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HomeMy WebLinkAboutCAG2020-382 - Amendment - Omnicare of Seattle - Inmate Healthcare Services - 12/25/2020ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingComments: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached Omnicane a?GllSHeolthcompany The City of Kent Corrections Facility 1230 Central Ave South Kent, WA,98032 Dear Valued Customer: As your pharmacy provider, Omnicare strives to provide you with outstanding services and value through our unmatched industry experience and expertise. To that end, Omnicare is pleased to offer you the COVID-I9 vaccination distribution services set forth in this letter amendment to your current and existing pharmacy services agreement or agreements between Omnicare pharmacies and your facilities (collectively, the "Current Services Agreement"). Subject to the availability of supply to Omnicare under the CDC COVID-19 Vaccination Program provider Agreement between CDC and CVS Pharmacy, Inc. (the "CDC Agreement"), Omnicare may provide COVID-1g vaccines obtained through the CDC Agreement for you to administer to your residents and staff. Omnicare's ability to supply COVID-19 vaccines is also subject to continuing FDA Emergency Use Author izationor subsequent approval for use, and compliance by you and your staff with the ordering, storage, administration, and reporting policies and procedures set forth in Exhibit A to this letter amendment. Omnicare shall have the right to audit your compliance with the policies and procedures in Exhibit A, and you, your staff and the facilities shall cooperate in full with Omnicare's audits, including by providing any and all information Omnicare determines is necessary to perform the audit. Omnicare will charge your facilities $60.00 per COVID-19 vaccine vial distributed by Omnicare to your facilities (the .,Distribution Fee"). The Distribution Fee is intended to cover services provided by Omnicare (described in Exhibit A) that would otherwise be reimbursed by payments from third party insurers or the Health Resources and Services Administration ("HRSA") and shall constitute a facility payable item and shall not be charged to any patient, staff member, or other payer, whether directly or indirectly through, for example, increased fees for existing services solely to cover the cost of the Distribution Fee.. To the extent any of your facilities elect to submit for reimbursement through applicable third-party payers or HRSA for administration of the vaccine, the facilities shall not reflect the Distribution Fee in cost reporting to the Centers for Medicare and Medicaid Services ("CMS") or any other applicable agency. Omnicare will bill your facilities consistent with the billing and collections terms in the Current Services Agreement. Neither Omnicare's pharmacies nor your facilities may bill any patient or private responsible party for any cost associated with the COVID-I9 vaccines distributed by Omnicare to you. This prohibition does not affect your facilities' ability to bill third-party insurers or the federal HRSA prog.urn for the uninsured and accept payment from those insurers or HRSA provided the facilities accept that payment as payment in full and do not assess or attempt to collect any cost sharing obligation' co- payment, or non-covered payment from patients or responsible parties. Omnicare will submit an invoice to your facilities for Distribution Fees associated with this letter amendment in a manner consistent with the terms and conditions in the Current Services Agreement. Omnicare shall apply any applicable discounts to the Distribution Fees to the extent otherwise applicable as set forth in the Current Services Agreement. If any charges are not paid by your facilities when due, Omnicare may assert any remedies for non-payment in a manner set forth in the Current Services Agreement. Omnicare's COVID-I9 vaccine services in this letter amendment shall continue until: (a) terminated by either party on 30 days' written notice to the other party; (b) termination or expiration of the CDC Agreement; or (c) the termination or expiration of the Current Services Agreement' In addition, Omnicaie may immediately terminate, suspend and/or cease the provision of any COVID-I9 vaccine services in this letter amendment if it determines any of the facilities or their staff have failed to comply with the policies and procedures in Exhibit A. The terms of this letter amendment are non-negotiable and shall be deemed incorporated into the terms of the Current Services Agreement and made a part thereof. The terms of this letter amendment and services described herein shall be governed by the terms of the Current Services Agreement except as otherwise specified in this letter amendment. If there is a conflict between the Current Services Agreement and this letter amendment, the terms of this letter amendment will govern. If you have any questions or would like to discuss further, please feel free to reach out to your Omnicare Account Executive Sincerely Paul J. Brodnicki, II Senior Legal Counsel please review the terms of this letter amendment carefully and if you accept the terms of services herein, please sign and return a copy of the signed letter amendment to CovidVaccineContracting@CV SHealth.com. Customer S ignature (Required) : Name (Please Print) (Required): Title (Please Print) (Required): Aas r s'r*.