HomeMy WebLinkAbout20130680.tiffMemorandum
TO: William Garcia, Chair
Weld County Board of Commissioners
FROM: Mark E. Wallace MD, MPH, Director
Weld County Department of Public
Health and Environment
DATE: February 11, 2013
SUBJECT: Consultant Pharmacist Purchase of
Services Agreement
Enclosed is a purchase of services agreement between Weld County Department of Public
Health and Environment and Cassie Herrera, Consultant Pharmacist to be made effective
immediately replacing the former purchase of services agreement between Weld County and
John Jackson (former retired Consultant Pharmacist).
This agreement will be automatically renewed yearly unless terminated. Compensation for
services provided will be $75.00 per hour for no more than 4 hours per month for Greeley and
the Southwest Weld County Services clinic pharmacy. The consultant pharmacist shall provide
services as required by the State of Colorado Board of Pharmacy Rules for Other Outlet
Pharmacies. This includes on -site visits, random chart audits, review and formulation of
pharmacy policies and protocols, quarterly inspections and reports, management of current and
expired drugs, and general consultation needs as required.
I recommend approval of this agreement.
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 1s` day of February, 2013, by and
between the County of Weld, State of Colorado, whose address is 1150 O Street Greeley,
Colorado, 80631 (Weld), on behalf of the Weld County Department of Public Health and
Environment ("WCDPHE"), and H -Consulting, Inc (Cassie Herrera) whose address is 5426 W.
6th St., Greeley, CO, 80634("Contractor" or "Consultant Pharmacist").
WHEREAS, County desires to retain Contractor as an independent contractor to perform
services as more particularly set forth below; and
WHEREAS, Contractor has the time available to timely perform the services, and is
willing to perform the services according to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Engagement of Contractor. County hereby retains Contractor, and Contractor
hereby accepts engagement by County upon the terms and conditions set forth in this Agreement.
2. Term. The term of this Agreement shall be from February 1, 2013, through and until
January 31, 2014, and shall be renewed automatically each year thereafter, unless sooner
terminated pursuant to the provisions of Paragraph 11 of this agreement.
3. Services to be Performed. Contractor agrees to perform the Services listed or
referred to in Exhibit A, attached hereto and incorporated herein.
4. Compensation.
a. County agrees to pay Contractor for services performed as set forth in
Exhibit A at the rate of $75.00 per hour for no more than four (4) hours per month in
which said services are provided, except as authorized by WCDPHE. Charges shall be
based on the time actually spent performing the services, but shall exclude travel time.
If this Agreement is automatically renewed, pursuant to the terms and conditions
stated herein, after the first renewal year has been completed, or two years after the
original effective date of the Agreement, and every other year after that date, the parties
may renegotiate the compensation amount set forth in this paragraph, if notice is given to
the other party to prior to the termination of that year's agreement that one of the parties
wishes to engage in negotiations concerning compensation.
b. Mileage may/may not (circle one) be charged to and from any required job
site at a rate of N/A cents per mile. Contractor shall not be paid any other expenses
unless set forth in this Agreement.
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c. Payment to Contractor will be made only upon presentation of a proper
claim by Contractor, itemizing services performed. All itemized bills must be submitted
within 15 days of services rendered.
d. Payment for services and all related expenses under this Agreement shall
not exceed $ 3,600.00, annually.
5. Additional Work. In the event WCDPHE shall require changes in the scope,
character, or complexity of the work to be performed, and said changes cause an increase or
decrease in the time required or the costs to the Contractor for performance, an equitable
adjustment in fees and completion time shall be negotiated between the parties and this
Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the
Contractor for adjustment hereunder must be made in writing prior to performance of any work
covered in the anticipated supplemental Agreement. Any change in work made without such
prior supplemental Agreement shall be deemed covered in the compensation and time provisions
of this Agreement.
6. Independent Contractor. Contractor agrees that Contractor is an independent
contractor and that neither Contractor nor Contractor's agents or employees are, or shall be
deemed to be, agents or employees of the County for any purpose. Contractor shall have no
authorization, express or implied, to bind the County to any agreement, liability, or
understanding. The parties agree that Contractor will not become an employee of County, nor is
Contractor entitled to any employee benefits from County as a result of the execution of this
Agreement.
7. Warranty. Contractor warrants that services performed under this Agreement will
be performed in a manner consistent with the professional standards governing such services and
the provisions of this Agreement.
8. Reports County Property. All reports, test results and all other tangible materials
produced in connection with the performance of this Agreement, whether or not such materials
are in completed form, shall at all times be considered the property of the County.
9. Acceptance of Product not a Waiver. Upon completion of the work, Contractor
shall submit to WCDPHE originals of all test results, reports, etc., generated during completion
of this work. Acceptance by County of reports and incidental material furnished under this
Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy
of the work. Acceptance by the County of, or payment for, any services performed under this
Agreement shall not be construed as a waiver of any of the County's rights under this Agreement
or under the law generally.
10. Insurance and Indemnification. Contractor shall defend and indemnify County, its
officers and agents, from and against loss or liability arising from Contractor's acts, errors or
omissions in seeking to perform its obligations under this Agreement. Contractor shall provide
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necessary workers' compensation insurance at Contractor's own cost and expense.
