Agenda.hidalgocounty.us

Bid No: 2013-145-00-00-SMA
Buyer: Sandra Montalvo
Tel. No: (956) 318-2626 ext 4865
REQUEST FOR BIDS
Hidalgo County Sheriff's Office
"Legend & Non-Legend Pharmaceuticals
BID OPENING DATE: _2013 @ 9:30 a.m.
Contact Person: Martha L. Salazar, CPPB, Purchasing Agent Hidalgo County Purchasing Department Physical Address: 2802 S. Business Hwy. 281 -New Administration Building Mailing/Postal Address: 2812 S. Business Hwy. 281 Edinburg, Texas 78539 956 318-2626 Sealed bids will be received for "HIDALGO COUNTY SHERIFF'S OFFICE-"Legend &
Non-Legend Pharmaceuticals & Infirmary Medical Supplies" in accordance with the
specifications attached as Exhibit "A" hereto. Bids should address all specifications set forth. LEGAL NOTICE BID NO. 2013-145-00-00-SMA Bidders may suggest substitutions of features which they feel would be in the best interest of Hidalgo County ("County"). Strong rationale must be presented for any deviation from the specifications. Hidalgo County reserves the right to reject the deviation and its effect on the One (1) original and three (3) copies of all bids are required with the bidders name and return
address clearly typed and or/printed on upper left hand corner and the proper notation clearly
typed/printed on the lower left hand corner of the envelope and/or package: "RFB No. 2013-
145-00-00-SMA-HIDALGO COUNTY SHERIFF'S OFFICE-"Legend & Non-Legend
Pharmaceuticals" and at County's Purchasing Department with a physical address: 2802 S.
Business 281 and a mailing address: 2812 S. Business Hwy 281, New Administration Building,
Edinburg, Texas, on or before 9:30 AM WEDNESDAY, 00, 2013.
NO FACSIMILES OR LATE ARRIVALS WILL BE ACCEPTED. ANY RFB
RECEIVED AFTER THAT TIME WILL NOT BE OPENED AND WILL BE
RETURNED. OVERNIGHT MAIL MUST ALSO BE PROPERLY LABELED ON THE
OUTSIDE OF EXPRESS ENVELOPE OR PACKAGE WITH REFERENCE TO RFB
No.-2013-145-00-00-SMA-HIDALGO COUNTY SHERIFF'S OFFICE- "Legend & Non-
Legend Pharmaceuticals ".
Hidalgo County reserves the right to refuse and reject any/all RFB and to waive any/all formalities or technicalities, or to accept the RFB considered the best and most advantageous to Hidalgo County. Hidalgo County reserves the right to: A. separate and accept, or eliminate any item(s) listed
under this bid that it deems necessary to accommodate budgetary and/or operational
requirements; B. reject any or all bids submitted and further reserves the right to design the
evaluation criteria to be used in selecting the lowest and best bid for approval; and C. award the
bid to one bidder or to multiple bidders if the County determines it is in its best interest to do so."
The Bidder shall not substitute items named in the bid without the express written consent of Hidalgo County. Failure of the delivered item to perform as specified or failure to meet the stated delivery schedule shall release Hidalgo County from all obligations to the contracting party with regard to the item(s) in question. In such event, County may elect to award the contract to the next-lowest responsible bidder, or to reject all bids and re-advertise. For work to be performed at a County owned or operated location, each bidder shall, in its sole discretion, visit the job site before preparing the bid and thoroughly familiarize himself/herself with existing conditions. Bidder should take field dimensions and note all circumstances which affect the dollar amount of the bid. Descriptive specifications are referenced in this document to indicate the general kind and quality of equipment desired by Hidalgo County. Due to various styles and models of equipment, bidders are required to include illustrations, specifications, explanation of warranties, and service data with their bid including catalogue numbers and any necessary references. Legal Notice-Page 2 of 8 LEGAL NOTICE BID NO. 2013-145-00-00-SMA No bid may be withdrawn within thirty (30) days from the scheduled time to open bids. Proposed prices are to remain firm for a minimum of ninety (90) days after bid opening. Any interpretations, amendments, corrections or changes to this bid document must be in a written addendum and signed by the County Judge or his designee. Addenda will be mailed to all who are known to have received a copy of the Request for Bids. Bidders shall acknowledge receipt of all addenda as a part of their bid. County reserves the right to accept or reject any or all bids. Costs are to be net F.O.B., County Prepaid. County is exempt from Federal Excise Tax, State Tax and Local Tax. Do Not include tax in cost figure. If it is determined that tax was included in the cost figures it will not be included in the tabulation of any awards. Tax exemption certificates will be furnished upon request. Funds for this procurement have been provided through the County budget for this fiscal year only. County, on an annual basis, has the right to reconsider a contract during the budget process for ensuing years if financial resources of County are insufficient to meet the liabilities of said contract. The award of a bid or contract hereunder will not be construed to create a debt of the County which is payable out of funds beyond the current fiscal year. Upon award and prior to execution of a contract, Sole Proprietorships are required to submit a copy of their social security cards to the Hidalgo County Auditor's Office in order to establish an account with the County. All awarded vendors must submit a completed W-9 and a copy o their Federal ID Number Certificate. DELIVERY INSTRUCTIONS:
• No deliveries accepted after 3:00 P.M., Monday-Friday. • At least seventy two (72) hours prior notice of delivery must be given to Martha L. Salazar, Purchasing Agent before delivery will be accepted. • If you need additional information call the office listed below: Hidalgo County Purchasing Department Martha L. Salazar, Purchasing Agent BILLING AND PAYMENT INSTRUCTIONS:
•
Invoices must include: a) Name and address of successful bidder Name and address of receiving department or official Legal Notice-Page 3 of 8 LEGAL NOTICE BID NO. 2013-145-00-00-SMA Purchase Order and Contract Number (if any) Notation-"HIDALGO COUNTY SHERIFF'S OFFICE-"Legend & Non-
Legend Pharmaceuticals Descriptive information as to the items or services
delivered, including product code, item number, quantity, etc.
