection/Inflammation Products: Silver powders, gels, sheets, alginates, gelling fibers and foams Moisture Management Products: foam, post -op dressings, superabsorbent dressings, alginates, gelling fibers and hydrogels Edge/Environment Products (for stalled wounds): collagen dressings Supportive Products: compression therapy, wound cleansers, skin protectants, dressing retention tape, and contact layers Anesthesia General Anesthesia: Circuits, masks, breathing bags & hyperinflation systems Airways: ET Tube, Laryngeal masks, bermans and guedels Pressure Infusers Temperature probes Regional Anesthesia: Pain trays, block trays, epidural trays and sterile procedural needles Diagnostics Blood Pressure Cuffs,Electrodes, Blood Glucose, Lancets, Diagnostic Instruments, Thermometers, Diagnostic Capital Distributed Brand -Name product lines Products used in our distribution contracts Dynacor Plastics: Non -Sterile Kits Sterile Trays: Laceration, Suture Removal, IV Start, Dressing Change.11 Equipment and ADLs, Bath Safety, Canes, Furnishing (DME) Crutches, Hampers, Homecare Beds, Hot and Cold, Orthopedic Softgoods, Patient Lifts, Physical Therapy, PVC, Rollators, Stretchers, Walkers and Wheelchairs, Cubicle, Draperies, Furniture, Beds, Carts, Stainless Steel, Scales, Charting Exam Gloves Exam Gloves Interiors Soft Good Items Laboratory Specimen Containers, Point - of -Care Testinq, Lab Capital Na m i c Access Products: Angiographic Needles, Guidewires, and accessories Fluid Management: Custom Kitting, Manifolds, accessories used in the Catheterization (Cath) & Interventional Radiology Labs relating to Contrast Management Pressure Monitoring: Disposable Pressure Transducers, Pressure Monitoring Tubing, and Fluid Administration System Wide Accessories: Dead End Caps, Stopcocks, Decanters and Syringes Nutrition & AmerisourceBergen OTC Pharmaceuticals Items, Cough, Cold and Allergy, Dietary Supplements and Vitamins, Laxatives and Antacids, Lotions, Creams and Ointments, Miscellaneous OTCs, Non direct Foot and Ankle sourcing, Pain Management Relievers, Unit Dose OTC s and Topical Analge, Pharma Short Dated Product, Podiatry, Pharmaceuticals (OTC and Rx), Drug management devices (pill crusher, splitters, storage), Enteral feeding devices (Pumps, feeding sets, feeding tubes, syringes, Specialty nutrients (Protein supplements, dysphagia, GI management), Foot and Ankle specialty products. OR Division Surgical Instruments, Sterilization Products, Care and Handling items, lab products Suction: Open Catheters, Closed Suction, Connection Tubing, ET tubes, Fluid Solidifiers, Canisters Orthopedics Foot & Ankle Implants: Ankle Fracture Plating System, Foot Recon Plating System, Mini Foot Plating System, Cannulated Screw System, Snap -Off Screw System, Pre -Hydrated Structural Bioimplants (UNITE Foot & Orthobiologics: Viable Ankle) Cellular Bone Matrix, Demineralized Bone Matrix (DBM), Synthetic Bioactive Bone Graft, Amniotic Membrane and Fluid, Cancellous Chips Personal Care Incontinence Products — Disposable Adult Briefs, Diapers, Underpads Preventive Care Disposable Protective Apparel, Headwear and Footwear, Isolation Orqanizers Primary Care Gauze, Bandages, Tapes, DVTs, Lap Sponges, O.R. Towels, Clear Count, DASH Proxima Surgical Gowns, Drapes, and Packs Readycare Patient Cleansing: Wet Wipes, ReadyBath, Shampoo Caps, Remedy Wipes Hand Hygiene: Hand Soaps and Sanitizers CHG/PVP: CHG Bottles and Kits, Aegis CHG Discs, PVP bottles Oral and Nasal Care: Oral Care Kits and Components, Nasal Antiseptic Swabs and Kits ReNewal Reprocessed single -use devices including: ablation electrodes, EP catheters, tissue sealers, pulse oximeter sensors, manifolds, tourniquets, ultrasonic scalpels, compression sleeves, air transfer mattresses, arthroscopic shavers and abraders, ECG leads, orthopedic manual surgical instruments, trocars and cannulas Repositioning & Support Offloading Surfaces: Mattresses, OR Table Pads, Stretcher Pads, Seating Cushions, Overlays, Comfort Glide products Respiratory Oxygen Therapy, Resuscitation, Pulse Oximetry, Medication Delivery, Humidification and Filtration, Suction and Trach Care, Airway Management SPT Custom Sterile Surgical Trays, CDS, Standard Trays Surgical Gloves Surgeons Gloves Textiles & Textiles: Scrubs, lab coats, Environmental uniforms, patient & pediatric Services (EVS) apparel, surgical & protective