HomeMy WebLinkAbout2020-445-E Health-Robert Dupuis pharmacy servicesRevised 6/20
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[Departmental Use Only]
TITLE Pharmacy Services
FY 2020-2021
ORANGE COUNTY
CONTRACT FOR PHARMACY SERVICES AT
OCHD- DUPUIS
NORTH CAROLINA
THIS AGREEMENT, made and entered into this first day of June, 2020, (“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;
W I T N E S S E T H:
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, 2020 to June 30, 2021.
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 Business Associate Agreement, and agrees
to maintain confidentiality per these Agreements. The Contractor will comply with
such confidentiality laws as may be applicable in the performance of these
agreements 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.
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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 Six
Hundred Forty Five dollars, ($12,645). Payment shall be made in twelve (12) equal installments of One
Thousand Fifty-Three and 75/100 dollars ($1,053.75) 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 per sons or damage to or
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destruction of any property caused in whole or in part by any negligent or intentional act or omission on the
part of the Provider.
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: This Agreement and the duties, responsibilities, obligations and rights of
respective parties hereunder shall be governed by the laws of the State of North Carolina. Provider shall at all
times remain in compliance with all applicable local, state, and federal laws, rules, and regulations and the
Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each policy is
incorporated herein by reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing_division/contracts.php). Any violation of this
requirement is a breach of this Agreement and County may immediately terminate this Agreemen t without
further obligation on the part of the County. This paragraph is not intended to limit and does not limit the
definition of breach to discrimination. By executing this Agreement Provider affirms that Provider and any
subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North
Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been
identified, and has not utilized the services of any agent or subcontractor, on the list created by the State
Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not
been identified, and has not utilized the services of any agent or subcontractor identified, on the list created
by the State Treasurer pursuant to G.S. 147-86.81.
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.
11. Signature: This Agreement together with any amendments or modifications may be
executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply
with Article 11A and Article 40 of North Carolina General Statute Chapter 66.
12. Priority: In determining the basic services to be provided, should any documents be
referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of
referenced documents and the terms of this Agreement, except the Business Associate Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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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 COUNTY PROVIDER
By: _________________________ By: _________________________
Bonnie Hammersley., 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
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ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Department
Party/Vendor Name: ROBERT DUPUIS Party/Vendor Contact Person: ROBERT DUPUIS Contact Phone: 919-966-
4131 Party/Vendor Address: 205 KENILWORTH PLACE City CHAPEL HILL State: NC Zip: 27516 Department:
HEALTH Amount: $12,645 Purpose: PHARMACY SERVICES Budget Code(s): 10414020-630000/programs
Vendor # 47361 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one)
New Renewal Amendment Effective Date 7/1/2020 Approved by Board Yes No Agenda Date:
This agreement is approved as to technical form and content and I as Department Director affirmatively state work on
this project has not been initiated prior to execution of the agreement:
Department Director’s Signature ________________________________________ Date: ________
Agreements for emergency services or repair are not subject to the above affirmation. If services related to this
agreement have already begun or been completed please briefly describe the nature of the emergency condition that was
addressed:
Information Technologies
(Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is
approved as to information technology content and specifications:
Office of the Chief Information Officer___________________________________ Date: ________
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications, and requirements:
Office of the Risk Management Officer___________________________________ Date: _________
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act:
Office of the Chief Financial Officer ____________________________________ Date: _________
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney __________________________________________Date: ________
Clerk to the Board
Received for record retention:
All Docusign contracts must be copied to Allen Coleman upon completion: acoleman@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Office of the Clerk to the Board __________________________________________Date:_________
DocuSign Envelope ID: D233D705-062B-4ADA-B1F6-FCEFB9EBE432
7/1/2020
7/2/2020
7/2/2020
7/2/2020
Attachment A - Pharmacy Contract July 1, 2020– June 30, 2021
PHARMACY SERVICES
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, 2020 and
shall terminate on June 30, 2021. It is understood that the Contractor will provide direct
pharmacy services at the two pharmacy sites of the Health Department.
I. The Contractor 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.
DocuSign Envelope ID: D233D705-062B-4ADA-B1F6-FCEFB9EBE432
Attachment A - Pharmacy Contract July 1, 2020– June 30, 2021
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.
