HomeMy WebLinkAbout063653-AD1 - General - Contract - Carter BloodCareCSC No. 63653-AD1
CITY OF FORT WORTH 1NTERNAL ROUTING PROCESS:
Approval Recommended:
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By:
Name: Raymond Hi11
Title: Fire Chief
Approved as to Form and Legality:
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By:
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Name: Taylor C. Paris
Title: Assistant City Attorney
Contract Authorization:
M&C: 25-0533
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.
By:
Name
Title:
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Jam�s Horton (Jan 2, 2026 16:48:07 CST)
James Horton
Fire Deputy Chief
City Secretary:
By. � � .��
Name: Jannette S. Goodall
Title: City Secretary
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�FFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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BLOOD SERVICE AGREEMENT
{PRE-HOSPITAL TRANSFUSION ACCOUNT)
This Blood Service Agreement ("this Agreement"), made and entered into as of the ��tn
day of occo�er , 2024 ,{Date of Execution) by and befinreen Carter
BloadCare and MedStar Mobile Heai#h Care, a health care provider (the "HCP").
WHEREAS, Carter BloodCare is willing to make avaiiable to the HCP blood, Biood
Components (defined below), as referenced in the fee schedule, Exhibit "A", and HCP
desires to obtain Blood Components from Carter BloodCare, on the terms and subjec# to
#he conditions set out below; in consideration of the mutual terms, covenants and
conditions herein contained, the parties agree as follows:
9. Blood Components.
1.1 Carter BloodCare will use its reasonable best efforts to supply HCP
human blood and blood components (collectively, "Bloocf Components" or
"Blood Component"} in quantities and a# times as HCP shall reasonably
request, subject to the Pre-Hospital Transfusion Program Participation
Rules (Exhibit "F").
1.2 HCP shali make alf requests #or Blood Components to Carter
BioodCare in writing, and orally as indicated by protocol, and shalf specify
in detail the types and quantities of Blood Components, special handling
and infus�on sets required, the time period within which the HCP desires
such Blood Components, and the address to which such Blood
Components are ta be delivered, if applicable, as listed in Exhibit "E".
1.3 Carter BloodCare may add a Blood Component to Exhibit "A" or
discontinue any i#em on Exhibit "A" at any time.
2. Laboratory Testinq.
2.1 Prior to supplying a Blood Component to the HCP, Carter BloodCare
will perform or cause #o be perFormed all tes#s required in accordance wi#h
the rules and regulations of the U.S. Food and Drug Administration ("FDA"),
the Standards of the AABB, and the Clinical Laboratory Imprpvement
Amendments ("CLIA"). Carter BlvadCare reserves the right to perform or
have others perForm additionaf tests as it may deem appropriate.
2.2 Carter BloodCare will not routinely test Blood Components with a
Cytomegalovirus ("CMV"} Antibody Test (serological test for CMV
antibody). HCP may request CMV nega#ive Blood Components. Any such
specifically requested Components, if available, will have been screened
with the CMV Antibody Test and be (abeled, as applicable, CMV negative.
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2.3 Whereas, all blood is collected from volunteer donors and is
processed and labeled in accordance wi#h the Code of Federal Regulations
of the Food and Drug Administra�ion and Standards established by the
AABB. Pursuant to 42CFR482.27(c){2) and 21 CFR610.46-48, Carter
BloodCare shall:
(a) Notify HCP within three calendar days of determina#ion, if HCP is
supplied Blood Components by Carter BloodCare from a donor who
tested negative for HIV, HCV, Chagas Disease or any new test required
by the FDA in the future and at the time of donation, but tests repeatedly
reactive for the antibody to HIV, HCV, Chagas Disease or any new test
required by the FDA in the fu#ure on a later donation; or
{b) Notify #he HCP the results of a specific FDA-licensed test or other follow-
up testing recommended or required by the FDA, which shall be
completed within forty-five (45) calendar days after a donor's repeatedly
reactive screening test, or which is required by federal reguiation.
(c) Notify the HCP within three calenciar days after Carter BloodCare
determined that it supplied blood from an infectious donor.
2.4 Carter BloodCare may, but shall not be obligated to, perForm certain
other senrices requested by the HCP, which services may or may not relate
to any Blood Components supplied to the HCP by Carter
BloodCare.
2.5 HCP is required to have one centralized location for any notices
provicfed hereunder.
3. Charqes.
3.1 The HCP shall pay Carter BloodCare the fee(s) charged by Carter
BloodCare far the services provided by Carter BloodCare for each Blood
Component it supplies to HCP, and fees for other services provided by
Carter BloodCare at the request of HCP all in accordance with the fee
scheduie in effect at the time such Blood Component is supplied and other
such services are provided.
3.2 The fee schedule for the HCP in effect at #he date of this Agreement
is attached hereto and incorporated herein as Exhibit "A". Carter BlaodCare
may change the fee schedule at any time after thirty (30) days prior written
notice to HCP. Carter B{oodCare may supplement the fee schedule at any
time by adding new service fee(s) or other fee(s) not lis#ed on the schedule.
The fee(s) so added shall become effective at the time Carter BloodCare
gives written notice thereof to the HCP.
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4, Pavment.
4.1 Each month, Carter BfoodCare shall send a written Invoice (de#ined
be{ow) ta the HCP fihat details fees for Blood Companents, services
associated with each Blood Component shipment, and any other additional
services provided in the previous month (the "Invoice"). Each Invoice will
be due and payable in fuli to Carter BloodCare no more than thi�ty {30) days
from the date of issue, subject to any allowable terms as listed in Exhibit
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4.2 If any amount owed by HCP is not paid in fuli within thi�#y (30) days
from the date ofi the monthfy Invoice, Carter BloodCare shall be entitled, at
its election, to do any one or more of the following:
(a) to charge, and HCP agrees to pay, a late charge equal to the lesser
of one percent (1 °lo} per month or the maximum rate permitted by
appiicable law on the unpaid amount from the date of the daily
Invoice until paid;
(b} to require HCP to pay Carter BloodCare for Carter BloodCare's
services and products on a cash on delivery basis;
(c} to cause a letter of credit in the form, amoun# and confien# satisfactory
to Carter BioodCare, in its reasonable discretion, to be issued for the
benefit of Carter BloodCare as a surety for HCP's payment of
services pursuant to this Agreement;
(d} to require HCP to deposit with Carter BloodCare, in escrow, HCP's
funds in an amount reasonably satisfactory to Carter BloodCare as
a surety for the HCP's payment of services under this Agreement;
{e) to discontinue providing Blood Components andlor services to HCP;
and/or
{fl to terminate #his Agreement by giving written notice of termination to
HCP.
5. Confidentiafit�. Each party acknowledges that in the course of performing its
duties under this Agreement, it may be acquiring and making use of certain
confidential information of the other party which includes, but is not limited to,
internal memoranda, reports, financial or business records, patient lis#s or medical
recards, canfrdential technology, trade secrets and other confidential patient
information, and ather materials or records of a proprietary nature ("Canfdential
Information"), Neither party shail use such Confidential Information except in
connection with the performance of its duties pursuanf to this Agreement, nor
divulge the Confidential Information to any third party, unless the non-disclosing
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party consents in writing to such use or divulgence or unless disclosure is required
by law. Each party agrees that during the term of this Agreement and as of the
date of termina#ion of this Agreement, neither pariy may take nor retain, wi#hout
the prior written consent of the other party, any papers, slides, data, records,
patient lists, files, computer discs, research data, business pians and marketing
studies qr other demographic analysis, information regarding payor contracts
entered or under consideration, or other documents or copiss thereof ar other
Confidential Information of any kind belonging to the other party per#aining to its
business, customers, patients, financiai condition, or activities. Each party shall
comply with the appiicable federal and state laws and regulations gaverning the
confidentiality of a!I pa�ient medical records. In the event either party receives a
request or demand from a third party for the disclosure of Confidential Information,
the requested party shall provide written notice to the other party within two (2}
business days after receipt of such request or demand of such request or demand,
including a copy of any written document of such request or demand.
6. Return Policv. Carter BfoodCare may change the return policy on Exhibit "C" at
any time after thirty (30) days prior written notice.
7. Handlinq of Blood Components; Insuection of Facifities.
7.1 The HCP shall accept al1 deliveries as applicable on Exhibit "E" of
Blood Components requested from Carter BloodCare, whether at
scheduled or unscheduled delivery times, and shall provide and maintain
suitabfe facilities and equipment for the receipt and storage of all Blood
Components in compliance with the rules and regulations of the FDA and
the Standards of the AABB. After the delivery of any Blood Component to
the HCP, the HCP shal! have s41e and excfusive responsibility for the
maintenance, use, and the risk of loss of Blood Companents.
7.2 Carter BloodCare shall have the right, but not the obligation, from
time to time to inspect (a} the inventory, facilities and equipment ufiilized by
the HCP for storing Blood Components obtained from Carter BioodCare;
and (b) HCP's books, records, pro#ocols, policies, procedures and
documentatian relevant to Carter BloodCare's services.
