CARDINAL HEALTH 110, LLC - M.M.C.A.P. INFUSE CONTRACT #MMS1900113A CONTRACT AWARD SHEET INSTRCUTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTACINED HEREIN IS AVAILABLE IN THE
PURCHASING SECTION OF OUR WEBPAGE AT:
www.hialeahfl.gov
CITY OF HIALEAH
CONTRACT AWARD
PURCHASING DEPARTMENT
CITY OF HIALEAH CONTRACT: M.M.C.A.P. INFUSE CONTRACT #MMS1900113
DESCRIPTION: MEDICAL SUPPLIES IN PARTICULAR, EMERGENCY MEDICAL MEDICATION FOR EMERGENCY CALLS
CONTRACT PERIOD: 10/25/2022- 10/31/2023
SECTION #1 – VENDOR AWARD
Name: CARDINAL HEALTH 110, LLC Name:
Contact: Contact:
Phone: 1-866-739-4754 Phone:
Fax: Fax:
E-mail: E-mail:
Name: Name:
Contact: Contact:
Phone: Phone:
Fax: Fax:
E-mail: E-mail:
SECTION #2 – AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES
CITY COUNCIL APPROVED ON: 10/25/2022, ITEM II AMENDED AMOUNT:
RESOLUTION NO: INSURANCE REQUIREMENTS:
ANNUAL CONTRACT AMOUNT: $50,000.00 PERFORMANCE BOND:
APPLICABLE ORDINANCES:
Notes:
SECTION #3 – REQUESTING DEPARTMENT
CITY OF HIALEAH, DEPARTMENT OF FIRE
Contract Administrator: Chief Willians Guerra
Phone: 305-883-6900
SECTION #4 – PROCURING AGENCY
CITY OF HIALEAH, DEPARTMENT OF FIRE
Contract Administrator: Chief Willians Guerra
Phone: 305-883-6900
Prepared by: Marilin Gutierrez
-1
r
\1EM#J=I
OCT 2 5 2022
supporting documents are due the Monday of the week prior to the City Coun • ,..,....,....,.~
Date of Request:
Requesting City Department:
Requested Council Meeting
Date:
Action Requested from the
City Council:
Scope of service(s) or
product(s):
Vendor:
Exp e nditure Amount:
October 14, 2022
Hialeah Fire Rescue Departmen
October 25, 2022
~ssue a purchase order
D Increase a purchase order
D Award a bid
D Bid No.
D Reject a bid
D Bid No.
D Special Events Permit
D Street Closure
Medical supplies in particular, emergency medi cal medication for
emergency calls
Cardinal Health Distribution
Total -$50,000.00
i ·.
Funding Source (i.e., account
funding the expenditure):
Purchasing Process:
Operating Supplies Medical -001 .2000.522.521
D Competitive Bidding
D An exception to competitive bidding applies:
D Professional services in the nature of
consultants, accountants and attorneys
D Sole source provider
D Emergency based on object facts
D Credit facilities
~Competitive bidding is not required because the City
is utilizing a bid that has been awarded or under
contract by state, county or other governmental
agencies.
r&_ Jitle of state, county or other governmental
V ~gencies contract:
Minnesota Multistate Contracting Alliance
for Pharmacy MMCAP
D Piggy -back contract expiration date:
D Waive Competitive Bidding
D Reason(s) it is not advantageous to the City to
utilize competitive bidding:
t n
Signatures:
Department Head
r of Finance Management
r
Esteban Bovo, Jr.
Mayor
Carl Zogby
Council President
Monica Perez
Council Vice-President
October 14 , 2022
Mayor Esteban Bovo, Jr.
and City Council members
501 Palm Avenue
Hialeah, Florida 33010
City of Hialeah
Dear Mayor Bovo & Council members:
Council Members
Bryan Calvo
Vivian Casals-Munoz
Jacqueline Garcia-Roves
Luis Rodriguez
Jesus Tundidor
The Charter of the City of Hialeah states that contracts in amounts greater than $15,000.00 shall be awarded
on the basis of specifications and formal sealed bids. The Council may award a contract to the lowest
responsible and responsive bidder, or it may reject all bids and re-advertise; or it may waive competitive
bidding when it finds it to be in the best interest of the City.
In accordance with the City of Hialeah Code Section 2.818 (e) (I) State, county or other governmental
agency bids or contracts: Whenever advantageous to the city, the city may utilize bids that have been
awarded or under contract by the state, county or other governmental agencies . If the city utilizes state,
county or other governmental agency bids, competitive bidding will not be required.
I am respectfully requesting approval to piggyback bid governmenta l contract (Minnesota Multi-State
Contracting Alliance for Pharmacy (M.M.C.A.P. Contract #MMS24001) with Cardinal Health 110, LLC,
7000 CARDINAL PLACE DUBLIN, OH 43017 (vendor #13724) for the purchase of pharmaceuticals,
vaccines and medical supplies. "This is an Active Corporation in good standing in State of Florida." The
cost is not to exceed 50,000.00
This request is to be funded from account #001-2000-522-521 (Operating Supplies Medical).
Your consideration of this request will be greatly apprec iate d.
34-.
Willians Guerra
Fire Chief
Hialeah Fire D epartment
l 0 iq 2i>'2 2
Date
~sapproved :
~Disapproved :
Finance Ma nageme nt Date
50 1 Palm Aven ue, Hi a leah, F lorida· 330 10 -47 19
www.hi aleahfl .go v
D '2... / t..L
Date
MMCAP ~
MMCAP Infuse Contra ct #MMS1900113
Pharmaceutical Prime
Wholesaler Services Contract
~NFUSE ··: • MMCAP Infuse
T his Contract is between the State of Minnesota, acting through its Commissioner and the state agency MMCAP Infuse
("State" or '·MMCAP Infuse·') and Cardinal Health 110. LLC and Cardinal Health 112, LLC whose designated business
address is 7000 Cardinal P!ace. Dubii n. Ohio 43017 (collectivei y. ·wHOLESALER'l
R t>r ilals
1. Pursuant to Minnesota Statutes Section 16C.03. the Com missioner of Administr a tion may enter into this Contract on
behalf of Ml\.1CAP Infuse for the benefit of its members.
2 . MMCAP Infuse is a group purchasing organization as defined in 42 U.S.C. § 1320a-7b(b)(3J(c) and maintai ns that it is
structured to comply with the requiremen ts oi the Safe Harbor regulations regarding payments to group purchasing
organiz ations set forth in 42 C .F .R. § 1001.952(j). MMCAP Infuse consists of government-run faci lities and contracts
for pha rmaceuticals and health care products and services for members· use .
3. The Wholesaler wishes to c ontract witil MMCAP Infuse to provide pharmaceutical wholesaler distribution services to
distribute contract and no n-contract pharmaceL1t1cals , OTCs. nutritionals , vaccines (ot her than influenza vaccines ),
diabetic supplies. and o t her products to MMCAP Infuse Members.
4. The WHOLESALER represents that it is duly qualified and agrees to perform ali services d escribed in this Contract to
the satisfaction of MMCAP Infuse.
Contract
1. Term of Contract and Exhibits
1.1 Effective date : November 1, 2019. or t he date MMCAP Infuse obtains all requ i red signatures under Minn. Stat.
§ 16C.05. subd. 2. whichever is later. The WHO LESALER must not begin work under this Contract until
this Contract is fully executed and t he WHOLESALER has been notified by MMCAP lnfus e's Authorized
Re prese ntative to beg i n the work.