Discount payments will be considered when offered. Contact person for Billing and Payment questions: Hidalgo County Auditor's Office 2808 S. Bus. Hwy. 281 Edinburg, Texas 78539 Attn: Accounts Payable SCHEDULE OF EVENTS
Bid Opening, 9:30 A.M.
Award of Contract Commence Work or Deliver Products BID OR PERFORMANCE BOND AND DEBARMENT CERTIFICATION; PAYMENT
UNDER CONTRACT (if applicable):
• If the contract proposed is for the construction of public works or is for a contract for goods & services exceeding $100,000, all bidders shall furnish a good and sufficient bid bond in the amount of five percent of the total contract price. A bid bond must be executed with a surety company authorized to do business in Texas. All bidders are also required to furnish a certification or acknowledgment stating that the contractor or vendor is free from suspension or debarment pursuant to federal regulation 45CFR Part 76. • Together with the signing of a contract or issuance of a purchase order following the acceptance of a bid, and prior to commencement of the actual work, the bidder shall furnish a performance bond to the County for the full amount of the contract, if that contract exceeds $50,000. • If the contract is for $50,000 or less, no money will be paid to the contractor until completion and acceptance of the work or the fulfillment of the purchase obligation to the County, and, if applicable, the receipt by County of satisfactory evidence that all subcontractors and material men have been paid. • If a contract is for the construction, alteration or repair of public buildings or public works, the contractor shall provide a payment bond for a contract in excess of Twenty Five Thousand Dollars ($25,000.00), as required by Tex. Govt. Code Ch. 2253. Legal Notice-Page 4 of 8 LEGAL NOTICE BID NO. 2013-145-00-00-SMA • For requirements contracts, bond requirements are determined by applying the proposed unit price to the estimated quantities included in the specifications. ETHICAL STANDARDS:
• It shall be a breach of ethics to offer, give or agree to give any elected official, department
head or employee, or former elected official, department head or employee, of the County, or for any elected official, department head or employee or former elected official, department head or employee of the County, to solicit, demand, accept or agree to accept from another person, entity or organization, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore pending before any department or agency of the County. • It shall be a breach of ethics for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor for any contract for the County, or any person associated therewith, as an inducement for the award of a subcontract or order. • No public official shall have an interest in a contract awarded hereunder except in accordance with Tex. Loc. Govt. Code Chapter 171. DISCLOSURE OF CONFLICT OF INTEREST
•
Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor, person, consultant or contractor considering doing business with Hidalgo County ("the County") to disclose in the Conflict of Interest Questionnaire (the "CIQ") attached as Exhibit D, the vendor, person, consultant or contractor's affiliation or business relationship that might cause a conflict of interest with the County. By law, the CIQ must be filed with the Hidalgo County Clerk's Office no later than the seventh business day after the date the person becomes aware of facts that require that statement to be filed. The disclosure requirement applies to a person or business who contracts or seeks to contract with Hidalgo County for the sale or purchase of property, goods or service. Any purchase order or contract resulting from this process shall be considered null and void if the successful bidder fails to comply with Texas Local Government Code Chapter 176. Vendors, consultants, contractors and others who desire to conduct business with Hidalgo County are encouraged to refer to Texas Local Government Code Chapter 176 for the details of this law. An offense under Texas Local Government Code Chapter 176 is a Class C Misdemeanor. Please Submit completed CIQ forms to the Hidalgo County Clerk's Office located at 100 N. Closner, Edinburg, Texas 78539-Hidalgo County Courthouse COMPLETION AND SUBMISSION OF
FORM CIQ IS THE SOLE RESPONSIBILITY OF THE PROSPECTIVE BIDDER.
Legal Notice-Page 5 of 8 LEGAL NOTICE BID NO. 2013-145-00-00-SMA If, during the life of any contract or bid awarded, the successful bidder's net prices generally available to other customers for items awarded herein are reduced below the contracted price, it is understood and agreed that the benefits of such reduction shall be extended to County. Bids, and all goods and services provided hereunder, shall comply with all federal, state and local laws concerning this type(s) of goods and/or services. Minimum Standards for Responsible Prospective Bidders: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder, by submitting a bid, represents to County that it meets the following requirements: Possess or is able to obtain adequate financial resources as required to perform under the bid; Be able to comply with the required or proposed delivery schedule; Have a satisfactory record of performance; Have a satisfactory record of integrity and ethics; Be otherwise qualified and eligible to receive an award. Successful bidder will pay or cause to be paid, without cost or expenses to County, all FICA, FUTA/SUTA and Federal Income Withholding Taxes of all employees, and all wages and benefits as required by Federal or State law. Successful bidder's officers, agents and/or employees will not be entitled to any benefits of an employee or elected official of County, including, but not limited to, benefits associated with County's civil service system. Any contract award to a successful bidder will be in effect until (a) the contract expires, (b) delivery and acceptance of products, and/or performance of services ordered, or (c) terminated by County with thirty day's written notice prior to cancellation. County reserves the right to enforce performance of any contract awarded hereunder in any manner prescribed by law or deemed to be in the best interest of the County in the event of breach or default by successful bidder; County reserves the right to terminate any contract immediately in the event a successful bidder fails to: Pay any required fees or taxes; or Otherwise perform in accordance with the specifications. Successful bidder shall defend, indemnify and save harmless County and all its elected officials, officers, agents and employees from all