8. Certain Duties of HCP.
8.1 The HCP shall have sole responsibility for:
(a) requiring each of its personnel, employees, agents,
affiliates, officers, directors, shareholders, and assigns who perform
under this Agreement to fully comply with all applicable Federal,
state, and Iocal laws, rules, regulations, statutes, ordinances, terms,
conditions, manuals, policies, and orders governing or affecting the
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work or operations in connections with this Agreement or any
cantract or purchase order, including but not limited to those
regarding the FDA, AABB, The Joint Commissian ("TJC"), the
College of American Patho�ogists {"CAP"), CLIA, Medicare/Medicaid
under the Social Security Act, and Federal, s#ate, and municipal
ordinances regarding blood handling;
(b) If possible, obtaining an informed written consent to the
transfusion from each patient who is to receive a transfusion o# any
Blood Component obtained by the HCP from Carter BloodCare;
(c) causing the HCP's appropriate personnel to receive all
necessary education and training in proper transfusion practices,
procedures and techniques; including, without limitation, patient
identification, blood administration, component therapy, and
detection and treatment of transfusion reactions;
(d) complying with the current version of the Carter
BloodCare Service Manual {the "Service Manual"), an electronic
copy of which is provided by Carter BloodCare. Updates and
revisions to the Service Manual will be senfi via email. Service
Manual is accessible a# carterbloodcare.org.
(e) causing appropriate personnel (at least one person) to
attend af least one Carter BloodCare inservice, regarding the content
of the Carter BloodCare Service Manual; and
(f) having an identified, appropriately licensed physician
with proper authority to prescribe blood firansfusions.
8.2 The HCP shall a# all times have and keep current a standard
operaiing procedures manual setting forth, among other things, maintaining
all required medical and other records including but not limited to
temperature storage records, pertinent quality control documentation or
relating to patients to whom Blood Components obtained from Carter
BloodCare are, or are proposed to be, transfused. Carter BloodCare shall
have the right, bufi not the obligation, fio inspect such manuai from time to
time, but Carter BloodCare shall have no responsibility for the contents of
such manual, irrespective of whether it exercises its right of inspection.
8.3 The HCP shall irnmediately notify Carter BloodCare, if for any reason
(including, without limitation, ar�y suspected labeling or testing error,
damaged container, improper cantainer or improper container temperature)
the HCP believes that any BEood Component is not suitable for the intended
use. If appropriate, the HCP shali delay or immediately suspend any
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transfusion or other use of such Blood Component pending determination
of its suitability for the intended use.
8.4 HCP shall nofiify Carter BloodCare of a!I pertinent details regarding
any patient who has received any Blood Companent suppiied to HCP by
Carter BloodCare when the HCP comes to know or is notified the patient
has, or is suspected of having, a transfiusion transmissible disease.
8.5 HCP shall comply with all requirements of the AABB, FDA, applicabie
federal laws and regufations, and Carter BloodCare guidelines with respect
to notification to Carter BioodCare of adverse reactions to the transfusion
of a Blood Component supplied by Carter BloodCare. Upon the occurrence
of any reportable adverse reaction to the transfusion of a Biaod Component
supplied by Carter BlaodCare, the HCP shafl immediately (i} give oral notice
thereof to the Reference & Transfusion Services Department at Carter
BloodCare.
8.6 Each patient's physician shall have sole and exclusive responsibility
for determining what Blood Component is appropriate for that patient, and
Carter BloodCare shall have no responsibility. Carter BioodCare shall be
entitled to rely conclusively on the specifications set forth in any request
from the HCP or a patient's physician.
$.7 The HCP shall maintain complete medical records of all patients to
whom Blood Components supplied by Carter BloodCare hereunder have
been transfused; including, but not limited to, records showing
Documentation for any patient receiving a blood or blood product
transfusion, including to but not iimited to patient name, donation
identification number, da#e of transfusion and product transfused.
8.8 HCP shall comply with all applicable quarantine and notification
requirements including, bufi not lirnited to, the requirements of the Centers
for Medicare and Medicaid Services Conditions of Participation for
Hospitals in regard to laboratory services as specified in the C.F.R. (the
"Conditions of Participation"), upon notification by Carter BloodCare of
potentialiy HIV or HCV infected blood or Blood Componenis. If Carter
BloodCare notifies HCP that the results of the more specific testing are
positive for HIV or HCV, HCP shall notify any patient who has been
administered such potentially HIV or HCV infectious blood or blood
products, or that patient's attending physician, in a manner consistent with
the applicable law, including but not limi�ed to, the requirements of the
Conditions of Participation. Carter BloodCare shall have no duties with
respect to the no#ification of the patient.
8.9 Transfusion of Blood Components. The HCP shall have sole
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responsibility for selecting the patients to whom it wilf provide transfusion of
Blood Components obtained by it from Carter B1oodCare. In selecting such
patients, the HCP shall follow such guidelines as deemed appropriate by
current medical practice and available scientific evidence. HCP shall have
sole responsibility for selecting patients for whom home transfusian is
appropriate, and which patients it will provide transfusions. HCP agrees to
provide appropriate monitoring of all patients administered Blood
Components obtained by HCP from Carter BloodCare.
(a} HCP shafl have a process to notify the receiving hospital and/or
other prehospital care providers of the patient's transfusion stafius through
the continuum of care including any adverse events refating ta transfusion.
(b) HCP sha�l provide materials related ta prehospital transfusion
(e.g., patient samples, empty bags, and segments} for follow up tes#ing, as
applicable.
(c ) HCP shall monitor patient vital signs at defined intervals including
before, during, and after transfusion, as applicable.
8.10 Competence Testinq. The HCP shall have the sole responsibility for
ensuring that annual competency testing transfusing and handling blood
products is completed by nursing and other staff as required by AABB, FDA
and other applicable regulatory agencies. Carter BloodCare shafl have the
right, but not the obligation, to ensure annual competency assessments are
completed and documented as required.
9. Disposition and Alteration of Blood Components.
9.1 Disposition.
(a) All Blood Components ordered by the HCP under this Agreement, if not
administered to a patient, shall be either discarded in accardance wi#h
applicable federal or state reguiations, or handled as directed by the
Carter BloodCare. All bags and containers bearing the Carter
BloodCare's name or label shall, after use, subject to state and federal
regulations, be discarded appropriately and not reused.
10. Limitation of Obliqations and Liabilities. Carter BloodCare shall have no
obligation to educate, inform, train or supervise, or to audit, monitor or review the
activities of, any physicians, nurses, technicians or other persons who are
employed by or practice their respective professions at the HCP, Carter
BloodCare shall have no liability or responsibility to the HCP or any of its patients
by reason of (i) the unavailability, type, or quantity, of any Blood Component; o� (ii)
fihe inability #o provide any of #he Blood Components within a specified time period
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or location requested by the HCP.
11. Risk of Loss. The risk of loss of all
possession of such components at
expressly provided in this Agreement.
Blood Components shall be on the party in
the time of loss, except as is otherwise
12. Term. The initial term of this Agreement shall be from the date of execution on the
first page through December 31, 2024, and shali then automatically renew for
consecutive renewal terms of one (1) year each, unfess either party gives written
notice of termination to the other party at least sixty (60) days prior to the
commencement of the next renewal term. This Agreemenfi may be terminated at
any time by either party, if fihe o#her party defaults in the performance of any
provision of ihis agreement and such default continues for a period of ten (10) d�ys
after written notice thereof. This Agreement may also be terminated by either party
with written notice of termination at least ten (10) days in advance in the event
HCP is dissolved. Termination af this agreement shall not adversely affect any
rights of either party that shall have accrued at or prior to the time of such
termination. The provisions of Section 3 through 30 shalf survive any termination
of this Agreement.
13. Access to Records. Carter BloodCare shall allow the Secretary or Comptroller
General, as applicable, of the United States, the Department of Health and Human
Services, and their respective duly aufihorized representatives access to this
Agreemeni and Carter BloodCare's books and records until the expiration of four
(4) years after services are provided by Carter BloodCare to HCP pursuant to this
Agreement in accordance with the requirements of applicable law. If any of Carter
BloadCare's duties under this Agreement are carried out ihrough a subcontract
with a related organization, with a value or cost of $10,000.00 or more over a
twelve {12} month period, with a related organization or individual, such
subcontract shall contain a clause to the effect that unti! the expiration of four (4)
years after the furnishing of such services pursuant to such subcontract, the
related organization or individual shall make avaifable, upon written request by the
Secretary, upon the request by the Comptroller General, or any of their duly
authorized representatives, the subcontract, and such books, documents and
records of such organization or individual that are necessary to verify the nature
and extent of the costs incurred with respect to such subcontract and the services
provided pursuant thereto.
14. Insurance.
14.1 HCP Insurance. The HCP represents and agrees that it will have in effect
and maintain continuously through the term of this Agreement, a# its sole cost and
expense or the cost and expense of its personnel, policies of professianal and
com�rehensive general liability insurance, which shall not be less than $1,OOO,aaa
per occurrence and $3,OOO,Q00 in the aggregate against any claim for damages in
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connection with the HCP's responsibility under this Agreement and the services it
provides. The HCP shall, on or before the effective date of this Agreement, furnish
to Carter BloodCare certificates evidencing such insurance coverage, which shal!
state that such insurance coverage may not be changed or canceled without at
least thirty (30) days prior written notice to Carter BfoodCare. The carrier, terms,
and limits of such coverage shall be subject to the prior and continuing approval of
Carter BloodCare, which approval shall not be unreasonably withheld.