1.2 Expiration date: October 3 1, 2021. or unti l all obliga tion s have been satisfact orily f ulfilled, whichever occurs fi rst.
The Contract m ay be extended for up to an additional thr ee (3) ye ars . at increments determined by MMCAP
Infuse. on written acceptance by bot h parties. fo r a total term not to exceed five (5) years.
1.3 Survival of terms . The foll ow ing clau ses survive the e xpi ra t ion o r cance llation of this Contract: 2. Definitions; 5 .
Fees and Payment; 6. Conditions of Payment; 9. Notic es: 10.4. Member-required Participation Agr eem ent (state
terms): 13. Indemnification; 14. Audits : 15. Government D ata Practices: 16. Intellectual Property and Data Rights:
20. Publici ty and Endorsement; 21. Governing Law , Jurisdic tion. and Venue ; 22. Antitrust: 23 . D ata Di sclosure:
and 35. Severability:
1.4 Exhibits. The following exhibits are a ttached and incorporated into this Contract, and are set forth in t heir o rder
of precedence:
1.4.1 Attachment A. Scope cf Work
1.4 .2 Attachment B , Fees
1.4.3 Attachment C , Service Fee Discount Matrix (Cost o f Goods Discounts/Payment terms)
1.4.4 Attachment D, Wholesaler Saleable Returns Poli cy
2. Definitions
To the extent tha t they do not diminish . derogate , or o therwise modif y the express la nguage set fo rth in th is Contract,
the definitions set forth in any exhibits or attachments , as attached an in corporated h erein , shall apply to the Contract
document.
3. Time
The WHOLESALE R m ust comply with all th e time requirements descri bed in this Contract. In the perform ance of this
Contract, time is of the essence.
4. Wholesaler's dutie s
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MMC AP In fuse Contract #MMS1900113
The WHOLESALER. who is not a State employee. will perform the duties specified in Attachment A which are
a tt ached and incorporated into this Contract.
5. Fees and Payment
5. 1 Fees. Subject to A ttac hment C , as attached and incorporat ed herein. all ch anges to the MMCAP Infuse Service
Fee Discount Matrix will be communicated to M MCAP Infuse in writing with a minimum of seven (7) business
days· notice prior to the effective date of the cha nges. W H O L ESALER service fees may only change on a
quarterly or less frequent basis.
5.2 Additional Fees. Su bject to Attachment B , no fee, percentage, or other cos t may be added to t he prodlicts
purchased under th is Contract unle ss the fee. percen t age. or cost is defined and appmved in w riting by MMCAP
Infuse and a formal amendment is exe cuted.
5.3 Federal funds. Payments under this Con tract may be made from federal funds. T he WHOLESA LER is
responsible for compliance wi th all f ederal requirements imposed on these funds and accepts full financial
responsibilit y for any requirements imposed by the W H OLESAL ER's fa ilure to comply with federal requi rements.
5.4 Each individual MMCAP Infuse Member, as applicable and as allowabie under law, will pay an y fees.
surcharges, taxes. or assessments d irectly related to the sale and/or distrib u tion of pharmaceutical products
("Pharmaceutical Fees"). W HOLESALER may only apply P harmaceuti cal Fees to MMCAP Infuse Members ln
the jurisdiction where the applicable Pharmaceutical F ee was enacted. T o avoid all doubt among t11e part ies. for
an exam ple. if the s tate of Blackacre enacts a Pharmaceutica l Fee. W HO LESAL ER may only assess the
Pharmaceutical Fee to MMCAP In fuse Members located i n , or otherwise doing business in. th e state of
Blackacre. All Pharmaceutical Fee s must be assessed by W H OL ES A LER as a separate line-item on t he invoice
to the purchasing MMCAP Infu se Member and w ill not be included in any P rod uct or Service pricin g: except in
instances where certai n other fees or taxes are automatically applied to the Product or Service co st
6 . Conditions of payment
A ll services provided by the W H OLESALER under this Contr act must be performed to the satisfaction of MMCAP
Inf use and the MMCAP Infuse Member, and in accordance with al l applicable federal. s tate. and local laws.
ordinances, rules , and regu lations . The WHOLESA LER will not receive payment for work found by MMCAP Infuse
(as directed by the MMCAP Infuse Member) to be unsatis factory or performed in violation of federal. state, or local
law.
7. Ordering and Purchase Orders
As a condition for purchasing under this Contract. purchasers must be MMCAP In fuse Members in good standing w ith
MMCAP Infuse, as defined in Article 10.
7 .1 Purchase Orders. MMCAP Infuse Members may use thei r own forms for Purchase Orders. To the extent that
the terms of any form conflict w ith the terms of this Contract. the terms of this Contract supersede. Each
MMCAP Infuse Member wi ll be respon s ib le for payment for services provided to that MMCAP In fuse Member
by WHOLESALER: th e MMCAP Infuse Office w iil have no liability for any unpaid i nvoice o f an y M MCAP Infuse
Member or Facility. WHOLESALER agrees t o invoice the MMCAP Infuse Member for services provided as
specified in Attachment B , Fees and/or Attach ment C , Service Fee Discount Matrix. W HOLESALER will accept
El ectronic Funds Transfer (E FT ) as a payment modality. At time of new account set up, the MMCAP Infuse
Member will initiat e this process with its bank.
7 .2 Funds available and authorized/non-appropriation. By submitting a Purchase Order the MMCAP Infuse
Member represents it has sufficient funds currently available and authorized for expenditure to finance the
costs of the Purch ase Order.
7.3 Term i nation of Individual Pur chase Orders. MMCAP In fuse Members may ter minate individu al Purchase
Orders, in whole or in part , immediately upon notice to W HOLESALER. or at s uc h later date as the MMCAP
Infuse Member may establish in su ct1 notice, upon t11e occurrence of any of the following events:
Page i 2
(i)T he MMCAP Infuse Member fails to receive funding. or appropriati ons. limita tions or other expenditu re
al1 thority at l evels sufficient to pay for the goods to be purchased under the Purchase Order:
(ii) Federal or state laws, reg ulations or guidelines are modified or interpreted in such a way that e ither t he
purchase of goods u nder the Purchase O rder is prohibited or the MMCAP Infuse Member is prohibited from
paying for such goods from the plann ed fun ding source: or
(iii) If WHOLESALE R or MMCAP Infuse Member commits any material breach of this Contract or a Purchase
Order. MMCAP Infuse may terminate the individual Purchase O rder Upon receipt of written noti ce of
termination, the pa rty(ies) w ill stop performance under the P urchase Order as d irected by the MMCAP Infuse.
WHOLESALER or MMCAP Infuse Member may effect an earl y te rmination of an individual MMCAP Infuse
Member Purchase O rder upon the occurrence o f a materia l breach by the other party. The non-breaching party
m ust give written notice to the breaching party of the nat u re a nd occurrence of such breach. If th e breach is
not c ured by ihe expiration of thirty (30) calendar days from the date of such notice, or if the b r eaching party
(
r
7.4
MMC AP Infuse Contrac t #MMS190011 3
has not m ade reasonable e fforts to effect the cure if th e breach cannot reasonably be cure d w ithin such thirty
(30) calendar day period. tt1en the non-breaching party may. in addition to any and all oth er r ig hts er remedies it
may have, provide wn tten notice to the breaching party that the Pu rc hase Order will be te rm inated immediately
followi ng the expi ration of such th irty (30) calenda r day pe riod.
