HomeMy WebLinkAbout1986-06-23 86-287 ORDER86-287
Introduced by Councilor Tilley, awe 23, 1986
CITY OF BANGOR
(TITLE.) Mrlbtr7 _A"tA Z'N sxerutlon of contract. wlth ( .......J...
o
for Phernuvutical services at the Banpr Nursing and Health CAM Center
By L City Couw of Me City of Ba, .
ORDERED,
THAT
THAT the P rc1aasing Agent is bereby aut rized and directed on belwlf
Of the City of Bangor to execute a contract, a copy of which is on file in
the Office of the City Clerk, with ( ) for pharmaceutical
services for the Bangor Nursing and Health Care Center.
1A
IN CITY CCUNCxc
June 33, 1986
AMENDED in Title by adding
"Allen Drugs passed by the
following yes am no votes.
Councilors voting yea: Frankel.
SeWwitz, Sullivan, Tilley
am Willey. Councilors voting
: Hrwn. Cox arc] Hhesler.
Councilor McCarthy abstaining.
Passed by the following yen am ID
votes. CouncilorsvotieBForms,9rn, Frankel. Lebowitz. :g ySulEivan,
Tilley. Wheeler am Willay.
Councilor voting M. Cox -
C i lor Hucarthy abst ng.
Cry CL�
86 -2B7
ORDER
Title:
., AVUoziz iny, Execution of.Contracts with
...A11en otuy, for. Pharmaceuticah services
at the Hanger Nursing and Health rare Center
�Introduced and filed by
C Gilman
7 86-2e]
AGREEMENT
PHARMACEUTICAL SERVICES
BANGOR NURSING FACILITY
Agreement made this _ day of , 1986 by and between
(hereinafter referred to as "Contractor") and the City of Bangor,
Maine (hereinafter referred to as "City"). It is hereby agreed that
the Contractor being duly registered and licensed in the State of
Maine, as a dispensing and consultant pharmacist, agrees to provide.
pharmaceuticals, drugs, equipment and consulting services to the Bangor
City Nursing Facility (hereinafter referred to as "Facility") or to its
patients in accordance with the following terms and conditions:
1. Relative to Pharmaceuticals Supply Services:
A. The Contractor and City agree to comply with all applicable
Federal, State and Local laws and regulations and the Policy and
procedures manual of the Facility, as may be amended from time to time
and as incorporated herein by reference.
B. It is agreed that the Facility and it's patients reserve the
right to purchase and obtain prescriptions and supplies from other
sources, at anytime, and that the Contractor shall not have the
exclusive right to furnish said items, provided that the Facility shall
use the contractor as supplier whenever possible.
C. The Contractor agrees to deliver prescription orders to the
Facility, within four hours of receipt of the order or in accordance
with a delivery schedule mutually agreed upon. If for any reason the
Contractor is unable to deliver within the time frame stipulated, the
86-287
Contractor shall promptly notify the Facility of its inability to
deliver and the Facility may then procure the needed items from another
source. Should there he any excess costs resulting from such alternate
procurement, said excess costs shall be the legal liability of the
Contractor.
D. The Contractor agrees to provide twenty four hour service 7
days a week, and shall provide medication and supplies on an emergency
basis whenever required.
E. The Facility agrees to notify the Contractor the source of
reimbursement for each patient. The Facility shall also give the
Contractor reasonable access to all records, facilities and supplies
necessary in the performance of its duties. Such access shall not
unduly disturb or interfere with the normal operation and
administrative procedures of the Facility. The Contractor agrees that
it will furnish to the Facility, upon request, all information relating
to the drugs and supplies furnished to the patients and the Facility.
F. In the event of dispute arising from a claim or bill submitted
by the Contractor, the Contractor shall have reasonable access to all
necessary documents and records that would tend to sustain the claim.
When the Facility is an intermediary in the processing of a claim, the
the Facility shall promptly furnish the Contractor any information
regarding the claim and shall grant any agency involved the right to
discuss the the claim with the Contractor.
G. Fees charged by the Contractor to a patient's account shall be
billed on the basis of cost plus_ for each prescribed medication.
The cost shall be either the the average wholesale cost as established
in the monthly blue book or that cost which is allowed by appropriate
"-]8]
Federal or State authorities at the time that the medication is
supplied. The cost and fixed fee established herein shall not vary
among patients. Fees established by this paragraph are currently those
minimum fees permitted by the State Medicaid program and for the
duration of this Agreement may vary only to the degree of any changes
established by this program. There shall be no charges for Contractor
delivery. -
H. The method of furnishing medications to the Facility shall be
that of a modified unit dose system. It is agreed that all unused
medications furnished under this procedure shall be returnable to the
Contractor for full credit.
I. "Generic" drugs which have been approved by the Food and Drug
Administration may be substituted for "brand name" drugs provided that
the attending and prescribing physician agrees to the substitution and
that any monetary savings achieved by the substitution are passed on to
the patient's account.
J. The Contractor shall insure that the labeling of all drugs and
biologicals furnished is based on currently accepted professional
principles and includes appropriate accessory and cautionary
instructions and the expiration date when applicable.