14.2 Adeauacv of Insurance. lf at any time Carter BloodCare shall determine
that the carrier, terms, and limits of such coverage for the HCP are no longer
adequate, it may require the HCP to ob#ain different or additional coverage upon
thirty (30) days no#ice, such notice to specify the deficiencies in the required
coverage and the required changes. If, after the expiration of thirty (30) days, the
HCP has faifed to obtain such differen# or additionai coverage, Carter BloodCare
may terminate this Agreement effective immediately upon the giving ofi notice of
termination. The HCP shalf indemnify and hold Carter BloodCare harmiess from
and against any and all liability, losses, damages, claims, or causes of action, and
expenses connected therewith (including reasonable attorney's fees) caused or
asserted to have been caused, directly or indirectly, by or as a result of the HCP's
faiiure to mainfiain appropriate insurance coverage pursuant to this covenant to
maintain insurance.
14.3 Additional Insured. Should the HCP commit an act of default under this
Agreement, Carter BloodCare reserves the right to require the HCP to place, and
pay the cost for, Carter BloodCare as an additional insured on all of the HCP's
applicable insurance policies.
14.4 Carter BloodCare Insurance. Carker BfoodCare agrees to maintain, at its
sole cost and expense, professional and general liability insurance coverage in the
amount of $1,000,�00 per occurrence made and $1,000,000 annual aggregate in
order ta insure Carter BloadCare against any claim for damages arising in
connection with its responsibilities under this Agreement. Carter BloodCare shafl
provide evidence af such caverage at the request of the HCP. Any modifications
or alterations of coverage during the term of this Agreement shall be
communicated to the HCP.
15. Endemnification.
15.1 Indemnification bv HCP.
(a) To the extent allowed by the Texas Constitution and the laws of the State
of Texas, the HCP hereby agrees to indemnify, defend (at Carter
BloodCare's sole option), and hold harmless Carter BloodCare and all
of its directo�s, officers, employees, and agents from all suits, actions,
claims, or cost of any character, type or description brought or made on
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account of any injuries, death, or damage received or sustained by any
person or persons or property, including patients, arising out of or
occasioned by any acts of negligence of HCP, HCP's agents or
employees whether occurring during the performance ofi the services
hereunder or in the execution of the performance of any o# its duties
under this Agreement.
(b) The parties understand and agree that Carter BloodCare is not involved
in the transfusion of Blood Components, nor is it providing transfusion
services, to the patients of the HCP. The HCP is responsible for
maintaining a qualified medical director, who is a licensed physician,
under whose supervision and directions the firansfusions take place.
Carker BloodCare has no responsibility to obtain informed consent or to
make any medical evaluation of the patient, the patient's condition, or
the appropriateness of the transfiusion. The responsibility of Carter
BloodCare is limited to t�e particular laboratory services and the Blood
Components provided. The HCP is solely responsibfe for negligent,
intentional, or unauthorized disclosure o# test results with respect to its
pafiients. Carter BfoodCare is not responsible for the quarantine and
notification duties of the HCP as set forth in Section 8.9, which are the
sole obiigation of the HCP and the physician.
(c) Carter BloodCare is not responsible for any occurrence resulfiing from
the failure of the HCP to comply with accepted standards of the FDA,
AABB and any other applicable authorities.
15.2 Indemnifiication bv Carter BloodCare. Carter BloodCare hereby agrees to
indemnify and hold harmless the HCP and all of its directors, officers, and
employees and agents from ali suits, actions, claims, or cost of any
character, type or description brought or made on account of any injuries,
death, or damage received or sustained by any person or persons or
p�operty, including patients, arising out of or occasioned by any acts of
negligence of Carter BloodCare agents or employees whether occurring
during the performance o# the services hereunder or in the execution of the
performance of any of its dufiies under this Agreement.
18. Re[ationship of Parties. NQthing contained in this Agreement shall constitute or
be construed to be or to create a partnership, joint venture or other such
relationship between the parties. This Agreement shall not constitute an
endorsement by one party of the other party to this Agreement.
17. Force Maieure. As used in this section, the term "Force Majeure" shall mean any
act of God, fire, storm, lightning, wind, tornado, flood, washout, earthquake,
landslide, war, sabotage, blockade, insurrection, riot, civil disturbance, act of
terrorism, vandalism, strike, slowdown, lockout, industrial disturbance, arrest and
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restraint of a person or persons, epidemic, explosion, breakage or accident to
machinery or equipmenfi or pipe, necessity fior making repairs or alterations to
machinery or equipment or pipe, lack of fuel or transportation #aciiities or any ofiher
cause (whether or not of the kinds enumerated) that is not within the control of ihe
party relying thereon and that could not have been avoided by such party by the
exercise of due diligence. The party affected by Force Majeure must give notice
stating t�e time of the occurrence and full particulars of the Force Majeure in
writing, to the other party as soon as possible after the occurrence of the Force
Majeure. The obligation of the party giving notice of Force Majeure shall be
suspended during the continuance of the Force Majeure event. Neither party to
this Agreement shall be liable for its inabiliiy and failure to carry out its obligations
hereunder, other than the obligation to make payments of amounts due hereunder,
when such inability and failure are caused by Force Majeure. The obligations
affected shall be suspended only during the continuance of the inability so caused,
and the party suffering such inability shall use its bes# efforts to remedy the
situation as soon as practicable.
18. Notices. All notices required hereunder shall be given as provided in Exhibit "B".
19. Nonassiqnabilitv. The HCP may not assign this Agreement without the written
consent of Carter BloodCare, and any such attempted assignment or delegation
without such consent shall be null and void and of no effect whatsoever.
20. Bindinq Effect. This Agreement shall inure to the benefit of and be binding upon
Carter BloadCare and its successors and assigns and upon the HCP and its
successors and permitted assigns.
21. Entiretv and Modification. This Agreement (together with its attachments and
exhibits) contains #he entire agreement between the parties and supersedes any
and all prior agreements and understandings, whether written or oral, No
modification to this Agreement shall be valid or effective unless fihe same is in
writing and signed by both parties.
22. Severabilitv. If any provision of this Agreement is held to be iflegal, invalid or
unenforceabie, such provision shall be deemed inoperative to the extent of its
illegality, invalidity or unenforceabiiity, but such fact shall nat affect the remainder
of this Agreement, which shall remain in full force and effect, as if such provision
had not been included herein.
23. Waiver. No delay on the part of either party hereto in exercising any right, power
or remedy that it may have shall operate as a waiver thereof, nor shall any waiver
preciude any #ur#her exercise thereof or the exercise of any other right, power or
remedy that such party may have.
24. Governinq Law: Venue; Consent to Jurisdiction,. This Agreement, and the
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rights, remedies, obligations, and duties of the parties under this Agreement, shal{
be governed by and construed in accordance wi#h, and enforced under, the laws
of the State of Texas, without giving effect to the principles of conffict of iaws of
such state. If any action is not subject to arbitration and is brough# to enforce or
interpret this Agreement, venue for such action shall be proper in Tarrant County,
Texas. The parties irrevocably {i) submit to the foregoing exclusive jurisdiction, (ii)
agree that afl claims in respect of such action or proceeding may be heard and
determined in such courts, (iii) waive, to the fuflest extent they may effectively do
so, the defense of an inconvenient or inappropriate forum to the maintenance of
such action or proceeding, and (iv) waive any defense based on lack of personal
jurisdiction of any such purpase.
25. Cautions. The captions in this Agreement have been incfuded far ease of
reference only and shall not be considered in the construcfiion or interpretation of
this Agreement.
26. Exhibits. The following documents are atfiached to this Agreement and are a
part of this Agreement. lf any exhibit is left blank there is no such exhibit and it is
not a part of this Agreement.
Exhibit "A" - Fee Schedule
Exhibit "B" - Bitling, Delivery and Notice Addresses
Exhibit "C" - Reiurn Policy
Exhibit "D" - Payment Terms
Exhibit "E" - Delivery Policy
Exhibit "F" — Pre-Hospital Transfusion Program Participafiion Rules
27. Coun#erparts. This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original and all of which shaEl together constitute
one and the same agreement.
28. Compliance with State and Federal Laws and Requlations. The parties to this
Agreement intend to comply with and have therefore structured this Agreement so
as to comply with all applicable state and federal laws and regulations, including,
bufi not limited to (i} HIPAA; (ii) The Texas Medical Privacy Act; (iii) the Federal
Fraud and Abuse Laws (42 U.S.C. § 1320a-7, 7a and 7b) and the Safe Harbor
Regulations promulgated thereunder (42 �C.F.R. Part 1001); (iv) the Stark Law (42
U.S.C. §1395nn); and {v} state faws and regulations regarding anti-kickback, fraud
and abuse and/or self referral. It is not a purpose of this Agreement to induce the
referral of patients. The parties acknouvledge that there is no requirement nor
MedStar Mobile Health Care — 2024
Pre-Hospital 7ransfusion Blood Service Agreernent Page 12
Docusign Envelope ED: 323B77DC-BD21-48BE-A477-2C42A8625EAD
payment under this Agreemen# or any agreement between ihe parties that either
party refer, recommend or arrange for any items or services paid for by Medicare,
Medicaid or any other federally funded health care program. All payments
specified in this Agreement are consisient with what the parties reasonably believe
to be a fair market value for the items provided, and the compensation payments
for the services do nat exceed that which is reasonable for the legitimate business
purposes of the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed and delivered on their behalf by their respective undersigned officers as of the
date first written above.