Tern1i11a tion of a standi ng Purch ase Order does not ex tingui sh or prej udice the MMCAP Infuse Member"s right
to enforce such P urchase O rder with respect to WHOLESALER's breach of any warranty or any d efec t in or
def au lt of W HO LESA L ER's performa nce under such Purchase Order th at has not been cured, in clud ing any
right of the MMCAP Infuse Member to indemnification by W HO LESALE R or enforcement of a warranty. If a
st anding Purchase Order is term inated, the MMCAP Infus e Member mu st pay W HOLE SALER in accordance
w ith the term s of this Contract fo r goods delivered and acce pted by the MMCAP Infuse Member.
Jurisdiction and Venue of Purchase Orders. Up on completion o f the Dispute Resolution process outlined in
Articl e 36 th is Contract. and solely wi th th e prior wri tte n consent of MMCA P Infuse and the Staie of Minnesota
Attorn ey Genera l's Office , the MMCAP Infuse Me mber may bring a clai m , actio n, suit or p roceeding against
W HO LE SALER. The MMCAP Inf use Member's requ est to MMCAP Infuse to bring the claim , action, suit. or
proceeding must state the in itia ting party's desired j un sdiction, v en ue and governing law.
Upon completion of the Dispute R esolu tion process outlined in this Contract. the WHOLESA L ER may bring a
c iaim , action , suit or proceed ing aga inst MMCAP Inf u se Member, in W HOLESALE R's sole discretion.
As 1t applies to p urc hases made by a MMCAP lniuse Member . no thing in the Contract will be const rued to
deprive t he MMCAP Infuse Member of its sovereign imm unity, or of any legal requ ire ments , prohibitions .
prote ctions, exclusions or limitations of liabi lity applying to this Contract or aiforded by the MMCAP Infuse
Partici p ating Faci lit ies' law.
8. Aut horized Repr esentative
MMCAP lnfuse's Au thorized Representative is Ms . Debra Lopez-Burandt, MMCAP Infuse Wl1o iesaler Coord inator,
112 Ad m inis tration Building . 50 Sherburn e Avenue, St. Paul , MN 55155. 651 -201 -3053 , Q?br~[~A:
bura ndt@state.mn.us o r he r successor or designee. and has the responsibility to monitor the W HO LE SALER's
performance and the authority to accept the services provided under th is Contr act. If the services are sati sfactory,
MMCAP lnfuse's Authorized Representa tive will certify acceptance on each invoice s ubmitted for payment.
The WHOLES A LER's A uthorized Representative is Wendy Sease, Directo r , State G overnment al the follovvi ng
business address and te lephone number: 7000 Ca rdinal Place. Dublin. OH 43017 , 651 -247-0695
Wendy.Sease@cardinal health .com . or hisl he r successor. If the W HOLESAL ER's Authorized Represent ative changes
at any time during this Contract, the W H OLESAL ER mus t immediately notify MMCAP Infuse .
9. Notices
If one party is required to provide legal notice or notice under the terms of the Contract to t he other , such notice will be
in wri tin g and will be effective upon dispatc h. Delivery shall be by certified United States mail, or by email or facsimile
transm ission provided the rece ipt of the tra nsmission is con fi rmed by the receivin g party. Either pariy must notify the
other of a cha nge in address for notification purposes. All notices shou ld be addressed as follows :
MMCAP Infu se Wholesaler Coordinator
MMCAP Infuse
112 Administration Building
50 Sherburne Avenue
St. Pa ul, MN 55155
Fax: 651-201-3053
1 O. MM CAP Infuse Members
SVP . Nationa l Accounts
W ith a copy to: Gen eral Counsel
Cardinal Health 110, L LC
Card inal Health 112. LLC
7000 Cardinal Place
Dublin , O H 43017
10.1 Membership Listing. MMCAP Infuse will provide W H OLESAL ER a complete listing of all MMCAP Infuse
members. which i s password protected and published at MMCAP lnfuse's website . MMCAP Infuse reserves
the righ t to add and remove MMCAP Infuse Members during the Tenn of this Contract.
10.2 New Members . The WHOLESALER must al low new MMCAP lnft;se Members that j oin MM CAP Infuse to
access to the Contract. As new MMCAP Infuse Members are added to MMCAP Infuse, MMCAP Infuse will
provide WHOLESALER with monthly e-mail notices announcing that a new MMCAP Infuse Members hi p List
has been posted on line . If new states are added as MMCAP Infuse Members and opt to participate i n this
Contract, the new MMCA P Infuse Member state will sel ect a wholesaler to service the MMCAP Infuse
Members. In the event one or more of said facilities are currently using anothe r MMCAP In fuse -contracted
wholesaler. said faci lity will be al !owed to choose if it will transit ion to WHOLE SALE R.
10.3 Ve r ification of Auth o r ized Purchaser s . Upon request of MMCAP Infuse , WHOLESALER m ust verify that it
provides services and pri cing under this Contract only to MMCAP Infuse Members.
10.4 M ember -requ i r e d Pa rtic ipa t ion A g ree m e nt (MPA). In order to access this Contract some MMCAP Infuse
Page i 3
MMCAP Infuse Contract #MMS1900113
Members require 1urisdiction-specific additional paperwork or contract language. WHOLESALER may be
required to r e vi ew a n MMCAP Infuse .. Member Participating Agre ement" (MPA) to amend this Contract to
provide for laws specific to a state or !ocal jurisdiction. If these circumstances ex ist. the W HOLESALER must
work with MMCAP Infuse and the MMCAP Infuse Member to prepare an MPA to set forth the additional or
altered terms and conditions. An MPA must clearly appl y only to the requesting location and will n ot affect the
rights of ti1e other MMCAP Infuse Members. nor will it modify , derogate. or otherwise diminish the rig h ts and
obligations set forth herein , except in regard to the applicable named MMCAP Infuse Member. When the
specific terms are agreeable to th e W HOLESALER and the MMCAP Infuse Member, the M PA will be presented
to each party for execution W HOLESALER m ust not sign any member documents w ithout pr ior MM CAP Infu se
review and approva l. The MPA. wil l o nly apply to the requesti ng Member and must be signed in the fo llowing
order: W HO LE SALER, MMCAP Infuse Member. and then MMCAP Infuse.
W HOLESALER is not required to agree to any additional terms ; howe ver . b y not ag re eing to the MPA,
W HOLESALER may be p re clud e d from doing business with that MMCAP Infuse Member. No verba l or written
instructions from MMCAP Infuse Members, or any of their staff or officials , to cha nge any provision of this
Contract w ill b e accepted by W HOLESALER without the prior written approval of MMCAP Infuse.
W HOLESALER w i ll im mediately report any s uch re ques ts to the MMCAP Infuse Authorized Repre sentative
who will issue approval or denial in writing .
In the event a MMCAP Infuse Member requires a fee be added to the Contract p rice (e .g., member levied
procurement fee or system use fee j . that fee must be added on top of the MMCAP Infuse-con tracted pricing.
W HO LESALER may not absorb the fee. WHOLESALER must not pay a member le vi ed fee without first
collecting the fee th rough increased service costs . T h e fees wi ll be set aside and paid to the tvlMCAP Infuse
Member as detailed in the specific MPA.
10.5 Covenant of Laws. WHOLE SALER s hall comply with ali st ate and federal laws , as applicable to each Member
State. in th e performance o f this Contract.
