HomeMy WebLinkAbout940385.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN ROBERT FRAGER AND HEALTH
DEPARTMENT AND AUTHORIZE CHAIRMAN TO SIGN
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
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 Health Department, and
Robert Frager, commencing January 1, 1994, and ending December 31, 1994, 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 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 Health Department, and Robert Frager be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 25th day of April, A.D. , 1994, nunc pro tunc
January 1, 1994.
r�- - �� BOARD OF COUNTY COMMISSIONERS
ATTEST: Lie/M4- WELD UNTY, C LORADO
Weld County Clerk to the Board e/�l//J)
eb to C irman cittiBY: ( 04014..., q
eputy CYQrk to the Board Dale . Hal , P Tem
APPROVED AS TO FORM: f1
eeoo E. Baxter
ounty At orn y Constance L. Hariert .
Barbara J. Kirkme r O
940385
Ni„ooao Ht; FRAC-ER.
PURCHASE OF SERVICES AGREEMENT THIS A REEMENT, made and entered into this 025
*
day
of , 1994, 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 Health Department, hereinafter
referred to as "Health Department," and Nt. Robert Prager,
hereinafter referred to as "Contractor."
•
WITNESSETH
WHEREAS, Health Department desires the services of a
Pharmacist to conduct on-site personal supervision of Health
Department Clinics and to provide 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;
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:
1. Term of Agreement
This Agreement shall be effective from the date of its
signing, nunc pro tunc January 1, 1994 through December
31, 1994.
2 . Compensation
In consideration of the services to be provided by
Contractor as set forth hereinafter, Health Department
agrees to pay Contractor One Hundred Ten - Dollars
($110.00) per month for each month in which said services
are provided, pursuant to the terms of this Agreement.
3. Consultant Pharmacist Services
A. 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
Health for Pharmacists.
Page 1 of 6 Pages
940385
B. Consultant Pharmacist Services To Be Provided
Contractor shall perform the following professional
services, including but not limited to:
1 . Make on-site visits to the clinic in Greeley
as required, but no less often 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,
including, but not limited to, a review of any
evaluation of prescription orders .
9 . Complete quarterly reports covering all areas
of activity conducted by contractor at the
site.
10 . Participate in, or attend, or both, such
clinical conferences as may be required by the
Director of Community Health Nursing or the
Medical Consultant .
4 . Parties Relationship
The parties to this Agreement intend that the relation-
ship 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
Page 2 of 6 Pages
940385
shall be deemed to be an employee, agent, or servant of
another party to this Agreement.
5 . Limitations - Liabilities
Each party shall not be responsible or liable for acts or
omissions or failure to act by the other party.
Accordingly, 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.
6 . Indemnification
To the extent authorized by law, each party to this
Agreement shall indemnify, save and hold harmless the
other party against any and all claims, damages,
liability, and Court awards including costs, expenses,
and attorney fees incurred as a result of any act or
omission by the parties to this Agreement or their
employees, agents, subcontractors, or assignees pursuant
to the terms of this Agreement.
7 . Non-Assignment
This Agreement shall not be assignable without prior
written consent of Health Department or Contractor,
whichever is the non-assigning party.
8 . 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 that
compensation to Contractor which duly reflects the actual
number of hours not previously reimbursed during which
Contractor provided services pursuant to this Agreement.
9 . 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
Page 3 of 6 Pages
940385
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 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 Health
c/o Judy Nero
1517 16th Avenue Court
Greeley, CO 80631
MR. ROBERT FRAGER
1405 23rd Avenue Court
Greeley, CO 80631
10. 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.
11. 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.
Page 4 of 6 Pages
940385
. . :.
12. 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.
13. 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.
14. Inurement
This Agreement shall inure to the benefit of the heirs,
• assigns, and successors in interest of the parties
hereto. ,
IS. 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, receiving services or
benefits under this Agreement, shall be deemed an
incidental beneficiary only.
IN WITNESS WHEREOF, the parses have hereunto set their hand
and seals this 44,55/A day of / ri/ 1994, nunc pro tunc
January 1, 1994.
WELD COUNTY HEALTH DEPARTMENT
Rbbe Frager7
John . Pickle, M.S.E.H.
Di ctor
Date
Page 5 of 6 Pages
940385
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
h
W. H. Webs Ch
airman Chairairmman QSl 'ley
04M5/CM
Date
ATTEST: Le/Wad%
Weld County Clerk:to th Board
By: tT
Deputy Cerk to the Board
ahlthpha.db
Page 6 of 6 Pages
940385
' memORAnDum
i W.H. Webster, Chairman
To Board of County Commissionerapsto Anril 19. 1994 '
•s.�i - ADO From John S. Pickle, Director. Health Departinont D
subper. 1994 Pharmacist Contract
Enclosed for Board approval is a contract between the Weld County Health
Department and Mr. Robert Frager.
Mr. Frager was awarded the bid for consultant pharmacist services for the
period January 1, 1994 through December 31, 1994. He will be paid $110 per
month for these services for a total of $1,320.00
I recommend your approval of this contract.
Enclosure
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