HomeMy WebLinkAboutAgreement A-17-314 with Coast2Coast.pdf Agreement No. 17-314
1 AGIUEMENT
_11IIS AGIZEE:MI NT is made and entered into this 20th day of June 2017,
by and between the COUNTY OF FfiESNO, a Political Subdivision of the State of California,
hcreinafi.er referred to as "COUNTY", and FINANCIAL MARKETING CONCEPTS, INC. dba,
COAS T2COAST I1h DISCOUNT CARD PROGRAM, a Florida corporation authorized to do
business in the State ofC'alifornia, whose address is 1 102 AIA North, Suite 202, Potlte Vedra Beach.
Florida, 32082. hereinafter referred to as "CONTRACTOR".
t3 WITNESSETH•
WIIEREAS, COUNTY, through its Department of I'ubiic I lealth (I)PI1). is in need of
10 prescription Drug Discount Program to benefit COUNTY's uninsured and underinsured Fresno
11 County residents; and
7 WHEREAS, C(:)NTRACTOR, has created a discount prescription card program, the
1 3 "Coast2Coast Rx Discount Card Prograrn", which provides discounts on the retail price of prescription
14 drugs to individuals and families, and
15 WI II:RF.AS, CONTRAC-1-01t can provide COUNTY the opportunity to offer its Coast2Coast
6 Rx discount pharmacy card to its residents at no cost to the COUNTY or COUNTY's residents-, and
17 WHEREAS. ('ONTRACTOR, is qualified and is willing to provide such services, pursuant to
18 the terms and conditions of this Agreement.
19 NOW, THFIIFFORF_•., in consideration of their mutual covenants and conditions, the parties
t� hereto agree as follows:
21 1, CONTRACTOR'S RESPONSIBILITIES
22 A. CONTRACTOR shall perform all services and fulfill all responsibilities as
23 identified in COUNTY's Request for Proposal (ItFP) No. 17-061 dated March 3, 2017, Addendum
24 One (1) to COUNTY's R17 P No. 17-061 dated Match 22. 2017, (hereinafter collectively referred to as
25 RFP No. 17-061) and C'ONTRACTOR's Response to said RI'P dated April 6, 2017 all incorporated
E, herein by reference and made part of this Agreement. In the event of any inconsistency among these
27 documents, the inconsistency shall be resolved by giving precedence in the following order of priority,
28 1) to this Agreement, including Exhibit A; 2) to RIP No. 17-061; 3) to the Response to ItFP. A copy
1 - C0tJN'1V OV IRI{SNC)
I'resno,CA
I oFC.OUNTY's ]t `P No. 17-061 and C'ONTRACTOR's Response shall be retained and nude available
during the term of this Agreement by COUNTY's Internal Services Department, Purchasing i7ivision.
B. CONTRACTOR shall perform all services and fulfill all responsibilities
4 identified in Exhibit A, attached hereto and by this reference incorporated herein, at no cast to the
5 COUNTY,
C. CONTRACTOR shall pay COUNTY a royalty for each prescription filled under
7 COLWI'Y's unique Group Code that results in a paid claim pursuant to Paragraph Four (LI) herein.
2. TERM
r' The term of this Agreement shall be for a period of three (3) _years,
10 commencing on the 1" day of"July 2017 through and il.lclLiding the 30"' clay of June, 2020 This
11 Agreement may be. extended for two (2) additional uon.wcutive twelve (I?) month periods LIP011 Written
12 approval of both parties no later than thirty (30) days prior to the first day of the next twelve (12) month
1:1 extension period, The COUNT Y's DPH Director or his or her dcsinee 1s authorized to execute. such
1� 19
written approval on behalf of COUNTY based on CONTRACTOR'S satisfactory performance.