11. Contract Transition. Pursuant to the transi tion check list. as set forth in Att achment A :
11 .1 Cu rrently Contracting with MMCAP Infuse Members. If the tvlMCAP Infuse Member is currently contracted
with the WHOLESALER for the s ervices or su bstant ially similar services, a s set forth in Attachment A and has
selected W HOLESALER for thi s Contract , WHOLESALER shall trans ition each MMCAP Infuse Memb er from
the existin g contract (and existing contract terms) to this Contract (and its terms) on the effective date of this
Contract.
11.2 Currently Not Contracting w ith MMCAP Infuse Members . If the MMCAP Infuse Member 1s not currently
contracting w ith the W HOLESALER for the or substan tia ll y s imilar services, as set forth in Attachment A, a nd
has select ed WHOLESALER for this Contract. WHOL ESALER shal l transition each M MCAP Infuse Member to
thi s Contract (and its terms ), on th e effective date of this Contract. If due to selection process delays th at
further im pact the transition p rocess set forth in Attachment A , WHOLESAL ER shall transition the MMCAP
Infuse Member on the 1st day o f the mo nth following the completion of the tra nsition process.
11.3 Transitions . Tra nsition from an existing contract to this Contract must occur on t he 1st day of a m onth. a nd no
other day, unless there is written approval from MMCAP In f use.
11.4 Cooperation. In completing this transition , W HOLESALER shall work with MMCAP Infuse Staff and MMCAP
Infuse Members to determ ine the appropriate steps and schedule, subject to the above. for the transit io n .
W HO LESAL ER acknowledges that th e transition may be dependent upon the terms of the existin g contracts
and subject to the notice provisions contained therei n.
12. Assig nment, amendments, waiver, and contract complete
12 .1 Assignment. T l1 e W HOL ESALER may neither assign nor t ransfer any rigi1ts or obligations under t11is Contract
w it hout th e prior consent of MMC AP Infuse , which consent shall not be unreasonably withheld. and a ful ly
executed assign ment ag ree ment, executed and approved by the same parties who executed and approved this
Contract . or their successors in office. MMCAP Infuse may not assign or transfer any rights or obligat ions
under this Contract to any enti ty outside the Sta te of Minn esota executive bran ch , withou t the prior consent of'
W HOL ESALER , which consen t sha ll not be unreason ably withheld , and a fully executed assignment
agreement. executed and approved by the same parties who executed and approved this Contract. or their
successor s in office.
12.2 Amendments. A ny amendment to t hi s Contra c t must be i n writing and wi ll not be effective until it has been
executed and approved by the same pa rties w ho executed and ap proved the ongi nal Contraci. or th eir
successors in office.
12 .3 Extraneous Ag reements. The W HO LESALER shall not enter into any additio nal agreement, w ith an y
MMCAP Infuse Member, arising from this agreement for si milar servic es, or amend this agreement in any way,
without the written authorization of M MCAP lnfuse's managi ng director.
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MMCAP Infuse Contract #MMS1900113
12.4 Waiver. If either party fai ls to enforce any provision o f this Contract. that failure does not waive the provision or
its righ t to enforce it.
12 .5 Counterparts and Electronic Si gnature. T he Contract cannot be execut ed in counterparts and will not be
enforceable until MMCAP Inf use has obtained all required signatures. If requested by MMCAP In fuse and
W HOL ESALER expressly agree to conduct transactions under the Contract by electronic means (including.
without lim itation. with respect to execution . delivery, storage and transfer of thi s Contract by electronic means
and to the enforceability of th is e lectronic agreement . MMCAP Infuse will be deemed to have control of the
authoritative copy for the electronic transferable record, in each case regardless of whether applicabie law
recogni zes electronic tra nsferable records o r control o f e!ectronic transferable records and regard less of
whether this Contract is an electronic record or transferable record.
12.6 Contract complete. T his Contract contains al l n egotiations and agreements between MMCAP Infuse and the
W HO LESALER. No other understanding regarding this Contract, whether wri tten or oral. may be used to bind
either party.
1 3 . Indemnification
In the performance of this Contract by W HOLESALER. or \IVHO LESALER's agents or employees. the W HOLESALER
m ust indemn ify, save. and hold harmless MMCAP Infuse. MMCAP Infuse Members, in c luding their agents. and
employees harmless from any claims or causes of action. including attorney's fe es arising out of the performance of
th is Contract. to the extent caused by WHOLESALER's:
a) Inten tional. willful , or negligent acts or omissions;
b) A ctions that give rise to strict lia bility; or
c) Breach o f contract or warranty.
The indemnification obligations of this section do not apply in the event the claim or cause oi act ion is the result of the
MMCAP lnfuse·s n egligence. This clau se will not be construed to bar any legal remedies the WHOLESALER may
have for the MMCAP lnfuse's fa ilure to fu lfill its obligation under th is Contract . Pu rs ua nt to the Minnesota Constitution
Article XI Section 1, MMCAP Infuse cannot indemnify the W H O LESALER.
EXCEPT FOR PRODUCTS MAN UFACTURED BY (A) WHOLESALER: (B ) AN AFFILIATE OR SUBSID IARY OF
W HO LESALER; OR (Ci PARENT O F W HOL ESALER: W HOLESALER DISCLA IMS ALL WARRANT IES, EXPRESS
OR IM P LIED, INCLUDIN G ANY WARRANTY OF MERCHANTABILITY, NON-I NFRIN GEMENT OR FITNESS FO R A
PART ICULAR PURPOSE. IN NO EV ENT WILL W HOLE SALER BE LIABLE T O THE STATE . MMCAP INFUSE, AN Y
MMCAP INFUSE MEMBER OR A N Y MMCAP INFUS E PARTICI PATING FACILITY FOR ANY INCIDENTA L .
CO NSEQUENTIA L OR S PEC IAL C LAIMS , LIABILITIES OR DAMAGES.
W HOLESALER wil l transfer to MMCAP Infuse and MMCAP Infuse Member (on a non-exclusive basis) any
representations and warranties made by the manufacturers of the products to the extent that such representations
and warranties are ass ig nable by WHOLESALER, and wiil cooperate w ith all reasonable requests , at no cost to
W HO L ESALE, made by MMCAP Infuse and/or MMCAP Infuse Member to enforce s uch representations and
warranties against such manufacturers. Notwithstanding a n ything to the contrary herein. WHOLESALER reserves its
own rights under such representations and warranties made by such manufacturers and the remedies ava ilabie to it
for any breach of such representations and warranties by the manufacturers.
14. Audits
14.1 State Audit. Under M inn. Sta t.§ 16C.05, subd. 5, the WHOLESALER's books. records , documents , and
accounting procedures and practices relevant to this Cont ract are subject to exam111ation by the State, MMCAP
Infuse, and/or the State Auditor or Legislati ve Auditor, as appropriate, for a minimum of six (6) years from the
end of this Contract. This c lause extends to MMCAP Infuse Member Facilities as it relates to busin ess
conducted with and sa les to that Member Facility.
14.2 Invoice and Pricing Audit. MMCAP Infuse and MMCAP Infuse Members served by this Contract may
periodically audit WHOLESALER to determine the validity of invoice pricing. Each individual MMCAP lnfl1se
Member may a ud it no more tl1a n twice in any twelve (12) montti period following sixty (60) day's advance
w ritt en notice to WHOLESALER. Such a udits may be cond ucted only during ordi nary business hours. Subject
to applicable government data practices law(s}, a ny such review will be limited to twelve { 12) months of
historicai information as of the date of suc h review begins and w ill be subject to a c onfidentiality agreement.
prepared by WHOLESALER and signed by MMCAP Infuse and its ernployee(s) who will have a ccess to the
information prior to beginning the review.
