HomeMy WebLinkAboutResolutions - 2013.03.06 - 20717GENERAL GOVERNMENT COMMITTEE
Motion carried unanimously on a roll call vote.
MISCELLANEOUS RESOLUTION #13c13.8 March 6, 2013
BY: General Government Committee, Christine A. Long, Chairperson
IN RE: BOARD OF COMMISSIONERS — ACCEPTANCE OF COAST2COAST Rx CARD COUNTY
MARKETING AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolutions #11250 and #12215 authorized the issuance of a Request for
Information and Proposals for the Oakland County prescription drug discount card program, which
culminating in the creation of the Discount Prescription Health Benefit Selection Study Group and the
recommendation of Coast2Coast as the provider; and
WHEREAS Financial Marketing Concepts, Inc. (FMC), is a Florida-based corporation is the firm identified
as the provider of the Coast2Coast discount prescription card; and
WHEREAS the Coast2Coast discount card will also provide Oakland County residents with discounts on
dental, vision, hearing, diabetes savings program, imaging, lab tests and discounted veterinary services;
and
WHEREAS Oakland County will receive a royalty from FMC for each prescription filled that results in a
paid claim, as listed on Schedule "A"; and
WHEREAS the royalty's payable to Oakland County from FMC are One Dollar and twenty-five cents
($1.25) per paid claim on a monthly basis. The royalty is Twenty-five cents ($0.25) per paid claim after the
Agreement is terminated or if Oakland County endorses another discount prescription card; and
WHEREAS FMC will provide Oakland County and its residents the Coast2Coast discount prescription
card at no cost to its residents; and
WHEREAS FMC agrees to:
• Print and distribute the prescription cards for Oakland County at FMC's cost, with Oakland
County's approval of the card design.
• Handle all administration of the card and issue monthly usage reports to the county.
• Distribute the cards to participating pharmacies in Oakland County and other government offices.
• Create a website to link for the Oakland County website and allow end users to print a card.
• Not use or sell resident's information.
• Indemnify Oakland County for any loss, claim, liability or expense resulting from FMC's
negligence; and
WHEREAS the Agreement grants FMC a nonexclusive, nontransferable, limited and revocable license to
use the County Seal in connection with the Coast2Coast discount card program.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, hereby
approves and authorizes the Coast2Coast Rx County Marketing Agreement with Financial Marketing
Concepts, Inc., for a term of one (1) year which is renewable on an annual basis, unless terminated.
BE IT FIJRTHER RESOLVED that the Oakland County Board of Commissioners hereby authorizes the
Board Chairperson, or his designee, to execute the attached Agreement and any related documents.
Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing
resolution.
GENERAL GOVERNMENT COMMITTEE
Motion to Directly Refer the resolution to Finance Committee carried unanimously on a roll call vote.
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Coast2Coast Rx Card County Marketing Agreement
THIS MARKETING AGREEMENT dated this day of , 2013, by and
between Financial Marketing Concepts, Inc., hereinafter "FMC" a Florida corporation,
with its principal place of business at: 100 Executive Way, Suite 214, Ponte Vedra
Beach, Florida 32082, and Oakland County, a political subdivision in the State of
Michigan, hereinafter "COUNTY" with its principal place of business at 1200 North
Telegraph Road, Pontiac, Michigan 48341.
;i(VITNESSETH:
WHEREAS, FMC has created a discount prescription card, to-wit: the Coast2Coast Rx
Card, which provides discounts on prescription drugs to individuals and families, and
WHPREAq, FMC can provirle COUNTY the opportunity to offer its Coast2Coast Rx
discount prescription card to its residents at no cost to the COUNTY, and
WHEREAS, COUNTY is desirous of providing the Coast2Coast Rx discount
prescription card to its residents at no cost to the COUNTY:
NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions
herein contained, it is agreed as follows:
1. Benefits. FMC will provide its Coast2Coast Rx discount prescription card at no cost
to COUNTY and its residents, and will pay COUNTY a Royalty for each prescription
filled that results in a paid claim as listed on Schedule "A" hereof. In addition to the
discounts on prescriptions, the card will also offer discounts on dental; vision; hearing;
Diabetes Savings Program; imaging and lab tests and discounted veterinary services
and other complimentary discounted services that might be added in the future.
2. Term. This Agreement will automatically renew every year for another one (1) year
term unless COUNTY gives FMC thirty days (30) written notice to terminate, or unless
earlier terminated by default. Royalty to COUNTY will continue to be paid as long as
COUNTY's residents continue to fill prescriptions under this program, as long as FMC
receives its compensation for those prescriptions, and as long as this Agreement is not
terminated by COUNTY. In the event COUNTY terminates this Agreement or endorses
another discount Rx card, then Royalty will be paid as listed in paragraph 2 of Schedule
"A." In any event COUNTY may cancel this Agreement with thirty days (30) written
notice to terminate.