3. TERMINATION WITHOU'1" CAUSE
16 This Agreement may be terminated by COUNTY upon the giving, of thirty (30) days
17 advance written notice of an intention to terminate to CONTRACTOR
I H 4. COMPENSATION
7 q Beginning; one (1) month after implementation. CONTRACTOK agrees to pay
{� COUNTY and t'Ui1NTY agrees to receive compensation tf3r Royalties at the rate of One and 25/100
I Dollars ($1.25) per prescription filled by a participating pharmacy Llsing COIJNTIr"s assigned unique
code that results in a paid claim to the CONTRACTOR. Royalties shall be paid on a monthly basis
based on the usage reports submitted to the COUNTY. Royalties paid shall not increase the final cost
of medication or services provided to Fresno County residents
CONTRACTOR Nvill 1?ay said royalty as listed above, so long as COUNTY has not
endorsed another discount preseripbon card after the execution of this; Agreement. In the event
COI.INTY endorses another- discount prescription card, then the Royalty amount will be paid at the
2 rate of Twenty-Five Cents ($0.25) per prescription filled by a participating pharmacy using
Rresno,(-.A
CMJNTY's assigned unique code that results in a paid claim to the CONTRACTOR.
In (lie event this Agreement is terminated by CONTRACTOR or COUNTY for tiny
reason, from and after the termination date, the royalty will be paid at the rate of Twenty-Dive Ceats
($0.25) per prescription tilled by a participating pharmacy using C'OUNTY's assigned unique code
that results in a paid claim to the CONTRACTOR. Such Royalty ptlyniellts will Continue for aw long;
F as CONTRACTOR niakes its CoastXoast Rx Discount Card Program available to l"rcSno C_OLinty
residents
Royalty payments by CONTRACTOR to COUNTY shall be paid in arrears, within
forty-five (45) days, for prescriptinns filled and paid by the Fresno County residents during; thc.
preceding month,
-- 5. WDEPENDENT CONTRACTOR
12 In performance of the 4vork, duties, and obligations assumed by C'ONTRACTOr under
1 this Agreement, it IS mutually understood and agreed that CONTRACTOR, including any and all of
14 CONTRACTOR's officers, agents, and employees, including Its pharmacy benefit manager
l (WellDyneRx, Inc), and participating phai•macles will at all times be acting and performing as an
independent contractor, and shall act in all independent Capacity and not as an officer, agent, servant,
17 employee,_joint venturer, partner, or associate. of the COUNTY_ Furthermore, COUNTY shall have
1 t no right to control or Supervise or direct the planner- or method by which CONTRACTOR shall
1 perform its work and function. However, COUNTY shall retain the right to administer this
1'0 Agreement so as to verify that CONTRACTOR is performing, its obligations in accordance with the
1 leans and conditions thereof. CONTRACTOR and COUNTY shall comply with all applicable
2 provisions of law and the rules and regulations, if aoy, of governmental authorities having jurisdiction
over rtiatters which are directly or indirectly the subject of this Agreement.
Because Of its status aS an independent contractor, CONTRACTOR shall have
2 absolutely no right to employment rights and benefits available to COUNTY employees
ry CONTRACTOR shall be solely liable and responsible for providing to, or on bellall'ol, its employees
1'< all legally-required employee benefits. In addition, CONTRACTOR shall be solely responsible and
f gave COUNTY harmless from all matters relating to payment of CONTRAC:TOR's employees,
- COUNTY OF FRI=SNCO
Fresno,CAA
including compliance with Social Security, withholding, and all other regulations governing such
matters. It is acknowledged [fiat during the term of this Agreement, CONTRACTOR may be
providing services to others unrelated to the COUNTY or to this Agreement.
4 G. I0 ODIFIC AT'ION
Any matters of this Agreement may be modified frOM lime to time by the written
consent of all the parties without, in any way, affecting the i-emainder.
7. NON-ASSIGNNIL,NT
Neither party ,hall assign, transfer or subcontract this Agrc.en�cnt nor their rights or
' duties under this Agreement without the prior written consent of the other party. This section shall ilot
1{� apply to CON'I,RACTOR's pharmacy benefit management company, WellDyneRx, Inc, Such service
l 1 shall he subcontracted by CONTRACTOR to Well DvneRx, Inc. This section shah also not apply to
12 CONTRACTOR's subcontractors who provide ancillary medical scrviccS including lab testing,
13 illiaging services, vision, and hearing, Notwithstanding the ahcrti'e, CONTRACTOR shall remain
14 liable for all duties and responsibilities under this Agreement, including pharmacy benefit
15 management sci-vices and said ancillary services.
l Fii S. I10LD-1-1ARNj1,ESS
17 CONTRACTOR agrees to indemnify, save, hold harmless, aria at COUNT•Y's request,
18 defend the COUNTY, its officers, agents and employees from any and all costs and expenses,
including attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to
'r7 COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its officers,
1 agents or employees, including its pharmacy benefit irlanager (We1lUyneRx, Inc.) anti participating
pharmacies, under this Agreement, and from an
l �, e" y and all costs and expenses, including attorney fee~
and court costs, damages, liabilities, claims and losses occurring or resulting to any person, firm or
24 corporation who may be injured or dainaued by the performance, or failure to perform, of
2S CONTRACTOR, its officers, agents or employees, including its pharmacy benefit manager
26 (WellDyneRx, Inc.) and participating pharmacies, under Ellis Agreement.