14.3 Costs. WHOL ESALER, MMCAP Infu se. and MMCAP Infuse Members shall each be res ponsible for its own
costs associated with any audit, including costs related to the production of records and/or other documents
requested by the o ther party.
1 5. Government data practi ces
Page ! 5
MMCAP Infuse Contract #MMS1900113
15.1 Data Practices Act. T he WHOLESALER and MMCAP Infuse must comply wi th the Minnesota Government
Data Pract ices Act . Minnesota Statutes Chapter 13. as it applies to all da ta provided by the MMCAP Infuse
unde r this Contract. and as it applies to a ll data created . collected, received . stored. used . maintained. or
d issernin atecl by the W HO LESALER under this Contra ct. T he civil remedies of Minn. Stat. § 13.08 apply to the
release of the data governed by the Minnesota Government Practices Act . Minnesota Sta tutes Chapter 13. by
either the W HO LESALER or the MMCAP Infuse.
15 .2 Notification . If the W HOLE SALER receives a request to release th e data referred to in thi s clause, the
W HOL ESALER must immediately notify and consult wi th MMCAP lnfuse's A uthorized Representative as to
how the WHOLESALER should respond to the req uest. The W HOLE SALER's response to the request shall
comply with applicable la w.
As may be requi red under Mi nn esota law, W HOLE SA LE R agrees to indemnify, save, and hoid the State of
Minnesota . its agent and employees . harmless from all claims arising ou t of. resulting from , or in any manner
attributable to any violation o f any provision of the Minnesota Government Data Practices Act, includ ing legal
fees and disbursements paid or incurred to enforce this provision of the Contract15.3 Release of MMCAP
Infuse data . Except as may be required by Minnesota Data Pra ctices Act. M inn. Stat. Ch. 13 , or as provided in
Section 13. WHO LESALER shal l not rel ease to any third party any MMCAP Infuse customer data, sa les
transaction data. DE N HIN information. contract prici ng. EDI transaction data , reverse distribution data, or
payment data .
16. Intellectual Property and Data Rights.
16.1 MMCAP Infuse Ownership. MMCAP Infuse owns all ri gl1ts. title , and inte rest in MMCAP Infuse customer data ,
sales tra nsaction da ta. DE NHIN information (subj ect to third -pa rty ri ghts). contract pricing , EDI transaction data ,
reverse distributi on data. and paym ent data , including copyri ghts and trad e secrets contained tilerein. MMCAP
Infuse gran ts to W HOLESALER an un limi ted , non-revocable , nontra nsferable , fu lly paid license, for the term of
this Contract, to (ij re lease state specific data to an MMCAP In fuse Member's State primary contact: (ii) re lease
any of the above data to product man ufacturers. when necessary for the performance of this Contract or as
req ui red by W HOL ESALE R's agreements wi th such product manufacture rs; (iii) to release any of the above data
to other MMCAP In fuse-approved th ird parties , when necessary for the performance of this Co ntract ; (iv) to
provide MMCAP Infuse Member purchase data to aggregators, includ ing IMS Hea lth and N DC Health. subject to
W HO LESALER's reasonable efforts to requ ire such data aggregators to protect any ide ntifiable data from
discovery by anol r1er third party: and (v) to provide MMCAP Infuse Member purchase data to o ther group
purchasing organizations of wh ich the MMCAP Infuse Member is a lso a member, provided such data wili not
incl ude MMCAP Infuse-identifiable data. Any MMCAP Infuse identifiable data provided hereunder to a third party
rnust identify the da ta as MMCAP Infuse data and su bj ect to Minn. Stat. Ch . 13. To the extent permitted by la w.
W HOL ESALER hereby agrees th at in the event that MMCAP Infuse or an MMCAP Infuse Member requests in
w riting tha t its purchase data be kept confidential. SLiCh data wil l not be provided to third party aggregators.
16.2 WHOLESALER Ownership. W HO LESALER owns all rights, title, and interest to any aggregated data not
identifiable as arising from th is Co ntract and any other intellectual property created for or presented to MMCAP
Infuse. WHOLE SALE R grants to MMCAP Infuse an unlimited , non-revoc able, non-transferable . full y paid .
perpetual license. to use all intellectual property created for or presented to MMCAP Infuse u nder this Contract.
'16.3 Pre-Existing Intellectual Property. MMCA P Infuse and WHOLESAL ER shall each re tai n ownership of, and all
right and , title and interes t in and to. their respective pre -existing intel lectual property. WHOL ESALER gr ants to
Sta te an unlimited , royal ty-free. paid up, perpetua l , non -exclusive , irrevocable , non-transferable license to use
and modify any pre-existing WHOLESALE R intel lectual property, including marketing materials and materia ls
contained in solicitatio n responses provided by WHOLE SALER to MMCAP Infuse or an MMCAP Infuse
Member. The aforementioned license is solely for use by MMCAP Infuse and MMCAP Infuse Members. and
their agents related to an internal business or governmental purposes.
16.4 Intellectual Property Warranty and Indemnification. Except as otherwise set forth below, WHOLESALER
warran ts that. any materials . software or products p rodu ced by W HOLESALER will not in fri nge upon or violate
any patent. copyright. trade secret , or any other proprietary right of an y th ird party. In the event of any such claim
by any thi rd party against MMCAP Infuse, MM CAP Infuse will promptly notify W HOL ESALER. WHOLESALER ,
a t its own expense . will indemnify; defend to the extent permitted by the Min nesota Attorney General's Office.
and hold harmless MMCAP In fuse aga ins t any loss , cost, expense , or liability (including reasonable legal fees )
a rising out of sucl1 a claim . whe ther or not such claim is successfu l against MMCAP Infuse .
16.4 .1
Page ! 6
If such a claim has occurred. or in t he WHOLESALER's opin ion is likely to occur , the W HO LE SALER
will either pro cu re for MMCAP Infuse the rig ht to co ntinue using the n1aterials or products or
replacement or modified materia ls or products. If an option satisfactory to MMCAP Infuse is not
reasonably available, MMCAP Infuse will return the materials or prod ucts to the W HOLESALER, upon
16 .4 .2
MM CAP Infuse Contract #MMS1900113
wri tten request of the W HOLESALER and at the W HOLESALER's expen se. This remedy is in addition
to any other rem ed y provid ed b y law.
In the event of a third party cla im of infri ngement by any material , software or pro duct provided by
WHOLESALER or utilized by W HOLESALER in the performan ce of this Contract , but p ro<.1uced by a
t11i rd party, WHOLESALER's indemnification obli9ations set forth in Sect ion 13.4 shall apply to the
extent tha t the thi rd party"s indem nifica tion obligation lo the W HOLESALER is ava ilable lo MMCAP
Infuse or WHO LE SALER will assist MMCAP In fuse in tender of such claim directly to the manufacturer
or such material , software or product.
17 . Insurance Requirements
17 .1 WHOLE SALER shall not com mence work under t he Contract until they have obtained all !lie insurance
described be low. WHOL ESALER shall maintain such insurance in force and effect throug hout the term of the
Contrac t.