apparel, terries, blankets, sheets, underpads, adult bibs, slippers, mattress pads and hamper bags. EVS: Liners, paper, ATP, chemicals, germicides, microfiber, batteries and housekeeping equipment Decorate Textiles — Cubicle curtains, OTRT, room dividers, window treatments, quilts, pillows and disposable linen_ Tissue Regeneration Hyalomatrix, PluroGel Urology Urologicals, Bulb Irrigation Syringes, Bulb Irrigation Trays, External Catheters, Foley Catheter Trays, Intermittent Cath Trays, Intermittent Catheters, Leg Bags, Piston Irrigation Syringes, Piston Irrigation Trays Urologicals: Foleys, Drain Bags, Urinemeters, Closed Systems, MEC's Vascular Access Excelsior, Peripheral IV Catheters, Vascular Access Insertion Pricing Proposal Medline will offer the below Minimum discounts off Medline list price. This is a discount floor, and in many cases deeper discounts can be offered. Medline can provide list pricing by product upon request from either OMNIA or OMNIA member. List pricing may fluctuate over the term of the contract in accordance with market conditions or costing changes. Medline reserves the right to negotiate pricing independent pricing agreements through the OMNIA contract with individual members as long as it falls within the below discount structure. Description Minimum Discount Medline Brand Products 30% off Medline list price Non-Medline/National Brand Products 125% off Medline list price Freight/Minimum Orders A. Minimum Order Requirements: Three hundred and fifty dollars ($350) B. Freight: Orders over minimum will ship free freight with the following exceptions a. Emergency/rush orders b. Orders outside ship -schedule c. Non -stock or vendor direct ship items may incur freight charges C. Lost Products: All lost Products will be reported to Vendor's customer service department. Vendor will issue credit within ten (10) days of notification of lost Product; alternatively, re- shipment of missing Product will occur immediately after notification. D. Ship schedule: Each account will be assigned a delivery schedule to provide consistent shipment points. Any orders occurring outside this ship schedule, or orders placed after ship cutoff may incur additional freight charges. E. Lead time: Standard lead time for stocked products is 2 days ARO, including in Alaska and Hawaii- F. Local Agreements: In some cases, local agreements may be negotiated which will supersede contract freight terms listed above. These agreements will be communicated to OMNIA. Return Policy Please see attachment D — Return goods policy New Account Setup/Credit New Account Setup: In order to process and account through the OMNIA contract, each member location must have a standalone account setup with Medline. In order to setup a new account we need the following documentation from government facilities 1. A copy of the W9, with the purchasing facilities address 2. A sales tax exempt certificate (if applicable) Credit: Accounts can be setup as Credit Card only, or with Net 30 day terms. 1. Credit Card Purchase: Are subject to a 2% processing fee on all purchases 2. Terms: If an account wishes to be setup with credit terms, a government PO must be provided (either voided, or an actual order). Terms will be provided upon receipt of PO. Non -Gov't Accounts: Non -government accounts will be required to provide all the above documentation, and will also have to fill out the standard new account application whether using a credit card or requesting terms. Exhibit B — Cooperative Agency Contract OMNIA® P A R T N E R S NATIGNALIPA us.cox>cuvmcs Medical and Surgical Supplies Executive Summary Lead Agency: University of California Solicitation: 002109-JUL202-MED/SURG RFP 2018AO RFP Issued: August 21", 2020 Pre -Proposal Date: August 26", 2020, 9:00am Response Due Date: September 241h, 2020 Proposals Received: # 9 Awarded to: The University of California San Diego Department of Procurement issued002109-JUL202-MED/SURG RFP 2018AO on August 21", 2020, to establish a national cooperative contract for Medical and Surgical Supplies. The solicitation included cooperative purchasing language in Section 1.1.0 Purpose & Objectives of the RFP. The purpose of this Request for Proposal ('RFP') is far qualified suppliers to prepare and submit a proposal to furnish Medical and Surgical Supplies in accordance with the requirements set forth in this RFP. The overall objective