27 9. INSURANCE
28 Withcnit limiting the COUNTY's right to obtain indemnification from CONTRACTOR
i (:0L1rrl')'QF FRTiSNC
Fresno,CA
ti or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect the
following insurance policies throughout the term of this Agreement:
A. Commercial General Liability
Commercial General Liability Insurance with limits of not less than One Million
Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million
Dollars ($2,000,000), This policy shall be issued on a per occurrence basis
., COUNTY may require specific coverage including completed operations,
product liability, contractuai liability, Explosion, Collapse, and Underground
(XCU), fire legal liability or any other liability insurance deemed necessary
because of the nature of the Agreement.
ra
B_ Automobile Liability
1 0
Comprehensi ve Automobile liability Insurance with limits for bodily injury of
1, not less than Two Hundred Fifty Thousand Dollars ($250,000) per person, Five
Hundred Thousand Dollars ($500,000) per accident and for property damages of
not less than Fifty Thousand Dollars (S50,000), or such coverage with a
23 combined single limit of Five Hundred Thousand Dollars (S 00,000). Coverage
should include owned and non-owned vehicles used in connection with this
14 Agreement.
i C. Professional Liability
1 `' If'('ONTRACTOR employs licensed professional staff(e.g. Ph.D_, R.N.,
L.C,'.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with
limits of not less than One Million Dollars ($1,000,000) per occurrence, Three
1.z% Million Dollars ($3,000,000) annual aggregate.
19 D. Worker's Compensation
20 A policy of Worker's Compensation Insurance as may be required by the
1 California Labor Code.
2 CONTRACTOR shall obtain endorsements to the Commercial General Liability
23 insurance naming the County of Fresno, its officers, agents, and employees, individually and
2,1 collectively, as additional insured, but only insofar as the operations under this Agreement are
25 concerned. Such coverage for additional insured shall apply as primary insurance and any other
26 insurance, or self-insurance, maintained by the COUNTY, its officers, agents and employees shall be
27 excess only and not contributing with insurance provided under the CONTRACTOR's policies herein.
28 f'his insurance shall not be cancelled or changed without fi minimum of thirty (30) days advance
- S - C[7UMY OF F RESNO
Fresno,CA
1 written notice given to COUNTY.
Within thirty (30) days from the date CONTRACTOR executes this Agreement,
CONTRACTOR shall provide certi f icates of insurance and endorsements as stated above for all of the
4 C(Iregoing policies, as required herein, to the County of Fresno, Department of�Public Health, P.O. Box
-� 11867, Fresno, California, 93775, Attention Contracts Section — 6"' Floor, stating that sr_ich insurance
coverage have been obtained and are in lul l lbrce; that the County of Fresno, its officers, agents and
employees will not be responsible for any premiLlrtls on the policies, that such Commercial General
' L-ability insurance names the County of Fresno, its officers, agents and employees, individually and
--� collectively,. as Additional insured, but only insofar as the operations under this Agreement are
i r concerned; that such coverage for additional insured shall apply as primary insurance and any other
1 1 insurance, or self-insurance, maintained by the. COUNTY, its officers, agents and employees, shall be
12 excess only and not contributing With irasLlrance provided Linder the CONTRACTOR's policies herein,
13 and that this insurance shall not be cancelled or changed witholrt a minimum of thirty (30) days
14 advance, written notice given to COUNTY.
1 In the event CONTRACTOR fails to keep in ef7ect at all times insurance coverage as
1 ' herein provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate
this Agreement upon the occurrence ol'such event
1 t All policies shall be with admittcd 1n5L11-01_a licensed to do bl-Ismiess In the State of
1`a California. Insurance purchased shall be from companies possessing a current A.M. Best, Inc, rating;
?{= of A l SC V I I or better.
