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HomeMy WebLinkAboutResolution 1990-037 RESOLUTION NO. 90-37 WHEREAS, the City has duly advertised for bids by way of Requests for Proposal fori providing pharmacy services under it's Employee Health and Hospitalization plan; and City; and WHEREAS, six proposals were received and reviewed by the WHEREAS, the City Council finds the proposal from Town & Country Drug Co. of North Richland Hills, Texas is the lowest and best proposal and meets the City specifications. NOW, therefore, be it resolved by the City Council of the City of North Richland Hills, Texas, that: accepted. 1. The proposal of Town & Country Drug Co. is hereby 2. The mayor is hereby authorized to execute the attached Pharmacy Provider Contract as the act and deed of the City of North Richland Hills. Attest: Passed and approved this 13th day of August, 1990. ~"'af/.d:, ~ Approve<h..:: _ / ~ lty Secretary Mayor Approved to form and legality: ~~ A orney for tne City ~ & comr.rR.Y DRUG STORES PBARImCY PRD'VD)ER COR':rRACT fiI:IS Ag%Ie9"aent entered into this / ~ day of Oc To8£¡Z 19.:lQ..; between Town & Country Druq Stores, hereinafter referred to as Ph;arm;:acy and TIlE C:ITY OF BORTH R:ICBLAHD B:ILLS hereinafter referred to as City. Ph;a"ll.acy presently operates twelve retail p";:arm;:acies under the name of Town and Country Druq and a ....il order p";:aratlðcy known as Bealthmail. The name, address, p";:armacy peDÜ.t n1Ølber, tax m nœaber, HABP number, DEA number and telephone nmaber of each location is set forth in Ay"ihit "A" attached hereto and _de a part of this AqreV"9Dt. Pha%macy aay amend 1P.Y.,ibit "A" by notice to City. 'IIJIKRBAS, P"éI'rIIIé!'cy is enqaqed in the business of providinq prescription druq services to the qeneral public and WlllRD1I!:a.~, The City wishes to contract with p.,;arm.acy for the provision of prescription druqs for its øaployees and eliqible retirees. ROlf TBERJ!:FORE, in consideration of the premises and mutual covenants contained herein, the parties aqree as follows: DD":IH:IT:IORS A. "Averaqe Wholesale Price" (.AJIP) means the averaqe wholesale price as detexmined by the most recent issue of the Medispan Pricinq Services, a national supplier of pricinq data. B. "Co-Payment" means the payment required to be aade by the Eliqible ~-""er at the time of receipt of Medications. C. "Benefit Plan" -.....os the written plan describinq the eliqible and ineliqible medications to be paid under this aqr-90t: The plan shall also state the a;:ayimum days supply to be allowed per prescription fillinq, the qeneric substitution policy and all other pertinent data concerninq the .edications to be covered under this aqre..ent. D. "Eliqible ..........r" -.ans an eliqible employee or retiree of the City of Borth Rich1and Bills or their covered dependents to ~ benefits are provided by the City. E. "Eliqibility List" shall -.an a list of "Eliqible ~-""~s" identified under the social security number of the employee or retiree and the applicable sex, birthday and relationship of their dependents. F. "-.ployee :Identification" shall mean the :Identification Card issued by the City to each City employee. G. "Provider Ph;aY"!9acies" referes to those pha%Dlacies listed on 1I!y"ibit "A". D. "Medications" or "Prescriptions" means those prescription druqs, supplies and other itØDS, which are prescribed by a licensed medical practioner, for which the City is obliqated to pay under the Benefit Plan. :I. "Prescription Druq ClaiJlas" means claims for reimbursement sent to the City by Pha%DlaCY as a result ;; of disPensing Prescriptions to Eligible Members in accordance with the Benefit Plan. Sl:RV:ICES Upon presentation of a valid "Elaployee :Identification" card by "Eligible Member", Pha%macy shall: A. Provide prescription services to Eligible Members at all its locations as shown in Exhibit "A". B. Validate employee social security number with current "Eligibility List" to verify current eligibility for benefits and to establish dePendent coverage. C. Provide covered lledications to Eligible Members which are customarily and usually provided to the public and which are prescribed by a licensed prescriber. D. Collect from the Eligible Members the lesser of usual and customary price or the Co-payment amount. E. Provide Eligible JoI-h.ers reasonable consultation services with reqard to Medications that m-.....r is using whether or not said lfedications were disPensed at Ph;armél'CY. F. Rot differentiate or discriminate in the access, treatment, or quality of services delivered to Eligible Meaabe.rs on the basis of race, color, national origin, sex, age, religion, ancestry, martial status, place of residence or health status. G. Render prescription services to all Eligible ~-~rs in the same manner, in accordance with the same standard and within the same time availability as offered its other custOlll8rs. B. Bot disclose the content of any prescription records llaintained by Pharmél'CY to anyone other than the City or its authorized agents, prescribers of the prescription drugs, recipients of the prescription drugs or their agents, regulatory agencies allowed such access by law or as required by leqal process. :I. Collect all authorized Co-payments from recipients of prescription services in the amount determined by the Benefit Plan. B:ILL:IHGS ph;:arm;:acy shall bill City twice monthly in the fO%Dlat outlined in 1I!y"ihit "C" (or such other form as mutually agreed in writing between p.,;:armacy and City). This billing shall contain the claiJ1as infonaation for any and all Prescription Drug claims and shall be the basis for remittance to Pharmacy. City shall pay pha%macy the billed amount due within 15 days frœa receipt of Ph;arm.acy's billing. Should City fail to pay P"éI''I''III;ICY according to terms, City agrees to pay Phél''I''III;Icy a late charqe not to exceed 18% of outstanding balance annually. Except with respect to co-payments, Pharmacy will look solely to City for compensation for al8di.cations and services provided to eligible m_hArs PUrsuant to this agreement and subject to the benefit plan. City shall not be liable to Ph;aY"lllllacy for non-payment of any co-payment due frca eligible m_~s. B:ILL:IHG FORIIDLA AMP Cost of Drug less 10% Plus Dispensing Fee Less Applicable Co-Payment Dispensing fee shall be $1.95 per prescription billed to City. (Dispensing fee shall be reviewed prior to each anniversary date) ~ Ph;a....éllcy Agrees: A. That in no event shall p";:aY"lllllacy bill, charqe, collect a deposit frœa, seek C~sation frœa or have any recourse aqainst an eligible -"'T: for services provided by p";:a..-.;:acy PUrsuant to this. aqr-''1t. This provision does not prohibit Pharmacy from billing Eligible Members directly for applicable co-payments, or for non-covered services or benefits: B. Ph;:a~.acy aqrees that professional p";:aratlðceutical services rendered to Eligible .....hers shall only be rendered in accordance with all applicable laws, rules and regulations. C. Ph;a-acy shall perform all professional and other services under this aqre-ent as an independent contractor and shall be free to exercise its own judge.ent on all questions of professional judg8lll8Dt and practice. D. p";:a'"'llacy aqrees to supply basic Prescription Services under this a~...nt. These services do not include charge privileqes or free delivery to a rem.ote location. Such services when available from provider Pharmacies vou1d be available at an extra charge. DlDEPEllDER'l' RELAT:IORSB:IP A. Bo provision of this aqre9'\tl9nt is intended to create nor shall be deemed or construed to create any relationship between City and Pharmacy other than that of independent entities contracting with each other hereunder solely for the purpose of effecting the provisions of this Agreement. Bone of the parties hereto, nor any of their respective employees, shall be construed to be the joint venturer, partner, agent or employee of the other. B. p..;:a.......cy aqrees to indeamify, defend and to hold City h;a.....less frœa any claim, injuries, It-..nds liabilities, costs and judg.