HomeMy WebLinkAbout20073063.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR CONSULTANT PHARMACIST
AND AUTHORIZE CHAIR TO SIGN - JOHN JACKSON
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Purchase of Services Agreement for a
Consultant Pharmacist between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Weld County Department of Public
Health and Environment, and John Jackson, commencing September 29, 2007, and ending
September 30, 2008, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Purchase of Services Agreement for a Consultant Pharmacist between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Weld County Department of Public Health and Environment, and
John Jackson be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of October, A.D., 2007, nunc pro tunc September 29, 2007.
BOARD OF COUNTY COMMISSIONERS
{r`1` .<1,� WEOUNTY, COLORADO
ATTEST: ///�i/ /l, :/ 'iej e vJ( Coal/
/� _" David E. Long, Chair
Wel County Clerk to the Boart fit.v- 1.-2__ i
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g William H Ike, m
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BY: a2
De ty Cle to the Boa fA t v
Willi F. Garcia
AP D - F \CI�1nC�,1. .
0 Robert D. Mald,\Or—
en
ount�rney D o vvva!
Douglas R demacher
Date of signature: I D/l o l01
2007-3063
HL0034
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Memorandum
TO: David E. Long, Chair
Board of County Commissioners
IFROM: Mark E. Wallace, MD, MPH
C Director, Department of Public Health
and Environment Cti.h_ c
COLORADO DATE: September 26, 2007 Vl)c4/ Pn
SUBJECT: Purchase of Services Agreement for
Consultant Pharmacist
Enclosed for Board review and approval is an agreement between Weld County and John
Jackson for consultant pharmacist services. According to the agreement, Mr. Jackson will
conduct on-site visits to the Weld County Department of Public Health and Environment's
clinics as required, conduct random chart audits to insure medications dispensed and
administered are documented in patients' charts, prepare pre-packaged medications as needed,
provide general consultation to clinic staff, office of Emergency Preparedness and State Board of
Pharmacy concerning pharmacy protocols. He will also provide consultation and evaluation on
other issues relevant to the clinic pharmacies as required by the Health Department. For his
services, Mr. Jackson will be paid $75 per hour.
The term of this agreement is from September 29, 2007 through September 28, 2008 and shall be
renewed automatically each year thereafter unless terminated sooner in accordance to provisions
within the agreement. I recommend your approval of this agreement.
Enclosure
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2007-3063
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 29`h day of September, 2007 by and
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, hereinafter referred to as "Weld County" on behalf of the Weld
County Department of Public Health and Environment, hereinafter referred to as "Health
Department," and John Jackson, hereinafter referred to as "Contractor" or"Consultant
Pharmacist."
WITNESSETH
WHEREAS, Health Department desires the services of a Consultant Pharmacist to
provide on-site consultant services consistent with the needs of the clinic staff; and
WHEREAS, Consultant Pharmacist desires to enter into an agreement with Health
Department to perform such services; and
WHEREAS, the parties desire to reduce the terms of their agreement to writing.
NOW THEREFORE, for and in consideration of the covenants, conditions, agreements,
and stipulations hereinafter expressed, the parties do hereby agree as follows:
AGREEMENT
1. Term of Agreement. This Agreement shall be effective from September 29, 2007,
through September 30, 2008, and shall be renewed automatically each year thereafter,
unless sooner terminated pursuant to the provisions of Paragraph 7 of this Agreement.
2. Compensation. In consideration of the services to be provided by Contractor as set forth
hereinafter, Health Department agrees to pay Contractor seventy-five dollars ($75.00) per
hour for no more than four (4) hours per month in which said services are provided,
except as authorized by Health Department, pursuant to the terms of this Agreement.
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 this 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 prior to the termination of that year's agreement that one of the parties wishes
to engage in negotiations concerning compensation.
3. Consultant Pharmacist Services
A. 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 Colorado law and the Rules of the Colorado Department of
„7007-306
Public Health and Environment for licensed Pharmacists.
B. 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 Services Complex, as required, or needed.
2. Document on-site visits by recording date, time, and purpose of visit on
Form 1.2-A.
3. Conduct random chart audits to insure that drugs dispensed and
administered are documented in patients' 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, or other drug
control activities.
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 Health Department.
4. Parties Relationship. The parties to this Agreement intend that the relationship between
them contemplated by this Agreement is that of independent entities working in mutual
cooperation. No employee, agent, or servant of one party shall be or shall be deemed to
be an employee, agent, or servant of another party to this Agreement.
