HomeMy WebLinkAboutResolution - 2009-R0021 - Amendment To Agreement - Maxlorplus LTD - 01/22/2009Resolution No. 2009—R0021
January 22, 2009
Item No. 5.4
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Second Amendment to
that certain Pharmacy Service Agreement dated April 1, 2006, for pharmacy benefits
management between MaxorPlus, Ltd. and the City of Lubbock, and related documents.
Said Second Amendment is attached hereto and incorporated in this resolution as if fully
set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council this 22nd
.TTEST:
Garza, City Secretat
►VED AS TO CONTENT:
day of January
Hutcheson, Director of Risk Management
AS TO FORM:
City Attorney
gs/Amendment. MaxorPlus. res09
Jan 12, 2009
TOM MARTIN, MAYOR
Resolution No. 2009—R0021
SECOND AMENDMENT TO CONTRACT
This Second Amendment to Contract ("Amendment') is entered into on this, the 22nd day of
January, 2009, by and between the City of Lubbock ("City") and MaxorPlus, Ltd. ("Maxor"), together as
parties to that certain Pharmacy Service Agreement dated April 1, 2006 (hereinafter referred to as the
"Agreement'). Each of Maxor and City may also be referred to individually as a "Party" or collectively as
the "Parties."
WHEREAS, City and Maxor entered into an Agreement dated April 1, 2006 whereby Maxor would
provide certain pharmacy benefit management services to the City; and
WHEREAS, the Agreement provides that the Agreement may not be modified except by written,
signed agreement of the parties; and
WHEREAS, the Parties previously amended the Agreement on November 8, 2007; and
WHEREAS, the Agreement provided for a primary term of three (3) years from the effective date of
April 1, 2006; and
WHEREAS, the Parties wish to extend the primary term of the Agreement for the sole purpose of
making the Agreement coterminous with certain other contracts for benefits and services made by City;
and
WHEREAS, the Parties desire that all other terms and conditions of the Agreement, as previously
amended, shall remain in full force and effect.
THEREFORE, in consideration of the mutual promises and covenants made herein, and for other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
Parties agree to amend the Agreement as follows:
1. Section F.1 of the Agreement is amended to read as follows:
Term. This Agreement shall become effective on April 1, 2006 (the "Effective
Date") and thereafter shall continue to be in effect until 11:59PM, Central Standard Time,
December 31, 2009. The term shall be automatically renewed for additional one (1) year
periods, unless terminated in accordance with paragraph F(2) hereof, or as otherwise
provided in this Agreement.
The Parties further agree that all remaining provisions of the Agreement, as previously amended,
shall remain in full force and effect as stated in the Agreement.
The undersigned additionally represent their authority to execute this Amendment, and to bind their
respective entities hereto.
Second Amendment to Contract— MaxorPlus, Ltd. Page 1 of 2
CITY OF LUBBOCK
TOM MARTIN, Mayor
ATTEST:
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Rebecca arza, City Secretary
APPROVED AS TO CONTENT:
Leisa Hutcheson, Risk Management
APPROVED AS TO FORM:
1
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MAXORPLUS, LTD.
By:
Ste Smith, cute a Vice President
Second Amendment to Contract — MaxorPEus, Ltd. Page 2 of 2