Loading...
1994-116-RES WHEREAS, the City Council of the City of Paris is desirous of obtaining mail order pharmacy services for RESOLUTION NO. 94-116 WHEREAS, the City Council of the City of Paris is desirous of obtaining mail order pharmacy services for City of Paris employees which will reduce the cost of medication for them and will save both the City and its insurance fund money; and, WHEREAS, Gene Anderson, Director of Finance of the City of Paris, did, on the 4th day of August, 1994, execute a contract for such mail order pharmacy services with Rx Direct; and, WHEREAS, it is in the best interest of the City of Paris and its employees that the contract, attached hereto as Exhibit A, be, in all things, approved and ratified; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 01:<' THE CITY OF PARIS, that the contract with Rx Direct for mail order pharmacy services, in the form attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the execution of the contract attached hereto as Exhibit A with Rx Direct by Gene Anderson, Director of Finance of the City of Paris, on the 4th day of August, 1994, be, and the same is hereby, ratified. PASSED AND ADOPTED this 12th day of September ATTEST: I ~~\.;, ~"",~~~r<<J Mattie Cunningham, City Clerk MAIL ORDER PHARMACY SERVICES AGREEMENT This Agreement is effective as of August 4, 1994, between RX DIRECT, INC., 2307 Clarksville, Paris, Texas 75460, ("Rx Direct") and City of Paris, 150 SE 1st, Paris, Texas 75460, ("Sponsor") (sometimes hereinafter called the parties"). In consideratic;ln of their mutual undertakings, the parties hereby agree as follows: 1. DEFINITIONS A)" "Average Wholesale Price" ("AWP") is the then current price for a prescription drug as listed in a pharmaceutical industry pricing guide of Rx Direct's choice, including but not limited to the Medi-Span Prescription Pricing Guide, including supplements based on units of 100 for tablets and capsules, pints for liquids and actual package size for all other items. B) "Co-Payment" ("Co-Payment") shall mean that portion of the cost of the prescription paid directly by a Participant, the amount of which is set forth in Paragraph 5 of this Agreement. C) "Dispensing Fee" ("Dispensing Fee") shall mean the amount payable by the Sponsor for each prescription dispensed by Rx Direct to a Participant, the amount of which is set forth in Paragraph 5 of this Agreement. D) "Mail" shall mean to deliver to the United States Post Office for first class delivery in a properly addressed envelope or package, with sufficient postage paid or to United Parcel Service or similar cartier selected by Rx Direct in its sole discretion. E) "Participants" ("Participants") shall mean those individuals whose names are included on a list of Participants furnished to Rx Direct by the Sponsor in a mutually agreeable form. F) "Prescription" or "prescription order" shall mean a valid and legal order to dispense a prescription drug under all applicable statutes and regulations of the United States, (including the Food and Drug Administration) and the state and loca1jurisdiction in which the dispensing facility is located, such order being authorized by a person legally qualified to do so. Such terms shall not include (i) appliances, deviceS; " bandages, heat lamps, braces, splints, artificial appliances, heahh and beauty aids, cosmetics, dietary supplements, injectables, (ii) drugs required by law to be labeled: "Caution - Limited by 1 EXHIBIT A Federal law to Investigational Use" and (ill) experimental drugs not approved by the Food and Drug Administration. G) "Prescription drug or medication" shall mean drugs and biologicals which can be dispensed only pursuant to a prescription order and which, by law, are required to bear the legend "Caution - Federal Law Prohibits Dispensing Without Prescription". H) "Generic Drug" means the chemical and generic name as determined by the United States Adopted Names Council (USANC) and accepted by the Federal Food and Drug Administration (FDA), of those drug products having the same active ingredients as a drug product prescn'bed by its trade or brand name. 2. RX DIRECTS SERVICES Rx Direct shaIl dispense prescription drugs to Participants in accordance with this Services Agreement and any written directions provided to Rx Direct by the Sponsor, provided that such written directions from the Sponsor do not conflict with the agreements set forth herein. If such written directions conflict with this Services Agreement, then such written directions must be agreed to in writing by both the Sponsor and Rx Direct. 