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HomeMy WebLinkAboutAgreements/Contracts - Sheriff & Jail (002)K23-021 UE11WID �Mv This acyreement (4Agreement" made and this 5" day of January, 2023, by and between MAO Pharmacy, ',Inc.,, aVirgni-ta corporation trading as Westwood Pharmacy"', hereinafter referred to as ".WESTWOOD" and Grant County, WA, hereinafter referred to as "COUNTY", is as follows: WITNESSETH: WHEREAS, WESTWOOD operates a pharniacy licensed in the Commonwealth of an Virginia*d, WFIEREAS, , WESTWOO' -D in the business of providing comprehensive pharmaceutical is - services in coiTectional settings for various state and to government entities; and, WHEREAS, COtNTY desires to have WESTWOOD provide comprehensive Y% phan-nace utical. services �for its iacility located at 32 C St. NW, Ephrata, WA 98823 NOWTHERE FORE, in consideration. of the -foregoing, COUNTY and WESTWOOD do mutually agree as fol.lows: 1.) Services. WESTWOOD agrees to provide COUNTY comprehensive pharmaceutical care services ("Services""') pursuant to the terms and conditions of this Agreement and in consideration of the timely payment of its monthly invoices. WESTWOOD understands that the CGUNTY has a right to access the same or similar services ii -oma another vendor and that this is a non-exclusive contract for pharmaceutical care services. 2) BacjLup Phar .acv. WESTWOOD will provide COUNTY with a local back-up pharmacy provider in the event that COUNTY needs an emergency medication(s) outside of WESTWOOD's scheduled daily deliveries. 3) Pn*cing & Payment. In consideration of the Services, CO'UNTY agrees to pay WESTWOOD for all items of work performed and/or materials furnished within thirty (30) days from its receipt of an invoice in accordance with the pricing model attached hereto as Exhlbit A. Backup pharmacy services will be billed as a pass-through charge at the contracted backup pharmacy's rate, as billed through a pharmacy benefit management (PBM.) company, plus the backup pharmacy's delivery charge or on-call charge, or the taxi or courier charge if applicable. A late fee of 2.5% per month will be applied to all balance that are over forty-five (45) days past due. 4) Shipping Costs. WESTWOOD will be responsible for all shipping costs three days a. week. All shipments in excess of three days a week shall be billed as a pass-through cost to COUNTY.. 5) Medication Carts. Two medication cart(s) can be provided on loan for the duration of the Agreement (when these medication carts are purchased from Westwood), If current carts, are in need of repair, please contact your WESTWOOD account manager. If providing carts, the modeL type and number of carts will be at WESTWOOD's discretion. 6) Terin, The term of this Agreement shall commence on January 3, 2023, and shall remain in full. force and effect for a period of one (1) year with the option of three (3) one (1) year renewals if agreeable by both parties, 7) Termination. Either party may terminate this Agreement, with or without cause, upon thirty (30) days written notice to the other party. 8) Relationsh' of Parties. It is agreed that nothing contained. in this Agreement is intended or should be construed as constituting arelationship ofpartnership, Joint venture, or an association between. WE Woo: and COUNTY. 'WESTWOOD is an independent contractor and neither it its employees, S'Ltbcontractors,,, nor representatives shall be considered employees, agents, or representatives of CO'UNTY. 9) Entire Afareement. This Agreement constitutes the entire understanding between the parties and hereby supersedes and. replaces any prior oral or written agreements in their entirety. 10) Modifications, & Amendments. This Agreement may be modified or amended by a B ritten agreement that is executed by both parties. 10Govening Law & furisdiction. This Agreement shallbe govemedby the laws of the State of Washington with Washington with venue and Jurisdiction being with the State Gratit County Superior Court. 12) Notices. Any notices required or permitted to be given under this Agreement shall be furnished in. writing and sent first class mail or registered mail to: WEST WOOD: Westwood, Phannacy. Attn: Mark A. Oley, Vice President 5823 Patterson Avenue Richmond, VA 23226 Oil -NT .- Grant COLInty Jail Attn.- Larissa J. Craghead 35 C St. NW Ephrata, WA 98823 IN WlTNESS WHEREOF, WESTWOOD and COUNTY have caused this Agreement to be executed by each of thel'r duly authorized. officers this 1.011 day of January, 2023: WESTWCOD: MAO Phannacy, Inc., t/a Westwood Pharmacy By: Printed Name & Title: Vice Presider�'r Exhibit A. Pricing WESTWOOD -will invoice COUNTY as follows: • Brand Medications-, *Actual Acquisition Cost + $2.95 per RX • Generic Medications-, **AWP — 75% • Over -the -Counter Items,, Invoice Cost + $3.00 per piece *Actual Acquisition Cost is defined as WESTWOOD's invot'ce cost at the time of dispensing 4 AWS' is defined as Average NMiolesale PrIce at the time of di-spensing, as updated by Medi-SpanV AWP is subject to: fluctuations (increase and decrease); however, our proposed diSCOUnt to AWP" wili remain fixed 1.1i.roughout the term of theAgreement C� 0 �,A%GS`I�r�c�� �Nc�riwVrae I P-�/'cC�F��-�LA C7— ATTEST: I BP rb a J. Va$916(1. e CCI-r of the Bo4d Approved as to form: BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Rob ® hair Cindy Carter, Vice -Chair Danny E. tone, Member