11. Termination. Either party may terminate this Agreement at any time by providing
the other party with a 10 day written notice thereof. Furthermore, this Agreement may be
terminated at any time without notice upon a material breach of the terms of the Agreement. In
the event of an early termination, Contractor shall be paid for work performed up to the time of
notice and County shall be entitled the use of all material generated pursuant to this Agreement.
12. Non -Assignment. Contractor may not assign or transfer this Agreement, any
interest therein or claim thereunder, without the prior written approval of County.
13. Access to Records. County shall have access to Contractor's financial records as
they relate to this Agreement for purposes of audit. Such records shall be complete and available
for audit 90 days after final payment hereunder and shall be retained and available for audit
purposes for at least five years after final payment hereunder.
14. Time of Essence. Time is of the essence in each and all of the provisions of this
Agreement.
15. Interruptions. Neither party to this Agreement shall be liable to the other for delays
in delivery or failure to deliver or otherwise to perform any obligation under this Agreement,
where such failure is due to any cause beyond its reasonable control, including but not limited to
Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions.
16. Notices. Any notice required to be given under this Agreement shall be in writing
and shall be mailed or delivered to the other party at that party's address as stated above.
17. Compliance. This Agreement and the provision of services hereunder shall be
subject to the laws of Colorado and be in accordance with the policies, procedures, and practices
of the County.
18. Non -Exclusive Agreement. This Agreement is nonexclusive and County may
engage or use other contractors or persons to perform services of the same or similar nature.
19. Certification. Contractor certifies that Contractor is not an illegal immigrant, and
further, Contractor represents, warrants, and agrees that it has verified that Contractor does not
employ any illegal aliens. If it is discovered that Contractor is an illegal immigrant, employs
illegal aliens or subcontracts with illegal aliens, County can terminate this Agreement and
Contractor may be held liable for damages.
20. Entire Agreement/Modifications. This Agreement contains the entire agreement
between the parties with respect to the subject matter contained in this Agreement. This
instrument supersedes all prior negotiation, representation, and understanding or agreements with
respect to the subject matter contained in this Agreement. This Agreement may be changed or
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supplemented only by a written instrument signed by both parties.
21. Funding Contingency. No portion of this Agreement shall be deemed to create an
obligation on the part of County to expend funds not otherwise appropriated or budgeted for.
22. No Conflict. No employee of Contractor nor any member of Contractor's family
shall serve on a County Board, committee or hold any such position which either by rule,
practice or action nominates, recommends, supervises Contractor's operations, or authorizes
funding to Contractor.
23. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without such provision,
to the extent that this Agreement is then capable of execution within the original intent of the
parties.
24. Governmental Immunity. No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may possess.
25. No Third Party Beneficiary. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties and nothing in this
Agreement shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and
year written below.
CONTRACTOR:
ATTEST:
CLERK TO THE R�~
By:
Deputy Clerk
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By:
Fracm O
Title:
BOARD OF COUNTY
COMMISSIONERSOF WELD COUNTY
By:
, Chairman
William F. Garcia
MAR 1 1 2013
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Exhibit A
Consultant Pharmacist Services to be Provided
Consultant Pharmacist Qualifications. The Consultant Pharmacist shall, at all times during the
term of this Agreement, meet or exceed all of the qualifications and requirements of the
Colorado Department of Regulatory Agencies State Board of Pharmacy Rules 3 CCR 719-1,
Section 14.00, governing Other Outlets for licensed Pharmacists.
Consultant Pharmacist Services to be Provided, Consultant Pharmacist shall perform the
following professional services, including, but not limited to:
1. Make on -site visits to the clinic in Greeley and the clinic located at the Southwest Weld
County Service Complex, as required, or needed.
2. Document on -site visits by recording date, time, and purpose of visit on the Family
Planning Program Pharmacy Onsite Evaluation form to be supplied and maintained by
the Weld County Department of Public Health and Environment.
3. Conduct random chart audits to insure that drugs dispensed and administered are
documented in patient's charts.
4. Prepare pre-packaged drugs, as needed.
5. Provide general consultation concerning drugs, i.e., formulations, usage, applications,
etc., to clinic staff, office of Emergency Preparedness, and the State Board of Pharmacy,
as needed.
6. Participate in periodic review and formulation of any changes in the policies and
procedures concerning formulary, dispensing, and other records concerning the handling
of drugs.
7. Review all records concerning procurement, storage, disposal, dispensing, and other
records concerning the handling of drugs.
8. Review any and all records which may pertain to the duties of the Consultant Pharmacist.
9, Complete quarterly reports covering all areas of activity conducted by Contractor at the
site.
10. Provide consultation on other issues relevant to the clinic pharmacies as required by
WCDPHE.
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Confidentiality Of Patient Information. Each party agrees to keep any and all records and
information confidential, and to comply with the privacy obligations applicable to them under
the Health Insurance Portability and Accountability Act of 1996 and the regulations issued
pursuant thereto, as amended (42 USC 1320d and 45 CFR 160.101, et. seq.) ("HIPAA") and to
comply with all other laws and regulations concerning the confidentiality of such records. In the
event of a contradiction between this Agreement and federal and state law, federal and state law
shall govern the release of any confidential information. The parties agree to execute a Business
Associate Agreement pursuant to HIPAA requirements, if such an agreement is requested by
either party.
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