HomeMy WebLinkAboutC10-145 John Allen Batson AgreementAGREEMENT BETWEEN EAGLE COUNTY
AND
JOHN ALLEN BATSON, PHARMACIST
This Agreement ("the Agreement") is made this ~_ day of i~ ~ ti 2010, between
Eagle County, Colorado ("County") and John Allen Batson, Pharmaci `Contractor").
WITNESSETH:
Whereas, the County, through its Department of Public Health, works to promote the health,
safety and welfare of County residents of all ages; and
Whereas, among the services the County provides in order to promote such health, safety and
welfare include the administration of pharmaceuticals for family planning, sexually
transmitted disease control, and other reproductive health care; and
Whereas, the use of outside providers to perform oversight of pharmaceutical services meets
a State funding requirement, and enhances the ability of the County to promote health, safety
and welfare; and
Whereas, Contractor is a provider of such a service and wishes to contract with County.
Now, therefore, in consideration of the foregoing premises and the following promises,
County and Contractor enter into this Agreement.
I: SCOPE
Contractor shall provide, on an on-call basis, the services of a pharmacist consultant in
compliance with the guidance of the Federal Title X Family Planning Program. Duties
include:
o Serving as consultant for any pharmaceutical related issue.
o Working with the program coordinator to review and sign protocols annually.
o Making on-site inspections quarterly to ascertain that there is compliance with the
protocols and the Pharmacy Practice Act.
o Making follow-up visits in the event of non-compliance until compliance is
assured.
o Taking and disposing of expired medications.
II: TERM
This Agreement shall commence on January 1, 2010, and shall terminate on December 31,
2010.
III: COMPENSATION
A. Eagle County will pay the Contractor a flat fee of $150 per inspection. For all non-
inspection related work, Eagle County will pay the Contractor at the rate of $50 per
hour. Mileage will be reimbursed at the standard IRS rate for business that was in effect on the
day the mileage was accrued. Contractor shall clearly document the following on invoices:
charges for inspections, charges for time incurred during non-inspection work, and
a~ 0 -1 ~~
mileage. The total cost to the County shall not exceed two thousand dollars ($2,000.00),
absent an amendment to this agreement signed by both parties.
B. If, prior to payment of compensation or reimbursement for services, but after
submission to County of a request therefore by Contractor, County reasonably determines
that payment as requested would be improper because the services were not performed as
prescribed by the provisions of this Agreement, the County shall have no obligation to
make such payment. If, at any time after or during the Term or after termination of this
Agreement as hereinafter provided or expiration of this Agreement, County reasonably
determines that any payment theretofore paid by County to Contractor was improper
because the services for which payment was made were not performed as prescribed by
the provisions of this Agreement, then upon written notice of such determination and
request for reimbursement from County, Contractor shall forthwith return such payment
to County. Upon termination of this Agreement as hereinafter provided or expiration of
the Term, any unexpended funds advanced by County to Contractor shall forthwith be
returned to County.
IV: PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES
A. The Contractor shall not knowingly employ or contract with an illegal alien to
perform work under the public contract for services; or enter into a contract with a
subcontractor that fails to certify to the contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under the public
contract for services. If the Contractor is a sole provider of services, they shall attach an
original signed copy of Exhibit A to this Agreement.
B. The Contractor shall verify or attempt to verify through participation in the Basic
Pilot Verification program, as administered by the United States Department of
Homeland Security, that the Contractor does not employ any illegal aliens. If the
Contractor is not accepted into the Basic Pilot Verification Program prior to entering into
a public contract for services, the contractor shall apply to participate in the Program
every three months until the contractor is accepted or the public contract for services has
been completed, whichever is earlier. Information on applying for the Basic Pilot
Verification Program can be found at: https://www.vis-dhs.com\employerregistration
C. The Contractor shall not use the Basic Pilot Verification Program procedures to
undertake pre-employment screening of job applicants while the public contract for
services is being performed.
D. If the Contractor obtains actual knowledge that a Subcontractor performing work
under the public contract for services knowingly employs or contracts with an illegal
alien, the Contractor shall be required to:
i. Notify the Subcontractor and the County within three days that the Contractor has
actual knowledge that the Subcontractor is employing or contracting with an illegal
alien;
ii. Terminate the Subcontract with the Subcontractor if within three days of receiving
the notice required pursuant to subparagraph (i) of the paragraph (D) the
Subcontractor does not stop employing or contracting with the illegal alien; except
that the Contractor shall not terminate the contract with the Subcontractor if during
such three days the Subcontractor provides information to establish that the
Subcontractor has not knowingly employed or contracted with an illegal alien
E. The Contractor shall comply with any reasonable request by the Department of Labor
and Employment made in the course of an investigation that the department is
undertaking pursuant to its authority.