^rr Cttte;'F KFP Date of Signature (Required): EXHIBIT A Om nicare Pharmacv's Resnonsibilities Each Omnicare pharmacy shall: Report vaccine recipient required information ("vaccine Administration Data,,) to relevant state, local and territorial ru?f;ji.T,l.,t authorities' This reporting shall ie managed and maintained in a manne..onririlnt with the cDC comply with all cDC requirements for vaccine management and cold-chain through preparation of covlD-19vaccine for delivery to facility. il:irilrlji*used, spoiled, expired or wasted covlD-19 vaccine as required by relevant jurisdiction and cDC comply with all federal instructions and timelines for disposing covlD-19 vaccine, including unused dosesreturned by facility. ft"*S3Jrul:'f|#ors and'/or adverse events reported by facility in a manner consistent with the requiremenrs of Provide facility with sufficient covlD- l9 vaccination record cards.Provide facility with relevant information sheets, handling oo.ur"ntr, and other publicly available trainingmaterials to aid in administration of COVID_19 vaccine.Provide facility with all relevant omnicare covlD- l9 vaccine-related poricies, procedures, and work instructions. your Facilitv's Resnonsibilities 2 J. 4. 5. 6. 7. Each ofyour facilities shall 2. -t 4. order a vial of covlD-lg.vaccine only when it-reasonably believes itl'as sufficient anticipated recipients (patients eH::T:?r?Ji" " complete vial of covtD-le vaccine,'u, drrrrib"d in current s;id*;;;* manufa*urers, Prepare to administer covlD-19 vaccine within a time frame outlined in current guidance from manufacturers,cDC' and/or FDA for post-thaw vaccine viability. rn urr .u.ntr, uti iu".in" must be administered within certaintime frames from receipt of vial as outlined in omnicare dilfi;iicies, procedures, or work instructions.Facility acknowledges that certain covlD-19 vaccines ui. ,uoj""ito cold-chain storage requirements and may spoilif not administered within identified time frames.postthaw. Facility shall not administer any vaccine after therecommended post-thaw time frame. comply wiitr att other vaccine management requirements, includingmonitoring for vaccine-expiration dates and oilr".cnc guia""."i"g".oing handling (available atlTt//y**,cdc. gov/v-accines/hcp/admin/storage_hanOf i"ng.frtm f j. - --- Administer the covlD-19 vaccine consistent *itr, at..qiir",nJntr, recommendations and other guidance of cDCand cDC's Advisory commiftee on Immunization p.actii"r. i".'i6;r vaccine services must be administered in ;:ltltil"t with cDC's Guidance for Immunization Services fiG the covrD-ts pun;.;;. for safe delivery of Administer regardless of recipient's ability to pay or insurance coverage status and not seek reimbursementfor covlD-l9 vaccine or other materials p-io"a.uy prr"ir""v "utained through the cDC Agreement.Notwithstanding this provision, facility may seek reimbursement rrJm a program or plan that covers covlD- l 9vaccine administration fees for vaccine recipients. Facility shall not charge vaccine recipients in any manner foradministration of the vlccine, inctuding batance billingl.opuy "olL"tion, or any other charge.Prior to administration, obtain informed clnsent. from ...ipi."ioi *rrni9r11, representative (if applicable) andprovide an approved EUA fact sheet or vaccine information **r""i?"vlS") to each recipient or representative, as f,iJ|iill; Upon consent by recipient or recipient's representative, i""iriry rnay provide ui .t"rt.oni. copy of either Administer covlD-19 vaccine in a manner toTfliSlwith all requirements set forth by the FDA or the vaccine ffi:l"t ,,",J';fft,:1T,?,0.:1ffi:'f,ffi:", the EUA that covers tt. Covn-re vaccine, *J"u other appricabre Maintain appropriate safety protocols to ensure rec^ipient safety, including having available resources to managepotential anaphylactic reaction to administration of ihe covtn-ts vu""in*, specifically including sufficient 5 6 available supply of epinephrine autoinjector devices (or other epinephrine product), Hl antihistamine (e.g., diphenhydramine, cetirizine), blood pressure monitor, and timing device to assess pulse' i . piovide each vaccine recipient with a completed COVID-I9 vaccination record card. g. Record Vaccine Administration Data in facility's system of records within 24 hours and maintain the Vaccine Administration Data for at least three (3) years, or longer if required by state, local, or territorial law. g. provide pharmacy with required Vaccine Administration Data in a form provided by Pharmacy or otherwise agreed immediately following administration of all doses and no later than by close of business on the day of receipt of COVID-19 vaccine. 10. Report any administration errors or clinically significant adverse events from administration of COVID-19 vaccine in ihe form outlined https://vaers.hhs.gov/reportevent.html. Facility shall report in a manner consistent with the CDC Agreement regarding adverse event reporting (including (1) administration errors; (2) severe COVID-19 illness; (3; serious udu.rtJ"u.nt, including death; (4) life-threatening adverse event, hospitalization or prolongation of hospitalization, persistent or significant incapacity or substantial disruption of ability to conduct normal life functions; (5) a congenital anomaly/birth defect; or (6) an important medical event not otherwise covered by which may be considered Jerious when, based upon appropriate medical judgment, the adverse event may jeopardize the patient or require intervention to prevent another listed adverse event outcome). Facility shall provide pharmacy with a copy of the report. Nothing in this section relieves facility of any independent reporting obligations it might have to any federal, state, or local healthcare authority. I 1. Report to iharmacy any unused doses in the form or manner provided by Pharmacy and retum vials of unused doses to pharmacy for disposal. 12. Comply wiitr att Omnicare COVID-19 vaccine-related policies, procedures, and work instructions.