suits, actions, or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the successful bidder, or of any agent, employee, subcontractor or supplier of successful bidder in the execution of, or performance under, any contract which may result from bid award or which arises from any event or casualty happening on or within County premises themselves or happening upon or in any halls, elevators, entrances, stairways or approaches of or to such County facilities. Legal Notice-Page 6 of 8 LEGAL NOTICE BID NO. 2013-145-00-00-SMA Successful bidder shall pay any judgment with costs which may be obtained against County growing out of such injury or damages, and shall, upon request, provide a defense to County by counsel reasonably acceptable to County. Successful bidder's indemnity hereunder shall include, but is not limited to, claims relating to patent, copyright or trademark infringement, and the like, arising out of the goods and services provided by successful bidder. Successful bidder shall warrant that all items/services shall conform with the specifications and/or all warranties provided under the Uniform Commercial Code and be free from all defects in material, workmanship and the like. Items supplied under a contract pursuant to this Request for Bids shall be subject to County's approval. Items found to be defective or not meeting specifications shall be replaced by successful bidder within two business days at no expense to County. Items not picked up within one (1) week after notification shall be deemed a donation to County and may be used or disposed of at County's discretion and without waiver of any other rights of County as to the item's nonconformity. This document and any disputes arising hereunder shall be governed and construed according to the laws of the State of Texas, and will be performable exclusively in Hidalgo County, Texas. The successful bidder shall not assign, sell, transfer or convey its rights under any awarded contract, in whole or in part, without the prior written consent of County. Legal Notice-Page 7 of 8 LEGAL NOTICE BID NO. 2013-145-00-00-SMA HIDALGO COUNTY SHERIFF'S OFFICE
"Legend & Non-Legend Pharmaceuticals
Martha L. Salazar, CPPB, Purchasing Agent Physical Address: 2802 S. Business Hwy. 281 -New Administration Building Mailing/Postal Address: 2812 S. Business Hwy. 281 Edinburg, Texas 78539 In accordance with the Specifications, and subject to all laws and regulations of the United States and state and local laws, the undersigned bidder proposes and commits to furnish all labor, equipment, material, software and services as set forth in the documents hereinbefore mentioned. The undersigned bidder further agrees, upon acceptance of its bid, to execute a contract and/or Purchase Order issued by Hidalgo County for performing and completing the work described in the Specifications within the time stated and for the prices proposed in the documents attached hereto and made a part hereof. Bidder acknowledges receipt of all of the pages of the documents referenced in the Invitation to Bid Checklist presented in connection with this procurement. Bidder understands that Hidalgo County reserves the right to reject any or all bids and further reserves the right to design the evaluation criteria to be used in selecting the lowest and best bid. Bidder agrees that this bid shall be good and may not be withdrawn for a period of ninety (90) calendar days after the scheduled closing time for receiving bids, as contained in the Specifications. Respectfully submitted, Legal Notice-Page 8 of 8 EXHIBIT "A"
Hidalgo County Sheriff's Office
"Legend and Non-Legend Pharmaceuticals"
Bid No: 2013-145-00-00-SMA
SCOPE OF SERVICES:
1) Hidalgo County is requesting bids from firms that can adequately demonstrate that they have the resources, experience and qualifications necessary to provide Pharmaceutical Services & Infirmary Medical Supplies to: provide legend (prescription medications) and non-legend (over-the-counter) pharmaceuticals in a timely fashion; ensure that pharmaceutical services meet the county and state jail standards; ensure quality, yet cost effective, medications delivery system; maintain adequate records on medications ordered as well as patient profiles; and audit pharmaceutical delivery system on an "AS NEEDED BASIS ONLY", for Hidalgo County Sheriff's Office-Adult Detention Center (Jail Infirmary) Ordering and delivery will involve approximately one (1) location, located at 711 El Cibolo Road, Edinburg, Texas 78542. 2) There will be a prescription issued either by telephone or in writing by the attending physician for any and all legend (prescribed) and or Non-legend items (non-prescribed) items in accordance with the Texas Pharmacy Act and related regulations 3) Legend items (prescribed) will be ordered on an "AS NEEDED BASIS" only. There will be a prescription issued either by
telephone or in writing by the attending physician for any and all legend items in accordance with the Texas Pharmacy Act and
related regulations. Non-legend items (non-prescribed) Bid information will be furnished to Hidalgo County Sheriff's Office-
Adult Detention Center (Jail Infirmary).
4) Vendors will offer Hidalgo County Sheriff's Office-Adult Detention Center Non-Legend Pharmaceuticals at a rate of COST plus a dispensing fee per prescription.$ _ 5) Vendor agrees that to the extent an item is unavailable from its own inventory; vendor will be responsible for locating an alternative supplier and for providing the product or service to Hidalgo County Sheriff's Office-Adult Detention Center (Jail Infirmary) for the bid price.
6) Vendor may submit a bid for ITEM 1 ONLY, for ITEM 2 ONLY, or for both items.
ITEM No. 1- Legend items (prescribed)
a) Vendors will provide pricing per unit and per 30 count of all of the Legend medications. Generic medication pricing prefer.
b) All bids must be based on cost plus a dispensing fee per prescription for all medications. Use of Generic medications is prefer
whenever possible. Note: All legend items will be ordered and delivered by Vendor (s) during regular business hours
unless item(s) are of emergency, therefore, item (s) must be delivered within a six to eight hour time frame.
c) The Hidalgo County Sheriff's Office-Adult Detention Center (Jail Infirmary) is including the Unit Dose System as part of
the contract. The unit dose system is designed with security in mind. It has an anti-pilferage that keeps secure and is in compliance with state regulations • The Unit Dose System consists of pill cards and by quantity "non individual dose". Each medication is individually heat-sealed in "blister pack medication cards."