21 10. C'C0NFIDENTIALITY
22 All services performed by CONTRACTOR under this Agreement shall be in strict
23 conformance with all applicable Federal, State of California and/or local laws and regulations relating
2 to confidentiality.
"_� 11. NUN-DISC
Turing the pertorinance of this Agreement, CONTRACTOR ,~hall not uralawfiall_y
discriminate against any, employee or applicant for employment, or recipient of services, because of
race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical
6 - COLIN'lY OF FRESNO
Fresno,CA
- condition, genetic information, marital status, sex, gender, gender identity, gender expression, age,
sexual orientation, or military or veteran status pursuant to all applicable State of California and
-j Federal statutes and regulations.
12. USE OF COUNTS' SEAL
COUNTY grants to C:ONTR1{'TOR, and CONTRACTOR accepts, a nonexclusive,
F ric?iltrarlsfera ble, limited and revocable licensC to use the Fresno County Seal in connection with the
7 Coast2Cr�ast Rx discount prescription card program as described in this Agreement, and specifically,
18 but not by way of limitation, that CONTRACTOR has the right to list the }.'resllo County Seal cn the
discount card, the private label website for the COUNTY created by CONTRACTOR, and ir1
1{ CONTRACTOR's marketing materials, including the letter to participating pharmacies and pick up
11 locations. Upon termination of this Agreement, the CONTRACTOR's license to use the COUNTY
1'? Seal will be revoked.
-3 13. REPORTS
14 CONTRACTOR shall submit to C:OUNTY's Department ol'Public Health monthly
15 usage reports GO-Vering the services provided to Fresno County residents in accordance with the terms
I t and conditions of this Agreement, including the Repc]rting Requirements set forth in Exhibit A.
17 14. AUD1"1'S AND INSPECTIONS
1 Q CONTRACTOR shall at any lime during business hours, and as often as the COUNTY
_ may deem necessary, make available to the COUNTY for examination all of its records and data with
respect. to the matters covered by this Agreement. CONTRACTOR shall, upon request by the
21 COUNTY, permit the COUNTY to audit and inspect all such records and data necessary to ensure
2'2 CONTRACTOR's compliance with the terms of this Agreement.
`3 If this Agreement exceeds Teri Thousand and No/100 Dollars ($10,000.00),
24 CONTRAC"I'OR shall be subject to the examination and audit of'the State Auditor for a period of
S three (3)years after final payment udder contract (Government Code Section 8546,7),
15. NOTICES
The persons and their addiesses halving authority to give and Fcceivc notices Linder Lhis
Agreement include the following;
7 - c.:C]E T1�111 C)f 1^1tLtitt c_r
Fresno,CA
i COUNT'Y CON'l'RAC'TOR
Director, County of Fresno Edward W. Rahn, President/CF.0
Department of Public: Health Financial Marketing Concepts, iric.
P-0. Box 1 1867 1 102 A I A North, Suite 202
4 Fresno, CA 93775 Ponte Vedra. Reach, 1{L 32082
=� Any and all notices between the COUNTY and the CONTRACTOR provided fiir or
' permitted under this Agreement car by law shall be in �kriting and shall be deemed duly served when
personally delivered to one oCthe parties, or in lieu of such personal service, when deposited in the
United States Mail, postage prepaid, addressed to such party.
16. GOVERNING LAW
t The parties agree, [fiat i(_)r the purposes of venue, performance under this Agreement is
11 to he in Fresno County, California.
12 The rights and obligations of the parties and all interpretation and performance of this
1 Agreement steal l be governed in all respects by the laws of the State of C'alifornia.
14 17. SEVERekHfLITY
The provisions of this Agreement are severable. The invalidity or unenforceability of
' anv omn , provision in the Agreement shall not affect the other provisions.
17 18, OISCLOSLIRE 017 SELF-DEALING: TRANSAcnONS
1 This provision is only applicable if the CONTRACTOR is operating as a corporation (a
t `j fbi-profit or non-profit corporation) or it'during the lerm of this agreement, the CONTRACTOR
changes its statrls to Operate ;is a corporation.