F. If a Contractor violates these prohibitions, the County may terminate the contract
for breach of the contract. If the contract is so terminated, the Contractor shall be
liable for actual and consequential damages to the County.
V. TERMINATION
County may terminate this Agreement at any time and for any reason or no reason upon
written notice to Contractor specifying the date of termination, which date shall be not less
than ten (10) days from the date of the notice. In the event Contractor files for bankruptcy or
is declared bankrupt or dissolves, County may declare in writing that this Agreement is
terminated, and all rights of Contractor and obligations of County, except for payment of
accrued but unpaid fees and expenses, shall terminate immediately.
VI. CONTRACTOR'S DUTIES
A. All funds received by Contractor under this Agreement shall be or have been expended
solely for the purpose for which granted, and any funds not so expended, including funds lost
or diverted for other purposes, shall be returned to County.
B. Contractor shall maintain, for a minimum of 3 years, adequate financial and
programmatic records for reporting to County on performance of its responsibilities
hereunder. Contractor shall be subject to financial audit by federal, state or county auditors
or their designees. Contractor authorizes County to perform audits or to make inspections
during normal business hours, upon 48 hours notice to Contractor, for the purpose of
evaluating performance under this Agreement. Contractor shall cooperate fully with
authorized HHS representatives in the observation and evaluation of the program and
records. Contractor shall have the right to dispute any claims of misuse of funds and seek an
amicable resolution with County.
C. Contractor shall comply with all applicable federal, state and local rules, regulations and
laws governing services of the kind provided by Contractor under this Agreement.
D. Contractor shall assure that the service described herein is provided to the County at a cost
not greater than that charged to other persons in the same community.
E. Contractor shall safeguard information and confidentiality of all clients in accordance
with rules of Eagle County Health & Human Services, and the Health Information Privacy
and Accountability Act.
F. Contractor shall submit billings at least quarterly to the County, and to the attention of the
Public Health Manager. Billings will be paid through the County's usual bill paying process.
Billings must be submitted by the fifth working day of the subsequent month in order to be
eligible for reimbursement, except that billings for services provided through June 30, 2010
must be submitted by July 3, 2010; and billings for services provided through December 31,
2010 must be submitted by January 10, 2011, in order to be eligible for reimbursement.
VII. NOTICE
Any notice required under this Agreement shall be given in writing by registered or certified
mail; return receipt requested which shall be addressed as follows:
COUNTY:
Anne Robinson, Nurse Manager
Eagle County Dept. of Public Health
P. O. Box 660
Eagle, CO 81631
(970) 748-2005
e-mail: anne.robinson@eaglecounty.us
CONTRACTOR:
John Allen Batson, Pharmacist
Colorado Pharmacy License #14970
PO Box 1473
Eagle, CO 81631
(970) 328-6875
Notice shall be deemed given three (3) days after the date of deposit in a regular depository
of the United States Postal Service.
VIII. ASSIGNMENT
Contractor shall not assign any of its rights or duties under this Agreement to a third party
without the prior written consent of County. County shall terminate this Agreement in the
event of any assignment without its prior written consent of County.
IX. MODIFICATION
Any revision, amendment or modification of this Agreement shall be valid only if in writing
and signed by all parties.
X. INSURANCE
Type of Insurance
Professional Liability Insurance
Coverage Limits
$ 500,000 per occurrence
Contractor shall purchase and maintain such insurance as required above and shall provide
certificates of insurance in a form acceptable to County upon execution of this Agreement.
XI. MISCELLANEOUS
A. The relationship of Contractor to County is that of independent contractor. No agent,
employee or volunteer of Contractor shall be deemed to be an agent, employee or volunteer
of County.
B. In the event of litigation in connection with this Agreement, the prevailing party shall be
entitled to recover all reasonable costs incurred, including attorney fees, costs, staff time and
other claim related expense.
C. Invalidity or unenforceability of any provision of this Agreement shall not affect the other
provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable
provision was omitted.
D. Contractor shall indemnify and hold harmless County, its Board of Commissioners, and
the individual members thereof, its agencies, departments, officers, agents, employees,
servants and its successors from any and all demands, losses, liabilities, claims or judgments,
together with all costs and expenses, including but not limited to attorney fees, incident
thereto which may accrue against, be charged to or be recoverable from County, its Board of
Commissioners, and the individual members thereof, its agencies, departments, officers,
agents, employees, servants and its successors, as a result of the acts or omissions of
Contractor, its employees or agents, in or in part pursuant to this Agreement or arising
directly or indirectly out of Contractor's exercise of its privileges or performance of its
obligations under this Agreement.
E. Contractor shall comply at all times and in all respects with all applicable federal, state
and local laws, resolutions, and codes.