3. FMC's Obligations.
a. FMC will provide to COUNTY and its residents the Coast2Coast Rx discount
prescription card at no cost to its residents or COUNTY, and will pay a Royalty to
COUNTY based on the use thereof. The Royalty will be paid at its full rate as listed on
Schedule "A" so long as COUNTY has not endorsed another discount prescription card
after the execution of this Agreement. In the event COUNTY does execute an
agreement with another discount prescription card after the execution of this Agreement,
the Royalty will be paid as set forth in paragraph 3 of Schedule "A."
b. FMC will print and distribute the prescription cards for the COUNTY at FMC's cost.
COUNTY will approve the card design prior to FMC's printing of the card.
c. FMC will handle all administration of the card including the providing of monthly
usage reports to COUNTY. FMC will assign a unique Group Code to COUNTY for cards
printed by FMC so that COUNTY's usage can be tracked when the card is used at
participating pharmacies.
d. FMC will distribute its Coast2Coast Rx Cards to participating pharmacies in the
COUNTY and to other such governmental offices (such as libraries, health departments,
etc.) designated by the COUNTY.
e. FMC will create a private label website for the COUNTY to link to from its website that
will describe the Coast2Coast Rx Card program. Using the website, COUNTY residents
will have the opportunity to print a card, search for participating pharmacies, and search
for the price of their specific medication(s).
f. FMC, with COUNTY's approval, will promote the Rx card in all appropriate media
formats, including newspaper, radio, television and internet.
g. FMC and its Pharmacy Benefit Manager will not use any resident's information
except as necessary to process prescriptions, and for no other purpose whatsoever.
Neither FMC nor its Pharmacy Benefit Manager will contact, transfer or sell resident
information to any third party, and both FMC and its Pharmacy Benefit Manager are
HIPAA compliant. FMC nor its Pharmacy Benefit Manager will solicit cardholders to use
Pharmacy Benefit Manager's mail order unless directed to do so by COUNTY.
h. FMC's annual discounts for its cardholder base in 2011 were fifty-five percent (55%).
Percentages of discounts range from a few percent up to ninety-five percent (95%).
Over twenty-four percent (24%) of the national prescription fills have savings of over
seventy percent.
4. Indemnification. FMC shall indemnify COUNTY and hold the COUNTY harmless
from any loss, claim, liability or expense resulting from FMC's negligence.
5. COUNTY's Obligations: COUNTY will provide the opportunity for its residents to
receive FMC's Coast2Coast Rx discount prescription card, and COUNTY shall receive
a Royalty as specifically set forth on Schedule "A" hereof.
6. Governing Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Michigan and venue for any proceedings shall
be in Oakland County.
7. Use of County Seal. For the consideration to be paid by FMC under this
Agreement, COUNTY grants to FMC, and FMC accepts, a nonexclusive,
nontransferable, limited and revocable license to use the County Seal in connection
with the Coast2Coast Rx Discount card program as described in this agreement, and
specifically, but not by way of limitation, that FMC has the right to use the County Seal
on the discount card, on the private label county website and in FMC's letter provided to
participating pharmacies that educates pharmacies about the program.
8. Notice. Any notice required by this Agreement shall be in writing, by certified mail, to
the address of each party first set forth above, or at such other address as may hereafter
be designated by either party in writing.
9. Entire Agreement. This Agreement contains all the rights, duties and obligations of
each party, and this Agreement may not be modified or amended except in writing,
signed by both parties.
IN WITNESS WHEREOF the parties have hereunto signed this Agreement on behalf of
the corporate entity for which they have legal authority to enter into.
OAKLAND COUNTY, MICHIGAN
Date: BY
Michael J. Gingell, Chairman
Oakland County Board of Commissioners
Financial Marketing Concepts, Inc.
Date: By:
Edward W. Rahn
President
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Schedule "A" FOR OAKLAND COUNTY, MICHIGAN
Coast2Coast Rx Card. FMC has offered the opportunity for COUNTY to provide its
residents, at no cost to COUNTY or its residents, with FMC's Coast2Coast Rx Card,
and FMC agrees to pay COUNTY a royalty as follows:
1. As long as this Agreement is in full force, then every time a member purchases
a prescription through a participating pharmacy, and FMC receives
compensation for that prescription, FMC will pay COUNTY one dollar and
twenty-five cents ($1.25) per paid claim on a monthly basis.
2. In the event COUNTY terminates this Agreement for any reason, from and after
the termination date, the Royalty will be paid at the rate of Twenty-five cents (.25)
per filled prescription that FMC has received compensation for.
3. In the event COUNTY endorses another discount prescription card AFTER the
execution of this Agreement, then the Royalty will be paid at the rate of Twenty-
five cents (.25) per filled prescription that FMC has received compensation; the
compensation to COUNTY will be limited to the number of months paid for that
FMC's program was in existence at the time of notice that the COUNTY has
endorsed another discount prescription card.