3. RX DIRECTS UNDERTAKINGS A) Rx Direct shaIl operate a mail order pharmacy in accordance with all applicable statutes and regulations of the jurisdiction in which the dispensing facility is located and shall dispense only those prescriptions written and complying with applicable legal requirements. B) Rx Direct shall dispense prescription drugs to Participants in accordance with this agreement and any written direction, which shall be provided to Rx Direct by the Sponsor. C) Rx Direct shall dispense a new or refill a prescription upon receipt of a valid prescription or refill order for any Participant and shall deposit the filled prescription in the . mail in an envelope, with postage prepaid, properly addressed to Participant's address as last provided to Rx Direct by Sponsor or as appearing on the face of the order form. Rx Direct shall not be liable for any delay in delivery, either to the Sponsor or Participant. D) Rx Direct shall dispense drugs in quantities up to a 100-day supply, subject to limitations imposed on controlled substances and to limitations specified in the prescription. E) Rx Direct will fill new and refill prescription using generic drugs as provided by law, unless a specific brand-name drug is requested by Participant. 2 F) Rx Direct shall maintain required information ("profiles") on all Participants, beginning with the first prescription received for each Participant. Such profiles shall include, but shan not be limited to, a history of all drugs dispensed for a period to coincide with the then current term of this Agreement, drug interaction and allergy information as provided to Rx Direct by the participant at the time the first prescription is filled or at any time thereafter, and any other information deemed important by Rx Direct or mutually agreed upon by the Sponsor. Rx Direct shall keep records of all prescriptions filled for Participants for five (5) years after the date of filling such prescriptions or such a longer period as may be required by Federal or State law. G) Rx Direct shall provide management reports to the Sponsor pertaining to the services provided under this Agreement in a form and at intervals to be mutually agreed upon liy Rx Direct and the Sponsor. Rx Direct shall not be required to furnish any information to Sponsor which violates the Participant's right to privacy with regard to the types of drugs being dispensed to any individual participant. Rx Direct will not be responsible for furnishing such information unless they have a waiver and release form signed by the Participant in question authorizing release of such information to the Sponsor. 4. SPONSOR'S UNDERTAKINGS A) Sponsor shall make every reasonable effort to promote the use ofRx Direct's mail order pharmacy service by Participants. B) Sponsor shall furnish Rx Direct a list of the names, identification numbers, addresses, telephone numbers, or other information regarding Participants. as mutually agreed upon by Rx Direct and the Sponsor. Such list shall be revised by the Sponsor as often as necessary, in the Sponsor's sole discretion, to maintain it in a current status. C) Sponsor shall permit Rx Direct to meet with and otherwise communicate directly with prospective Participants concerning the mail order pharmacy service in a reasonable manner and at various times to be mutually agreed upon by Rx Direct and the Sponsor, in order to promote the use ofRx Direct's services. 5. PRICE FOR SERVICES Rx Direct shall dispense prescription drugs to Participants at the following price to the Sponsor and Participants: A) The A WP at the time a prescription is filled, less 9% for brand names and less 25% for generic drugs; plus 3 B) Any notices required under the terms of this Agreement shall be effective if in writing and delivered by hand (against receipt) or delivered by certified mail, return receipt requested, to the other party at the address shown above. C) Sponsor shall have access, at reasonable intervals and during normal business hours, to the records of Rx Direct relating to Participants for the purpose of ex.mining records pertaining to the service rendered by Rx Direct to either the Sponsor or Participants hereunder. Rx Direct, however, shall not be required to violate Participant's right to privacy with regard to the provision of this contract and shall not be required to :furnish records that would violate such Participant's right to privacy unlesS Rx Direct has a signed waiver or release to release such information to Sponsor. 