17 .2 WHOLESALER is required to maintai n and f urn ish sati sfacto1y evidence of the following insurance policies :
Page i 7
17 .2.1 Workers' Compensation Insurance: Except as provided below, WH OLESAL ER must provide
Workers' Compensation insurance for all its employees and , in case any work is subcontracted ,
W HOLESALER wi ll require the su bcontractor to provide Workers' Compensation insura nce in
accordance with the statutory requiremen ts of the State of Mi nnesota , inc luding Coverage B,
Em ployer's Liabi lity. Insurance minimum limits are as follows:
$100 ,000 -BorJil y Injury by Disea se per employee
$500,000 -Bodily Injury by Disease aggrega te
$100.000 -Bodily Inju ry by A cci den t
If Minnesota Statute 17Ci.041 exempts W HOLESALER from Workers ' Compensation insura nce or if
the W HO LE SALER ha s no employees in the State of Minnesota , WHOLESAL ER must provide a
written statemen t, signed by an authorized representa tive. indicating the qualifying exemption that
excl udes W HOLESALER from the Minnesota Workers ' Compensation requirements .
If during t11 e cou rse of the Contract the WHOLESALER becomes el igible for Workers' Com pensation ,
th e W HO LE SALER must comp ly with the Workers' Compensa tion Insura nce requirements herein and
provide MM CAP Infuse with a cert ifi ca te of insu rance.
17.2.2 Commercial General Liability Insurance: W HOLESALER is requ ire d to maintain insurance protecting
it from cl aims for damages for bod ily injury. includ ing sickness or disease, death , and for care and loss
or services as well as from cl aims for proper1y damage, incl uding loss of use which ma y arise from
services uncler the Con tract whether t he services are by the WHOLESALER or by a subcontractor or by
anyone d irectly or indirectly employed by t11e W HOLESAL ER under the Contract. In surance mi nimum
limits are as follows :
$5 ,000,000 -pe r occurrence
$5,000.000 -an nua l a9gregate
The following coverages sha!I be included:
Premises and Operations Bodily Injury and Property Damage
Persona l and Adverti sin9 Injury
Bl anke t Contractual Li abilit y
Other; if appl icable, please list--.--------------,-
MMCAP Infuse named as an Add itiona l Insured , to the extent permitted by law
17 .2.3 Products and Completed Operations Liability Insurance
WHOLE SALER is required to maintain Products/Compl eted Operations L iabil ity Insura nce.
WHOLESALE R !llay self-insure or self-admi nister all or a portion of the required insurance. and to the
ex tent th e W HOLESALE R does self-i nsure , suc11 insurance wi ll not be deemed io exceed the scope of
coverage and /or limits th at would have been provided in an actual policy of insura nce tha t satisfies this
insura nce requirements . In sura nce minimum limi ts are as follows:
$5,000.000 -per occurrence
$5.000,000 · an nu al aggregate
MMCAP Infuse Contract #MMS1900113
17 .2.4 Network Security and Privacy Liability Insurance, Including Ransomware (or equivalent):
WHOLESALER is re quired to ma intain insurance to cover clai ms whic h may arise from negligent
failure of W HOLESALERS's secu rity resulting in , but not limited to. c omputer attacks. unauthorized
access, disclosure of confidential or private information . transm is sion o f a malicious code or denial of
service.
In surance minimum limits are as follows:
$2.000,000 -pe r claim
$2,000 .000 -annual ag gregate
'17 .2.5 Professional/ Technical, Er rors and Omissions, and or Miscellaneous Liability Insurance:
This poli cy will provid e cove rage for all claims th e W HOLE SALE R may becom e legall y obligated to
pa y re sulting from any actual or alleged neg ligent act. error . or omission re lated to th e
WHOLESALER 's profess ional services required under the Contract.
Insurance min imum limits are as fo llo ws:
$2,000.000 -per cl aim
$2,000,000 -annual aggregate
Th e re troactive or pri o r acts date of such coverage are not to be after the effective date of th is
Con tract and the WHOLE SALER is to maintain sucl1 insura nce fo r a period of at least three (3) years ,
following th e comp letion of the contracted work . If such insurance is discontinued, extended report ing
period coverag e must be o btai ned by th e W HOLE SALER to fulfill this requ irement.
17 .2 .6 Commercial Automobile Liability Insurance: WHOLESALER is required to maintain insurance
pro tecting it from claims for damages for bodily inju ry as well as from claims for property damage
resu lti ng from the ownership, operation , maintenance or use of all owned , hired, and non-owned autos
wh ich may ari se from ope rat ions under this Co ntract. and in case any work is su bcontra c ted the
W HOLESALER will req uire the subcontractor l o ma intai n Commercial Automobi le Li ability insurance.
Insurance minimum limits a re as follows:
$2 ,000.000 -per occurrence Combined Sing le limit for Bod ily Injury and Property Damage
In add ition , the following coverages should be included:
Owned, Hired . and Non -owned Automo t.iile
17.3. Additional In surance Conditions:
Page i 8
17 .3. 1 An y dedu ctible or retention will be the sole responsibility of th e WHOLESALER.
17.3.2 W HOLESALER's policy(ies) shall be primary and non-contributory to any other va li d and collectible
insurance avail able to MMCAP Infuse w ith respect to any clai m ari s ing ou t of W HOLESALE R's
performa nce under thi s Contract;
If WHOLESALER receives a ca ncella tion notice fr om an in surance carrier affording coverage herein ,
W HO LESAL ER agrees to endeavor to notify MMCAP Infuse w ithin ten (1 0 ) b usin ess days with a
copy of the ca ncellation notice, unless WHOLESALE R's policy(ies) con tain a p rovi sion that co ve rage
afford ed unde r the policy(i es ) will not be ca ncelled with out at least th irty (30) ca lendar days advance
wri tten notice to MMCAP Infuse;
W HOLESA LER is responsible for payment of Contra ct re lated insurance premiums and
deductibles/retentions;
If WHOLESALE R is se lf-insured . a notif ica tion o f Seif-ln suranGe m ust be attached :
W HOLE SA L ER's policy(iesi shall in clude legal defense fees. where appli cable.
(
17.4
MMCAP Infuse Contract #MMS1900113
WHOLESAL ER shall obtai n i nsurance policy(ies) from insurance cornpany(ies) having an .. AM
BE ST" rat ing of A-(minus); Financial Size Category (FSC) V II or better, and aut11orized to do
business in t he Sta te of Minnesota; and
An Umbrella or Excess Liability insurance policy may be used to supplement the W HO LESALER's
policy l imits to satis fy the full policy limi ts required by the Con tract.
MMCAP Infuse reserves the right to immediate ly term inate the Cont ract if the W H OL ESALER is not in
co mpliance with the in su rance requirements and re tains all rig hts to pursue any legal remed ies against the
WHO LESALER. Upon pursu it of any s uc h lega l remedies. all insurance policies must be open to inspection by
the State, and copies of policies must be su bmitted to MMCAP lnfuse's au thorized representative .
17 .5 The WHOLE SALER is requ ired to submit Certificates o f Ins urance acceptable to MMCAP Infuse as evidence of
ins urance coverage requi rements pri or to commencing work under the Contract.
18. Debarment by Stat e, i ts departments, commissions. agencies, or political subdivisions
(
W HO LESALE R warrants and certifies that neith er it nor its pri ncipals are presen tl y debarred . suspended , proposed
for debarment, declared ineligible. or volunta rily excluded from programs o perated by the State of Minnesota. the
United States federa l government, or any MMCAP Infuse Member Faci li ty; and h as not been convicted of a criminal
offense related to the subject of this Contract. WHOLE SALER furt11er wa rrants that it w ill provide immedi ate written
notice to the MMCAP Infuse A uthorized Representative if at any time it learns t hat this certification was erroneous
when submitted or becomes erroneous by reason of changed circumstan ces.