of this RFP is to award multiple qualified suppliers that will assist UCSon Diego in establishing a sustainable program that provides medical and surgical supplies, exceptional customer service and cost-effective processes to all University of California (UQ campuses, medical centers, and laboratories on a needed basis. Supplier agrees to make available the services to any UC location and other public agencies upon the terms, conditions and pricing set forth in an agreement awarded in response to the supplier's proposal. OMNIA Partners will be supporting our efforts to market the outcome of the solicitation nationally. Notice of the solicitation was sent to potential offerors, as well as advertised in the following: • University of California CalUsource website • OMNIA Partners website • USA Today, nationwide • Arizona Business Gazette, AZ • San Bernardino Sun, CA Version August 19, 2020 • Honolulu Star -Advertiser, HI • The Advocate — New Orleans, LA • New Jersey Herald, NJ • Times Union, NY • Daily Journal of Commerce, OR • The State, SC • South Carolina webs ite/newsletter (get from Chris White) • Houston Community Newspapers, Cy Creek Mirror, TX • Deseret News, UT • Richmond Times, VA • Seattle Daily Journal of Commerce, WA • Helena Independent Record, MT • Kennebec ME Journal On September 241", 2020, proposals were received from the following offerors: • Asp Global • McKesson • Caleb Milne • Medline • Cardinal Health • Sports Brand Group • Deepka Import • Uweport • Henry Schein Medical The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the RFP the committee elected to enter into negotiations with Medline Industries. LP. and proceeding with contract award upon successful completion of negotiations. Geographic Preferences: No geographic preferences were included in the evaluation of the responses. The University of California San Diego, OMNIA Partners and Medline Industries Inc. successfully negotiated a contract, and the University of California San Diego executed the agreement with a contract effective date of November 3rd, 2021. Diversity Certification: Contract includes: • 550,000 products • Free Freight over $350 Term: Initial agreement from November 3rd, 2021, through November 2"d, 2026, with the option to renew for three (3) additional one-year periods through November 2"d, 2029. Pricing/Discount: • 30% off Medline Brand Products off list price • 25% off non-Medline/National Brand products off list price • Market Basket Version August 19, 2020 `P< UNIVERSITY o F CALIFORNIA Purchasing Agreement # 2021003157 Asa result of Request for Proposal ff 201SAO UC San Diego Medical and Surgical Supplies, the Master Agreement to furnish certain goods and services described herein and in the documents referenced herein ("Goods and/or Services") is made by and between The Regents of the University of California, a California public corporation ("UC") on behalf of the University of California, San Diego and the supplier named below ("Supplier'). This Agreement is binding only if it is negotiated and executed by an authorized representative with the proper delegation of authority. 1. Statement of Work Supplier agrees to perform the Services listed in the statement of work attached as Attachment A ("Statement of Work"} and any other documents referenced in the Incorporated Documents section herein, at the prices set forth in the Statement of Work and any other documents referenced in the Incorporated Documents section herein. Unless otherwise provided in the Agreement, UC will not be obligated to purchase a minimum amountof Goods and/or Services from Supplier_ 2. Term of Agreement/Termination a) The initial term of the Agreement will be from November3'a, 2021, and through November 2ntl, 2026 and is subject to earlier termination as provided below_ UC may renew the Agreement for 3 successive 1-year periods (each, a Renewal Term). b) UC may terminate the Agreement for convenience by giving Supplier at least 30 calendar days' written notice. c) UC or Supplier may terminate the Agreement for cause by giving the other party at least 15 days' notice to cure a breach of the Agreement (Cure Period). If the breaching party fails to cure the breach within the Cure Period, the non -breaching party may immediately terminate the Agreement. d) This agreement shall supersede and replace all other agreements between the Parties including UCCP-186. For the avoidance of doubt, no rebates or other fees shall be due and payable to UC by Supplier under any previous agreement following the effective date of this agreement. 