• Each medication card is labeled with patient name when requested, doctor's name, the name of the medication, its strength, patient instructions, and quantity. This provides quick, accurate, and efficient inventory control. • Each complete card set consists of a folding card with a foil sheet attached and a plastic pill cavity. Available in 30, 31, 60 and 90 dose cards. (Sample: Universal Card Size is 5¼" wide x 8½" high). d) The Hidalgo County Sheriff's Office-Adult Detention Center (Jail Infirmary) requires generic substitute in all instances
where an A-B rated equivalent drug is available unless specifically instructed otherwise by the attending physician placing the drug order, or his agent. ITEM No. 2 Non-legend items (non-prescribed)
a) Vendors will supply the Hidalgo County Sheriff's Office-Adult Detention Center (Jail Infirmary) requirements of non- prescription drugs for the contract period. Non-prescription items will be ordered approximately every month on a one- Page 1 of 10
EXHIBIT "A"
Hidalgo County Sheriff's Office
"Legend and Non-Legend Pharmaceuticals"
Bid No: 2013-145-00-00-SMA
time per month basis. The Vendors will provide non-legend drugs to the Hidalgo County Sheriff's Office-Adult Detention Center (Jail Infirmary) at cost plus a dispensing fee per prescription on all purchases by Hidalgo County Sheriff's Office-Adult Detention Center (Jail Infirmary).
Note: All non-legend items will be ordered and delivered by Vendor (s) during regular business hours only,
unless item(s) ordered are of emergency; therefore, item(s) must be delivered with a six to eight hour time
frame.
The following list of prescribed and non-prescribed items is estimated quantity amounts to be used on a monthly basis. This list is no and should not be understood to be an exhaustive listing of all non-legend items which may be required by Hidalgo County Adult Detention Center (Jail Infirmary). ABILIFY 5MG/ 10MG -BRAND NAME RX (ARIPIPRAZOLE- GENERIC) ACETAMINOPHEN 500 MG EXTRA-STRENGTH OTC ACYCLOVIR 800MG RX ALBUTEROL INHALER 90MCG RX ALBUTEROL .083% NEBULIZER SOLUTION RX (3ML) AMITRIPTYLINE 25MG RX AMITRIPTYLINE 50MG RX AMMONIA INHALANTS AMPULES OTC AMOXICILLN 500 MG RX APRODINE 60MG/ 2.5MG RX ARTIFICIAL TEAR EYE SOLUTION ATRIPLA RX TRIAMCINALONE 0.1 % RX ATORVASTATIN 20 MG RX ATORVASTATIN 40MG RX ASA EC 81MG/ 325MG OTC ASA EC 325MG OTC ATENOLOL 50MG RX 19. AUGMENTIN XR 1000MG RX 20. AZITHROMYCIN 250MG RX 21. BENICAR 20MG 22. BENZOYL PEROXIDE LOTION (ACNE MEDICATION) 23. BENZTROPINE 1MG RX 24. BETADINE OINTMENT OTC 25. BISACODYL 5MG E.C. TABS RX 26. BUPROPION XL 150MG RX Page 2 of 10
EXHIBIT "A"
Hidalgo County Sheriff's Office
"Legend and Non-Legend Pharmaceuticals"
Bid No: 2013-145-00-00-SMA
27. BUSPIRONE 10MG RX 28. BUPROPION 75MG RX 29. CARBAMAZEPINE 200 MG RX 30. CATAPRESS 0.1MG -BRAND NAME (CLONIDINE –GENERIC) RX 31. CEFTRIAXONE INJECTION 500MG RX 32. CENTRUM OTC 33. CEPHALAXIN 500 MG RX 34. CHLORPHENIRAMINE MALEATE 4MG RX 35. CIMETIDINE 300MG RX CIPROFLOXACIN 250MG RX CITALOPRAM 20MG /40MG RX 37. CLINDAMYCIN 150MG RX 38. CLOTRIMAZOLE VAGINAL CREAM OTC 39. CORTISPORIN OPHT OINTMENT RX CORTISPORIN OTIC SOLUTION RX 42. VITAMIN C TABLETS OTC 43. CRESTOR 10 MG 44. CYCLOBENZAPRINE 5MG/10MG RX 45. CYMBALTA 30 MG/60MG-BRAND NAME RX (DULOXETINE-GENERIC) 46. DOCUSATE SOFT GEL 100MG OTC 47. DE-LICER SHAMPOO 48. DEPAKOTE 500 MG RX 49. DEPAKOTE EC 500 MG RX 50. DICLOFENAC RX 51. DICYCLOMINE 20MG RX 52. DIOVAN 80MG/180MG/320MG RX 53. DIPHENHRAMINE 25MG OTC 54. DIPHENHYDRAMINE 25mg INJECTIONRX 55. DONEPEZIL 5MG RX 56. DOVONEX CREAM RX 57. DOXEPIN 50MG /100MG RX 58. DOXYCYCLINE 100MG RX Page 3 of 10
EXHIBIT "A"
Hidalgo County Sheriff's Office
"Legend and Non-Legend Pharmaceuticals"
Bid No: 2013-145-00-00-SMA