Carter BloodCare:
Administration
Medical Director:
�
Name:
Titfe:
B �Slgned by:
�.��.�-�.�-
y� .._��-r.: �seea.
Name:
Richard �ammon
TItIE:: �hi ef Medi cal Offi cer
MedStar Mobile Health �',�,,dbY:
Administration: B � ` �
y' rrM�;e; a�vi ir�...
Name: �rank Gresh
Ti#le: interim CEo
Signed by:
Medical Director: By: �'� � "'"( �' �°1�s� �"�
,b�UwGC
7effrey L. 7arvis, MD
Name:
Tltle: chief Medical officer
�DoeuSlgned by:
t�%.,�. Sw�r�.
—�»�w..�u�o�: 6C
g.7. Smith
chief Operating officer
MedStar Mobile Health Care — 2024
Pre-Hospital Transfusion Blood Service Agreement Page 13
Docusign Envelope ID: 323B77DC-8D21-�48BE-A477-2C42A8625EAD
EXHIBIT "A"
T(J
BLOOD SERVICE AGREEMENT
FEE SCHEDULE
Leukoreduced Red Blood Cells
Liquid Plasma
Whole Blood
B5075 GrpOWB Low Titer Anti-A/Anti-B
Delivery �ee ifi outside normal scheduled rotation:
Z2010
Z2011
Z2012
� Z2013
� Z2014
� Z2015
� Z2016
Delivery Charge — Zone 0
Delivery Charge �- Zone 1
Delivery Charge — Zone 2
Delivery Charge — Zone 3
Delivery Charge — Zone 4
Delivery Charge — Zone 5
Delivery Charge — Zone 6
MedStar Mobile Health Care — 2024
Pre-Hospital Transfusion Bfood Service Agreernent
$338.00
$ 76.00
$453.00
$171.00
$25.00 I
$35.00 �
��z.00 1
$70.00 �
$135.00 �
$181.00 �
$243.00 �
Page 14
Docusign Envelope ID: 323877DC-8D21-486E-A477-2C42A8625EAD
EXHIBIT "B"
ro
BIOOD SERVICE AGREEMENT
BILLING, DELIVERY AND NOTICE ADDRESSES
1. Biiling Address of HCP:
MedStar Mobile Health Care
2900 AI#a Mere Drive
Fort Worth, TX 7fi116
2. All Notices required shall be given as foflows:
If to Carter BloodCare: 2205 Highway 121
Bedford, Texas 76021
ATTN: B.J. Smith
Chief Operating Officer
Phone No: (817} 412-5158
Fax No: (817) 412-5991
!f to MedStar Mobile Health Care:
2900 Alta Mere Drive
Fort Worth, TX 76116
ATTN: Frank Gresh
Chief Executiwe Officer
Afl Notices shall be deemed given when received by the party to whom sent or five (5}
days after being deposited in the U.S. mail, whichever first occurs. Either party hereto
may change its address for notice andlor billing purposes by giving written notice thereof
to the other party as provided herein.
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Pre-Hospital Transfusion Blood Service Agreement Page 15
Docusign Envelope ID: 323B77DC-8D21-48BE-A477-2G42A8625EAD
EXHIBIT "C"
BLOOD SERVICE A►GREEMENT
RETURN P{aLICY
1. Red blood cells are eligible for return with credit if returned on the defined and
established day of rotation.
2. Special order Blood Components, including, but not limited to, liquid plasma and
low titer group O whole blood (LTOWB), may nat be returned,
3. Blood Components may not be returned if they have been irradiated or their
containers, fabels or seals have been aitered in any way.
4. HCP shall not be entitled to retum any Blood Components to Carter BfoodCare if
the HCP does not have and use proper storage equipment (e.g., refrigerators,
#reezers and platelet incubators, shippin.g boxes, etc,) equipped with appropriafe
temperature charting and alarm devices that operate properly, and satisfy al{ rules
and regulations of the FDA and Standards of the AABB or any other applicable
federal or state law.
5. The amount of the credifi, which HCP shall be entitled to receive from Carter
BloodCare for any Blood Component returned by HCP shall be limified to the
amount of the basic component fee charged by Carter BloodCare to HCP with
respect to such Blood Component; and shall not include the amount of any
separate delivery, laboratory, handling, speciafized service fees, or other fees or
charges paid or incurred by HCP in connection with or by reason of its acquisition
or refiurn of such Blaod Component.
6. If HCP is entitled to return a Blood Component, HCP shall so inform Carter
BloodCare. Carter BloodCare shall have the option of picking up the Blood
Component from HCP or requiring HCP to return it in a manner specified by Carter
BloodCare. in either case, HCP shall bear the cost of, and all risks associated with,
the return to Carter BlaodCare of all Blood Components; provided, however, that
HCP shall not be responsible for any loss caused by the negligence or willful
misconduct of Carter BloodCare.
7. HCP agrees to timely camplete any necessary paperwork rela#ive to the return of
any Biaod Component.
MedStar Mobile Heafth Care — 2024
Pre-Hospital Transfusion Biood Service Agreement
Page 16
Docusign Envelope ID: 323677DC-8D21-486E-A477-2C42ASB25EAD
EXHlBIT "D"
BLOOD SERVICE AGREEMENT
PAYMENT T�RMS
Carter BloodCare shall bill each month for the amount of services, blood, Blood
Components, or any miscellaneous fees it charges to the HCP. Payment is to
be made to Carter BloodCare by the HCP not later than thirty (30) days after
date of invoice ("Prompt Payments"}. No exceptions will be made unless
authorized by the proper authority at Carter BloodCare. Repea#ed failures to
make Prompt Payments may cause HCP to be in default of this Agreement.
2. If HCP should fail to pay the amounts due under this Agreemen# and Carter
employs attorneys and/or incurs other expenses in the course of the attempts
to collect and callection of the paymer�ts due under this Agreement, HCP
shall be required, on demand, to reimburse and pay fio Carter the fees of such
attorneys and such other expenses so incurred by Carter in attempting to
collect and collecting such amounts due under this Agreement.
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Docusign Envefope ID: 323B77QC-8D21-48BE-A477-2C42A8625EAD
EXHIBIT "E"
TO
BLOOD SERVICE AGREEMENT
DELIVERY ROLICY
The HCP shail cause one or more af its authorized agents, employees or representatives
(the "HCP Representatives") to receive and aceept all Blood Components requested by
the HCP and supplied by Carter BloodCare at Carter BloodCare's principal location in
Bedford, Texas. The HCP Representatives who so receive and accept Blood
Components on behalf of the HCP shall be deemed io be acting solely as agents,
empfoyees, or representatives of the HCP, and Carter BloodCare shall have no
responsibility or liability for ihe acts or omissions ofi any of the HCP Representatives.
Carter BloodCare shall deliver or cause to be delivered to the HCP, at #he addresses
listed below, the Blood Components supplied by Carter BloodCare pursuant to this
Agreement.
Primary Delivery Address of HCP:
Storage Locations of HCP:
MedStar Mobile Health Care
2900 Alta Mere Drive
Fort Warth, TX 76116
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Docusign Envefope ID: 3Z3B77DC-BD21-48BE-A477-ZC42A8625EAD
EXHIBIT "F"
PRF-HOSPITAL TRANSFUSlON PROGRAM
PART�CIPATiUM RULES
1. Leukoreduced red blood cells (LRBC) will be O Rh positive when provided, subject to
availability and adherence to the participation rules.
2. LRBC's may be returned far credi# and restocked on a pre-defined schedule, pursuant to
Participation Rules.
3. Liquid plasma will be group A when provided and may be ordered on a one-way non-
returnable basis, subject to avaiiability.
4. Low tiier group O whole blood wilf he O Rh positive and may be ordered on a one-way
non-returnable basis, subject to availability,
5. Participant must adhere to and submit evidence supporting sforage and transportation
temperature compliance for #he first six months of enroAment in the Program. Thereafter,
Participani is subject to temperature audits at biood center's discretion and at minimum
must participate in an annual audit of storage temperature, iransportation temperature
and associated documentation with the Program. LRBC's not main#ained in compliance
with the temperature requiremen#s are not returnable fior credit and will require
submission of temperature storage and transportation documentation for six additionaf
manths. During this probationary period, blood center may revoke any and all return
privileges.
a. Storage temperature requirement 1-6 degrees Celsius.
b. Transportation temperature requirement 1-10 degrees Celsius.
6. Participant must adhere and shaw evidence of campliance regarding:
a. Overview of pre-hospital transfusion program
b. Patient iden#ification and consent
c. Criteria for administration of blood and blood companents
d. Blood administration training and annual competency of personnel
e. Monitoring, management, and reparting of infectious and noninfectious adverse
events
f. Process to notify receiving hospital af pre-hospital transfusion documentation
g. Lookback and quarantine of blood and b{ood components
h. Receipt of blood and bload components
i. Storage of blood and blood companents
j. Transport of blood and bfood camponenis
k. Return of blood and blaod components to biaod cenfier
I. Dis�osition of �anused blaod and blood components
m, Record retention
n. Equipment valida#ion and maintenance
o. Deviations and quality control
*7. ParticEpant must host 1 bload drive per quarter and contribute at least 1 successful blood
donation during each quarter for each unit provided. If blood donation threshold is no#
#ul�lled, the LRBC's and/or LTOWB provided may be decreased accordingly.