19. Certification regarding debarment. suspension , ineligibility, and voluntary exclusion
Federa l money w ill be used o r may potentia ll y be used to pay for all or part of the work under the Contra ct, tl1 erefore
W HO LE SALE R certifies that it is in compliance with federal requirements on debarment, suspensi on. ineligibility and
vo luntary exclusion specified in the solicitation document implementing Executive Order 12549. W HO LESALER's
certifi catio n is a material represe nta ti on upon which th e Contract award was based.
20. Publicity and endorsement
20 .1 Publicity. Any publicity regarding tlie subject matter of this Contract mu st id entify MMCAP Infuse as the
sponsoring agency an d m ust not be released wi thout prior written approval from MMCAP lnfuse's Authorized
Represen tative . For purposes of this provision, publicity includes no ti ces. informati onal pamphlets. press
releases . research . reports, signs, and similar public notices prep ared by or for the WHOLESALER individually
or jointly with ot hers. or any subcontractors. with respect to t11e prog ra m , publi cations , or services provided
resulting from this Contract.
20.2 Marketing. An y direct adve1tisi ng, marketing, or direct offers with MMCAP Infuse Member m u st be approved
by MMCAP Infuse. Materials should be sent to : MMCAP.Contracts@state.mn.us. Violatio n of th is Article may
be ca use for immediate cancell a tion of this Contract and/o r MMCAP Inf use may reject any proposal submitte d
by the WHOLESALER in a ny s ubsequent solicitations for service contract awards.
20.3 Endorsement. The W HO LESALER must not claim th at MM CAP Infuse. the State of Minnesota, or any
Member State endorses its products o r services, nor may MMCAP Infuse claim that the W HO LE SALER
endorses its products or services.
21 . Governing law, jurisdiction, and venue
Minnesota law. w ithout regard to its choice-of-law provisions, governs this Con tract. Venue for all legal proceedings
out of th is Con tract, or its breach , must be in tl1e appropriate sta te or federal cou rt witl1 competent jurisdiction in
Ramsey County, Minnesota . Except to t11e extent that the provisions of this Con tract are clearly inconsistent
therewith, this Contract w ill be governed by the Minn . Stat.§ 336 , the Uniform Commercial Code (UCC) as adopted
by th e State of Minnesota. To th e extent this Contract entails del ivery o r pe 1iormance of services. such services will
be deemed "goods" within the meaning of tt1 e UCC except wh en to do so is unreasonable.
22. Antitrus t.
The WHOLESALER hereby ass igns to the State of Minnesota any a nd all claim s for overcharges as to servi ces
provided in connection with this Contract resulting irom antitrust violations th at arise under the antitru st laws of the
United States and the antitrust laws of the State of M in nesota, andior the antitru st laws o f any Mernl)er S tate unless
otherwise assigned directl y to that State by Wholesaler ("Antitrust Claim").
Page i 9
MMCAP Infuse Contract #MMS1900113
23 . Data disclosure
Under Minn . Stat. § 270C.65, subd. 3 and other applicable l aw, the W HO LE SALER consen ts to disclosure of its social
security number. federa l employer tax identifi ca ti on number. and/or Minnesota tax ide ntification number, already
provided to the State, to federal and state agencies. and state personnel involved in the paym en t of state obligations.
These identification numbers may be used in the enforcemen t of federa l and state laws which could re sult i n action
requ iri ng the W HOLE SALER to file state tax return s. pay delinquen t state tax liabi lities. if any. or pay other state
liabil ities .
24. Payment to subcontractors
To the exten t appl icable. pu rsua nt to Minn. Stat. § 16A.1245. t11 e pr1111e W HOLES ALER must pay all subcontractors.
less any re tainage. wi thi n 10 ca lendar days of th e prime W HOLESALER's receip t of payment from the Sta te for
und isputed services provided by the subcontractorfs) an d must pay interest at the rate of o ne and one-h alf percent
(1.5%) per m on th or any part of a month to the subcon tractor(s) on any und isputed a111ount not paid on time to t he
subcontractor(s ).
25. Cancellation or Terminati on
25.1 Cancellation without cause . MMCAP Infuse or the W HO LESALER 111ay ca ncel th is Con tract any time. wi thout
cause. upon ninety (90) days' w ritt e n noti ce to the W HOLE SALER. In th e event o f such a ca nce ll ation, the
WHOLE SALER wi ll be entitled to payme nt. dete rmined on a pro rata basis, for se rvices sa tisfactorily
pe rformed.
25.2 Termination for cause. Either part y may term inate th is Contract at any tim e. fo r cause . upon no less than
sixty (60) days ' writt en noti ce to the other pa rt y. Upon notice of termination, the noticecl party shall have sixty
(60) days t o cure any defect s.
25 .3 Termination for insufficient funding. MMCA P Infu se may 11nmed iately term inate t11is Contr act if it does not
ob tai n fu ndin g fro m th e Mi nnesota Leg isla ture , or other fund ing source ; or if fundi ng ca nn ot be cont inued at a
level sufficient to allow for th e paym ent of th e services covered here. Term ina tion must be by written or fax
notice to t11 e W HOLESAL ER. MMCAP In fu se is not obligated to pay for any services tha t are provided after
noti ce and effective da te of termination . However, the W HO LE SALER will be entitl ed to p ayme nt , determined
on a pro ra ta basis . for services satisfactorily performed to the exten t that funds are available . The State will not
be assessed any cos ts. fees, or oth er charges if th e Contract is terminated because of the decision o f the
Minnesota Legislature , or oth er funding source. no t to appropriate f unds. M MCAP Infuse must provide the
W HO LESALER notice o f th e lack o f funding wi thin a reaso nable time of MMCAP In fuse receiving that notice.
26. Non-disc rimination (In accordance with Minn. Stat.§ 181.59)
The WHOLESALER wi l! comply w ith the provis ions of Mi nn. Stat.§ 18 1.59 w t1icl1 requ ire:
Every con trac t for or o n behalf o f th e sta te of Minnesota. or any county, ci ty, town . township. schoo l,
school district. or any other dis tr ic t in the sta te. for ma terials. s uppli es . or construction shall con tai n
provisio ns by which the WHOLE SALER agrees:
(1) th at , in the hiring of common or skilled la bor for th e pe rformance of any work under any con tract, or
any subcon tract, no contractor. material s upplier , or W HOLESALER , shall, by reason of race, creed, or
color. discri mina te against the person or persons who are c itizens of the United States or resident ali ens
who are qualified a nd available to perform the work to wh ic h the employment re lates :
(2 ) that no con tractor. material supplier, or WHOL ESALER, shall , in an y manner, discriminate aga:nst.
or intimida te, or prevent the employment of any person or persons iden tifi ed in clause (1 ) of thi s section.
or on being hired , preven t, or conspire to preven t. the person or persons from th e pe rformance of wo rk
umJer any contract on accou nt of race , c reed . or color;
(3 ) th at a violation of this section is a misdemeanor; and
(4) th at th is contract may be cance led or term inated by the state , cou nty, city, town, school boa rd, or
any oth er person au thorized to grant the contrac ts for employment, and all money due. or to become
r.iue under the con tract , may l)e forfei ted for a second or any subsequent viola ti o n of the terms or
conditions of this co ntract.
27. Affirmative action requirements for contra cts in exces s of $100 .000 and if the WHOLESALER has m o re than
forty (40) full-time employees in Minnesota or its principal place of business
T he State in tends to carry out its responsibility for requiring affi rmat ive action by its contractors.