59. EAR WAX REMOVAL DROPS OTC 60. EFFEXOR 75MG –BRAND NAME (VENLAFAXINE-GENERIC) RX 61. EFFEXOR XL 75MG/ 150MG –BRAND NAME (VENLAFAXINE- GENERIC) RX 62. ENALAPRIL 5 MG RX 63. EPI PENS RX 64. ERYTHROMYCIN 500 MG RX 65. FAMOTIDINE 20MG RX 66. FANAPT- BRAND NAME (ILOPERIDONE -GENERIC) RX 67. FERO SUL 325MG RX 68. FISH OIL 1000MG RX 69. FLOMAX 0.4MG (NAME BRAND)/TAMSULOSIN (GENERIC) RX 70. FLUCONAZOLE 150MG RX PROZAC(NAME BRAND)FLUOXETINE 20MG/ 40MG(GENERIC) RX 72. FOLIC ACID 1MG RX 73. LASIX(NAME BRAND) FUROSEMIDE 20 MG (GENERIC) RX 74. GABAPENTIN 100 MG/300MG/400 MG RX 75. GEMFIBROZILE 300 MG / 600MG RX 76. GENTAMICIN OPTH SOLUTION 77. GEODON 20 MG/ 40MG /60MG/ 80MG-(BRAND NAME) ZIPRASIDONE HCI-GENERIC) RX 78. GLIPIZIDE 10 MG RX 79. GLUCOGEN KIT RX 80. GLUCOPHAGE 500MG (NAME BRAND) METFORMIN 500MG (GENERIC) RX 81. GLUCOSE GEL RX 82. GLUCOSE TABS RX 83. GLYBURIDE 5 MG RX 84. GUAFENESIN 600 MG RX 85. GUAIFEN SF (COUGH SYRUP) OTC 86. HALDOL 2.5 MG /5MG/10MG RX 87. HALDOL DEC 50MG/ML /100MG/ML RX 88. HALDOL LAC 5MG/ML RX HEMORRHOIDAL CREAM OTC 90. HEMORRHOIDAL SUPPOSITORIES OTC 91. HYDROCODONE/ACETAMINOPHEN 5/325MG/ 7.5/500MG/ 10/500MG RX 92. HYDRALAZINE 25MG RX 93. HYDROCHLOROTHIAZIDE 12.5mg/25mg RX Page 4 of 10
EXHIBIT "A"
Hidalgo County Sheriff's Office
"Legend and Non-Legend Pharmaceuticals"
Bid No: 2013-145-00-00-SMA
94. HYDROSCORTISONE CREAM 1 % OTC 95. HYDROXYZINE 25MG/ 50MG/75MG/100MG RX 96. HYRDOGEN PAROXIDE OTC 97. IBUPROFEN 200MG 400 MG/600MG/800MG RX 98. INDOMETHACIN 50MG RX 99. INVEGA 3MG /6MG RX KERI LOTION RX KETOCONOZOLE CREAM RX KWELL LOTION 1% OTC LABETALOL 300MG RX LACTULOSE SOL. RX LANTUS INSULIN RX LATUDA 80MG -BRAND NAME (LURASIDONE HCL- GENERIC) RX LEVEMIR INSULIN RX LEXAPRO 5MG /10MG/20MG (NAME BRAND) ESCITALOPRAM (GENERIC) RX LIDANE LOTION RX LIPITOR 20MG/ 40MG -BRAND NAME (ATROVASTATIN-GENERIC) RX LITHIUM 300 MG /600MG RX LISINOPRIL 5MG/ 20MG LOPERAMIDE 2MG RX LORATIDINE 10MG RX LORAZEPAM 1MG RX LORAZEPAM INJ. RX LOTRISONE CREAM- BRAND NAME (CLOTRIMAZOLE AND BETAMETHASONE- GENERIC) OTC MAALOX PLUS SUSPENSION OTC MAGNESIUM CITRATE OTC MAGNNESIUM HYDROXIDE OTC MAGNESIUM OXIDE 40MG RX MECLIZINE 25MG RX METHYLPREDNISOLONE 4MG/ 16MG/ 32MG RX Page 5 of 10
EXHIBIT "A"
Hidalgo County Sheriff's Office
"Legend and Non-Legend Pharmaceuticals"
Bid No: 2013-145-00-00-SMA
METRONIDAZOLE 500MG RX METROGEL 1% GEL RX MILK OF MAGNESIA OTC MINERAL OIL OTC MIRTAZAPINE 15MG/ 30MG RX MONTELUKAST 10MG MUCINEX- DM OTC MYCOPHENOLATE 250MG RX MUSCLE RUB OTC NAPROXEN 500MG RX NATURAL FIBER OTC NEOSPORIN OPTH SOL RX NIFEDIPINE ER 30MG RX NORTRIPTYLINE 25MG/50MG/75MG /100MG RX NORVASC 5 MG /10MG RX NOVOLIN 70/30 RX NOVOLIN NPH RX NOVOLOG INSULIN RX NS 0.9 IRR SOLN 1000 ML OTC NS FOR IRRIGATION OTC OCCUSPORIN HC OPHTHALMIC OINTMENT OTC OCEAN NASAL SPRAY OTC OLANZAPINE 10MG /15MG /30MG RX OMPERAZOLE 20 MG/40MG RX OXCARBAZEPINE 150 MG/ 300M/ 600MG PAROXETINE 20 MG /40MG RX PENICILLIN V POTASSIUM 500MG RX PERMETHERIN CREAM RX PERPHENAZINE 4MG RX PIOGLITAZONE 15MG Page 6 of 10
EXHIBIT "A"
Hidalgo County Sheriff's Office
"Legend and Non-Legend Pharmaceuticals"
Bid No: 2013-145-00-00-SMA
PHENOBARBITAL 15MG /30MG / 100MG RX PHENYTOIN SOD EX 100 MG TABS RX PLAVIX 75MG (NAME BRAND) CLOPIDOGREL 75MG (GENARIC) RX POLYSPORIN OINTMENT OTC POTASSIUM CL 100MEQ RX PREDNISONE 5MG/ 10MG /20MG RX PRENATAL VITAMIN OTC PRINIVIL 5MG RX PRISTIQ 50MG RX PROMETHAZINE 25MG RX PROMETHAZINE 25MG INJECTION RX PROPRANOLOL 10 MG / 20MG RX PROTONIX 40MG RX PROVIDONE SCRUB OTC RANITIDINE 150 MG RX RISPERIDONE 25MG/50MG/1MG/2MG/3MG/4MG RX RISPERDAL INJECTION-BRAND NAME (RISPERIDONE- GENERIC) RX SEA MIST NASAL OTC SEROQUEL 50MG/100MG/150MG/300MG/ 400MG –BRAND NAME (QUETIAPINE- GENERIC) RX SERTALINE 50 MG /100MG RX SILVER SULFADIAZINE RX SIMVASTATIN 20MG / 40MG RX SMZ-TMP DS RX STERILE H2O OTC STOOL SOFTNER 100MG OTC SULCRAFATE 1GM RX SURFAX 240MG RX SYNTHROID 25MG /50MG /75 MG /100MG RX TACROLIMUS ANHYDROUS 1MG RX THIAMINE 100MG RX THORAZINE (NAME BRAND) CHLORPRONAZINE (GENERIC) 50MG / 100MG/ 200MG RX Page 7 of 10
EXHIBIT "A"
Hidalgo County Sheriff's Office
"Legend and Non-Legend Pharmaceuticals"
Bid No: 2013-145-00-00-SMA
THROAT LOZENGES GREEN OTC TOLNFTATE CREAM 1% 15 G OTC TOPIRAMATE 50MG RX TOPROL (NAME BRAND) METROPOLOL (GENERIC) 25MG /50 MG/ 100 MG RX TOPROL XL (NAME BRAND) METROPOLOL XL (GENERIC) 25 MG/50MG/ 100MG RX TRAMADOL 50MG RX TRANXENE 7.5MG –BRAND NAME (CLORAZEPATE DIPOTASSIUM- GENERIC) RX TRAZODONE 50 MG/100 MG RX TRIPLE ANTIBIOTIC CREAM OTC VALPROIC ACID 250 MG RX WAFFARIN 1MG/ 3MG/ 5MG RX ZETIA 10MG RX ZYPREXA 5MG/10MG/15MG/20MG- RX BRAND NAME (OLANZAPINE- GENERIC) VYTORIN 10/10MG RX

REQUIREMENTS:
