HomeMy WebLinkAbout970845.tiffRESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR CONSULTANT
PHARMACIST BETWEEN HEALTH DEPARTMENT AND TOM FLANAGAN AND
AUTHORIZE CHAIR 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 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 Health
Department, and Tom Flanagan, commencing January 1, 1997, and ending December 31,
1997, 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 Health Department, and Tom
Flanagan 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 5th day of May, A.D., 1997, nunc pro tunc January 1, 1997.
BOARD OF COUNTY COMMISSIONERS
eputy Cler fo the Board
//Lj F ayka .,
Dale K. Hall
WELD OUNTY,COL RADO
George
EXCUSED
Barbara J. Kirkmeyer
Baxter, Chair
W. H. Webster
Ira
970845
HL0023
PURCHASE OF SERVICES AGREEMENT
(lff/THIS AGREEMENT, is made and entered into this `D day of
% 1 by and between the County of Weld, State of Colorado, by and through thSBoard 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 Tom 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;
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, 1997 through December 31, 1997, and
shall be renewed automatically each year thereafter, subject 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 fifty dollars ($50.00) per hour for no more
than two hours per month for each month in which said services are provided, except as
authorized by Health Department, 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.
B. Consultant Pharmacist Services To Be Provided
Contractor shall perform the following professional services, including but not
limited to:
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970845
1. Make on -site visits to the clinic in Greeley as required, but no less often
than monthly.
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.
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.
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970845
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 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 16 Avenue Court
Greeley, CO 80631
CONTRACTOR:
Tom Flanagan
2026 27 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.
10. Severability
If any terni 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,
Page 3 of 5 Pages
970845
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 4 day of
go % , nunc pro tunc January 1, 1997.
WELD COUNTY HEALTH DEPARTMENT CONTRACTOR
John •ic' -, M.S.E.H
Director
Tom Fla
Date Date
Page 4 of 5 Pages
970845
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Tzi „fr.(
Deputy Cler a7. the Board George xter, Chairman
Date
Page 5 of 5 Pages
9'7013 ;5
mEmoRAMum
Wilk.
COLORADO
George Baxter, Chairman
To Board of County Commissioners
From
Subject:
Date
April 29, 199,9
John Pickle, Director, Health Departmen
Purchase of Services Agreement for Consultant Pharmacist
Enclosed for Board approval is a contract between the Weld County Health Department
and Mr. Thomas Flanagan for consultant pharmacist services.
According to the agreement, 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.
The term of this agreement is from January 1, 1997 through December 31, 1997 and shall
be renewed automatically each year thereafter in accordance to provisions within the
agreement.
I recommend your approval of this agreement.
Enclosure
970845
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