Members of the CONTRACTOR's Board of Directors shall disclose any self-dealing
' transactions that they are a ]art_ to while CONTRACTOR is providing goods oi- performing services
y party p ., p'
under this agreement. A self dealin:; transaction shall mean a transaction to which the
CONTRACTOR is a parity and in which one or mare Of its directors has a material financial interest,
Members of the Board of Directors shall disclose any self-dealing;transactions that they are a party to
? ' by completing, and signing a SelMealing Transaction DisclOsure Form, attached hereto as Exhibit B
7 ;arid incorporated herein by reference, and submitting it to the COU NTY prior to commencing with the
self-dealing; transaction or-immediately thereafter.
OF FRFS'NO
Fmsnn, c.A
- 19. SURVIVAL
Upon termination of this Agreement in accordance with Section Two (2) and Three (:�)
hereinabove, the parties' obligations under this Agreement shall terminate, except for those obligations
set forth in Section Four (4) related to Royalty payments and Section Thirteen (13) related to reporting;
�D requirements, as otherwise provided in this Agreement, which shall survive termination hereof and
continue in effect in perpetuity.
20. ENTTRE AG RE EMENT
a This Agreement, including all Exhibits, COUNTY's RIP No. 17-061, and
CONTRACTOR's response thereto, constitutes the entire agreement between the CONTRACTOR
and COUNTY with resl)ect to the subject matter hereof and supersedes all previous Agreement
11 negotiations, proposals, commitments, writings, advertisements, publications, and understanding of
any nature whatsoever unless expressly included in this Agreement.
1� 111
=E= llI
1 i 111
1 � 111
20 /ll
2 2111
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4 /ll
2` 111
2 Fi llI
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- 9 - t:�rtrlti I)' �_)4 I,kI{:�tJt_
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
2 day and year first hereinabove written.
3
4 CONTRACTOR: COUNTY OF FRESNO:
FINANCIAL MARKETING CONCEPTS, INC.
5 dba COAST2COAST RX DISCOUNT
CARD PROGRAM
6
7 By C �� � By
g Chairman, Board of Supervisors
Print Name: Edward W. Mahn
9
Q Title: Proidenl Date: L.D PNDl ax tk
Chairman of the Board,, or
11 President, or any Vice President
12 Date: May 26, 2017 BERNICE E. SEIDFL, Clerk
13 Board of Supervisors
14 Byr: �C.i
1 r' Print Name: Edward W. Rahn By
16
Title: _Corporate S%!L tM Date: LQ 196jamo�
17 Secretary (of Corporation), or
any Assistant Secretary, or
1 Chief financial Officer, or
19 any Assistant Treasurer
20 Date. M,4y 26, 2017 PLEASE SEE ADDITIONAL
21 SIGNATURE PAGE ATTACHED
22
23
24 Mailing Address:
2 5 1102 A 1 A North, Suite 202
Ponne Vedra Beach, Florida 32082
26 Phone#: (904)285-4944
7 Fax #: (904) 285-8787
Contact: Edward W. Rahn, President/CEO
28
— l U
Firsuu,C.F\
1
2 APPROVED AS TO LEGAL FORM:
DANIEL C. CEDERBORG, COUNTY COUNSEL
3
4
5 By A AA.J1
6
4-
APPROVED AS TO ACCOUNTING FORM:
7 OSCAR J. GARCIA, C.P.A., AUDITOR-CONTROLLER/
8 TREASURER-TAX COLLECTOR
9
10 By
11
12 REVIEWED AND RECOMMENDED FOR APPROVAL:
13
14
By
15 David Pomaville, Director
16 Department of Public Health
17
18
19
20
Fund/Subclass: 0001/10000
21 Organization: 56201500
22 Account#: 4895
23
JW
24
25
26
27
28
COUNTY OF FRESNO
Fresno,CA
Exhibit A
SC:'OPE OF WORD
CONTRACTOR shall provide a Discount Prescription Drug Card Program, called the
Coast2Coa.st Rx Card Program, at no cost to the COUNTY or Fresno County residents. The
Program shall include County-wide outreach and education about the Program as well as
assistance to residents in obtaining the necessary card through enrollment activities with an
emphasis on reaching [tie uninsured and underinsured residents of Fresno County. Otareach,
education, and application services shall he provided in English and Spanish.
