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HomeMy WebLinkAbout031711 RES - 03/26/2019 Resolution authorizing participation in cooperative purchasing program with the Minnesota Multistate Contracting Alliance for Pharmacy, for the purchase of pharmaceuticals for the City and the Corpus Christi-Nueces County Public Health District. WHEREAS, in order to increase the efficiency and effectiveness of local governments, Chapter 271, Subchapter F of the Texas Government Code authorizes the City to enter into cooperative purchasing programs with local cooperative organizations of the State of Texas or another state; WHEREAS, the State of Minnesota has created the Minnesota Multistate Contracting Alliance for Pharmacy (MMCAP), a cooperative purchasing program which allows state and local entities to procure healthcare and pharmaceutical products at a discounted rate; WHEREAS, in order to procure health care and pharmaceutical products for the City and the Public Health District through MMCAP, the City must establish an account by executing an application for admission to MMCAP and execute the MMCAP Facility Agreement; and WHEREAS, admission to MMCAP will be highly beneficial to the taxpayers through the anticipated savings and efficiencies to be realized. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or designee, is authorized to execute all necessary documents with the Minnesota Multistate Contracting Alliance for Pharmacy in order to establish a new account and procure pharmaceutical products for the City and the Corpus Christi-Nueces County Public Health District. A copy of the MMCAP application and agreement are attached. ATTEST: CITY OF CORPUS CHRISTI Fit 6.0.4(1+(S1/146‘ Ue-49--vt4--e — Rebecca L. Huerta Joe M omb City Secretary Mayo Corpus Christi, Texas lrof `-1(0 031711. r1AN1JFfl The above resolution was passed by/nthe following vote: Joe McComb C�,L Roland Barrera Rudy Garza t � _ Paulette M. Guajardo /..l Gil Hernandez Michael Hunter Ben Molina I 1, Everett Roy 11// Greg Smith Com, 03171 1. MMCAP Minnesota Multistate Contracting Alliance for Pharmacy 651.201.2420 www.mmcap.org Membership Application and Facility Agreement Instructions for Completion Thank you for your interest in membership with the Minnesota Multistate Contracting Alliance for Pharmacy (MMCAP).Processing a new membership application generally takes less than a week after MMCAP receives it. You will receive a welcome letter and copy of the fully executed Membership Application and Facility Agreement after the membership has been activated. Eligibility Membership in MMCAP is limited to facilities that 1. Have legal authority to contract with the State of Minnesota,and 2. The State of Minnesota has legal authority to contract with the entity. Minnesota's authority is limited by Minnesota Statutes Section 471.59,subdivision 10 to: • Other states • Agencies of other states • Counties • Cities • School Districts • Federally recognized Indian tribes • Entities recognized by the member state's statutes as authorized to use that state's commodity or service contracts (Minnesota Statutes Section 16C.03, subdivision 10— found at: https://www.revisor.mn.gov/statutes/?id=16C.03). Application Check List: o Membership Application completed with each question answered If this application includes multiple ship-to locations contact MMCAP Membership at 651.201.2420 or MMCAP.Membership@state.mn.us. o Facility Agreement signed by proper authority of the facility applying o Membership Application and Facility Agreement forwarded to MMCAP for final processing,at M.MCAP.Membership@state.mn.us If you have any questions,please contact MMCAP at 651.201.2420. Rev. 11/2018 Page 1 of 7 111( l ` Multistate ContractingAffiance for MMCAP Minnesota ulPharmacy Membership Application and Facility Agreement Forward the completed Membership Application and executed Facility Agreement to MMCAP for final processing,at MMCAP.Membershipa,state.mn.us 1. Facility Information: *If this application includes multiple ship-to locations contact MMCAP Membership at 651.201.2420 Legal Name: (no abbreviations or acronyms) Corpus Christi - Nueces County Public Health District "Bill To"Street Address: 1702 Home Road City: State: Zip: Corpus Christi Texas 78416 "Ship To"Street Address: 1702 Home Road City: State: Zip: Corpus Christi Texas 78416 Facility Website: Primary Contact Name: Title: Jessica Hernandez Immunization Program Manager Primary Contact Email: Primary Contact Phone: jessicah2cctexas.com 361-826-1303 Second Contact Name:(two contacts must be listed for facility) Title: Belinda Granados LVN Second Contact Email: Second Contact Phone: belindagr@cctexas.com 361-826-1719 2. What type of entity is the facility? (Check one) ❑ State Government ❑ Non-government Private—non-profit ❑ County/Parish Government ❑ Federal Government ❑x Municipal Government 3. What is the primary purpose of your facility?(Check one) ❑ Central Purchasing/Business Office ❑ Public Safety/First Responders ❑ Correctional Facility ❑ School/College/University ❑ Convalescence/Nursing Facility ❑ Veterinary ❑ Mental Health ❑ Other ❑x Public Health Rev. 11/2018 Page 2 of 7 4. Facility Identifiers: a) Health Industry Number (HIN), if unknown leave blank: b) Facility's State Pharmacy License Number,if applicable: 7062 c)DEA Number,if applicable(required for controlled substances): 5. Indicate which MMCAP programs the facility intends to use?(Check all that apply) 0 Pharmacy Program ❑x Influenza Vaccine Program ❑x Pharmaceutical Wholesaler Services (AmerisourceBergen,Cardinal Health,or ❑ Prescription Filling/Pharmacy Service Program Morris&Dickson) 0 Products ❑ Student Health Oral Contraceptives Program ❑ Prescription Drugs (other than vaccines) aVaccines (other than influenza) ❑ Emergency Preparedness/Stockpiling Program Over-the-counter ❑ Nutritionals ❑ Healthcare Products and Services Program ❑ Diabetic Supplies(meters/strips/syringes) ❑ Medical Supplies&Distribution Services ❑ Containers and Vials 0 Dental Supplies&Distribution Services ❑ Contract Price Auditing ❑ Drug Testing Kits and Services ❑ Returned Goods Processing 0 Condoms ❑ Pharmaceutical Repackaging 6. If anything under"Pharmacy Program"was checked please answer this question,otherwise skip. Within the past year,has this facility been affiliated with a pharmaceutical group purchasing organization(GPO) other than MMCAP? (Please check one.) ❑No ['Yes,but the facility is switching to MMCAP.Attach a signed letter on the facility's letterhead stating that it wishes to discontinue your association with its current pharmaceutical GPO and use MMCAP instead. x❑Yes and the facility will remain with its current GPO. Current pharmaceutical GPO Name: Casa Physicians Alliance Products the facility currently purchases: Vaccines offered by Merck and Sanofi *******************MMCAP WIT.i,COMPI.F,TE THESE TWO QUESTIONS******************** 7. Specific legal authority under which this facility may purchase goods and services from MMCAP: 8. Is the facility 340B (PHS)*Eligible? *The Federal 340B Drug Pricing Program provides significant pharmaceutical discounts to facilities receiving certain types of federal government funding. ❑Yes ❑No ******************************************************************************************* Rev. 11/2018 Page 3 of 7 9. Which best describes this facility? (Check all that apply) O Acute Care ❑ Adult Daycare ❑ Juvenile Detention ❑ Ambulatory Care Pharmacy ❑x Laboratory services ❑ Assisted Living ❑ Long Term Care ❑x Clinic(if checked,then check all that apply) ❑ Mail Order Pharmacy x❑ city ❑ Mental Health(if checked,then check all that apply) ❑ dental ❑ ICF/IDD ❑ dialysis ❑ inpatient ❑ oncology infusion clinic or practice ❑ outpatient ❑ outpatient ❑ developmental disabilities ❑ radiology services ❑ No Care Provided ❑x state 0 Nursing Facility ❑ surgical ❑ convalescences ❑x WIC(women, infant, children) ❑ nursing home ❑ Central Purchasing/Business Office ❑ inpatient ❑x Community/Public Health Nursing ❑ outpatient ❑ Corrections ❑x Nutrition Services ❑ city Jail ❑ Other(State and Local Gov't)`healthcare related: ❑ county Jail ❑ Juvenile Detention Q Patient Population Served ❑ state Prison ❑x pediatrics ❑ Dentist ❑x adult ❑ Detoxification ❑x geriatrics ❑ Education ❑x Public Health ❑ school district ❑ Public Safety ❑ elementary ❑ Rehabilitation(if