-ents arising from acts, errors, ~ssions, labeling, or violations of law, rule or regulation as the same sty be adopted by appropriate authorities, at any of its locations, by p";:arm;:acy, its employees, agents or representatives. C:In PERPORImRCE A. City shall keep Ph.¡aY'Wlacy infonaed concerning current eligibility of all employees and their dependent coverage. City shall be responsible for prescriptions dispensed to termi n.ated øaployees or dependents if City has failed to infoEa ph;aY'tll;:acy of such termination or change in dependent coverage. B. City shall within 10 days frœa billing date infoJ:m Pharllacy concerning any billings for ineligible ..-hers or their dependents or any other discrepancies or difficulties concerning the Prescription Drug Plan or service provided by PhaY"IBéllcy. ;; :IHSPECT:IOB OF PRl!:lÐ:SES mm RECORDS Ph;a..-.;:acy agrees to aaintain, with respect to Eligible ~-""~s, prescription drug records containing such infoJ:IU.tion and preserved for such time periods as are required by the rules and regulations of the State Board of Ph;:a_acy and the Drug Enforc-ent arlIIIi nistration. PhaJ:IU.cy aqrees to allow City or its agents to inspect during regu~ar working hours, any accounting, prescription or adainistrative records aaintained by p";:a..-..-acy PUrsuant to this Agra-9nt to the extent that such inspection is permitted by applicable law and is aaterial to the adainistration of the Benefit Plan. L:IAB:IL:Ift :IRSURAHCE Ph;a_éIICY shall maintain such policies of general and professional liability and such other insurance of the types and in the ëmOunts customarily carried by p";:a~cies with respect to their operations. Proof of such insurance shall be available to City upon request. CDII?I..ADr.rS p";:a~cy and City mutually agree that any caaplaints received with respect to the provision of Prescriptions will be resolved in a timely manner. Ph;armacy agrees to cooperate with City in the resolution of Eligible Meaabercaaplaints. TERMS This Agre-ertt shall be in effect for twelve consecutive ~ths beginning on Oct. 1, 1990 and shall be non-cancelable by PhaTlllacy except in the case of failure of the City to make full ~ttance to Ph;a'l"lllðcy in accordance with the terms of this aqrs-9",t. The City reserves the right to cancel this agr~ent upon 10 days prior written notice to Pha%Dlacy. This agr-ent aut~tically renews under identical terms and conditions on each anni versay date unless termi nated by either party. IIOT:ICES All notices provided for in this Agreement shall be in writing and shall be sent by registered or certified aail addressed to the other party at the address shown in this Aqra-'9",t, or such other address as aay be provided to the other party in the same manner as that provided for the giving of any notice. All notices shall be deemed to have been received on the third (3) day after the date the said notice vas aailed. Address for Botices to Ph;arm;acy: Town & Country Drug Stores Alan W. a.a- and/or Keith Dunavant 5125 Davis Blvd. Borth Richland Bills, Texas 76180 Address for City: (\. I +" N . (). l [ \ I t1 C c'¡"Lft, \t:..,c \ /r-ìJ-' d &x q 20r..7(J ') I\) 0 (t~ (2~t.