*8. Ta establish initial assessrnent validiiy, participant must have a minimum trar�sport time
of 25 minutes ta a Level I or II trauma center.
*9. The Program may be terminated af any time if pa�ticipant cannot consistently comply
with the Participation Rules.
'�Apply exclusively to ground EMS pre-hospital transfusion services
MedStar Mobile Health Care — 2024
Pre-Hospital Transfusion Blood Service Agreemenf Page 19
City of Fort Worth,
Mayor and
DATE: 06/10/25
Texas
Council Communication
M&C FILE NUMBER: M&C 25-0533
LOG NAME: 36FD EMS CARTER BLOODCARE
SUBJECT
(ALL) Authorize Execution of an Agreement with Carter BloodCare to Provide Blood Components and Related Services for an Annual Amount Up
to $126,000.00 for the Initial Term and Authorize Four (4) One-Year Renewal Options for the Same Amount for the Fire Department
1:7 Xd�]uW1� �I �7� [�LA
It is recommended that the City Council authorize the execution of an agreement with Carter BloodCare to provide blood components and related
services for an annual amount up to $126,000.00 for the initial term and authorize four (4) 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 Carter BloodCare to provide blood
components and related services. The Office of the Medical Director (OMD) oversees the clinical care delivered by the Fort Worth Fire
Department in the Emergecy Management Services (EMS) system. In the delivery of advanced life support and critical care interventions in the
field, the Fire Department requires access to blood components such as whole blood, packed red blood cells, and plasma to optimize patient
outcomes during traumatic events and severe medical emergencies.
Carter BloodCare is a licensed blood center and non-profit organization that provides blood and transfusion services to hospitals and emergency
medical providers throughout Texas. Through this agreement, Carter BloodCare will supply blood components that are properly screened, labeled,
and delivered in compliance with Food and Drug Administration, Association for the Advancement of Blood & Biotherapies, and applicable
regulatory standards.
This partnership will allow the Fire DepartmenYs Emergency Management Services to ensure timely access to lifesaving blood products for
critically ill and injured patients under field resuscitation protocols.
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 agreements will begin upon execution and end one year from the date.
RENEWAL TERMS: The agreement may be renewed for four (4) 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.
Chapter 252 Exemption: This agreement was approved as exempt from competitive bidding requirements under chapter 252 as a contract
necessary to preserve or protect the public health and safety, by the Fort Worth City Attorney's Office.
This solicitation was reviewed by The Business Equity Division for available business equity prospects according to the City's Business Equity
Ordinance. There were limited business equity opportunities available for the services/goods requested, therefore, no business equity goal was
established.
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:
CSC No. 63653
F_��WORTH
�
CITY OF FORT WORTH
PURCHASE AGREEMENT
This Purchase Agreement ("Agreement") is entered into by and between Carter Blood Care
("Seller") and the City of Fort Worih, (`Buyer"}, a Texas home-rule municipal corporation,
individually referred ta as "party" and collectively as "parties".
The Purchase Agreement includes the following documents which shall be construed in the arder
of precedence in which they are listed:
1. This Purchase Agreement;
2. Exhibit A: Terms and Conditions;
3. Exhibit B: Conflict of Interest Questionnaire;
4. Exhibit C: Selier Contact Informa�ion; and
7. Exhibit D: Seller's Quote.
Exhibits A, B, C, and D, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. The Amaunt of this contract shall not exceed one hundred twenty-
six thousand dollars ($126,QOO.OQ).
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective party. Seller and Buyer have caused this Agreement to be
axecuted by their duly authorized xepresentatives to be effective as of the date signed by the
Buyer's Assistant City Manager. This Agreement may be executed by electronic signature, which
will be considered as an original signatuxe far all purposes and have the same force and effect as
an original signature. For these purposes, "electronic signature" means electronically scanned and
transmitted versions {e.g. via pdf file or facsimile transmission) of an original signature, ox
signatures electronically inserted via software such as Adobe Sign.
[Signature Page Follows]
[Rerx�ainder of Page Intentionally Left Blank]
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
�� �
By:
Name: William 3ohnson
Title: Assistant City Manager
Date: O�/ I �/�0��
APPROVAL RECONIIVEENDED:
G�� ��
By� �amPc fla�iic ( li�l 11 7(12p 1�,�.�7 CflT1
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Name: Jim Davis
Qbvonq
Trt e: Fire Chief a4FFORi°aa
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c � �000 � °�9�p
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o�Q,� o00 0 *p
aQQ TEXASoA�
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ATTEST:
,�� ,,,.�..�� A �
B \�\�I ✓1�
Y�
Name: Jannette Goodall
Title: City Secretary
SELLER:
Carter BloodCare
B f ✓" � �
Y• .
Name: BJ �mith
Title: Chief Operating Officer
Date: � � � � ` z' S
2
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsibie for the monitoring and administration of this
contract, including ensuring all performance and
reporting requirements.
By:
Name: Brenda Ray
Title: Fire Purchasing Manager
APPROVED AS TO FORM AND LEGALTTY:
�� -
�
By:
Name: Taylor Paris
Title: Senior Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 25-0533
Date Approved: b.10.25
Form 1295:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
CITY OF FORT WORTH, TEXAS
STANDARD PURCHASING TERMS AND CONDITIONS
1.0 DEFINITION OF BUYER
The City of Fori Worth, its oificers, agents, servants, authorized employees, vendors and
subcontractors who act on behalf of various City departments, bodies or agencies.
2.Q DEFINITION OF SELLER
The Carter B1oodCare, its officers, agents, servants, employees, vendors and
subcontractors, or other provider of goods and/or services who act on behalf of the entity
under a contract with the City of Fort Worth.
3.0 TERM
This Agreement shall begin on the date signed by Buyer's Assistant City Manager
("Effective Date") and shall expire on September 30, 2025, ("Expiration Date"), unless
terminated earlier in accordance with this Agreement. Buyer shall have the option, in its
sole discretian, to renew this Agreement under the same terms a.nd conditions, for up to
four (4) one-year renewal option(s).
4.0 PUBLIC INFORMATION
Buyer is a government entiiy under the laws of the State of Texas and a11 documents held
or maintained by Buyer axe subject to disclosure euider the Texas Public Information Act.
In the evant there is a request for information marked Confidential or Proprietary, Buyer
shall promptly notify Seller. It will be the responsibility of Seller to submit reasons
objecting to disclosure. A determination on whether such reasons are sufficient will not be
decided by Buyer, but by the Office of the Attorney General of the State of Texas or by a
court of competent jurisdiction. The Parties agree that nothing contained within this
Agreement is considered proprietary or trade secret infornlation and tk�is agreement may
be released in the event that it is requested.
S.0 PROHIBITION AGAINST PERSONAL TNTEREST TN CONTRACTS
No officer or emplayee of Buyer shall have a financial interest, direct or indirect, in any
contract with Buyer or be financially interested, directly or indirectly, in the sale to Buyer
of any land, materials, supplies or services, except on behalf of Buyer as an officer or
employee. Any willful violation of this section shall constitute malfeasance in office, and
any officer or employee found guilty thereof shall thereby forfeit his office or position.
Any violation of this section with the knowledge, expressed or implied, of the person or
corporation contracting with the City Council shail render the contract invalid by the City
Manager or the City Council. {Chapter XXViI, Section lb, City of Fort Worth Charter).
3
6.0 ORDERS
6.1 No employees of the Buyer or its officers, agents, servants, vendors or sub-vendors
wha act on behalf of various City departments, bodies or agencies are authorized
to place orders for goods and/or services without providing approved contract
numbers, purchase order numbers, or release numbers issued by the Buyer. The
only exceptions are Purchasing Card orders and emergencies pursuant to Texas
Local Government Code Section 252.4�2(a){1), {2), or {3). In the case of
emergencies, the Buyer's Puxchasing Division will place such orders.
6.2 Acceptance of an arder and delivery on the part of the Seller without an approved
contract number, purchase order number, or release number issued by the Buyer
inay result in rejection of delivery, return of goods at the Se11er's cost and/or non-
payment.
7.0 SELLER TO PACKAGE GOODS
Seller will package goods in accordance with good commercial practice. Each shipping
container shall be clearly and permanently marked as follows: (a} Seller's name and
address: (b) Consignee's name, address and purchase order or purchase change order
number; (c) Container number and total nun�ber of containers, e.g., box 1 of 4 boxes; and
(d) Number of the cantainer bearing the packi�g slip. Seller shall bear the cost af packaging
unless otherwise provided. Goods shall be suitably packed to secure lowest txansportation
costs and to canfortn to requirements of common carriers and any applicable specifcations.
Buyer's count or weight shall be final and conctusive on shipments not accompanied by
packing lists.
8.0 SHIPMENT UNDER RESERVATTON PROHIBITED
Seller is not authorized to ship the goods undea� resexvation, and no tender of a bill of lading
will operate as a tendec of goods.
9.0 TITLE AND RISK OF LOSS
The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives
and takes possession of the goods at the point or points of delivery after inspection and
acceptance af the goods.
10.0 DELIVERY TERMS AND TRANSPORTATI�N CHARGES,
Freight terms shall be F.O.B. Destination, �'reight Prepaid and Allowed.