checked,then check all that apply) O secondary ❑ inpatient ❑ post-secondary ❑ outpatient O Emergency First Responders ❑ skilled nursing facilities ❑ Emergency Medicine&Ambulance ❑ Research/Training ❑x Emergency Preparedness ❑ Senior Services O Health Service ❑ Skilled Nursing Facilities ❑ Home Health ❑ Specialty Pharmacy/Special Care ❑ home health provider, non pharmacy ❑ Student Health p home infusion ❑ Surgery Center ❑ home medical equipment ❑ University(if checked,then check all that apply) O Hospice ❑ teaching hospital ❑ Hospital(if checked,then check all that apply) ❑ training or research(clinic research centers) ❑ acute care ❑ college student health services ❑ ci y/county/state ❑ pharmacy school ❑ dialysis ❑ Urgent Care Center O long-term care ❑ Veterans Home—State ❑ oncology infusion clinic or practice ❑ Veterinary ❑ outpatient ❑ veterinary medicine ❑ radiology services ❑ veterinary medicine—university dept. ❑ surgical ❑ veterinary zoological medicine Rev. 11/2018 Page 4 of 7 ("I( MMCAP Minnesota Multistate Contracting Alliance for Pharmacy 50 Sherburne Avenue,Suite 112,St.Paul,MN 55155 651.201-2420 www.mmcap.org Member Facility Agreement This Agreement is by and between the State of Minnesota,acting through its Commissioner of Administration on behalf of Minnesota Multistate Contracting Alliance for Pharmacy("MMCAP") and the facility named in line one of the Membership Application. MMCAP is a free,voluntary,public sector group purchasing organization for government-authorized facilities and is operated by the Office of State Procurement of the State of Minnesota's Department of Administration.It combines the purchasing power of its members to receive the best prices available for the products and services for which it contracts. Membership in MMCAP is limited to facilities with which the State of Minnesota may contract,as defined by Minnesota Statutes Section 471.59,subdivision 10. The Member Facility desires to access MMCAP's programs to purchase products and services for the Member Facility. 1. Term of Agreement and Cancellation This Agreement,which is required by 42 C.F.R. § 1001.952(jj) and Minnesota law,will be effective upon the date it is fully executed by all parties;and will remain in effect until cancelled by MMCAP or the Member Facility. This Agreement may be cancelled by either party upon 30 days'written notice to the other party,or immediately upon material breach by one of the parties. 2. Member Facility The Member Facility: A. Certifies it has authority to enter into this Agreement with the State of Minnesota and,where applicable,authorizes MMCAP to negotiate contracts on its behalf. For non-government entities, also certifies it has statutory authority under which it may purchase goods and services from its state's contracts. B. Must comply with all applicable laws,rules,and regulations governing government purchasing of pharmaceuticals,and related healthcare products and services when utilizing MMCAP contracts and programs. C. Should endeavor,where practical,to purchase its goods and services from MMCAP contracts. D. Acknowledges it will be bound by applicable antitrust laws (Robinson-Patman(15 U.S.C. 13 (a)) and purchase products for its"own use"as defined by Abbott Labs v.Portland Retail Druggists(425 U.S. 1(1976)) and Jefferson County Pharmaceutical Association,Inc. t Abbott Labs(460 U.S. 150 (1983)). E. Will not resell(as may be prohibited by law) or divert products obtained under the MMCAP contracts. If there are any questions about the propriety of the use of products purchased from the MMCAP contracts,the Member Facility will obtain an opinion from its legal counsel and notify MMCAP of the decision. F. When applicable,acknowledges that the prices made available under MMCAP's contracts may represent a discount to price that must be properly and accurately accounted for and reported in accordance with all federal and state laws,including the anti-kickback law(42 C.F.R. § 1320a- 7b(b)(3)(A)) and regulations thereunder(42 C.F.R. §1001.952(h)). G. Must comply with the terms and conditions of the applicable MMCAP vendor contracts and usual and customary industry standards,upon