{lrlV d M J 115; IX , I I,kt~ { c"(8L ~ ASS:IGImB:IL:ITY This Aqreeatent sha11 be non-assignable by Pharmacy except to any entity purchasing all the assets and going business of Pharmacy . SUCCESSORS The words City and Pharmacy as used herein include, apply to, bind and benefit the assigns and successor of City and Pharmacy. L:IAB:IL:ITY OF PARTY 80 person, fi%m or corporation or the heirs, leqal representatives, successors, and assigns, respectively thereof, executing this Agreement as agent, trustee, or in any other representative capacity on behal.f of the parties, shall ever be de-ed or held individually liable hereunder by reason of such signature. ~s This Agree.ent constitutes the entire understaødi ng' of the parties hereto and each party agrees to faithfully perfODa and uphol.d each of the provisions hereof. Bo .odification, alteration, or waiver of any tm:m, covenant, or condition of this AgreelDeDt shall be valid unless aqreed to in writing by both parties. D:IVER 80 waiver of a breach of any covenant or condtion shall be construed to be a waiver of any subsequent breach. Ro act, delay or OID.ission done, suffered or pm::aitted by the parties shall be ctee.ed to ezbaust or iapair any right, ~y or power of the parties hereunder . VALm:ITY Should for any reason, any clause or prov1s1on of this Aqra--ftt be held or ruled unenforceable or ineffective under the law, such a ruling will in no way affect the validity or enforceability of any other clause or provision contained herein. JOR:ISD:ICT:IOR This Aq~t shall be governed by the laws of the State of Texas and it is aqreed the jurisdiction and venue of any suit hereunder shall. be in Tarrant County, Texas. ACCEP'1'.UCE OF COR'.rRACT P~cy and City represent and warrant that the under signed executing this aqreV"ent is their duly authorized agent and has full right and authority to exercise this aqre-~"t. BY: PBAmmCY C:ITY ~~ DUE: ;; EXBm:IT A (A list of store locations including DëUIe, address, telephone n1Dlber, pharméllcy PØJ:mÌt n1Dd>er, taz identification n1DDber and HASP number) 4534118 DBP BO. Town & Country Drug #1 Store Beme 5314 Trail Lake Dr. Street .Addr. Ft. Worth, Tx. 76133 State Zip AT4163971 DBA Bo. 817-292-1700 Telephone Ro. 00988 State License I 75-1213682 Taz m I 4520525 Town & Country Drug #2 5300 Davis Blvd. NRH, Tx. 76180 DBP BO. Store Balle Street .Addr. State Zip 817-281-6670 01324 75-1241726 AN2218065 Telephone Bo. State License I Taz m I DEA Bo. 4505282 DBP BO. Town & Country Drug #3 Store Balle 217 W. Pipeline Rd. Hurst, Tx. Street .Addr. State 76053 Zip 817-282-3463 Telephone Bo. 03092 State License I 75-1241726 Taz m I BN1692436 DBA Bo. 4566494 DBP BO. Town & Country Drug #4 8648 Hwy. 80 West Store Reme Street .Addr. Ft. Worth, Tx. 76116 State Zip 817-244-6250 Telephone Ro. 10609 75-1213682 State License I Taz m I AC2792465 DEA Bo. 4505597 Town & Country Drug #5 DBP BO. store Balle 7201 Grapevine Hwv. Ft. Worth, Tx. 76118 Street .Addr. State Zip 817-281-2100 Telephone Ro. 01864 75-1241726 State License I Taz m I AN1692424 DEA Bo. 4520260 Town & Country Drug #6 DBP BO. Store Balle 7832 White Settlement Rd. Ft. Worth. Tx. 76108 Street .Addr. State Zip 817-246-2411 Telephone Bo. 12325 75-2169866 State License I Taz ml BT0935746 DEA Bo. 4548496 Town & Country Drug #7 430 Crowley Square Ft. Worth. Tx. 76036 DBP BO. Store B_ Street .Addr. State Zip 817-297-2281 04369 75-1599335 Telephone Bo. State License I Taz ml AT8843662 DEA Bo. ~ 4562915 DBP BO. Town & Country Drug #8 store Bë1118 1106 S. Bowen street Addr. Arlington, Tx. State 76015 Zip 817-277-9141 Telephone Bo. 06816 State License I 75-2255481 Tazml STl692400 DBA Bo. 4563121 Town & Country Drug #9 3177 Denton Hwy. Haltom City, Tx. 76117 DBP BO. Store Balle Street Addr. State Zip 817-834-5525 Telephone Bo. 06869 State License I 75-1213682 Tazml BC1692412 DEA Bo. 4566420 Town & Country Drug #10 3838 Altamesa Blvd. Ft. Worth. Tx. 7filii DBP BO. store Balle Street Addr. State Zip 817-292-1261 Telepbone Ro. 10593 State License I 75-1213682 Taz m I AC2787')ig DBA Bo. 4566278 Town & Country Drug #11 4601 Camp Bowie Blvd. Ft. Worth. Tx 7fil07 DBP BO. store Bë1118 Street Addr. State Zip 817-732-2801 Telephone Bo. 10565 State License I 75-1213682 Taz m I AT?7l1 Oh 1 DBA Bo. 4575621 Town & Country Drug 1114 4610 Western Center Blvd. Ft. Worth, Tx. 76137 NABP NO. Store Name Street Addr. State Zip 817-581-9292 12621 75-2206145 BTl229283 Telephone No. State License tf Tax ID # DEA No. ~