DocuSign Envelope ID: D233D705-062B-4ADA-B1F6-FCEFB9EBE432
HCPL-2037D (11/09)
Healthcare Professional Liability
LIBERTY INSURANCE UNDERWRITERS INC.
(A Stock Insurance Company, hereinafter the “Company”)
55 Water Street, 18
th Floor
New York, NY 10041
DECLARATIONS
SECTION I
Item
1. Named Insured:
Mailing Address:
3. Policy Period: From: To:
12:01 A. M. Standard Time At Location of Designated Premises
4. Business or Profession: Affiliation:
5. The Named Insured is a(n): Partnership Corporation Individual LLC
Sole Proprietor (with employees) Professional Association Other
This policy is made and accepted subject to the printed conditions of this policy together with the provisions, stipulations
and agreements contained in the following form(s) or endorsements(s):
SECTION II
Item COVERAG EEPremium
A.Professional Liability [ ]
B.General Liability [ ]
Terrorism Risk Insurance Act
C.Endorsements [ ]
TOTAL:
LIMITS OF LIABILITY
Each Incident and Each Occurrence Aggregate
SECTION III
SUPPLEMENTARY PAYMENTS
A.First Party Assault
B.Licensing Board Reimbursement
C.Wage Loss and Expense
D.Deposition Expense
E.First Aid Reimbursement
Representative Agent:
Policy Number: AHY-768247006 Renewal Of: AHY-768247005
Robert E. Dupuis
c/o NCAIA
PO Box 1165
Cary, NC 27512
12/22/2019 12/22/2020
Pharmacist
3452- American Soc. of Health Sys. Pharmacists
X
X
X
$
$2,000,000 $4,000,000
Mercer Consumer, a service of
Mercer Health & Benefits Administration LLC
P.O. Box 14576
Des Moines, IA 50306-3576
HCPL-2037i (01/14), HCPL-2038 (11/09), HCPL-8101A (04/14)
HCPL-2037-9000-NC (11/09)
OFAC (08/09), HCPL-8103 (05/15),
HCPL-8320 (01/15), HCPL-8321 (01/15), HCPL-8324 (01/15), HCPL-8328 (02/15)
DocuSign Envelope ID: D233D705-062B-4ADA-B1F6-FCEFB9EBE432
MEMORANDUM OF INSURANCE Date Issued
Prod ucer
coverages afforded by the Certificate listed below.
Company Afford ing Coverage
Insured
This is to certify that the Certificate listed below has been issued to the insured named above for the policy period indicated, not
withstanding any requirement, term or condition of any contract or other document with respect to which this memorandum may be
issued or may pertain, the insurance afforded by the Certificate described herein is subject to all the terms, exclusions and conditions of
such Certificate. The limits shown may have been reduced by paid claims.
The Memorandum of Insurance and verification of payment are your evidence of coverage. No coverage is afforded unless the premium
is successfully paid in full.
Type of Insuran ce Certificat e Number Effective Date Expirati on Date Limits
Pro fessional Liability Per Incident/
Occurrence
Annual Aggregate
PROOF OF INSURANCE
Memorandum Holder:Should the above describe
of any kind up
representatives.
Authorized Representative
Joan O’Sullivan
North Carolina Assoc of Ins Agents Inc
101 Weston Oaks Court
Cary NC 27513
Client # 484672
11/25/2019
Robert E. Dupuis
c/o NCAIA
PO Box 1165
Cary, NC 27512
Pharmacist E
Pharmacist
AHY-768247006 12/22/2019 12/22/2020 $2,000,000
$4,000,000
Mercer Consumer, a service of Mercer Health & Benefits Administration LLC. In CA d/b/a Mercer Health & Benefits Insurance Services LLC. CA License #0G39709
PROOF OF COVERAGE ONLY
Mercer Consumer, a service of
Mercer Health & Benefits Administration LLC
P.O. Box 14576
Des Moines, IA 50306-3576
1-800-375-2764
Liberty Insurance Underwriters Inc.
Mark Brostowitz
DocuSign Envelope ID: D233D705-062B-4ADA-B1F6-FCEFB9EBE432