HomeMy WebLinkAbout950095.tiffRESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN THE WELD COUNTY
HEALTH DEPARTMENT AND THOMAS FLANAGAN 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 Thomas
Flanagan, Consultant Pharmacist, commencing January 1, 1995, and ending December 31, 1995,
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 Thomas Flanagan, Consultant Pharmacist, 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 18th day of January, A.D., 1995, nunc pro tunc January 1, 1995.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CsLO' • DO
ATTEST:
Weld County Clerk to the Board
BY. 3x
Deputy Clerk'to the Board
f
Dale K. Hall, Chairman
i2:1, t/ „1
Barbara J. Kirkmeydr, pro -Tern ,.
George E! Baxter
Xildt
Constance L. Harbert
W. H. ebs er
Ht; I-1 gritozn
950095
HL0020
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 00.77 day of
NitI',„1,yam , 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 Thomas Flanagan, 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;
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 January 1, 1995 through December 31, 1995.
2. Compensation
In consideration of the services to be provided by Contractor as set forth hereinafter,
Health Department agrees to pay Contractor Fifty Dollars ($50) per hour for no more
than two hours per month for each month in which said services are provided,
pursuant to the terms of this Agreement.
Page 1 of 6 Pages
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3. Consultant Pharmacist Services
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.
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.
9. Complete quarterly reports covering all areas of activity conducted by
contractor at the site.
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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, 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 the 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.
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 that compensation to Contractor which duly reflects the actual
number of hours not previously reimbursed during which Contractor provided
services pursuant to this Agreement.
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950095
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 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
CONTRACTOR:
Thomas Flanagan
2026 27th Avenue
Greeley, CO 80631
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.
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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.
Page 5 of 6 Pages
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IN WITNESS WHEREOF, the panes have hereunto set their hand and seals this / day
of Chetfitii nip 1995, nunc pro tune January 1, 1995.
WELD COUNTY HEALTH DEPARTMENT CONTRACTOR:
John,?Pickle, M.S.E.H.
Di ctor
Date
ATTEST:
Mat
Weld County Clerk to the Board
By: 1.a-YUOOtn
Deputy Clerk Ithe Board
pharmacist.gjb
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Dale K. Hall,Chairnan
01/23/95
Date
Page 6 of 6 Pages
01/I S /95
950095
"fru,
COLORADO
mEmORAnDur 7
Dale Hall, Chairman
To Board of County Commissioners Date
John Pickle, Director, Health Department
From
Subject: Consultant Pharmacist Purchase of Services Agreement
2: t!3
1994
Enclosed for Board approval is a purchase of services agreement between the Weld County
Health Department and Mr. Thomas Flanagan for consultant pharmacist services.
Mr. Flanagan will conduct on -site visits to the clinic in Greeley as required, conduct random
chart audits to insure that drugs 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 procedures
concerning pharmacy protocol. For his services, Mr. Flanagan will be paid $50 per hour forup
to two hours per month.
The term of this agreement is from January 1, 1995 through December 31, 1995.
I recommend your approval of this agreement.
Enclosures
950095
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