1) Vendor must possess a License in the State of Texas. Bidders must comply with all State and Federal Laws.
2) (Class "E" Pharmacy must have at least one local client located in Hidalgo County for emergency propose only) as defined in Section 5 of the Texas Pharmacy Act, under the Texas Pharmacy Act and related regulations.
3) Vendor must have at 24 hours Pharmacist Services assistance.
4) Vendor will provide stock bottles (upon request) when ordered.
5) Vendor will provide delivery of antibiotics ordered within six (6) to eight (8) hours time frame. All legend(prescribed) items
will be ordered and delivered by Vendor(s) during regular business hours only, unless item (s) are of emergency, therefore, item
(s) must be delivered within a six(6) to eight(8) hour time frame.
6) The Vendor(s) representative must be available to respond to all calls from Hidalgo County Sheriff's Office-Adult Detention Center (Jail Infirmary) to assist in the resolution of complaints and problems regarding orders and deliveries and the return of any and/or all goods. 7) Vendor(s) must provide point of contact, telephone number of a representative who may be contacted whenever problems arise concerning services. No telephone numbers provided for this purpose shall be serviced through an answering machine or other automatic answering device, or in any manner to impede immediate access to a representative capable of addressing problems. 8) The awarded vendor(s) must provide a Medical Administration Record Report for any pharmaceuticals/medications ordered by physician to the Infirmary Nurse for the Department's Records. 9) ADDITIONS/DELETIONS: The County reserves the right to add and/or delete products and/or services provided under same term and conditions of this Contract. Page 8 of 10
EXHIBIT "A"
Hidalgo County Sheriff's Office
"Legend and Non-Legend Pharmaceuticals"
Bid No: 2013-145-00-00-SMA
10) INVOICING
Itemized invoices shall accompany all items purchased by the HCSO . All invoices shall include the following:  Hidalgo County Sheriff's Office PURCHASE ORDER and CONTRACT NUMBER  First and last name of employee who placed the order  inmate name, DOB, inmate number  Quantity ordered  brand or generic  Quantity shipped/backordered  Date ordered and date delivered  Description and product number for each line item  Unit price  Extended dollar amount  Invoice total
TERMS & CONDITION:
1) Term of the contract will commence upon termination of current contract and will continue for a period of two (2) year with the
County's option to extend for two (2) additional one (1) year terms under the same rates, terms and conditions. 2) Hidalgo County reserves the right to continue this bid for an additional sixty (60) day Grace period at the end of the contract term for unforeseen delay in award of new bid for next contract term. 3) Hidalgo County reserves the right to seek purchases for "Legend and Non- Legend Pharmaceutical" from State Awarded contracts whenever it is in the County's best interest to do so. 4) Award of contract shall be made to the most responsible, responsive Vendor, whose offer is determined to be the best value, taking into consideration the relative importance of price. Hidalgo County reserves the right to be the sole judge as to whether items bid will serve the purpose intended. Hidalgo County reserves the right to accept or reject in part or in whole any bid submitted, and to waive any technicalities or informalities for the best interest of the County. Hidalgo County reserves the right to award based upon individual line items, sections or total bid. 5) Items may be substituted by vendors but, must be equal or better and must be approved by the Hidalgo County if quoted item is 6) Vendor must provide and maintain proof of Automobile, General and Worker's Compensation Insurance's (Refer to Exhibit "C", Insurance Requirements).
MARKET VOLATILITY AND UNIT PRICE ADJUSTMENTS:
Hidalgo County recognizes that during periods of national crisis and unstable economic conditions, unforeseen price increases might
affect costs for goods and services contracted on an annual basis. The following procedure may be employed to mediate price
volatility.