�
11.0 PLACE OF DELIVERY
The place of delivery sha11 be set forth in the "Ship to" block of the purchase order,
purchase change order, or release order.
12.0 RIGHT OF INSPECTION
Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller
shall be responsible for all charges for the return to Seller of any goods rejected as being
nonconforming under the specifications.
13.0 INVOICES
13.1 Seller sha�l subrnit separate invoices in duplicate, on each purchase order or
purchase change order after each delivery. Invoices shall indicate the purchase
order or purchase change order number. Tnvoices shall be itemized and
transportation charges, if any, shall be listed separately. A copy of the bill of lading
and the freight waybill, when applicable, should be attached to the invoice. Seller
shall mail or deliver invoices to Buyer's Department and address as set forth in the
block of the purchase order, purchase change order or release order entitled "Ship
to." Payment shall not be made until the above instruments have been submitted
after deiivery and acceptance of the goods and/or services. Invoices must be either a
PDF or TIFF format and emailed to sunalierinvoicesn,fortworthtexas.eov. The invoice
shaEi contain: 1) The CSCO; 2} Department Purchase Order Number; 3) PeopleSaft
Contract Number; 4) Department Business Unit Number; S) Address where
service%ommodity was delivered.
13.2 Seller shall not include Federal Excise, State or City Sa1es Ta�c in its invoices. The
Buyer shall furnish a tax exemption certificate upon Seller's request.
12.3 Payment. All payment terms shall be "Net 3� Days" unless otherwise agreed to in
writing. Before the lst payment is due to Seller, Seller shall register for direct
deposit payments prior to providing goods and/or services using the forms postec�
on the City's website".
14.0 PRICE WARRANTY
14.1 [Intentionally Deleted]
15.0 PRODUCT WARRANTY
[Intentionally Deleted]
16.0 SAFETY WARRANTY
[Intentionally Deleted]
5
17.0 SOFTWARE LICENSE TO SELLER
If this purchase is for the license of software products and/or services, and unless othez wise
agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive,
nontransferable, royalty free license to use tlae software. This software is "proprietary" to
Seller, and is licensed and provided to the Buyer for its sole use for purposes under this
Agreement and any attached work orders ar invoices. The Buyer may not use or share this
software without perznission of the Seller; however, Buyer may make copies of the
software expressiy for backup purposes.
18.0 WARR.A►NTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY
18.1 [Intentionally Detetedj
19.0 OWNERSHIP OF WORK PRODUCT
[Intentionally Deleted]
20.0 CANCELLATION
Buyer shall have the right to cancel this contract immediately for default on all or any part
of the ttndelivered portion of this order if Seller breaches any of the terms hereof, including
warranties of Seller. Such right of cancellation is in addition to and not in lieu of any other
remedies, which Buyer may have in Iaw or equity.
21.0 TERMINATION
21.1 Written Notice. The purchase of goods under this order nnay be terminated in whole
or in part by Buyer, with or without cause, at any time upon the delivery to Seller
of a written "Notice of Termination" specifying the extent to which the goods to be
purchased under the order is terminated and the date upon which such termination
becames ef%ctive. Such right of tertnination is in addition to and not in lieu of any
other termination rights of Buyer as set forth herein.
21.2 Non-Aubrobriation of Funds. In the event no funds or insufficient funds are
appropriated by Buyer in any fiscal period for any payments due hereunder, Buyer
will notify Seller of such occurrence and this Agreement shall terminate on the iast
day of the fiscai period for which appropriations wer� received without penalfy or
expense ta Buyer of any kind whatsoever, except as to the portions of the payments
herein agreed upon for which funds have been appropriated.
21.3 Duties and Obli�ations of the Parties. Upon termination of this Agreement for any
reason, Seller sha11 only be compensated for items requested by the Buyer and
delivexed prior to the effective date of termination, and Buyer sha11 not be liable for
any other costs, including any claims for lost profits or incidental damages. Seller
C�
shall provide Buyer with copies of a11 compieted or partially completed documents
prepared under this Agreement. In the event Seller has received access to Buyer
Information or data as a requiremeni to perfor�xx services hereunder, Seller shall
return aIl Buyer provided data to Buyer in a machine-readabie format or other
format deemed acceptable to Buyer.
22.0 ASSIGNMENT / DELEGATION
No interest, obligation or right of Selier, including the right to receive payment, under this
contract shall be assigned or delegated to another entity without the express written consent
of Buyer. Any attempted assignment or delegation of Seller shall be wholly void and totally
ineffective for all purposes unless made in canformity with this paragraph. Prior to Buyer
giving its consent, Seller agrees that Seller shall pravide, at no additional cost ta Buyer, all
documents, as determined by Buyer, that are reasonable and necessary to verify Seller's
legal staius and transfer of rights, interests, or obligations to another entity. The documents
that may be requested include, but are not limited to, Articles of incorporation and related
amendments, Certificate of Merger, IRS Form W-9 to verify tax identification number, etc.
Buyer reserves the right to withhold all payments to any entity other than Seller, if Seller
is not in compliance with this provision. If Selier fails to provide necessary information in
accordance with this section, Buyer shall not be Iiable for any penalties, fees or interest
resulting therefrom.
23.Q WAIVER
No claim or right arising out of a breach of this eontxact can be discharged in whole or in
part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by �consideration in writing and is signed by the aggrieved party.
24.0 MODIFICATIONS
This contract can be modified ox rescinded only by a written agreement signed by both
pa.rties.
25.0 THE AGREEMENT
In the absence of an otherwise negotiated contract, or unless stated othexwise, the
Agreement between Buyer and Seiler shall consist of these Standard Terms and Conditions
together with any attachments and exhibits. This Agreernent is intended by the parties as a
final expression of their agreement and is intended also as a complete and exclusive
statement of the terms of their agreement. No course of prior dealings between the parties
and no usage of trade shall be relevant to supplement or explain any term used in this
Agreement. Acceptance of or acquiescence in a course of performance under this
Agreement shall noi be relevant to determine the meaning of this Agreement even though
the accepting or acquiescing party has knowledge of the perfoxmance and oppartunity for
objection. Whenever a term defined by the Uniform Commercial Code (UCC) is used in
this Agreeinent, the definition contazned in the UCC shall control. Yn the event of a conflict
7
between the contxact documents, the order Qf precedence sha11 be these Standard Terms
and Conditions, and the Seller's Quote.
2b.0 APPLICABLE LAW / VENUE
This agreement shall be governed by the Uniform Comnnercial Code wherever the term
"Uniform Commercial Code" or "UCC" is used. It sha11 be construed as meaning the
Uniform Commercial Code as adopted and amended in the State of Texas. Both parties
agree that venue for any litigation arising from this contract shall be in Fort Worth, Tarrant
County, Texas. This contract shall be governed, construed and enforced under the laws of
the State of Texas.
27.0 INDEPENDENT CONTR.ACTORtSI
Seller shall operate hereunder as an independent cantractor and not as an officer, agent,
servant or employee of Buyer. Seller sha11 have exclusive control of, and the exclusive
right to control, the details of its operations �ereuncier, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, employees,
vendors and subcontractors. The doctrine of respondent superior shail not apply as between
Buyer and Seller, its officers, agents, employees, vendors and subcontractors. Nathing
herein shall be consirued as creating a partnership or joint enterprise between Buyer and
Seller, its officers, agents, employees, vendors and subcontractors.
28.0 LIABILITY AND INDEMNIFICATION.
28.2 GENERAL INDEMNIFICATIDN - SELLER HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARtY1LESS AND DEFEND BUYER, ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYE�S, FROM AND
AGAINST ANY AND ALL CLAIliVIS OR LAWSUITS OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER
PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR
LOSS TO SELLER'S BUSINESS AND ANY RESULTING LOST PROFITS)
A1VD/OR PERSONAL INJURY, .INCLUDING DEATH, TO ANY AND ALL
PERSONS, ARISING OUT OF OR IN CUNNECTI4N WXTH THIS
AGREEMENT, TO THE EXTENT CA USED BY THE NEGLIGENT ACTS OR
OMISSIONS UR MALFEASANCE OF SELLER, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
29 SEVERABTLITY
In case 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 provision of this agreement, which agreement
8
shall be construed as if such invaiid, illegal or unenforceable provision had never been
contained herein.
30 FISCAL FUNDING LTMITATION
In the event no funds or insufficient funds are appxopriated and budgeted in any fiscal
period for payments due under this contract, then Buyer will immediately notify Seller of
such occurrence and this contract shall be terminated on the last day oithe fiscal period for
which funds have been appropriated withaut penalty or expense to Buyer of any kind
whatsoever, except to the portions of annual payments herein agreed upan for which funds
shall have been appropriated and budgeted or are otherwise available.
31 NOTICES TU PARTIES
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, or (2} received by the other pariy by United States
Mail, registered, return receipt requested, addressed as follows:
TO BUYER:
City of Fort Worth
Attn: Purchasing Manager
100 Fort Worth Trail
Fort VJorth, TX 76102
With copy to Fort Worth City
Attorney's Office at same address
32 NON-DISCRIMINATION
TO SELLER:
Carter B1oodCare
BJ Smith, Chief Operating Officer
2205 Highway 121 Bedfard, TX
76021
Facsimile: 817-412-5991
Seller, for itself, its personal representatives, assigns, sub-vendors and successoxs in
interest, as part of the consideration herein, agrees that in the performance of Seller's duties
and obligations hereunder, it shall nat discrirninate in the treatment or employment of any
individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATiON OF THIS NON-DISCRIMINATI�N
COVENANT BY SELLER, ITS PERSONAL REPRESENTATIVES, ASSIGNS,
SUB-VENDORS OR SUCCESSORS IN INTEREST, SELLER AGREES TO
ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND BUYER AND
HOLD BUYER HARMLESS FROM SUCH CLAIM.