27 .1 Covered contrac ts and contractors. If the Contract exc eeds $100 .000 and tt1 e WHOLESALER employed more
than fo rty (40 j full-time employees on a si ngle working day du ring the previous twe lve (12) months in Minnesota
or in the s tate where it ha s its principal pla ce of business. then the WHOLESALE R must comply wi th the
Page 1 10
(
Louis, Emmanuel
From:
Sent:
MMCAP Membersh i p (ADM) <MMCAP.Membership @state .rnn.us >
Tuesday, August 28 , 2018 11 :49 AM
To:
Subject:
Emmanuel,
Louis, Emmanuel; MMCAP Membership (ADM )
RE: MMCAP Facil i ty Membership Agreement
Here is a sc reenshot of our rooster showing that your fa cil ity is sti ll active.
MM CAP ID 09006302, effective date of 06/03/2008.
Facility Info j Technical Info j Distributor Account Inf o ] Contact Info J
JCn;r of Hiale ah Fire Department
W Active Facility Inactive Date
J6!3/20UB
jCity of Hialeah Fire Department
jsoo East 56 Street Bldg 9 Last Modified l2121 /201S 10:04:51 Af
Modified By lADMIN \GBiersac
jin E 5ih Street. Hialeah , FL 3.3010
Than ks,
!Hialeah
DEA f8K5&2-f5t:4
HIN f.A.DQQKTG{}[}
Zoua Vang
Membership Coord inator
I FL =i
jKEROFF. FREDERICK MICHAEL MD
jCITY OF HIALEAH FIRE RES CUE
Minnesota Multistate Contracting Alliance for Pharmacy
State of Minnesota, Department of Adm i nistration
(651) 201-3114
Zoua_,_V:!,!Jlg @state.mn.us
Connect with us on social media
MM CAP
From: Louis, Emma nuel [m ail to:eloui s@ hi a leah fl.gov]
Sent: Tuesday, August 28, 2018 10:37 AM
MM CAP ID jo9006.-302
j US i]
To: MMCAP Membership (ADM) <MMCAP.Membership@state .mn.us>
Subject: RE : MMCAP Faci lity Membership Agreement
O ld
r 3406 Eligible
Awesome, it may be as simple as scree n sho t sho wing our me mbership is sti ll current. Actuall y that's great we ca n leave
them both on t here, the contract app li cat ion I ha ve goes back t o our previous EMS Chief Mike Anc hi a.
From: MMCAP Membership (ADM) <MMCAP.Membership@state .rnn .us >
Sent: Tuesday, August 28, 2018 11:34 AM
To: Louis, Emmanuel <elouis@hi a l~gJ:illgov >; MMCAP Membership (ADM) <MMCAP.Membership@state.mn.us>
Subject: RE: MMCAP Facility Membership Agreement
Emmanuel ,
I can he lp you update your contact info rm a tion We have Patricia Kasch and Randy Smi th as contact right now. If they
are no longer the contact person, p lease let us know who, with an upd ate d email and phone number.
As for the upd ate from you are looking for, I have to look into it. I will le t yo u know what we can provide for you.
Thank you,
Zoua Vang
Membership Coordinator
Minnesota Multi state Contracting Alliance for Pharmacy
State of Minnesota, Department of Administration
(651) 201-3114
f.oua.Vang@state .mn .u~
Connect with us on social media
·--MMC AP
From: Louis, Emmanuel [ma i l to:e loui s@hia l ~alif l.gov]
Sent: Tuesday, August 28, 2018 10:22 AM
To: MMCAP Membership (ADM) <MMCAF:Jvlernbership@state.rnn .us >
Subject: RE: MMCAP Facility Membership Agreem ent
No I do not need t o add anything. I'm sub mi tting paperwork for our vendors for our next fisca l y ear, and my purchasin g
d epartment want ed an update form si nce the effective w as 10 years ago. Is there anytr1 ing I can prin t or you ca n send
w ith a cu rrent date. W e can update o ur contact information as well.
From: MMCAP M embersh ip (ADM) <MMCAP.Mernbersh i p@state .mn.us>
Sent: Tu es d ay, Augu st 2 8, 2018 11:13 AM
To: Loui s, Emmanu el <~l ou i s@ hia l eahf l.gov>; MM CAP M embe r ship (ADM) <MMCAP.Membe r 5-.IJ.iR..@5tate.m n.us >
Subj ect: RE: MMCAP Fac ility M em be r ship Agr ee m ent
Hi Emmanuel,
2
10£14/22, 1Q:41 AM Deta il by E nti ty Name
(
DeQartment of State I Div1s1on of Corporations I Search Records I Search by Entity Narne I
Detail by Entity Name
Foreign Limited Liability Company
CARDINAL HEALTH 110 , LLC
Filing Information
Document Number
FEl/EIN Number
Date Filed
State
Status
Principal Address
7000 CARDINAL PLACE
DUBLIN, OH 43017
Mailing Address
7000 CARDINAL PLACE
DUBLIN , OH 43017
M14000000400
68-0158739
01/03/2014
DE
ACTIVE
Registered Agent Name & Address
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION , FL 33324
Authorized Person(~) Detail
Name & Address
Title MEMBER
CARDINAL HEALTH , INC .
7000 CARDINAL PLAC E
DUBLIN , OH 43017
Annual Reports
Report Year
202 0
2021
2022
Filed Date
04/27/2020
05/05/2021
03/23/2022
Document Images
03/2312022 --1\NNU1\L R E PORT V iew image 1r1 PDF forrnat
D!V!S!ON OF C·Y~POHATIDN'•:
https://search .sunbiz .org/lnquiry/Corpora ti onSearch/Sea rchResultDeta il?inq ui rytype =EntityName&dire ctionType=lnitial&searchNameOrder=CARDINA ... 1/2
10/14/22, 10:41 AM Detail by Entity Name
0Ei!05!202 I --f1NNIJAL REPORT View i rnag<::~ in PDF format J
View image 1n ~')DF tormat
05110i20 19 --f1NNUAL REPORT View ;mage in PDF format
05i 01 i 2018 --ANNUAL REPORT V if:iw image in PDF format
View 1rnage in PDF torrnal
Q4!QJi!2!1J .. 6. ... cc .A.NN~JA.1 ..... r~f.PQEI View irna9e in PDc format
04i02i 2015 --ANNUAL REf·'ORT ViHw image in PCJF formal
View image in PDF torrnat
(
hltps://sea rch.sunbiz .org/lnquiry/C orpo rati o nSea rc h/Sea rc hResultDetail ?inquirytype=EntityN ame&directi onType=lnitia l&searchN ameOrd e r=CARD IN A ... 2/2
00·1 General Fund
Account Percent
001 .2000.522521 0 %
OPERATING SUPPLIES -MEDICAL
( Total for (2) Operating Expenses
Total expenses 2000 (Fund 001)
FI-Fire
Appropriated
250,000.00
250 ,000.00
250,000.00
250,000.00
250,000.00
250,000.00
Fiscal Year: 2023
Expended
0.00
Fund Totals
001
General Fund $250,000.00 $0.00
Revenue/Expenses Balance: $0.00
(
00 I Ge nera l Fund
T ri a l Ba lance -Expenses
Trial Balance -
Encumbered Balance Last iDate
0 .00 250,000.00 10/1/2022
0.00 250,000.00
0.00 250,000.00
0.00 250,000.00 Expenses
$0.00 $250,000.00
P rinted : 10/20/2022 Page: 2