5. Limitations - Liabilities - Indemnification. Each party shall not be responsible or liable
for acts or omissions or failure to act by the other party. Accordingly, to the extent
2
permitted by law, Health Department agrees to indemnify and hold Contractor harmless
from any and all liability incurred by acts or omissions or failures to act by Health
Department, and, likewise, Contractor agrees to indemnify and hold Health Department
harmless from any and all liability incurred by acts or omissions or failures to act by
Contractor. Because Health Department is a department of Weld County government,
Contractor acknowledges that its agreement to indemnify and hold harmless Health
Department extends to Weld county, its employees, agents, subcontractors, and assignees.
The term "liability" includes, but is not limited to, any and all claims, damages, and court
awards including costs, expenses, and attorney fees incurred as a result of any act or
omission by the applicable party who acted or failed to act. Notwithstanding any
provision contained herein to the contrary, Weld County does not waive any immunities
to which it is entitled pursuant to law.
6. Non-Assignment. This Agreement shall not be assignable without prior written consent
of Health Department or Contractor, whichever is the non-assigning party.
7. Termination. Either party may terminate this Agreement for cause, upon ten (10) days
written notice, and for any reason, so long as thirty (30) days written notice of its intent to
so terminate is given to the other party. If this Agreement is so terminated, Health
Department shall pay to Contractor that compensation which duly reflects the actual
mileage or number of hours not previously reimbursed during which the Contractor
provided services pursuant to this Agreement.
8. Notices. Any notice provided for in this Agreement shall be in writing and shall be
served by personal delivery or by certified mail, return receipt requested, postage prepaid,
at the addresses set forth in this Agreement, until such time as written notice of a change
is received from the party wishing to make a change of address. Any notice so mailed
and any notice served by personal delivery shall be deemed to be delivered and effective
upon receipt or upon attempted delivery. This method of notification will be used in all
instances, except for emergency situations when immediate notification to the parties is
required.
HEALTH DEPARTMENT: Weld County Department of Public Health and
Environment
c/o Judy Nero
1555 N. 17th Avenue
Greeley, CO 80631
CONTRACTOR: John Jackson
c/o Monfort Family Clinic
2930 1 Avenue
3
Evans, CO 80620
9. Modification and Breach. This Agreement contains the entire Agreement and
understanding between the parties to this Agreement and supersedes any other agreements
concerning the subject matter of this transaction, whether oral or written. No
modification, amendment, novation, renewal, or other alteration of or to this Agreement
and the attached exhibits shall be deemed valid or of any force or effect whatsoever,
unless mutually agreed upon in writing by the undersigned parties. No breach of any
term, provision, or clause of this Agreement shall be deemed waived or excused, unless
such waiver or consent shall be in writing and signed by the party claimed to have waived
or consented. Any consent by any party hereto, or waiver of, a breach by any other party,
whether express or implied, shall not constitute a consent to, waiver of, or excuse for any
other different or subsequent breach.
10. 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 a
provision, to the extent this Agreement is then capable of execution within the original
intent of the parties.
11. Funding. No portion of this Agreement shall be deemed to create an obligation on the
part of the County of Weld, State of Colorado, or Health Department to expend funds not
otherwise appropriated during the term of this Agreement.
12. Records and Compliance with HIPAA. Each party agrees to keep any and all records and
information confidential in compliance with all laws and regulations concerning the
confidentiality of such records. The parties agree to comply with the Health Insurance
Portability and Accountability Act of 1996, as codified at 42 U.S.C. section 1320d
("HIPAA") and any current and future regulations promulgated thereunder including
without limitation the federal privacy regulations contained in 45 C.F.R. Parts 160 and
164 (the "Federal Privacy Regulations"), and the federal standards for electronic
transactions contained in 45 C.F.R. Parts 160 and 162, all collectively referred to herein
as "HIPAA Requirements." The parties agree not to use or further disclose any Protected
Health Information (as defined in 42 U.S.C. Section 1320d), other than as permitted by
HIPAA Requirements and the terms of this Agreement. To the extent applicable under
HIPAA, the parties shall make internal practices, books, and records relating to the use
and disclosure of Protected Health Information available to the Secretary of Health and
Human Services to the extent required for determining compliance with the Federal
Privacy Regulations.
13. Inurement. This Agreement shall inure to the benefit of the heirs, assigns, and successors
in interest of the parties hereto.
14. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that
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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 contained 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 deemed an incidental
beneficiary only.
IN WITNESS WHEREOF, the parties have hereunto set their hand and seals.
WELD COUNTY DEPARTMENT OF CONTRACTOR
PUBLIC HEALTII AND ENVIRON NT
/C1 (1)I7
Mark E. Wallace, MD, MPH JSMi Jackson
BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF WELD, ��
STATE OF COLORADO ATTEST: -ice)
CLERK TO THE BOARD µ{{, , N`�``"
David E. Long, C air By: f E �
CT 01 2007 Deputy Clerk to the Bo.� 3 9110eci°‘�
ATTESTING TO BOARD OF COUN
COMMISSIONER SIGNATURES ONLY
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