1) Requesting Price Adjustment: Upon written request of the Vendor to the County Purchasing Agent, the County may review
evidence of prevailing industry-wide market conditions that warrant an adjustment in bid prices contained in the contract. • A Vendor must tie any price change clause to an industry-wide or otherwise nationally recognized index, or some other form of verifiable document. Such written request must be accompanied by a certified copy of the supplier's advisory or notification to the vendor of the price changes. • The Vendor must put the Purchasing Agent on the mailing lists for such publications so that the Purchasing Agent can monitor said changes. Such membership shall be at no cost to the County. • The County Purchasing Agent retains the right to determine whether or not such proposed price changes are in the best interest of the County. Page 9 of 10
EXHIBIT "A"
Hidalgo County Sheriff's Office
"Legend and Non-Legend Pharmaceuticals"
Bid No: 2013-145-00-00-SMA
• No price escalation will be authorized in excess of the amount of the increase referred to in the supplier's notice. • The County may only grant a price increase if the evidence presented is deemed reliable. Should the County allow a price increase, the approved price change shall be honored for all orders received by the vendor or contractor after the effective date of such price change. Approved price changes are not applicable to orders already issued and in process at time of price change. 2) Price Reduction: Vendor shall notify the County at the time when the Vendor's costs for items and/or supplies reduce due to
stabilization in the market at which time prices for items on this contract shall be reduced accordingly. Failure by the Vendor to notify the County of a decrease in costs for items and/or supplies for which the Vendor was granted a price adjustment, may result in immediate termination of this contract and the County shall not be obligated to pay the Vendor the difference between the contract price and the price adjustment.
3) Timeframe for Adjusted Price Increases: Price increases are only valid for the quarter in which they are requested and approved.
Prices shall return to the original contract price at the beginning of the following quarter unless a Vendor notifies the County in writing within ten (10) days of expiration of the quarter in which the price increase is in effect, that it desires to have the price increase continue or that the Vendor is requesting a different price increase for the following quarter. Such request must be supplemented with sufficient justification to demonstrate that the price increase remains necessary. The County Purchasing Department shall have sole discretion whether to grant the price increase extension. The County too, shall have discretion to unilaterally reduce, eliminate or extend a price adjustment to the Vendor at any time upon written notice from the County to the Vendor demonstrating justification for such reduction, elimination or extension of the price adjustment. 4) Allowable Review Periods: Price adjustment reviews may only be requested by the Vendor on a quarterly basis. However, the
County may at its own discretion, conduct temporary price adjustment reviews at any time. The County Purchasing Agent and/or the County Auditor reserve the right to audit and/or examine any pertinent books, documents, papers, records or invoices relating directly to the contract transaction in question after reasonable notice and during normal business hours. 5) Dollar Limit to Price Changes: The total increase in contract price shall not exceed twenty-five percent (25%) of the original
contract price during the contract term.
ADDITIONAL INFORMATION:
All costs and expenses associated with the preparation and submission of bids shall be the responsibility of the Vendor and no
reimbursements for such charges or expenses shall be passed on to Hidalgo County.
Hidalgo County is requesting that any and all questions, inquiries, and clarifications regarding quotes, bids, proposals, or statement of
qualifications be addressed to Martha L. Salazar, Purchasing Agent, 2812 S. Business Highway 281, Edinburg, Texas 78539.
TELEPHONE INQUIRIES WILL NOT BE ACCEPTED. ALL WRITTEN INQUIRIES WILL BE ACCEPTED VIA
FACSIMILE NO LATER THAN, , 2013 by 5:00 P.M. Responses will be sent to all applicants via facsimile by no
later than, , 20013 by 5:00 P.M
Page 10 of 10

RE: Review & Approval of Draft Service or Requirements Agreement -Legend &
Non-Legend Pharmaceuticals - HCSO
From : Steve Crain <[email protected]>
Mon, Nov 25, 2013 12:46 PM Subject : RE: Review & Approval of Draft Service or Requirements
Agreement -Legend & Non-Legend Pharmaceuticals - HCSO To : 'Leticia H. Saenz' <[email protected]>
Use dra  2. Thanks.
 
From: Leticia H. Saenz [mailto:[email protected]]
Sent: Monday, November 25, 2013 11:34 AM
To: Steve Crain; Marynel Trevino
Cc: Sandra Montalvo; Darlene H. Betancourt
Subject: Review & Approval of Draft Service or Requirements Agreement -Legend & Non-Legend Pharmaceuticals
- HCSO
Good morning, Mr. Crain-
Please review, recommend and approve which draft agreement should be utilized for
the draft specs (attached hereto).
Note: This is for the procurement process only.
Please advise.
Thanks.
Leticia H. Saenz, CPPB/Contracts Manager
Hidalgo County Purchasing Department
2812 South Business Highway 281
Edinburg, Texas 78539
P(956) 318-2626 F(956) 318-2629
Email: [email protected]
.DON'T WORRY.BE HAPPY..
11/25/2013 1:19 PM REQUIREMENTS AGREEMENT
THIS AGREEMENT (the "Agreement") is entered into effective as of the
, 2014 by and between
("Seller") and Hidalgo County, Texas ("Buyer").