CONTRACTOR shall not charge any tee to the applicant/card holder or to Fresno County to
provide the service.
CONTRACTOR shall provide discount~ Offthe regular retail price of brand name and generic
prescription: drugs, offer a discount of a. wide range of over-the-counter medications and
supplies, provide pharmaceutical counseling, and offer mail-order services.
in addition to discounted prescription services, CONTRACTOR may also offer significant
discounts to !Fresno County residents on other ancillary medical services including, lab tests,
imaging services, vision, hearing, dental and veterinarian services, and bulk diabetic supplies
at no cost to the County.
Program Requirements
A. Creneral Service Reguircments
1. CONTRACTOR shall set policies and procedures that allow for the maximum
number of County residents to utilize the Prograni.
2. CONTRACTOR must maximize and pass a predetermined set percentage of the
financial savings (discount) on to enrollees to achieve the greatest possible set of
discounts.
3. CONTRACTOR shall agree that there are no annual discount limits for
subscribers. Any resident may use the card program as often as needed and for as
many prescriptions as needed.
4. CONTRACTOR shall agree to disclose any and all rebate revenue sources related
to prescription ,medications and any other extended services that are provided
through the Program.
5_ CONTRACTOR ,hall not charge any startup, administrative, or other fee to the
COUNTY, CONTRACTOR shall bear responsibility to start, maintain, and
administer the Program with oversight provided by the COUNTY. 'Fhere shall
be no direct cost to the County of Fresno.
6. CONTRACTOR shall not charge any enrollment, subscriber, processing, or other
fee to Fresno County residents. There shall be no additional costs to the
Page I of{.�
Exhibit A
subscriber other than the pries paid for the discounted medications find/or
other offered services contained in this Agreement.
S. Pharrnacy Network
1. CONTRACTOR has partnered with Welll)yneRx, Inc., their pharmacy benefit
manager, which maintains a pharmacy network of over 59,000 participating
pharmacies nationwide, including every rnajor chain pharmacy and many
independents which are able to consistently deliver prescription drug services to
individuals and families, that are enrolled in the Coast2C'oast Rx Card Program.
2. The provider network shall include pharmaceutical providers in the various cities
and rural areas of Fresno County to include the cities ofCaruthers, Clovis,
Coalinga, Firebaugh, Fowler, Fresno, Friant, Huron, Kerman, Kingsburg,
Mendota, ()range Cave, Parlier, Prather, Reedley, Riverdale, San Joaquin, Sanger,
and Selma.
3. CONTRACTOR shall provide COUNTY with thirty (,0) days prior written notice
before making any additions, deletions, and/or revisions to the phaErmacy network.
4. CONTRACTOR's pharmacy network will dispense prescription drugs in
quantities as prescribed and ordered, up to a ninety (90) day supply, at retail
pharmacy locations or through WellDyneRx, Inc.'s mail-order I'acilities.
C_ Covered Prescription Drugs/Other Services
1, CONTRACTOR shall maintain an Open Formulary program and all medication
with an NDC code is eligible for a discount through this program
2. CONTRACTOR shall provide the retail price, applicable percentage of'f discount,
and the final discount price on other ancillary services provided including balk
diabetic supplies, lab tests, dental, vision, hearing, imaging and veterinarian
services.
D, Fli.gibility
1. CONTRACTOR shall enroll all eligible persons who are residents cif Fresno
County and who choose to participate, regardless of age, income, medical history
or other criteria.
2. CONTRACTOR shall provide language assistance for enrollment activities for
Spanish-speaking clients as well as in English.
E. Education and Uutreach
I. CONTRACTOR shall develop a program of education and outreach to the
community to include communication material and other materials describing the
benefits of the Program and how to obtain a prescription discount card. At a
minimum, these communications and materials shall be provided in English and
Page 2 of 6
Exhibit A
tiptlnish. Tile education and outreach plan shill be utilized during implementation
and during the entire term of the Agreem nl.
2. CONTRACTOR CTOR shall submit any and all promotional, enriallrncnt, and
educational materials in and media (i.e., print, digilal, electronic, video, autlita)
and receive advaerlce writtca approval from COUNTY prior to distribut on,
dir rrni1141iO11, perhlicatiim, broadcast. and,`or interact posting, of said materials.