8. DURATION This Agreement shall terminate 12 months from the effective date hereof It shall be renewed automatically, however, for additional periods of 12 months, provided that neither party notifies the other at least 60 days prior to end of the period that it wishes to terminate. In the event either party so notifies the other, termination shall be effective the end of the then current period. 9. FORCE MAJEURE Rx Direct shall not be liable for any fililure or delay in performing all or part of its obligations under the terms of this Agreement resuJting form unavailability of pharmaceuticals, war acts of any person engaged in a subversive activity, sabotage, riot, strikes, slow-downs, lock-outs, or labor stoppage freight embargoes, fireS; explosions, flood, earthquake or other acts of God, or by-reason of the judgment, filing order of any court or agency of competent jurisdiction occurring subsequent to the signing of this Agreement, or any other circumstances beyond its control 10. INDEMNIFICATION Sponsor and its officers and employees shall not be liable for any claim, injury, demand or judgment based on tort or other grounds ( including warranty of merchantability), arising out of the sale, compounding, dispensing, manufacturing or use of any prescription drug dispensed to a Participant pursuant to this Agreement. Rx Direct hereby agrees to hold Sponsor harmless against any and all such liability, provided that: A) the action arises form Rx Direct's fiIilure to discharge a respOllSlbility under the terms of the Agreement; B) reasonable notice is given by the Sponsor to Rx Direct; and s C) the Sponsor does not diminish Rx Direct's ability to defend or settle an action due to any act or fitilure to act of the Sponsor; and D) the action does not result form the intentional or negligent act or omission of Sponsor. 11. ASSIGNMENT This Agre,ement shall be binding upon the parties hereto, their successors, and assigns. Neither party may assign any of its rights or delegate any of its duties hereunder unless prior written consent is obtained from the other party. 12. . ENTIRE AGREEMENT This Agreement sets forth the entire understanding of the parties hereto with respect to mail order pharmacy services and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, either oral or written. There are no warranties, representations and/or agreements among the parties concerning the subject herein except as set forth. This Agreement shall not be amended or modified except in writing. 13. GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas. 14. SURVIVAL Should any part, term or condition of the Agreement be declared illegal or unenforceable or in conflict with any other laws, the rem~inin g provisions shall be valid and not affected thereby. 6 15. AUTHORIZATION By executing the Agreement, the undersigned individuals hereby warrant and represent that they have read this Agreement in its entirety, both agree to all its terms, and are duly authorized to execute this Agreement on behalf of their respective parties. RX DIfECT: INC. By' D~~ . GERR TEA PRESIDENT CITY OF PARIS By: LG;.~,~ GENE ANDERSON CITY AUDITOR Date: <g-lf-Cf<{ Date: 8-'f-'t'f 7 X- X- L L ~_ X- X DRUG COVERAGE OPTIONS Client: CITY OF PARIS Yes - Covered Drug No - Not a Covered Drug YES NO -1.. LEGEND DRUGS (pRESCRIPTION DRUG) ANABOLIC STEROIDS USED FOR BODY BUILDING ANOREXlANTS (DIET AIDS) ANTI-REJECTION DRUGS ANTI-SMOKING AIDS (GUMSIPATCHES) DRUGS USED TO TREAT AIDS AND AIDS RELATED CONDITIONS DRUGS USED TO TREAT OR CURE BALDNESS FERTILITY AGENTS GROWI'H HORMONES x.. INJECT ABLE DRUGS INSULIN INSULIN SYRINGES & NEEDLES INSULIN IN COMBINATION WITH NEEDLES/SYRINGES (pRE-DRAWN) INSULIN TEST STRIPS LEGEND CONTRACEPTIVES (ORAL) TRETINOIN PRODUcrS (RETIN-A) UP TO AGE ~ X- L X vrr AMlNS REQUIRING A PRESCRIPTION L X. .Y .Y 'X J THE FOLLOWING ITEMS ARE FOR DOCUMENTATION ONLY: THERAPEUTIC DEVICES OR APPLIANCES, INCLUDING HYPODERMIC NEEDLES, SYRINGES, SUPPORT GARMENTS, AND OTHER NON-MEDICINAL SUBSTANCES REGARDLESS OF INTENDED USE. IMMUNIZATION AGENTS, BIOLOGICAL SERA, BLOOD OR BLOOD PRODUCTS ADMINISI'ERED ON AN Our-PATIENT BASIS. ANY CHARGE FOR THE ADMINISTRATION OF LEGEND DRUGS OR INSULIN. ANY PRESCRIPTION REFILLED IN EXCESS OF THE NUMBER SPECIFIED BY THE PHYSICIAN, OR FOR ANY REFILL DISPENSED AFTER ONE YEAR FROM THE PHYSICIAN'S ORIGIN~ ORDER ANY MEDICINE. LEGEND OR NOT, WHICH IS CONSUMED OR ADMINISTERED AT THE PLACE WHERE IT IS DISPENSED. DRUGS COVERED UNDER WORKERS COMPENSATION, MEDICARE OR MEDICAID PROGRAMS. NOTE: 1"0''''_ ~D"'I__ ___or.......0_1...-..... __Ia ..._olT..... x x x x x x