WHEREAS, Buyer has solicited sealed bids for the supply of its requirements of
Hidalgo Buyer including for the Legend & Non-Legend Pharmaceuticals (on an as
needed basis), (the "Product") as further described in Exhibit "A", Request for Sealed Bids
(RFB) Procurement Packet as attached hereto and incorporated herein by reference for all
purposes (the "RFB") for a period of two (2) years and;
WHEREAS, Seller has submitted a proposal to supply Buyer's requirements; and
WHEREAS, Buyer has determine that Seller has submitted the lowest and best bid
to meet Buyer's requirements for certain of the Products, as herein after described. NOW THEREFORE, for and in consideration of the mutual covenants and conditions
hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Buyer agrees to purchase from Seller, and Seller agrees to sell and deliver to Buyer, all of the Products listed on Exhibit "B", which is attached hereto and incorporated
herein by reference, that Buyer may require for use by Buyer in Hidalgo Buyer projects for
a period of a two (2) years with the Buyer's option to extend for an additional two (2) one
(1) year terms under the same rates terms and conditions. Hidalgo Buyer also reserves the
right to continue this bid for an additional sixty (60) day grace period, under the same rates,
terms and conditions at the end of the contract term for unforeseen delays in award of new
bid for the next contract term. The initial term of this Contract shall commence on
, 2014 and expire on
, 2016, and it is agreed that
the Product will meet the Specifications in the Request for Sealed Bids (RFB) Procurement Packet set forth in Exhibit "A" hereto. When Buyer determines that it needs a quantity of the Product to be delivered, it will, according to its Purchasing Policies, complete and submit to Seller a Purchase Order describing the type and quantity of the Product required. The Product shall be delivered by Buyer to the location in Hidalgo Buyer specified by Buyer in its Purchase Order. Buyer agrees to pay Seller for each Purchase Order based on the prices set out in Exhibit "B". Seller shall render invoices for each Purchase Order, and the invoices shall be paid by Buyer on or before the 30th day following receipt of the invoice. Conflict with Applicable Law. Nothing in this Agreement shall be construed
so as to require the commission of any act contrary to law, and whenever there is any conflict between any provision of this Agreement and any present or future law, ordinance or administrative, executive or judicial regulation, order or decree, or amendment thereof, contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event the affected provision or provisions of this Agreement shall be modified only to the extent necessary to bring them within the legal requirements and only during the time such conflict exists. No Waiver. No waiver by Buyer of any breach of any provision of this
Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision hereof. Entire Agreement. This Agreement contains the entire contract between the
parties hereto, and each party acknowledges that neither has made (either directly or through any agent or representative) any representations or agreements in connection with this Agreement not specifically set forth herein. This Agreement may be modified or amended only by agreement in writing executed by Buyer and Seller, and not otherwise. Texas Law to Apply. This Agreement shall be construed under and in
accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Hidalgo Buyer, Texas. The parties hereby consent to personal jurisdiction in Hidalgo Buyer, Texas. Notice. Except as may be otherwise specifically provided in this Agreement,
all notices, demands, requests or communications required or permitted hereunder shall be in writing and shall either be (i) personally delivered against a written receipt, or (ii) sent by registered or certified mail, return receipt requested, postage prepaid and addressed to the parties at the addresses set forth below, or at such other addresses as may have been theretofore specified by written notice delivered in accordance herewith: Attn: County Judge 302 West University Drive Edinburg, Texas 78539 Each notice, demand, request or communication which shall be delivered or mailed in the manner described above shall be deemed sufficiently given for all purposes at such time as it is personally delivered to the addressee or, if mailed, at such time as it is deposited in the United States mail. f. Buyer may terminate this Agreement at any time for any reason or no reason at all upon giving thirty (30) days written notice. g. Additional Documents. The parties hereto covenant and agree that they
will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out the terms of this Agreement. h. Successors.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators,
legal representatives, successors, and assigns where permitted by this Agreement.
i. Assignment. This Agreement shall not be assignable.
j.
Headings.
The headings and captions contained in this Agreement are solely for convenient reference and shall not be deemed to affect the meaning or
interpretation of any provision or paragraph hereof.

k.
Gender and Number. All pronouns used in this Agreement shall include the
other gender, whether used in the masculine, feminine or neuter gender, and the singular shall include the plural whenever and as often as may be appropriate l. Authority to Execute. The execution and performance of this Agreement by
Buyer and Seller have been duly authorized by all necessary laws, resolutions or corporate action, and this Agreement constitutes the valid and enforceable obligations of Buyer and Seller in accordance with its terms. m. Insurance. Seller shall provide, to the extend it deems necessary, insurance
in force on all persons connected with providing services under this Contract naming Buyer as an additional insured, and shall furnish to Buyer certificates of such insurance coverage Exhibit "C", which is attached hereto. n. Commitment of Current Revenues Only. In the event that, during any term
hereof, the Commissioners Court does not appropriate sufficient funds to meet the obligations of Buyer under this Agreement, Buyer may terminate this Agreement upon ninety (90) days written notice to Seller. Buyer agrees, however, to use reasonable efforts to secure funds necessary for the continued performance of this Agreement. The parties intend this provision to be a continuing right to terminate this Agreement at the expiration of each budget period of Buyer pursuant to the provisions of Tex. Loc. Govt. Code Ann. ' 271.903 (Vernon Supp. 1996). o. Purchasing Ethics. Seller represents and warrants it has not, during the
process of being awarded this contract violated the following ethical standards of Buyer and, upon and after the execution of this Agreement, agrees to abide by the following ethical standards of Buyer: It shall be a breach of ethics to offer, give or agree to give any elected official, department head or employee, or former elected official, department head or employee, of Buyer, or for any elected official, department head or employee or former elected official, department head or employee of Buyer, to solicit, demand, accept or agree to accept from another person, entity or organization, a gratuity or an officer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or purchase request, influencing the content of any specification or procurement standard, rendering of advise, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore pending before any department or agency of Buyer. It shall be a breach of ethics for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor for any contract for Buyer, or any person associated therewith, as an inducement for the award of a subcontract or order. EXECUTED effective as of the day and year first above written.
Approved by Commissioner's Court:

APPROVED AS TO FORM:
Atlas & Hall, LLP
Stephen L. Crain, Attorney BUYER:
COUNTY OF HIDALGO

Ramon Garcia, Buyer Judge Arturo Guajardo Jr., Buyer Clerk SELLER:

By:
EXHIBIT "A"
REQUEST FOR SEALED BIDS (RFB) PROCUREMENT PACKET EXHIBIT "B"
TAB and BID PAGE EXHIBIT "C"
CERTIFICATE OF INSURANCE

Source: http://agenda.hidalgocounty.us/docs/2013/CC/20131210_2276/41971_Backup%20to%20Advertise.pdf