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:
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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.
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