K. This agreement does not include drugs, supplies or ancillary
equipment reqired by the Facility on its own account. Such items shall
be purchased in accordance with the City of Bangor purchasing
Regulations.
L. The Contractor shall conduct training periods for the Facility
staff to acquaint them with any changes which may be required. There
will be no charge to the Facility for this service.
86-28]
N. The Contractor shall provide computerized medication
administration record sheets and physician order sheets at no charge.
N. The contractor agrees to prepare G. solution and Normal
Saline at the facility, monthly, at no additional charge.
The Facility will provide all necessary compounds and equipment.
0. The Contractor shall also provide the Facility with an c1138
emergency medication box. This shall be provided, stocked, checked.
regularly, and replenished at no rest to the Facility.
II Relative to Consultant Services.
A. Contractor shall be responsible for the general supervision of
all Facility pharmaceutical services and assure that these services are
rendered in accordance with all applicable Federal, State and local
laws and regulations. Services to be rendered by the Contractor shall
include, but are not limited to, the following examples:
1. Instructing and advising the appropriate employees of the
Facility concerning proper procedures for the distribution,
control, and accountability of all drugs and biologicals
throughout the facility. The Contractor shall make periodic
inspections at the nursing station(s), related drug
0
storage areas, and all applicable records in order to evaluate
staff's performance in carrying out prescribed policies and
procedures.
2. Instruct and advise the appropriate employees of the Facility
about all records required for the receipt and disposition of
controlled drugs and to review such records to assure their
accuracy.
3. Review the drug regiment of each patient requiring skilled
86-287
care at least monthly and each patient requiring intermediate
care at least quarterly, reporting any irregulartities to the
Medical Director, Director of Nursing, attending physician, and
the Administrator.
4. Serve on the Therapeutics Committee and assist in establish-
ing workable policies and procedures to assure conformance
with Federal and State Pharmaceutical regulations.
5. Attend all meetings of the Facility Therapeutics Committee,
Infection Control Committee, Patient Care Policy Committee,
and such other meetings as the Administrator may direct.
6. Submit written quarterly reports to the Administrator cover-
ing:
(a) Current drug service information.
Ib) All visits to the Facility and the activities performed.
7. Upon the request of the Director of Nursing, the Contractor
shall provide in-service education for the professional staff.
The scope and content of such instruction shall be reviewed
with the Director of Nursing prior to each session. A report
outlining the subject matter of each inservice program and the
staff members present shall be provided to the Director of
Nursing.
8. Perform all other responsibilities required of a qualified
consulting pharmacist as set forth in any Federal or State
laws, statutes or regulations as now enacted or as may be
enacted or amended.
B. Contractor agrees that consultant service shall be continuous
during the term of this Agreement and that the services of
86-287
qualified and/or registered personnel shall be available at
all times.
C. Contractor Agrees that he shall devote sufficient time to
provide all the services indicated herein and that the
final determination as to the adequacy of the time devoted
to this aspect of the Agreement shall he made by the
Facility Administrator.
D. In consideration of the consulting services herein specified,
the Facility agrees to pay the Contractor a fee of per
bed per month. This fee shall remain unchanged for the dur-
ation of this Agreement.
III General
A. The Contractor is an independent contractor and is not the
agent of the Facility. The Contractor agrees that during
the term of this Agreement he shall maintain general,
professional and malpractice insurance in an amount of not
less than $300,000 per occurrence. He also agrees to provide
the City with a Certificate of Insurance, concurrent with the
signing of this Agreement, giving evidence of this required
coverage. The Contractor agrees to hold the City harmless
for any losses or liabilities sustained as a result of his
action or failure to act. The City agrees that it shall be
responsible for the actions of its employees.
B. The term of this Agreement shall be for a period of three
-years beginning in July, 1986, unless terminated as provided
herein.
C. This Agreement shall not be assignable by either party without
a6-29]
the consent of the other party.
D. The City may terminiate this Agreement for any of the
following reasons:
k
11) Failure of the Contractor to comply with any of
the terms and conditions herein stated, provided
that the Contractor is given written notice of
his delinquency and granted ten (10) days in which
to correct such delinquency.
(2) Loss by the Contractor of his registration and
or license as a pharmacist or consultant. In
such an instance, termination shall be effective
immediately. .
(3) Failure of the Contrator and the City to reach
mutual agreement on any changes in fees which may
be proposed under paragraphs IG. In such
an instance, termination shall he effective ten (10)
days after the City has given the Contractor written
notice of termination.
-
(4) Financial insolvency of the Contractor. If the
Contractor is adjudged bankrupted, has every
appearance of being so adjudged, the City may
terminate this agreement effective ten (10)
days after the City has given the Contractor
written notice of termination.
E. In the event that a dispute arises between the Facility
and the Contractor, it will be referred to the City Purchasing
Agent for resolution. The decision of the City Purchasing Agent
may be appealed to the City Manager. The decision of the City
Manager shall be final and conclusive.
This Agreement executed
City of Bangor
David M. Pellegrino
Purchasing Agent