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HomeMy WebLinkAboutR-1996-072 Agreement/ Yakima Detention Facility / Counsulting and Pharmaceutical Services, Inc.RESOLUTION NO. R-96- 72 A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute an agreement with Consulting and Pharmaceutical Services, Inc. to provide pharmaceutical products at the Yakima City Detention Facility. WHEREAS, the City owns and operates the Yakima City Detention Facility located at the Police Station/Legal Center, 200 South Third Street, Yakima, Washington; and WHEREAS, the City requires pharmaceutical products for the inmates at said detention facility; and WHEREAS, Consulting and Pharmaceutical Services, Inc. ("CAPS") has the experience and expertise necessary to provide said pharmaceutical products to the City under the terms and conditions set forth in this Agreement; and WHEREAS, CAPS currently has a pharmaceutical agreement with Yakima County to provide pharmaceutical products to the County for the inmates at the Yakima County Corrections/Detention Center; and WHEREAS, pursuant to Chapter 39.34 RCW, the City and County have entered into a cooperative interlocal purchasing agreement that permits the City to obtain pharmaceutical products from CAPS under the same terms and conditions as CAPS' agreement with the County; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into an agreement with CAPS for pharmaceutical services in accordance with the attached .Agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated "Pharmaceutical Agreement" between the City of Yakima and Consulting and Pharmaceutical Services, Inc. for the purpose of providing necessary pharmaceutical products at the Yakima City Detention Facility. ADOPTED BY THE CITY COUNCIL this 1-7 day of - L N , 1996. ATTEST: City Clerk 11slres'pharmareu[icG1 pm Buchanan, Mayor PHARMACEUTICAL AGREEMENT THIS PHARMACEUTICAL AGREEMENT is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereafter the "City"), and Consulting and Pharmaceutical Services, Inc., a Delaware corporation (hereafter "CAPS"). WHEREAS, the City owns and operates the Yakima City Detention Facility located at the Police Station/Legal Center, 200 South Third Street, Yakima, Washington. WHEREAS, the City requires pharmaceutical products for the inmates at said detention facility. WHEREAS, CAPS has the experience and expertise necessary to provide said pharmaceutical products to the City under the terms and conditions set forth in this Agreement. WHEREAS, CAPS currently has a pharmaceutical agreement with Yakima County to provide pharmaceutical products to the County for the inmates at the Yakima County Corrections/Detention Center. WHEREAS, Pursuant to Chapter 39.34 RCW, the City and County have entered into a cooperative interlocal purchasing agreement that permits the City to obtain pharmaceutical products from CAPS under the same terms and conditions as CAPS' agreement with the County. WHEREAS, CAPS is willing to provide pharmaceutical products to the City under the same terms and conditions as contained in its agreement with the County and in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and CAPS as follows: 1. Scope of Services. This Agreement is for the purchase and sale of pharmaceuticals to be dispensed within the Yakima City Detention Facility. CAPS shall: a. Deliver all pharmaceuticals in a modified unit dose blister pack. b. Provide twenty-four (24) hour per day, seven (7) day per week pickup and delivery of medication on an on-call/emergency basis. Page 1 of 5 (1,Iagr/pharmaccutical.pm c. Provide an emergency drug kit in the Yakima City Detention Facility. d. Reimburse the City for unused medication which is returned to CAPS using procedures agreed to between CAPS and the Administrator of the Yakima City Detention Facility. e. Provide to the City individualized monthly statement with itemized charges for each inmate. 2. Modified Unit Dose Dispensing System. CAPS will supply a modified unit dose dispensing system. All equipment purchased by CAPS and used in the delivery of a unit dose system, i.e., medication carts, trays, facsimile machines, etc., shall remain the property of CAPS. Necessary replacement of said equipment as a result of normal wear and use shall be the sole responsibility of CAPS. Should any or all of said equipment require replacement as a result of abuse and misuse by City personnel, the City shall be responsible for the damage caused by the abuse and misuse by City personnel less the depreciated value of said equipment. 3. Term. This Agreement shall commence upon execution hereof and shall continue to the 31st day of December, 1996, and shall be automatically renewed from year to year, under the same terms and conditions, unless terminated by either party or superseded by another agreement. 