3. Cooperative Purchasing: Supplier may, extend Goods and/or Services to public a=encies (state and local governmental entities. public and private primary. secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public ARcncics") registered with OMNIA Partners, Public Sector f~Participating Public Agencies") under the terrrts of this agreement. All contractual administration (e.g. terms, conditions. cxtcnsions, and rcncn•als) will remain the UC's responsibility except as outlined in the above referenced RFP (title of RFP). Operational issues. Educian, responsibility, payment issues and liabilities, and disputes involving individual Participating Public Agencies will be addressed, administered, and resoled by each Participating Public :lgcncy_ 4. Purchase Order; Advance Payments Unless otherwise provided in the Agreement, Supplier may not begin providing Goods and/or Services until UC approves a Purchase Order for the Goods and/or Services. S. Pricing, Invoicing Method, and Settlement Method and Terms Refer to Statement of Work or Purchase Order for Pricing. Each UC Location will specify the Invoicing Method and Payment Options that will apply, taking into account the operational capabilities of Supplier and the UC Location. See UC's Procure to Pay Standards http://%vww.ucco.edu/procurement-services/ files/Matrix b20for%20vrebsite.13dF.forthe options thatwill be Template revised on 10.1.19 Page 2 of 6 UNIVERSITY OF \G` CALIFORNIA .. Purchasing Agreement # 2021003157 considered. in the case of systemwide agreements., each UC Location will specify these teems in a Statement of Work or Purchase Order, as the case may be.] For non -systemwide agreements, the Invoicing Method, and Settlement Method and Terms are addressed below: Template revised on 10-1.19 Page 2 of 6 Invoicine Method Notwithstanding the provisions of Article 3 of the Terms and Conditions of Purchase, Supplier will submit invoices following the designated invoice method directly to UC Accounts Payable Departments at each UC Location. Notwithstanding the provisions of Article 3 of the Terms and Conditions of Purchase, UC will pay freight and shipping/hand ling as follows: Supplier will pay FOB Destination Prepaid. All invoices must clearly indicate the following information:. California sales tax as a separate line item; Shipping costs as a separate line item; UC Purchase Order or Release Number; Description, quantity, catalog number and manufacturer number of the item ordered; Net cost of each item; Any pay/earned/dynamic discount; Reference to original order number for all credit memos issued; Supplier will submit invoices following the designated invoice method directly to UC Accounts Payable Departments at each UC Location, unless UC notifies the Supplier otherwise by amendment to the Agreement. Settlement Method and Terms Notwithstanding the provisions of Article 3 of the Terms and Conditions of Purchase, the Settlement Method and Terms for any other campus will be as established by each campus location. 5. Notices As provided in the UCTerms and Conditions of Purchase, notices may be given by email, which will be considered legal notice only if such communications include the following text in the Subject field: FORMAL LEGAL NOTICE— jinsert, as the case may be, Supplier name or University of California]. If a physical format notice is required, it must be sent by overnight delivery or by certified mail with return receipt requested, at the addresses specified below. To UC, regarding confirmed or suspected Breaches as defined under Appendix — Data Security: Name Daniel Quach Phone 858-246-5779 Email douach afwiucsd.edu Address Information Technology Services TPC/S 3rd FI/152 Mail Code 0929 J MailingAddress:9500 Gilman Driver0928 La Jolla, CA 92093-0928 To UC, regarding confirmed or suspected Breaches as defined under Appendix— Electronic Commerce: Name Anne Hewett Phone 858-534-9426 Email ahewettPucsd.edu Address 10280 N. Torrey Pines Rd_, Ste. 415 La Jolla, CA 92037 To UC, regarding contract issues not addressed above: Template revised on 10.1.19 Page 2 of 6 Name Andrea Orozco Phone 858-534-5730 Email anorozcoPucsd.edu Address 10280 N. Torrey Pines Rd., Ste. 