3. CONTRAC I'OR shall provide ra link Lo ils websile: w��•wwasl2co astrx.com on all
promotimial It werials and program cards se residents anti family member can go
online to print a card, search for participating pharmacies. and 100k ttl) additional
hene its available thrmigh the C'oastXoastRx program,
4. The goals of the cducation and outreach progratrl sliall Eye. to:
a. ldenlifv potential beneficiaries who are lll(ely to he either un11>Esuned or
ttnderirtsttred.
h. Fducilie Fresno ['tardy residents about the: oppottanitics to save: rncrncy c}n
prescription benefits,
c, Maximize the number of Fresno, County residents aware of, and Jtave access
to,the benefits :end t>liscount,, offered,
d. F,ncOUrage Fresno County reside.nis to seek t'urthcr ',issisteuiCC with
e-nrollmem and assure residCllk lllat nu peTSODUl inl'01111JO011 will 11L
collected and therefore their 1)1'iVaLy is protected.
F. C'uslomer'lleii ictw v Sers ices
l. CON I RAC TOR OR shall provide comprehensive customer service (iin I'11gl is11 ='111d
Spanish) hetr►,een the IMUI-S Of 8,30 1i.111, iu 5:30 p.m, F'S 1' Monday tllroijgh Friday
to Fre,,rio C,ount4 residents that i11'l; SUbSCI-ibQ S. After hours and on weekends. or
for languages tither than F.ngliwh or Spanish, CAVLomer service calls shall be
transferred to a call center, where they will be atlswered live in multiple
lang,uagt•�_ Customer service yliall include ertrollrnem assistance and
}711a1'tllill NUr1Ck!1 l:t)U11scling,
C ONJ RAC 1'OR shrill continue to maintain and adeyuate[y st311-their cstalbhc'htd
and publicizod toll-free c>_lstomer sel-�'ice c1111 center(availlible 24 hours a day)
regarding both retail pharmacy and mail-order customer service issues.
3. CONTRACTOR slujil estnhh-sh, maimain, and publicize custtrn'ier complaint and
resolution procedures and will promptly record, trGick, investigate, and resolve
subscribers" complaints about any aspect of the discount I'mscriptiun Drug Card
PT-Ogram- SUCK lOg&Wilirlg any problcttls that any resident may have, including
the resideriCs name. phone nlrmher, rr;:lture 01 ccaniplaint. and resolution shall be
availible for inspecl.i.on by C )UNTY at il.,; request.
Page 3 elf 6
1✓'xhibit A
G, Reporting Requirements and Monitoring
1. All discounts, rebates, and ether pass-through reimbursements that are secured for
brand, generic, mail order, over-the-counter, and other ancillary services must be
recorded, tracked, audited, and reported to COUNTY by category to determir7e
whether measurable savings have reached projected levels.
2. CONTRACTOR shall establish a reporting process mechanism which confirms
guaranteed lowest available discount price, maximum allowable cast, and the
pharmacy's customary cash price.
3, On a monthly basis, CONTRACTOR must provide usage reports for brand,
generic, mail order, over-the-Minter, and other ancillary services to the
COUNTY including the:
a. Average number of discounts on brand name and generic pharmaceuticals;
b. Maximum allowable costs for all prescription drugs that are commonly used
by residents of Fresno County,
c. Total amount of savings provided by these discounts;
d Actual usage data to include nurnber of prescriptions filled, number of
subscribers utilizing the Program, type of services provided, retail price of
services received, discounted price of services received, amount and
percentage saved;
c. Amount of royalties to be paid to the COUNTY for that given month.
4. CONTRACTOR shall establish an internal performance monitoring program for-
verification of discounts, customer- service, pharmacy network, mail order, and
extended supply operations-
S. CONTRACTOR shall provide COUN'i•Y with a detailed complaint log, which
includes complainant's contact information, date and nature of'conrplaint, and
resolution details.
H. Pro ram Cards
1, CONTRACTOR shall design, produce, and distribute, at its own expense,
subscriber program prescription cards, the Coas12Coast Rx Card, which shall be
subject to prior written approval by COUNTY before printing and distribution of
the card.