making a purchase. H. Understands that MMCAP is not liable for any denied pricing,chargeback,refusal of vendors to honor contract pricing,or failure of vendors to deliver the products or services. THE Rev. 11/2018 Page 5 of 7 MEMBER FACILITY ACKNOWLEDGES THAT MMCAP IS NOT THE MANUFACTURER OR DISTRIBUTOR OF ANY PRODUCT AND SERVICE AND MAKES NO REPRESENTATION AS TO WARRANTY OF QUALITY, MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,CONDITION,OR OTHER ATTRIBUTE OF THE PRODUCTS SUPPLIED BY VENDORS UNDER MMCAP CONTRACTS. I. Must update MMCAP regarding changes to the Member Facility information and contact person information. J. Must promptly pay MMCAP-contracted vendors for all products or services purchased. MMCAP does not assume any responsibility for the accountability of funds expended by the member Facility. 3. MMCAP MMCAP will: A. Select products or services for cooperative contracting under the programs offered. B. Comply with Minnesota laws, including procurement and data practices, that require fair and open competition. C. Make available copies of contract documents. D. Maintain vendor performance records. E. Assist in resolving administrative, contract, or supplier problems that cannot be resolved by the Member Facility. F. Provide information to the Member Facility regarding products and services available through the MMCAP program. G. Distribute to Member Facilities any unused administrative fees collected from contracted vendors (Article 4 below); and annually disclose in writing to Member Facilities, and to the Secretary of the United States Department of Health and Human Services upon request, the amounts received by MMCAP from vendors that were directly attributable to the Member Facility's purchases. 4. Administrative Fee Collected from MMCAP's Vendors The MMCAP Managing Director may,pursuant to contract terms and conditions,require the contracted vendors (not Member Facilities) to pay an administrative fee to MMCAP. The fee of not more than three percent will be based on a percentage of sales made through the individual contracted vendor. Fees will be collected by the MMCAP office and used to pay for the administrative costs incurred in the operation of MMCAP as approved by the MMCAP Managing Director.Any remaining balance of funds will be returned to active members by means of either a credit to their wholesaler or distributor account,or other mechanism agreed to by the parties,in an amount proportional to the Member Facility's on-contract purchases. 5. Assignment,Amendments,Waiver,and Contract Complete 5.1 Assignment Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a fully executed assignment agreement. 5.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. 6. Liability Each party will be responsible for their own acts and behavior and the results thereof. Nothing in this membership agreement will be construed as expanding the limits of liability of the Member Facility beyond the limits of the law of its state. MMCAP's liability is governed by the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736,and other applicable laws. Rev. 11/2018 Page 6 of 7 7. State Audits As mandated by Minnesota Statutes Section 16C.05, subdivision 5, "the books, records, documents and accounting procedures and practices of the[Member Facility]relevant to this Agreement shall be made available and subject to examination by the State of Minnesota, including the contracting agency/division,Legislative Auditor,and State Auditor"for a minimum period of six years after the termination of this Agreement. IN WITNESS WHEREOF,the undersigned parties represent they have the authority to bind their respective party and have signed intending to be bound thereby. Member Facility: State of Minnesota,through its Commissioner (Person with legal authority to bind the facility) of Administration on behalf of MMCAP: Signature: Signature: Title: Title: Date: Date: Commissioner of Administration,as delegated to the Office of State Procurement: Signature: Date: IN AN APPROVAL CAPACITY ONLY: State Contact: I have reviewed and approve the facility's eligibility for membership in MMCAP. By: Date: Rev. 11/2018 Page 7 of 7