F. Notwithstanding anything to the contrary contained in this Agreement, County shall have
no obligations under this Agreement after, nor shall any payments be made to Contractor in
respect of any period after, December 31st of the calendar year of the Term of this
Agreement, without an appropriation therefore by County in accordance with a budget
adopted by the Board of County Commissioners in compliance with the provisions of Article
25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. §§
29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20).
G. This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and
venue for any suit, right or cause of action arising under, or in connection with this
Agreement shall be exclusive in Eagle County, Colorado.
H. This Agreement supersedes all previous communications, negotiations and/or agreements
between the respective parties hereto, either verbal or written, and the same not expressly
contained herein are hereby withdrawn and annulled. This is an integrated agreement and
there are no representations about any of the subject matter hereof except as expressly set
forth in this Agreement.
I. This Agreement does not, and shall not be deemed or construed to, confer upon or grant to
any third party or parties any right to claim damages or to bring any suit, action or other
proceeding against either Contractor or County because of any breach hereof or because of
any of the terms, covenants, agreements and conditions herein.
J. Contractor certifies that it has read the Agreement, understands each and every term and
the requirements set forth herein, and agrees to comply with the same.
In Witness Whereof, County and Contractor have executed this Agreement in triplicate on
the date set forth above. Two counterparts have been delivered to County and one to
Contractor.
COUNTY OF EAGLE, STATE OF COLORADO
By and through its County 1
By:
Montag, County Manager
CO TOR
_ j, /
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" .Iohn llen Batson, Pharmacist
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STATE OF ~~ ~~ ~ c= ra~~C, )
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COUNTY OF - ~ , c~ L ~ )
The foregoing instrument was acknowledged before me by ~~~c`-~" ~ v~~ h~ ~ ~ ~~ ~~_~ this ~-- ~~
day of ~~~ a~ v' , 2010
~, ~ ..~ ,~ ., ~ ~ ;~ ~~~~~ My commission expires: v ~ i ~ ~ ~
Notary Public
T.
N~ ;~ ~
Op COLOPP
~'~~;••C;SL\
2012
Exhibit A
I, . ~~~._ j~ ---4 s ~ ~--~ ,swear or affirm under the penalty of perjury under the
laws of the State of Colorado that (check one):
~m a United States Citizen
I am a Permanent Resident of the United States, or
I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a
public benefit. I understand that state law requires me to provide proof that I am lawfully
present in the United States prior to receipt of this public benefit. I further acknowledge that
making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is
punishable under the criminal laws of Colorado as perjury in the second degree under
Colorado Revised S~tute ~18-8-503 and it shall constitute a separate. criminal offense each
tim~blie~bene~~t~is fr~ulently received. _ ~ /
Signa ~~~ Date
f ,
e. .
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Pharmacists
~llu~u~~®InSUrance 1-800-247-5930 or 515-295-2461
L~l Company P.O. Box 370, 808 Highway 18 West, Algona, Iowa 50511-0370
INDIVIDUAL PHARMACIST PROFESSIONAL LIABILITY DECLARATIONS
THIS IS NOT A BILL
NAMED INSURED AND MAILING ADDRESS CUSTOMER NUMBER 0006954001
JOHN A BATSON POLICY NUMBER PHL 0092514 02
PO BOX 1473 Previous Policy Number PHL 0092514
EAGLE CO 81631-1473 POLICY PERIOD 09/01/09 TO 09/01/10
12 01 A.M. Standard Time at the described location
TRANSACTION B
RENEWAL DECLARATION
THIS IS AN OCCURRENCE POLICY
COVERAGE
Individual Pharmacist Professional Liability Coverage
Limited Pharmacist's License Defense Reimbursement
Certified CPR Coverage
DEDUCTIBLE LIMITS OF LIABILITY
$l, 000, 000 per occurrence
$3 , ooo, 000 aggregate
$500 $10, 000 per occurrence
$lo, 00o aggregate
$ 5 0 , 00 0 per occurrence
$50, 000 aggregate
POLICY PREMIUM TOTAL $144.00
FORMS AND ENDORSEMENTS
PMPHL196 (01/09) Ind Pharmacist Prof Liab Pol
PM426-CO (01/09) Amendatory Endorsement-CO
PM1000 (10/01) Mutual Company Provisions
Retain this declarations page with your policy.
Mutual Company Participating Nonassessable Policy
.yam,
WARNING: A,person who knowingly submits an application or files a claim with intent to defraud or helps commit a fraud against
an insurer may be guilty of a crime and may be subject to criminal and civil penalties.
PHLDEC
Authorized Representative THOMAS A. QUESENBERY, CPCU
Date Printed:08/31/09 INSURED COPY Page 1
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