Name & title of person(s) to receive reports and royalty check every month:
Address:
City: State: Zip:
Phone: Email:
If County Contact for ongoing matters is different than above, please provide the
contact's name:
Name & title of contact
Address:
City: State: Zip:
Phone: Email:
FMC Initials
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County Initials
ADDITIONAL DOCUMENTS NEEDED FROM COUNTY:
At the time of execution of the Coast2Coast Agreement, please have the Board Chair or
other Board Member sign and title his/her name to the attached Word Document titled
"Announcement to County Pharmacies." The person executing the document needs to
type in this information, as the letter will be copied to use at all area pharmacies.
This document needs to be returned in Word.
We would appreciate the scanning of the executed agreement and the pharmacy letter so
that it can be forwarded via email to Laura Garcia at Coast2Coast: lauragc2crx.com At
the same time please send a high resolution of the county seal/logo to Laura in a jpg, tif,
eps or similar file (please don't send county seal/logo in Word).
The second document (County distribution form) that Coast2Coast will need is a list of
all County Departments, facilities and social/community organizations that Coast2Coast
needs to distribute cards. Coast2Coast will distribute to pharmacies and libraries
automatically. While we don't need the County distribution form at the time of the
execution of the agreement, we do need the County to identify the person that will be
completing this form in the near future.
Name & Title of Person Completing the County Distribution Form
Contact's Phone Number & email address
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Announcement to County Pharmacies
The County Board is pleased to announce that it has approved distribution of the
Coast2Coast Rx free discount prescription card to all County residents that need
assistance with the cost of their prescription medications. Your pharmacy is a
participating network pharmacy for this card.
The County encourages participating pharmacies to act as distribution points for County
residents. This way a resident can obtain a card and fill his/her prescriptions at the same
time. We are all aware that in these tough economic times, County residents will
appreciate your efforts in helping them save some money! Your cooperation in being a
distribution point will generate goodwill. If a customer has used another discount
prescription card to purchase prescriptions — try using the County card as the discounts
should be greater.
We hope that your pharmacy will provide the card to any County resident that needs
assistance with the cost of his/her medication. Uninsured customers can benefit from the
card but so can residents with high deductibles, or whose plan doesn't cover a certain
drug. The County and its residents appreciate your participation in this effort. The card
also contains discounts on many other services to help residents.
Here is information you will need to process prescriptions for customers using this card:
Processor is either NetCard Systems or RxWest
BIN#: 008878 Group#:
Member ID Pt: enter the cardholder's 10-digit phone number or any 10-digit
number — plus 01 is added for the primary cardholder; 02 for the spouse and
03 for each child. These are added after the 10-digit number
Should you have any questions on entering any of these codes, please contact the
Pharmacy Help Desk 24/7 toll-free at 1-888-886-5822. A trained staff is available to
speak with any pharmacist or pharmacy tech.
Sincerely,
(Insert Board Chair or other representative Name & Title and Signature and
remove this instruction)
To order more cards call 1-800-931-8872.
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FISCAL NOTE (MISC. #13038) March 6,2013
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: BOARD OF COMMISSIONERS — ACCEPTANCE OF COAST2COAST Rx CARD
COUNTY MARKETING AGREEMENT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above
referenced resolution and finds:
1. Financial Marketing Concepts, Inc. (FMC), a Florida-based corporation, has been
selected as the provider of the Coast2Coast discount prescription card.
2. The Coast2Coast discount card will provide Oakland County residents with
discounts on dental, vision, hearing, diabetes savings program, imaging, lab tests
and discounted veterinary services.
3. The resolution approves and authorizes the Coast2Coast Rx County Marketing
Agreement with Financial Marketing Concepts, Inc., for a term of one (1) year
which is renewable on an annual basis, unless terminated.
4. The Agreement grants FMC a nonexclusive, nontransferable, limited and
revocable license to use the County Seal in connection with the Coast2Coast
discount card program.
5. Oakland County will receive a royalty from FMC for each prescription filled that
results in a paid claim.
6. The royalties payable to Oakland County from FMC are One Dollar and twenty-
five cents ($1.25) per paid claim on a monthly basis. The royalty is Twenty-five
cents ($0.25) per paid claim after the Agreement is terminated or if Oakland
County endorses another discount prescription card.
7. Funds that are generated and provided to the County as a result of this contract
will be restricted/designated to the Board of Commissioners budget and will be
placed in a line item for Special Board projects.
8. Once the County begins to receive sufficient revenues to effectively estimate an
annual amount, a budget amendment will be recommended.
(..FTSIONCE C410VIMI/1TpE, ' /1////'
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roil call vote.
Resolution #13038 March 6, 2013
Moved by Bosnic supported by Quarles the resolutions (with fiscal notes attached) on the consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray,
Middleton, Quarles, Scott, Spisz, Weipert, Woodward, Zack. (18)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
I -Lw-hii','APpRovs-rHis RESOLUTION
CHI D:PUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
-
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March 6, 2013,
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 6th day of March, 2013.
Xf/Aget/
Lisa Brown, Oakland County