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Home My WebLink AboutC13-317 Courtney Lambrecht AgreementAGREEMENT BETWEEN EAGLE COUNTY AND COURTNEY LAMBRECHT,PHARMACIST This Agreement("Agreement")dated as of this a) 1 day of 20 between the County of Eagle, State of Colorado, a body corporate and politic,by and through its County Manager("County"), with a mailing address of 500 Broadway, Post Office Box 850,Eagle, CO 81631 and Courtney Lambrecht,Pharmacist with a mailing address of Post Office Box 298, Minturn, CO 81645 ("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. AGREEMENT NOW,THEREFORE,in consideration of the foregoing premises and the following promises, County and Contractor agree as follows: 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. C«- -r Contractor/Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. Contractor/Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E-verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: http://www.dhs.gov/xprevprot/programs/gc_1185221678150.shtm C. The Contractor/Consultant shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. D. If the Contractor/Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien,the Contractor/Consultant shall be required to: i) Notify the subcontractor and the County within three days that the Contractor/Consultant has actual knowledge that the subcontractor is employing or contracting with an illegal alien;and 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/Consultant 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/Consultant 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 established in C.R.S. § 8-17.5-102(5). F. If a Contractor/Consultant violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor/Consultant shall be liable for actual and consequential damages to the County as required by law. G. The County will notify the office of the Colorado Secretary of State if Contractor/Consultant violates this provision of this Contract and the County terminates the Contract for such breach. 3 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 Director. 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, 2014 must be submitted by July 3, 2014; and billings for services provided through December 31, 2014 must be submitted by January 10, 2015,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: 4 COUNTY: CONTRACTOR: Jennifer Ludwig, Public Health Director Courtney Lambrecht,Pharmacist Eagle County Public Health Colorado Pharmacy License#17700 P. O. Box 660 PO Box 298 Eagle,CO 81631 Minturn,CO 81645 970) 328-8819 214)679-6219 jennifer.ludwig@eaglecounty.us 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 Coverage Limits Professional Liability Insurance 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 which shall be attached as Exhibit B. 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. Intentionally Omitted. 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 5 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. Remainder of page left blank// 6 In Witness Whereof,County and Contractor have executed this Agreement on the date first set forth above. COUNTY OF EAGLE,STATE OF COLORADO By and through its County Manager B Keith Montag,County Man.ler CONTRACTOR By: Nu.-6A .CAsuj Courtney Lambrecht, Pharmacist 7 Exhibit A I, a b''^t 1..a,^^br swear or affirm under the penalty of perjury under the laws of the State of Colorado that(check one): I am 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 Statute § 18-8-503 and it shall constitute a separate criminal offense each ti a p lic nefit is fraudulently received. Signature Date II 8 EXHIBIT B PROOF OF INSURANCE Certificate of insurance to be inserted as Exhibit B) III I I ICI 9 armaci ft Ai utua ' Insurance 1-800-247-5930 or 515-295-2461 Company P.O. Box 370, 808 Highway 18 West,Algona, Iowa 50511-0370 INDIVIDUAL PHAP.NACIST PROFESSIONAL LIABILITY DECLARATIONS THIS IS NOT A BILL NAMED INSURED AND MAILING ADDRESS CUSTOMER NUMBER 0008612201 COURTNEY L LAiNBRECHT POLICY NUMBER PHL 0121488 01 PO BOX URN 298 Previous Policy Number PHL 0121488 MINTCO 81645 POLICY PERIOD 01/01/13 TO 01/01/14 12 01 A.M.Local Time at the described location TRANSACTION B RENEWAL DECLARATION THIS IS AN OCCURRENCE POLICY COVERAGE DEDUCTIBLE LIMITS OF LIABILITY Individual Pharmacist Professional Liability Coverage 1,000,000 per occurrence 3,000,000 aggregate Limited Pharmacist's License Defense Reimbursement 500 10,000 per occurrence 10,000 aggregate Certified CPR Coverage 50,000 per occurrence 50,000 aggregate POLICY PREMIUM TOTAL 144.00 FORMS AND ENDORSEMENTS PMPHI,196 (01/09) Ind Pharmacist Prof Liab Pol PM1000 (09/11) Mutual Company Provisions PM426-CO (01/09) Amendatory Endorsement-CO Retain this declarations page with your policy. Mutual Company Participating Nonassessable Policy WARNING: A person who knowingly submits an application or files a claim with intent to defraud or helps commit a fraud against be+11111 r a crime and may be suble tto awn 1 and tMI pEnall jk of, '