HomeMy WebLinkAbout20022909.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR CONSULTANT
PHARMACIST SERVICES AND AUTHORIZE CHAIR TO SIGN - CHRISTOPHER
HARTZ
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
Consultant Pharmacist Services 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 Christopher Hartz, commencing October 1,
2002, and ending September 30, 2003, 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 Consultant Pharmacist
Services 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 Christopher Hartz 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 30th day of October, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD UNTY, OLORADO
ATTEST: Lid4�;�e:!�.,ilia
n Vaad, Chair
Weld County Clerk to4.4. •-,�
.(;tr D . L g, Pro-Tem
BY: /�,. apt
Deputy Clerk to the'
�..►� M. J. eile
APPRO AS TO FO :
William . Jerke
ounty ottA rloey y7
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Robert D. Masden
Date of signature:
2002-2909
HL0029
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PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 31L day of L?c,/,46.cr- , 2002
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 Christopher L. Hartz, 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 October 1, 2002, through
September 30, 2003, 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 sixty dollars ($60.00) 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.
3. Consultant Pharmacist Services
1. Consultant Pharmacist Qualifications. The Consultant Pharmacist shall meet or
exceed all of the qualifications and requirements of Colorado law and the Rules of
the Colorado Department of Public Health and Environment for 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, but no less often
1
than monthly.
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 to the clinic staff concerning drugs.
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
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 depaitnuent 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
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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 receive that compensation which duly reflects the actual 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: Christopher L. Hartz
1315 First Street
Eaton, CO 80615
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,
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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. 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.
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
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 this .'5:4
day of 6Cl`d , 2002, nunc pro tunc October 1, 2002.
WELD COUNTY DEPARTMENT OF CONTRACTOR
PUBLIC HEALTH AND ENVI ENT
X15 1-\,L.-. .
Mark E. Wallace, MD, MPH Christopher L. Hartz
BOARD OF COUNTY COMMISSIONERS
/6-- r '
FOR THE COUNTY OF WELD, }` 2.f�.o
STATE OF COLO O ATTEST: t/
,ItyDCLERK TO THE BO .
l ; ti
Glenn Vai r By: ce ` _ .t�
(Ic%/2oc , Deputy Clerk to the Board it , . 1
4
,;200.2-- 70
itot Memorandum
IGlen Vaad, Chair
C TO: Board of County Commissioners
•
COLORADO FROM: Mark E. Wallace, MD, MPH, Director
Department of Public Health and q 0Ctit
Environment ufj ;
DATE: October 28, 2002
SUBJECT: Purchase of Services Agreement for
Consultant Pharmacist
Enclosed for Board review and approval is an agreement between Weld County and
Christopher L. Hartz for consultant pharmacist services.
According to the agreement, Mr. Hartz 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 concerning
medications, and participate in the review and formulation of policies and procedure concerning
pharmacy protocol. For his services, Mr. Hartz will be paid $60 per hour.
The term of this agreement is from October 1, 2002 through September 30, 2003, 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
2002-2909
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