HomeMy WebLinkAbout2011-074 Health - Robert E. Dupuis for administrative services not to exceed $12,036~ 7~
NORTH CAROLINA
ORANGE COUNTY
SERVICES CONTRACT UNDER $25,000.00
THIS SERVICES CONTRACT ("Agreement"), is made and entered into this 1st day of
July, 2011 ("Effective Date") by and between Orange County, a body politic and corporate of
the State of North Carolina (the "County") party of the first part; and Robert E. Dupuis, PharmD
(the "Provider"), party of the second part;
WITNESSETH:
For the purpose and subject to the terms and conditions hereinafter set forth, the
County hereby contracts for the services of the Provider, and the Provider agrees to provide the
following services to the County in accordance with the terms of this Agreement, time being of
the essence:
1. TERM The beginning and ending dates of this Agreement shall be: July 1, 2011
through June 30, 2012.
2. MAXIMUM AMOUNT PAYABLE
Not to exceed Dollar Amount: $12,036 ($ 1003.00 in 12 installments)
3. SERVICES
Provider agrees to provide the following services:
A. Administrative Duties
1. Assist in the development of written policies and procedures for legal, safe and
effective drug therapy, distribution, control and use.
2. Work with the Department pharmacy nurse in:
a. Developing and maintaining a formulary
b. Evaluating and improving procedures for drug procurement, storage, packaging
and labeling
c. Developing an inventory tracking system with monitoring and reconciling of
pharmacy supplies ensuring continuous availability of pharmaceuticals/supplies
to meet the day-to-day needs of OCHD clients
d. Ensuring rotation of pharmacy stock
e. Ensuring Medicaid clients receive onsite-stock medications like all other OCHD
clients and are given prescriptions for medications not available through the
OCHD pharmacy
3. Work with the Department Assurance Nurse in the Medication Assistance
Program (MAP) in:
a. Verifying correct drug and dosage sent by drug companies
b. Splitting drugs as requested by clinician
c. Labeling drugs
d. Notifying Assurance Nurse when drugs are ready for dispensing
4. Oversee all activities related to the operation of the pharmacies at the
Hillsborough Whitted Center and Chapel Hill Southern Human Services
Center.
5. Prepare and submit a quarterly report reviewing pharmacy activities and
Revised January 2010
related issues.
6. Prepare and submit an annual report summarizing pharmacy activities
and accomplishments for the current year and goals/plans for the next
year.
7. Assist the Clinical Services Nursing Supervisor in budget preparation for
pharmaceuticals and related supplies, when requested.
8. Assist the Clinical Services Nursing Supervisor in acquiring
pharmaceuticals in acost-efficient manner.
9. Evaluate and improve therapeutics within the Health Department.
10. Provide pharmacy training for new public health nurses and nurse
practitioners.
11. Evaluate pharmaceutical software for Health Department pharmacy
functions as requested by the Division Director.
12. To the extent the Contractor keeps records, the Contractor agrees to
make all such records available to the Department for auditing, reporting
or any other purpose deemed necessary by the Department.
B. Drug Distribution
1. Prepack stock formulary pharmaceuticals adhering to pharmacy law
requirements and ensuring maintenance of adequate prepacked supplies.
2. Label medications received through the Medication Assistance Program (MAP).
3. Review dispensing logs at all Health Department sites weekly.
4. Review dispensing logs within 24 hours when more than 30 prescriptions have
been distributed.
5. Maintain the drug distribution system in compliance with all laws, regulations and
standards.
6. Provide drug information on an on-call basis when needed by staff.
7. Assist with the development and/or the procurement of necessary drug
information/patient education materials to include information in languages other
than English when needed.
8. Be available to directly dispense medications not approved for public health nurse
dispensing in times of communicable disease outbreaks.
9. Review at least 3 clinical charts from each site monthly, comparing them to the
dispensing log for accuracy and completeness. Document findings in the "OCHD
Pharmacy Quality Assurance Indicator, Chart Review" log.
10. Complete pharmacy incident report on all errors and forward to the Clinical Nursing
Supervisor for development of corrective actions.
11. Comply with such non-discrimination laws and/or employment practices as may be
applicable in fulfilling this contract.
C. Confidentiality
1. Sign the Orange County Health Department General Conditions of Assignment
Statement and agree to maintain confidentiality per this statement.
2. Comply with such confidentiality laws as may be applicable in the performance of
this agreement and acknowledge that in receiving, storing, processing or otherwise
dealing with any confidential information, will safeguard and not further disclose
the information except as permitted by the Health Insurance Portability and
Accountability Act of 1996,Public Law 104-191.
D. Licensure
Maintain current North Carolina Pharmacy Licensure and to present proof of
Licensure annually to the Clinical Services Supervisor.
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Provider shall not sub-contract all or any part of the services provided for in this
Agreement without prior written approval of the County. Provider shall exercise reasonable
care and diligence in performing services under this Agreement in accordance with the highest
generally accepted standards of this type of Provider practice throughout the United States and
in accordance with applicable federal, state and local laws and regulations applicable to the
performance of these services. Provider is solely responsible for the professional quality,
accuracy and timely completion and/or submission of all Services. Provider shall be
responsible for all errors or omissions, in the performance of the Agreement. Provider shall
correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no
additional cost to the County.
4. PAYMENT
Provider shall submit an invoice for services provided. The invoice shall contain
Provider's name and federal tax identification number and shall be signed and dated by the
Provider or an officer of Provider. It shall detail all services provided in payment requests. The
County will make payments to Provider within thirty (30) days of receipt of and approval of the
invoice by the contracting department. In the event the amount stated on an invoice is disputed
by the County, the County may withhold payment of all or a portion of the amount stated on an
invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the
terms of this Agreement, County may, without fault or penalty, withhold any payment associated
with the work to be performed until such time as said work is completed.
5. NON-WAIVER
Failure by County at any time to require the performance by Provider of any of the
provisions hereof shall in no way waive or affect the County's right hereunder to enforce the
same, nor shall any waiver by the County of any breach be held to be a waiver of any
succeeding breach or a waiver of this Non-Waiver Clause.
6. RELATIONSHIP OF PARTIES
Provider is an independent contractor of the County. Provider represents that it has or
will secure, at its own expense, all personnel required in performing the services under this
Agreement. Such personnel shall not be employees of or have any contractual relationship with
the County. All personnel engaged in work under this Agreement shall be fully qualified and
shall be authorized or permitted under state and local law to perform such services. It is further
agreed that the Provider-will obey all State and Federal statutes, rules and regulations which
are applicable to provisions of the services called for herein. Neither Provider nor any.
employee of the Provider shall be deemed an officer, employee or agent of the County.
7. TERMINATION
This Agreement may be terminated by Provider upon ten (10) days' written notice to the
County, and the County may terminate this agreement upon ten (10) days' written notice to
Provider.
8. INSURANCE REQUIREMENTS
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Provider shall obtain, at its sole expense, all insurance as required in the County's risk
management policy and shall not commence work until such insurance is in effect and
certification thereof has been received by the County's Risk Manager. Such insurance shall
name the County as Additional Insured under both General Liability and Auto Liability policies.
9. INDEMNIFICATION
Provider agrees to defend, indemnify, and hold harmless the County, for all loss, liability,
claims or expense (including reasonable attorney's fees) arising from bodily injury, including
death or property damage, to any person or persons caused in whole or in part by the
negligence or misconduct of the Provider, except to the extent same are caused by the
negligence or willful misconduct of the County. It is the intent of this section to require Provider
to indemnify the County to the extent permitted under North Carolina law.
10. NON-ASSIGNMENT
Provider shall not assign all or any part of this Agreement, including rights to payments,
to any other party without the prior written consent of the County.
11. ENTIRE AGREEMENT
The parties have read this Agreement and agree to be bound by all of its terms, and
further agree that it constitutes the complete and exclusive statement of the Agreement
between the parties unless and until modified in writing and signed by the parties. Modifications
may be evidenced by telefacsimile signatures. This Agreement shall incorporate the following
attachments: (Insert list of attachments if applicable and consult with attorney for prioritization)
2011-12 Business Associate Agreement
Should a conflict arise among the terms of this Agreement and any attachment first
priority 'is given to this Agreement followed in order of priority by any Attachments as listed
above.
12. GOVERNING LAW
Both parties agree that this Agreement shall be governed by the laws of the State of
North Carolina.
13. NON APPROPRIATION
Provider acknowledges that County is a governmental entity, and the validity of this
Agreement is based upon the availability of public funding under the authority of its statutory
mandate.
If, at any time after the Effective Date of this Agreement, public funds are unavailable
and not appropriated for the performance of County's obligations under this Agreement, then
this Agreement shall automatically expire without penalty to County immediately upon written
notice to Provider of the unavailability and non-appropriation of public funds. It is expressly
agreed that County shall not activate this non-appropriation provision for its convenience or to
circumvent the requirements of this Agreement, but only as an emergency fiscal measure
during a substantial fiscal crisis.
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In the event of a change in the County's statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
County's authority to continue its obligations under this Agreement, then this Agreement shall
automatically terminate without penalty to County upon written notice to Provider of such
limitation or change in County's legal authority.
14. DISPUTE RESOLUTION
Any and all suits or actions to enforce, interpret or seek damages with respect to any
provision of, or the performance or non-performance of, this Agreement shall be brought in the
General Court of Justice of North Carolina sitting in Orange County, North Carolina and it is
agreed by the parties that no other court shall have jurisdiction or venue with respect to such
suits or actions. The Parties may agree to nonbinding mediation of any dispute prior to the
bringing of such suit or action.
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IN WITNESS WHEREOF, Orange County and the Provider have signed this
Agreement, effective as of the day first written above.
ORANGE OU TY PROVIDER: Federal Tax ID # X32 -YQ ~Z7~
By: By: 1~~~~°'~~
Cou y ana
200 S. Camero~(Stheet Print Name & Title
P.O. Box 8181 Robert E. Dupuis, PharmD, Pharmacist
Hillsborough, NC 27278
Thi instrument has bee pproved as to tec/hnical content.
Rosemary L. St~1r mers, Department Director
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
Clarencq G. Grier, Finance Director
This ~strl~meni~ha~ b`pen approved as to form and legal sufficiency.
bb~s, ounty Attorr~ey4 O~t ec_,..
.K.
Revised January 2010 6