33 IMMIGRATION NATIONALITY ACT
Seiler shall verify the identity and employment eligibility of its employees who perform
G7
work under this Agreement, including completing the Employment Eligibility Verification
Form (I-9}. Upan xeqnest by Buyer, Seller shall provide Buyer with copies of alI I-9 forms
and supporting eligibility documenta�ion for each employee wha performs work under this
Agreement. Seller shall adl�era to all Federal and State laws as well as establish appropriate
procedures and controls so that no services wili be pexformed by any Seller e�nployee who
is not legally eligible to perfarm such services. SELLER SHALL INDEMNIFY BUYER
AND HOLD BUYER HARMLESS FROM ANY PENALTIES, LIABILITIES, OR
LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY SELLER,
SELLER'S EMPLOYEES, SUBCQNTRACTORS, AGENTS, OR LICENSEES.
Buyer, upon written notice to Seller, shall have the right to immediately terminate this
Agreement for violations of this provision by Seiler.
34 HEALTH, SAFETY, AND ENVIR4NMENTAL REQUIREMENTS
Services, products, rnaterials, and supplies provided by the Seller must meet or exceed all
applicable health, safety, and the environrnental laws, requirements, aa�d s�andards. In
addition, Seller agrees to obtain and pay, at its own expense, for ail licenses, permits,
certificates, and inspections necessary to provide the praducts or to perform the services
hereunder. Seller shall indem.nify Buyer from any penalties or liabilities due to violations
of this provision. Buyer shall have the right to immediately terminate this Agreement for
violations af this provision by Seller.
35 LINKED TERMS
If the attached contains a website link to terms and conditions, the linlced tertns and
conditions Iocated at that website link as of the effective date of the Agreement shall be the
linked tec�nns and conditions. To ihe extent that �e linked terms and conditions conflict
with any provision of either this Agreement, the provisions contained within this
Agreement shall control. If any changes are rnade to the linked terms and conditions after
the date of the Agreement, such changes are hereby deleted and void. �'urther, if Selier
eannot clearly and sufficiently demonstrate the exact terms and conditions as of the
effective date of the Agreement, ail of the linked terms and conditions are hereby deleted
and void.
36 RIGHT TO AUDIT
The Parties agree that they shall, until the expiration of three (3) years after final payment
under this contract, or the final conclusion of any audit commenced during the said three
years, have access to and the right to examine at xeasonable times any directly pertinent
books, documents, papers and records, including, but not limited io, all electronic records,
of the other Party involving transactions relating to this Agreement at no additional cost to
the requesting party. The Parties agree that each shatl have access during normal working
hours to all necessary facilities and shall be provided adequate and appropriate work space
in order to conduct audits in compliance with the provisions of this section. The Party
requesting access to records shall give the other areasonable advance notice of intended
10
audits. The Parties' right to audit, as described herein, shall survive the termination and/or
expiration of this Agreement.
37 DISABILITY
In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA),
Seller warrants that it and any and all of its subcontractors will not unlawfully discriminate
on ihe basis of disability in the provision of ser'vices to general public, nor in the
availability, terms and/or conditions of employnzent for applicants for employment with,
or employees of Seller or any of its subcontractors. Seller warrants it will fully comply
with ADA's provisions and any other applicable federal, state and local taws concerning
disability and will defend, indemnify and hold Buyer harmless against any claims or
allegations asserted by third parties or suhcantractors against Buyer arising out of Seller's
and/or its subcontractor's alleged failure to cornply with the above-referenced laws
concerning disability discrimination in the performance of this Agreement.
38 DISPUTE RESOLUTION
If either Buyer or Seller has a claim, dispute, or other matter in yuestion for breach of duty,
obligations, services rendered or any warranty that arises under this Agreement, the parties
shall first attempt to resolve the matter through this dispute resolution process. The
disputing party shall notify the other party in writing as soon as practicable after
discovering the claim, dispute, or breach. The notice shall state the nature of the dispute
and list the party's specific reasons for such dispute. Within ten (10) business days of
receipt of the notice, both parties shall make a good faith effort, either through email, mail,
phone conference, in person meetings, or other reasonable means to resolve any claim,
dispute, breach or other matter in question that may arise out o% or in connection with this
Agreement. If the parties fail to resolve the dispute within sixty (6Q) days of the date of
receipt of the notice of the dispute, then the parties may submit the matter to non-binding
mediation upon written consent of authorized representatives of both parties in accordance
with the Industry Arbitration Rules of the American Arbitration Association or other
applicable rules governing mediatian then in effect. If the parties submit the dispute to non-
binding mediation and cannot resalve the dispute through mediation, then either party shall
have the righfi to exercise any and all remedies available under law regarding the dispute.
39 PROHIBITTON ON CONTRACTING WITH COMPANIES THAT BOYCOTT
ISRAEL
If Seller has fewer than 10 employees or this Agxeement is for less than $100,000, this
section does not apply. Seller acknowledges that in accordance with Chapter 227'1 of the
Texas Government Code, Buyer is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and {2) will not boycott Israel during the term of ihe
contract. By signing this Agreement, Seller certifies that Seller's signature provides
11
written verification to Buyer that Seller: (1 } does not baycott Israel; and {2) will not boycott
Israel during the term oi the Agreement.
40 PROHIBITION ON BOYCOTTTNG ENERGY COMPANIES.
Seller acl�owledges that in accordance with Chapter 2276 of the Texas Government Code,
Buyer is prohibited from entering into a contract for goods or services that has a value of
$100,000 or more that is ta be paid wholly or partly from public funds of the City with a
company with 10 or moxe full-time employees unless the contract contains a written
verification i'rom the company that it: (1) does not boycott energy connpanies; and (2) will
not boycott energy companies dwring the term of the contract. To the extent that Chapter
2276 of the Government Code is applicable to this Agreement, by signing this Agreement,
Seller certifies that Seller's signature provides written verification to the City that SelIer:
(1) does not boycott energy companies; and (2) will not baycott energy companies during
the term of this Agreement.
41 PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNIT�ON
INDUSTRIES. �
Selier acknowledges that except as otherwise pravided by Chapter 2274 of the Texas
Government Code, Buyer is prohibited from entering inio a contract for goods or services
that has a value of $1�0,000 or more that is to be paid wholly or partly from public funds
of the City with a connpany with 10 or mare full-time employees unless the contract
contains a wriiten verification from the company that it: { 1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade
association; and {2) will not discriminate during the ternz of the contract against a firearm
entity or firearm trade association. To the extent that Chapter 2274 of the Government
Code is applicable to this Agreement, by signing this Agreement, Seller certifies that
Seller's signature provides written verification to Buyer that Seller: (1) does not have a
practice, policy, guidance, or directive that discriminates against a firearm entity or firearm
trade association; and (2) will not discriminate against a firearm entity or fireatm trade
association during the terin of this Agreement.
42 INSURANCE REOUIREMENTS
39.1 Covera�e and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,004,000 - Each occurrence on a combined single limit basis
12
Coverage shall be on any vehicle used by Seller, its employees, agents,
representatives in the course of providing services under this Agreement.
"Any vehicle" shall be any vehicle owned, hired and non-owned.
(c} Worker's Compensation or Statutory Coverage:
Statutory limits according to the Texas Workers' Compensation Act or any
other state workers' compensation laws where the work is being perfornaed
Employers' tiability
$100,000 - Bodily Tnjury by accident; each accidendoccurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Injury by disease; policy limit
(d) Pxofessional Liability (Errors & Omissions):
$1,000,000 - Each Claim Limit
$1,004,000 - Aggregate Limit
Professional Liability coverage may be provided thxough an endoxsement
to the Commercial General Liability (CGL) policy, or a separate policy
specific to Professional E&Q. Either is acceptable if coverage meets all
other requirements. Coverage shali be claims-made, and rnaintained for the
duration of the contractual agreement and for two (2) years following
completion af services provided. An annual certificate of insurance shall he
submitted ta Buyer to evidence coverage.
39.2 General Reauirements
(a) The commercial general liability and autamobile liabifity policies
sha11 narne Buyer as an additional insured thereon, as its interests may
appear. The term Buyer sha11 include its emplayees, officers, officials,
agents, and volunteers in respect to the contracted services.
(b) The workers' compensation, or equivaleni coverage, policy shall
include a Waiver of Subrogation (Right of Recovery) in favor of Buyer.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction
in limits of coverage shall be provided to Buyer. Ten (10) days' notice shall
be acceptable in the event of non-payment oipremium. Notice shall be sent
to the Risk Manager, Buyer of Fort Worth, 100 Fort Worth Trail, Fort
Worth, Texas 76102, with copies to the Fort Worth City Attorrzey at the
same add�ress.
13
{d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have reasonable iinancial
strength and solvency to the satisfaction of Risk Management. Tf the rating
is below that required, written approval of Risk Management is required.
