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2011-R-63 - Guadalupe Regional Medical Center Interlocal AgreementRESOLUTION NO. 11~R-G3 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH GUADALUPE REGIONAL MEDICAL CENTER, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz {the "City") has recommended that the City enter into an interlocal agreement with Guadalupe Regional Medical Center relating to a prescription access program; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Guadalupe Regional Medical Center pursuant to the Interlocal Agreement attached hereto as Exhibit A (the "Agreement"). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Guadalupe Regional Medical Center in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 50465067. PASSED AND ADOPTED, this 131' day of December, 2011. CITY OF SC RTZ, EXAS Mayor ATTEST: City Secretary {CITY SEAL) 50465067.1 EXHIBIT A INTERLOCAL AGREEMENT so~6sos~. i A-1 INTERLOCAL AGREEMENT This Interlocal Agreement, effective as of December 13, 2011 (this "Agreement"), is between the City of Schertz, Texas, a political subdivision of the State of Texas {the "City"), and Guadalupe Regional Medical Center, a political subdivision of the State of Texas created pursuant to the Texas Health & Safety Code, Chapter 2G5, as amended (the "Hospital"). WHEREAS, certain citizens in the City need assistance to buy prescription medication; WHEREAS, the Hospital desires to contract with .the City to provide a prescription assistance program to qualif ed citizens of the City in order to preserve and protect such citizens' health and safety; WHEREAS, the City and the Hospital have determined to enter into this Agreement relating to the provision of a prescription assistance program within the City and to set out the terms, rights, duties, and responsibilities of the City and the Hospital with respect thereto; WHEREAS, the City acknowledges that the Hospital may contract with the Guadalupe Valley Hospital Foundation to manage the prescription assistance program within the City; WHEREAS, the City and the Hospital have determined that the provision of a prescription assistance program is a public purpose and within their statutory powers of government; and WHEREAS, the City and the Hospital are political subdivisions of the State of Texas and are authorized to execute this Agreement pursuant to Texas Government Code Chapter 791.001, as amended; NOW, THEREFORE, THE CITY AND THE HOSPITAL, ACTING BY AND THROUGH THEIR DULY AUTHORIZED OFFICERS, HEREBY COVENANT AND AGREE AS FOLLOWS: Section 1. Pu~ase. (a) The Hospital agrees that during the term of this Agreement the Hospital shall provide prescription medications free of charge or at a low cost to citizens of the City who qualify for assistance under the guidelines established by each drug manufacturer, as described to the City by the Hospital. (b) The Hospital shall observe and comply with all applicable federal, state, county, and City laws, rules, ordinances, and regulations which in any manner affect the provision of the services described in this Agreement. (c) The Hospital agrees to provide a written report to the City Council of the City on March 1, 2012 and September 1, 2012 that documents that the payments by the City described in Section 3 have primarily benefitted citizens of the City. Due to patient privacy considerations, reports containing specific patient information shall not be made available to the City without the appropriate written consent of the patient or the patient's authorized representative. Such reports shall contain at least the information set forth on Exhibit A. 504b4875.1 (d) The Hospital further agrees to provide the City (at the City's request from time to time} with the complete budget for the Hospital's prescription drug program. Section 2. Term and Renewal. This Agreement shall be for a term commencing with the effective date of this Agreement through and including September 30, 2012. This Agreement may thereafter be renewed for succeeding periods upon written agreement by the City and the Hospital. Section 3. Consideration. In consideration of the Hospital's provision of a prescription assistance program to qualifying citizens of the City pursuant to this Agreement, the City agrees to pay the Hospital $5,000, $2,500 of which shall be paid on the date of fnal execution of this Agreement and $2,500 of which shall be paid on the later of March 1, 2012 or the date an which the City receives the report required to be submitted to the City on March 1, 2012. Section d. Authorization. This Agreement has been duly authorized by the governing bodies of the City and the Hospital. Section 5. Severability. If any portion of this Agreement shall be declared illegal or held unenforceable for any reason, the remaining portions hereof shall continue in full force and effect. Section 6. Amendments. This Agreement represents the complete understanding of the City and the Hospital with respect to the matters described herein. This Agreement may not be amended or altered without the written consent of bath parties and the consent of the City. Section 7. Governin Law. This Agreement shall be governed by the laws of the State of Texas. The remainder of this page intentionally Left blank.] soas~s~s. i 2 IN WITNESS WHEREOF, the undersigned have entered into this Interlocal Agreement, effective as of the date first above written. Date of Execution CITY OF SCHERTZ, TEXAS Decemberl~, 2011 By City Manager Date of Execution December ~`~ 2011 50464875.1 3 Exhibit A Report Information Guadalupe Regional Medical Center Prescription Assistance Program for Schertz Enrollees The following data relates to the following period (check one) ^ December 11, 2011 to March 1, 2012 ^ December 11, 2011 to September 1, 2012 BENEFIT Total number of patients served by the Program Total number of Schertz resident patients served by the Program Total number of prescriptions provided by the Program Number of prescriptions provided to Schertz residents by the Program Retail dollar value of total prescriptions provided by the Program Retail dollar value of prescriptions provided to Schertz residents by the Program Number of prescriptions per patient per month; Average prescription retail price (3 month supply} Average annual retail prescxiption benefit per patient Sources of Program funds: ,Schertz contribution to the Program Contributians to the Program of other cities or other governments (insert name below) Contributions to the Program by GRMC Payments by patients Grants received for the Program ether sources of funds (identify sources} Total 54464875. ~