Loading...
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