{e) Any failure on the part of Buyer to request required insurance
documentation shall not constitute a waiver of the insurance requirement.
(� Certificates of Insurance eviciencing that Seller has obtained all
required insurance sha11 be delivered to the Buyer prior to Seller proceeding
with any work pursuant ta this Agreement.
14
EXHIBIT B— CONFLICT OF INTEREST QUESTIONNAIRE
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person
who contracts or seeks to contract far the sale or purchase of property, goods, or services
with a iocal governmental entity (i.e. The City of Fort Worth) must disclose in the
Questionnaire Form CIQ ("Questionnaire") the person's affiliation. or business relationship
that might cause a conflict of interest with the local governmental entity. By law, the
Questioruiaire must he filed with the Fort Worth City Secretary no later than seven days
after the date the person begins contract discussions or negotiation.s with the Buyer, or
submits an application or response to a request far proposals or bids, correspondence, or
another writing related to a potential agreement with the Buyer. Updated Q�estionnaires
must be filed in conformance with Chapter 176.
A copy of tlie Questionna.ire Form CIQ is enclased with the submittal documents. The form
is also available at httn://www.ethics.state.tx.us/forms/CIO.udf.
If you have any questions about compliance, please consult your own legal counsel.
Compliance is the indivzdual responsibility oi each person or agent of a person who is
subject to the filing requirement. An offense under Chapter 176 is a Class C misdemea►�or.
NOTE: Tf yon are not aware of a Conflict of Interest in any business relation.ship that
you might have with the Buyer, state Seller name in the # 1, use N/A in each of the
areas on the form. However, a signature is required in the #4 box in all cases.
�5
CC�NFLICT OF INTEREST 4UESTl4NNAiRE
For vendor doing business with local govemmental entity
7his quasNonnaire reflects cttanges mede ta the law try H.B. 23, 8At1► Leg., Regular Session.
This questionnaire i� being filed in a�cordance with Chapter 176, Local Govemmeni Code,
by a vendorwha h�s a business relationship as define� by Section 176.d01(1-a) witf� a locat
gavernmentai e�6ty and tE�e vendor meets requiremants �nder Section 176.046(a).
By iaw this questiorm�ire nzust be filed with the records administrator of the local govemmental
entity not later than the 7th business day afler the date ihevendor becornes aware of factS
that require the statement to be filed. See Sectian 176.006{a-1 j, Local Govemment Code.
A vendar commits an offense if the vendor knawingly violates Secban 176.066, Local
Government Code.An otfense underthis section is a misdemeanor.
J Name ot vendor who has a buslness reiationshlp wlth local govemmental entlty.
�� r-�- � � i� 1 � �:� ;,� Cc� {'�=
J I I Check thls box H you are ffling an update to a prevlously ttled questtonnalre.
u
FORM CI(�
t)FF10E US'� �dLY I
Dato Aoc�n+ed
(The law raquires that you Cile an updated compl�4�d questionnaire with the appropriate tiling authoriry not
Ialer than the 7th business day after the date on wf�ch yau became aware that the originally filgcf 4ue�tionnaire was
mcomplete or inaccurate.l
3
Name oi local government oHicar aGout whom the Iniorr�tion tn thls sectton is beUig dlsclosed.
Name oi O�cer
This section (it�m 3 in�luding subparts A, B, C, 8 D) must be completed for eaah offiicer with wham fhe vendor has an
empfoyment or other business relationship as defined by Section 176.001(1-ai. local Govemment Code. Atiach add'Aiona{
pages to thls Form CIQ as necessary.
A. Is fhe local govemment officer »arned in this section receimg or ldcely to receive iaxable inaome, other than investment
mcome, fram the vendor�
� Yes �No
B. ts the venda recsiwng or likety to receive taxable mcome, other than investmen! income, from or att�ra direction o1i�e local
govemment oHicer named in this section ANO the taxable u7come is not rsceived tram Ihe local govenunental entiry?
aYes � No
G. Is the (der of this qeaesiionnaire employed by a corporahon or other business entiry with respect io which the local
govemment officer serves as an oHicer or director, or holds an ovrrrership Interest of one percent or more�
� Yes �No
D. descnbe each employment or business and family rekafior^iship wiEh the Ixal government o�car named 'tn Ih�s section.
�
_ ���• - �
, -- � r n��j
Signature ot ve�lor domg busin�s wrth tne gavernmental enhty
�- 1)-�.5`
Date
Adoptea 8�7�2015
15
EXHIBIT C- SELLER CONTAeT INFORMATION
Seller's Name: f _.G � �- (�� �� ! D�:�A ( _�i fs
Seller's Local Address: � � j� ,� � ,� �,,,b� �� / Z /� �� ��� ��,� � f -T k %dc'> Z 1
Phone: � i� r� �°Z - S�l.� C� Fax: �t 7- �) I Z- S�� �i �
Email : � S Sv✓1 �`' �` h� C_G f� C? �' .� � o� �� C�,.. f A � f�
Name of persons to contact when placing an order or invoice questions:
Name/Title �% i S����� f/� � �f �'/'�
Phone: � j 7-�� 2-.S-7od Fax:
E�xzail : � 5 C'� 1'� � +� S Q �,r '�--r- r � in �� �-�t ('c, ,�'i� , �l r c3
Name/Title
Phone:
Email:
Name/Title
Phone:
Email:
Fa�c:
Faac:
` �� L-� c���'►/1 r0 �' '�i �% - � � " 7.�
Signature Printed Name Date
17
EXHIBIT D — SELLER'5 QUOTE
BLOCID SERVICE AGREEMENT PRE-
HOSPITAL
2025 FEE SCHEDULE
Low Titer Group O whole Blood
Leukoreduced Red Blood Cells
Liquid Plasma
Delivery Fee if outside normal scheduled rotation:
Z2Q10
Z2011
Z2Q12
Z2413
Z2014
Z2Q15
Z2Q16
Delivery Charge — Zone 0
Delivery Charge — Zone 1
Delivery Charge — Zone 2
Delivery Charge -- Zone 3
Delivery Charge — Zone 4
Delivery Charge -- Zone 5
Delivery Charge — Zone 6
$629.OQ
$354.00
$ 79.00
$25.00
$36.00
$53.00
$72.00
$'! 39.00
$186,00
$250.00
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
18
City of Fort Worth,
Mayor and
DATE: 06/10/25
Texas
Council Communication
M&C FILE NUMBER: M&C 25-0533
LOG NAME: 36FD EMS CARTER BLOODCARE
���1-3�1X��
(ALL) Authorize Execution of an Agreement with Carter BloodCare to Provide Blood Components and Related Services for an Annual Amount Up
to $126,000.00 for the Initial Term and Authorize Four (4) One-Year Renewal Options for the Same Amount for the Fire Department
1:7Xd�7�'ildil�►1�7_��[�7►ii
It is recommended that the City Council authorize the execution of an agreement with Carter BloodCare to provide blood components and related
services for an annual amount up to $126,000.00 for the initial term and authorize four (4) 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 Carter BloodCare to provide blood
components and related services. The Office of the Medical Director (OMD) oversees the clinical care delivered by the Fort Worth Fire
Department in the Emergecy Management Services (EMS) system. In the delivery of advanced life support and critical care interventions in the
field, the Fire Department requires access to blood components such as whole blood, packed red blood cells, and plasma to optimize patient
outcomes during traumatic events and severe medical emergencies.
Carter BloodCare is a licensed blood center and non-profit organization that provides blood and transfusion services to hospitals and emergency
medical providers throughout Texas. Through this agreement, Carter BloodCare will supply blood components that are properly screened, labeled,
and delivered in compliance with Food and Drug Administration, Association for the Advancement of Blood & Biotherapies, and applicable
regulatory standards.
This partnership will allow the Fire DepartmenYs Emergency Management Services to ensure timely access to lifesaving blood products for
critically ill and injured patients under field resuscitation protocols.
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 agreements will begin upon execution and end one year from the date.
RENEWAL TERMS: The agreement may be renewed for four (4) 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.
Chapter 252 Exemption: This agreement was approved as exempt from competitive bidding requirements under chapter 252 as a contract
necessary to preserve or protect the public health and safety, by the Fort Worth City Attorney's Office.
This solicitation was reviewed by The Business Equity Division for available business equity prospects according to the City's Business Equity
Ordinance. There were limited business equity opportunities available for the services/goods requested, therefore, no business equity goal was
established.
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:
F�R�`��RTH��
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Carter Bloodcare
Subject of the Agreement: Addendum No. 1 CSC 63653
CSC No. 63653-AD1
M&C Approved by the Council? * Yes ✓❑ No ❑
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No ✓❑
If �so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes ❑✓ No ❑
If unsure, see back page for permanent contract listing.
Is this entire contract Confidential? �Yes ❑ No ✓❑ Ifonly specific info�mation is
Confide�tial, please list what information is Confzdential and the page it is located.
Effective Date: Aug 22, 2025 Expiration Date:
If �diffe�ent fr�om the approval date. If �applicable.
Is a 1295 Form required`? * Yes ❑ No ✓❑
�`If so, please ensu�e it is attached to the approving M&C or attached to the contract.
Proj ect Number: If applicable.
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes ❑✓ No ❑
Contracts need to be routed for CSO processin� in the followin� order:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is regui�ed and if the info�mation is not p�ovided, the contract will be
returned to the depa�^tment.