4. Pharmaceutical Charges. All pharmaceutical charges will be reasonable and commensurate with the pharmaceutical charges imposed against the Yakima County under the previously referred to County pharmaceutical contract. In the event CAPS is declared a nonprudent buyer under this Agreement, following any federal or state intermediary audit, CAPS shall be responsible for demonstrating that the pharmaceutical charges are reasonable to the satisfaction of the auditing agency or as necessary refunding the amount of denied pharmaceutical charges to the City. When a dispute of this nature arises, CAPS shall have access to all reasonable and necessary documents/records that would, in the discretion of CAPS, tend to sustain its claim, the exception being those records which are medically privileged or the disclosure of which is prohibited by law. Further, where the City is an intermediary in the processing of said claim, the City, when requested by CAPS, shall reasonably cooperate in providing information regarding the status of the claim. 5. Payment. Bills from CAPS will be paid by the City by the twentieth (20) day of the month following the month in which said bills are received by the City. Page 2 of 5 (1a)agr/pharmacwcical.pm 6. Status of CAPS. CAPS and the City understand and expressly agree that CAPS is an independent contractor in the performance of each and every part of this Agreement. CAPS and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement. 7. Taxes and Assessments. CAPS shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, CAPS shall pay the same before it becomes due. 8. Nondiscrimination Provision. During the performance of this Agreement, CAPS shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. 9. The Americans With Disabilities Act. CAPS agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. 10. Compliance With Law. CAPS agrees to provide the pharmaceutical products under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise, including the procurement of all necessary and applicable permits or licenses. 11. No Insurance. It is understood the City does not maintain liability insurance for CAPS and/or its employees. 12. Indemnification and Hold Harmless. CAPS agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, agents, officers, employees from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorneys' fees and disbursements) resulting from CAPS' performance and/or non- performance of this Agreement. Page 3 of 5 (1slagr/pharmaccucical.pm 13. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by CAPS to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of CAPS stated herein. 14. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party thirty (30) days written notice of termination. 15. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 16. Integration. This written document constitutes the entire agreement between the City and CAPS. There are no other oral or written Agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 17. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY: TO CAPS: City Manager Yakima City Hall 129 North Second Street Yakima, WA 98901 President Consulting and Pharmaceutical Services, Inc. 103 North 7th Avenue Yakima, WA 98902-2603 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 19. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. Page 4 of 5 (1o)agr/pharmacoucical.pm IN WITNESS to be executed this CITY OF YAKIMA REOF the parties have caused this Agreement day of�! s' 1996. By: Dick Zais, City Manager ATTEST: City Clerk CRY COMTRACqMo•9 5-7 RESC}? UTiOli NO: / — STATE OFW-TON ) :ss. County of Yakima ONSULTING AND PHARMACEUTICAL SERVICES, INC., a Delaware corporation By: Its: I certify that I know or have satisfactory evidence that = is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the ._° , of Consulting and Pharmaceutical Services, Inc., a Delaware corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: / 7O / )79 6 Page 5 of 5 (is)agr/pharmaccutical.pm r,, ,,,A,,,,, ,,,,,,,/e--.•- .,,,,y NOTARY PUB IC in and for the State of Washington, residing at My commission expires: /1/1/': BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ) 1 For Meeting of June 4. 1996 ITEM TITLE: Consideration of a Resolution Authorizing an Agreement with Consulting and Pharmaceutical Services, Inc., and the City of Yakima to Provide Inmate Pharmaceutical Services at the Yakima City Detention Facility SUBMITTED BY: Chief Blesio CONTACT PERSON/TELEPHONE: Chief Blesio - 575-6211 Capt. Pete Adkins, 575-'6294 SUMMARY EXPLANATION: The Yakima City Detention Facility began full operation on April 8, 1996. Pharmaceuticals are a necessary service to provide inmates with required health care. Providing pharmaceuticals to the facility is only a part of the service. It is necessary for the Jail staff to assist in administering medication, therefore, a comprehensive monitoring system along with ongoing staff training is necessary to reduce liability to the City. Consulting and Pharmaceutical Services, Inc., is currently contracting with Yakima County Department of Corrections to provide this service and the only provider identified capable of meeting our pharmaceutical needs. Resolution X Ordinance Contract Other (Specify) Funding Source APPROVED FOR SUBMITTAL: /1.,jat. CI17 City Manager STAFF RECOMMENDATION: It is recommended the Council enact the resolution authorizing execution of this agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: