Loading...
HomeMy WebLinkAbout2013-256 Health - Robert E Dupuis for Direct Pharmacy Services at the two pharmacy sites of the Health Dept $12,397 [Departmental Use Only] TITLE Pharmacy Services FY 2013-2014 ORANGE COUNTY CONTRACT UNDER$25,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1 st day of June, 2013, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Robert E. Dupuis (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: The term of this agreement shall be from July 1, 2013 to June 30, 2014. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. 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. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Scope of Services. The services and/or materials (hereinafter referred to collectively as "Services")to be furnished under this Agreement are as follows: A. Provider. 1) Scope of Work. Direct Pharmacy Services at the two pharmacy sites of the Health Department as provided in Attachment A, Scope of Work. 2) Confidentiality. The Contractor agrees to sign the OCHD Personal Health Services Division Confidentiality Agreement and agrees to maintain confidentiality per this Agreement. The Contractor will comply with such confidentiality laws as may be applicable in the performance of this agreement and acknowledges that in receiving, storing, processing or otherwise dealing with any confidential information, Contractor 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, as amended. 3) Licensure. The Contractor agrees to maintain North Carolina Pharmacy License and to present proof of such license. B. Orange County Health Department. Revised July 2013 1 1) Designate a nursing supervisor to provide guidance and assistance with related administrative or technical aspects of providing pharmacy services at Health Department sites as requested. 2) Participate in the ongoing evaluation of the role of the pharmacist and provide an annual evaluation of pharmacist's performance of contract. 3) Enable the pharmacist to perform all activities mandated by laws, regulations and standards. 4) Obtain required pharmacy licenses for all sites. 5) Allow the pharmacist to participate in other related activities in the Health Department as agreed to by both parties 6) Comply with such non-discrimination laws and/or employment practices as may be applicable in fulfilling this contract. 2. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed Twelve Thousand Three Hundred Ninety-Seven dollars, ($12,397). Payment shall be made in twelve (12) equal installments of One Thousand Thirty-Three Dollars and eight cents ($1,033.08) within thirty (30) days of an invoice properly submitted to County. 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. 3. 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. 4. Independent Contractor: The Provider shall operate as an independent Provider, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. The Provider understands that no benefits, including Worker's Compensation coverage, will be provided to him by the County. 5. Insurance. A. General Requirements. The Provider shall purchase and maintain during the period of performance of this Agreement Professional Liability Insurance, covering personal injury, bodily injury and property damage and claims arising out of or related to the performance under this Agreement by the Provider. B. Limits of Coverage. The Provider shall maintain professional liability insurance coverage with coverage of at least $1 million, per occurrence, $3 million aggregate while providing services to the County. C. Evidence of Insurance. Evidence of such insurance shall be furnished to the County, together with evidence that each policy provides the County with not less than thirty (30) days prior written notice of any cancellation, non-renewal or reduction of coverage. 6. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. Revised July 2013 2 7. Termination: This Agreement may be terminated at any time without cause by either Party upon sixty(60)days written notice. This agreement may be terminated with cause at any time by either party upon at least 30 days prior written notice to the other party upon default of one or more of its obligations hereunder, unless such default is cured within 30 days of the notice of termination. 8. 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 signature. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County,North Carolina. 10. 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. In the event that 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. IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGO TY PROVIDER By: By: fr_ani4r. Clifton, , County Manager Robert E.Dupuis,Pharm.D,BCPS 200 S. Cameron St. 205 Kenilworth Place P.O.Box 8181 Chapel Hill NC,27516 Hillsborough,NC 27278 This instrument has been approved as to technical content. Colleen Bridger,MPH,PhD,H th Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. 06., A. A,- Clarence G. Grier,Asst. County Manager/CFO This WM&ore, n approved as to form and legal sufficiency. Ann Attorney Revis ed July 2013 3 EXHIBIT A: PHARMACY SERVICES REF: Scope of Work Scope of Services for the Agreement between Robert E. Dupuis and Orange County by and through the Orange County Health Department for Pharmacy Services effective,July 1,2013 and shall terminate on June 30, 2014. It is understood that the Contractor will provide direct pharmacy services at the two pharmacy sites of the Health Department. The Contractor is 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 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 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 a cost-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 prepackaged 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.