2. CON'rRAC`l'OR shall distribute subscriber program cards to all eligible
participants using a uniform methodology. Said r„elhodology and distribution
plan shall be subject to prior written approval by COUNTY prior to
implementation and distribution
Page 4 of 6
Exhibit A
3, CONTRACTOR shall be accountable for establishing written procedures for
recording and tracking any and all subscriber program cards including, but not
limited to, distribution, replacement, and recovery. Said written procedures shall
be subject to prior written approval by COUNTY prior to implementation
4. CONTRACTOR shall assign a unique Group Code to COUNTY for cards printed
by CONTRACTOR so COUNTY's royalties can be tracked when the card is used
at participating pharmacies anywhere in the i lruled States by Fresno County
residents.
S. CONTRACTOR will distribute its CoastXoast Rx cards to participating
pharmacies in the COUNTY and to other such governmental offices (such as
libraries, the COUNTY Department of Public Health, other health clinics, and
unemployment offices, etc) as designated by the COUNTY. CONTRACTOR
shall f IOW-up with such locations to ensure an adequate supply of cards and to
answer any questions anyone may have about the Program,
b. CONTRACTOR shall also make cards available to be printed from the private
label website linked to COUNTY's Department of Public Health web ote,
1. Program Manaizer
I, CONTRACTOR shell designate and maintain a dedicated Program Manager
throughout the term of the Program, The Program Manager shall be responsible
For the daily ongoing operations of the Program and will serve as the primary
contact and liaison between the COUNTY and the CONTRACTOR.
J. Imolernentation P14n
I. CONTRACTOR shall prepare a comprehensive Program design and
Implementation plan describing all set-up details, marketing procedures, data
collection processes, and operations and reporting details The implementation
plan shall be sufficiently detailed to ensure that all operational steps are
performed in a logically sequenced and timely manner along with the efficient use
of resources.
2. CONTRACTOR shall submit, for COUNTY approval, a final work plan within
thirty (30) days of the execution of this Agreement.
3_ CONTRACTOR shall promote the Coast2Coast card for the COUNTY in all
media formats, including television, newspaper, radio, and the internet tlu•ough
press releasew (in both English and Spanish) and in conjunction with the
COUNTY's efforts to promote the card to its residents.
K, Confidentiality of Subscriber Information
1, CONTRACTOR shall establish and maintain procedures and controls that are
acceptable to COUNTY to protect the privacy of subscribers' information.
CONTRACTOR -shall not sell, transfer, convey or disclose any information
concerning any subscriber w110 is enrolled in the Program, other than aggregate
Page 5 of 6
Exhibit A
information that does not identify a subscriber, without the subscriber's written
consent. Unless the CONTRACTOR has obtained the subscriber's prior written
consent, the CONTRACTOR steal l not use any personally identifiable information
collected throughout the Program to promote or sell a prograin, service, or product
not related to the administration of the Prograrn,
L. Health Insurance Portability and Accountability Art
1. CONTRACTOR shall comply with all requirements of the health Insurance
Portability and AccoLintabiiit_y Act (111.PAA) along with any and all Federal, State.,
and local regulations that are applicable to the CONTRACTOR's operations
M. %Vebsite
1. CONTRACTOR shall create a private label website Cor the COUNTY to link to
Irorn COUNTY's Department of Public Health web6i.e that will describe the
Coast2Coast Rx Card Program.
2. l resno County residents snail have the ability to print a card from such website.
3. CONTRACTOR shall provide a pharmacy locator and a link to search for the
discount prices of medications for each participating pharmacy on such website.
Page 6 of 6
Exhibit B
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as "County"),
members of a contractor's board of directors (hereinafter referred to as "County Contractor"), must
disclose any self-dealing transactions that they are a party to while providing goods, performing
services, or both for the County. A self-dealing transaction is defined below:
"A self-deoling transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest."
The definition above will be utilized for purposes of completing this disclosure form_
INSTRUCTIONS
(1) Enter board member's name, job title (if applicable), and date this disclosure is being made.
(2) Fitter the hanrd member's company/agency name and address-
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the Corporation has the transaction;
and
b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
(4) describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(S) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
Page I or 2
Exhibit B
(1) Company Board Member Information:
Name: bate:
Job Title: _
(2)Company/Agency Name and Address-
(3) Disclosure(Please describe the nature of the self-dealing transaction you arr a Party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a):
(5)Authorized Signature
Signature: Date:
Page 2 of 2