415 La Jolla, CA 92037 Name Antony Esquer Phone 858-534-1479 Email amesouer(aucsd.edu Address 10280 N. Torrey Pines Rd., Ste. 415 La Jolla, CA 92037 To Supplier: Name Kevin Feighery Phone 704-975-5477 Email kfeighery@medline_com Address 1 Medline PI Mundelein, IL 60060 6. Intellectual Property, Copyright and Patents /___/x The Goods and/or Services do not involve Work Made for Hire 7. Patient Protection and Affordable Care Act (PPACA) /JI x The Services do not involve temporary or supplementary staffing, and they are notsubject to the PPACA warranties in the T&Cs. 8. Prevailing Wages /_,/ x Supplier is not required to pay prevailing wages when providing the Services. 9. Fair Wage/Fair 'Work /_j x Supplier is not required to pay the UC Fair Wage (defined as $13 per hour as of 1011/15, $14 per hour as of 10/1116, and $15 per hour as of 10/1/17) when providing the Services. 10. Restriction Relating to Consulting Services or Similar Contracts — Follow-on Contracts Please note a Supplier that is awarded a consulting services or similar contract cannot later submit a bid or be considered for any work "required, suggested, or otherwise deemed appropriate" as the end product of the Services (see Public Contract Code Section 10515). Template revised on 10.1.19 Page 4 of 6 11. Insurance Deliver the PDF version of the Certificate of Insurance to UC's Buyer, by email with the following text in the Subject field: CERTIFICATE OF INSURANCE— Medline Industries, Inc. 12. Service -Specific and/or Goods -Specific Provisions a. Pandemic response b. Stock arrangements c. Last Mile d. Sustainability Incentive: To support UC's zero waste goal and to improve campus waste and diversion, Medline agrees to provide an annual sustainability incentive, in the amount of $5,000 payable to the UC Regents_ This incentive will be allocated to all 10 campus sustainability programs, to support campus waste and diversion programs. PricinE Protection Prices quoted on this solicitation must be firm for the first twelve (12) months of the initial term of any awarded agreement(s). Price changes after the initial period, if any, shall be made on an annual basis as negotiated by both parties. Any price changes require prior written notification and must follow the process outlined in Appendix B_ However, in no event shall price increase on an aggregate basis exceed three (3) percent or CPI whichever is less_ Price increases for any agreement renewal periods must be supported by documented evidence of manufacturers' price increases. If the supplier's catalog or list price is reduced, the University shall benefit from a corresponding price reduction_ 13. Records about Individuals Records created pursuant to the Agreement that contain personal information about individuals (including statements made by or about individuals) may become subject to the California Information Practices Act of 1977, which includes a right of access by the subject individual. While ownership of confidential or personal information about individuals is subject to negotiated agreement between LIC and Supplier, records will normally become UC s property, and subject to state law and UC policies governing privacy and access to files. When collecting the information, Supplier must inform the individual that the record is being made, and the purpose of the record. Use of recording devices in discussions with employees is permitted only as specified in the Statement of Work. 14. Piggyback UC Supplier agrees to extend the pricing basis, terms and conditions of the Agreement to all UC Locations. Supplier will make available to any UC Location its its improved pricing basis, terms or conditions resulting from increased usage or aggregation of activity by multiple UC Locations. All contractual administration issues (e.g. terms and conditions, extensions, and renewals), operational issues, fiduciary responsibility, payment issues, performance issues and liabilities, and disputes involving individual UC Locations will be addressed, administered, and resolved by each UC Location. Any delay in payment or other operational issue involving one UC Location will not adversely affect any other UC Location. 15. Incorporated Documents This Agreement and its Incorporated Documents contain the entire agreement between the Parties, in order of the below precedent, concerning its subject matter and shall supersede all prior or other agreements, oral and written declarations of intent and other legal arrangements (whether binding or non -binding) made by the Parties in respect thereof. a. Attachment A: UDC San Diego Medical and Surgical Supplies €iFP #2018AO Template revised on 10.1.19 Page 5 of 6 b. Appendix A: UC Terms and Conditions of Purchase c. Appendix B: UC Appendix —Electronic Commerce d. Appendix C: Federal Government Contracts Special Terms and Conditions e. Appendix D: Certification Regarding Debarment, Suspension, ineligibility, and Voluntary Exclusion f. Appendix E: Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions g. Appendix F: Certification Regarding Debarment, Suspension, Proposed Debarment, and Other responsibility Matters (First Tier Subcontractor) h. Appendix G: UC Appendix —Data Security i. Appendix H: UC FEMA Appendix j. Exhibit A: Response for National Cooperative Contract k. Exhibit F: Federal Funds Certifications 1. Exhibit G: New Jersey Business Compliance 20. Entire Agreement The Agreement and its Incorporated Documents contain the entire Agreement between the parties and supersede all prior written or oral agreements with respect to the subject matter herein. This Agreement can only be signed by an authorized representative with the proper delegation of authority. THE REGENTS OF THE MEDLINE INDUSTRIES, LP. UNIVERSITY OF CALIFORNIA p` 1 (Signature) (Signature) Todd Adams Chris Poviers (Printed Name, Title) 11/10/2021 November 3'', 2C21 (Printed Name, Title) 11/9/2021 November3rd 2021 Template revised on 10.1.19 Page 6 of 6 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/22/25 M&C FILE NUMBER: M&C 25-0333 LOG NAME: 36COOP OMNIA 2021003157 MEDLINE SUBJECT (ALL) Authorize Execution of a Purchase Agreement with Medline Industries, LP Using OMNIA Partners Cooperative Contract No. 2021003157 for Medical Supplies in an Annual Amount Up to $300,000.00 for the Initial Term and Authorize Three One -Year Renewal Options for the Same Amount for the Fire Department RECOMMENDATION: It is recommended that the City Council authorize execution of a purchase agreement with Medline Industries, LP using OMNIA Partners Cooperative Contract No. 2021003157 for medical supplies in an annual amount up to $300,000.00 for the initial term and authorize three one- year renewal options for the same amount for the Fire Department. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of an agreement with Medline Industries, LP for medical supplies to support emergency medical response activities in the amount up to $300,000.00 for the Fire Department. COOPERATIVE PURCHASE: State law provides that a local government purchasing an item under a cooperative purchasing agreement satisfies State laws requiring that the local government seek competitive bids for the purchase of items. Omnia Partners Contracts have been competitively bid to increase and simplify the purchasing power of local government entities. University of California published Request for Proposal No. 2018AO, available through Omnia Partners for medical and surgical supplies on August 15, 2020, August 20, 2020, August 21, 2020, and August 28, 2020. Contract No. 2021003157 was awarded to Medline Industries, LP on November 3, 2021. FUNDING: Upon adoption of the Fiscal Year 2025 operating budget for Emergency Medical Services, funding will be available in the Emergency Medical Services Fund for the Fire Department. ADMINISTRATIVE CHANGE ORDERS -An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval. TERM: The initial term of the agreement will begin upon execution and end on November 2, 2026. RENEWAL TERMS: The agreement may be renewed for three additional one-year terms. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. BUSINESS EQUITY: A Business Equity goal is not assigned when purchasing from an approved purchasing cooperative or public entity This agreement will serve ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the recommendation and adoption of the Fiscal Year 2025 Budget for Emergency Medical Services by the City Council, funds will be available in the current operating budget, as appropriated, in the Emergency Medical Services Fund. Prior to an expenditure being incurred, the Fire Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: William Johnson Oriainatina Business Unit Head: Jim Davis 6801 Additional Information Contact: