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Home My WebLink AboutPR 13075: KIRK VITAL, R. PH MEMORANDUM CITY OF PORT ARTHUR TO: Stephen Fitzgibbons, City Manager DATE: March 21,2005 FROM: Ernestine Wade, RN, Director SUBJECT: Proposed Resolution No. 13075 Approval of Agreement for Independent Professional Services between the City of Port Arthur and Kirk Vital, R. PH COMMENTS FOR . * REQUESTED BY: Ernestine Wade, RN, Director ADMINISTRATION * PURPOSE EXPRESSED BY REQUESTOR: · Approval of an Agreement for Professional Services USE * between the City of Port Arthur and Kirk Vital, R. PH · to provide professional services as the Pharmacist-in- ONLY * Charge · LOCATION: N/A RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 13075, an Agreement for Professional Services between the City of Port Arthur and Kirk Matthew Vital, R. PH to provide professional services as the Pharmacist-in-Charge. BACKGROUND: Mr. Vital has served as the City's Pharmacist-in-Charge since 1999. He has agreed to remain in this position in accordance with the Texas Pharmacy Laws. As Pharmacist-in-Charge, he is responsible for making monthly onsite visits to ensure that the pharmacy is following set policies and procedures and conduct monthly staff in-services. STAFFING/EMPLOYEE EFFECT: None. BUDGETARY EFFECT: A total of $6,000 has been budgeted to compensate Mr. Vital. SUMMARY: It is recommended that City Council approve P.R. No. 13075, Agreement for Independent Professional Services with Kirk Vital, R. PH, as such agreement will allow him to function as the City's Pharmacist-in-Charge. P.R. No. 13075 3/21/05-yda RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR INDEPENDENT PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT ARTHUR AND KIRK MATTHEW VITAL, R. PH, TO ACT AS THE CITY'S PHARMACIST-IN-CHARGE FOR THE HEALTH DEPARTMENT WHEREAS, the services of a licensed Pharmacist are required for the City of Port Arthur Health Department; and, WHEREAS, Kirk Matthew Vital, R. PH, is by training and experience, qualified to render such services; and, WHEREAS, such services are non-competitive in their nature; and, WHEREAS, the city will compensate Mr. Vital at $500 per month; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PORT ARTHUR: THAT the City Manager and Director of Health are hereby authorized to execute said Agreement, a copy of which is attached hereto as Exhibit, "A"; and, THAT said Agreement is an exact duplicate of a City Standard Form Contract except for the changes described in the Certificate of Standard Form Contract, a copy of which is attached hereto as Exhibit "B" and is hereby incorporated by reference, and said changes are hereby approved; THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. P.R. No. 13075 3/21/05 READ, ADOPTED AND APPROVED THIS day of A.D., 2005 , at a Meeting of the City Council of the City of Port Arthur, Texas, bythe following vote: Mayor: ; Councilmembers: NOES: Mayor ATTEST Evangeline Green, City Secretary APPROVED AS TO FORM: APPROVED FOR AVAILABILITY OF FUNDS Mark Sokolow, City Attorney Rebecca Underhill, CPA, Finance Director APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons, City Manager Ernestine Wade, RN, Health Director EXHIBIT "A" AGREEMENT FOR INDEPENDENT PROFESSIONAL SERVICES This Agreement is made between the City of Port Arthur, Texas hereinafter referred to as "City" and Kirk Matthew Vital, R. PH, a person licensed to perform the duties of a Pharmacist-in-Charge, herein referred to as "Contractor." I. TERM OF AGREEMENT This renewal Agreement shall be for a period beginning April 1, 2005, and shall remain in force through March 31, 2006. Thereafter, this Agreement shall be renewed annually at the discretion of the parties. II. PROFESSIONAL SERVICES The Contractor shall perform the duties of a licensed Pharmacist-in-Charge for the City of Port Arthur Health Department. The normal duties of this position are specified in the Texas Pharmacy Act. In addition, the Contractor shall: 1) Personally make an onsite visit at least once a month to ensure that the pharmacy is following set policies and procedures. 2) Be responsible for conducting monthly in-services with Health Department staff. 3) Provide consultant services in policy, planning and procedure to the Director of the Health Department with regards to the Class D Pharmacy. II1. COMPENSATION The Contractor shall be paid Five Hundred Dollars ($500.00) per month for professional services performed as the Pharmacist-in-Charge. The hours of work shall be mutually agreed upon by the Director of Health of the City of Port Arthur. IV. LICENSURE The Contractor shall provide proof of licensure to practice pharmacy in the State of Texas prior to taking on the duties and responsibilities of a Pharmacist-in-Charge for the City of Port Arthur Health Department. V. TERMINATION This Agreement may can be terminated with sixty (60) days prior written notice by either party. It is also understood and agreed that if the Contractor is incapable of performing the services described herein, all rights to compensation by this Agreement are to be invalid. VI. NONDISCRIMINATION The Contractor hereby agrees that no person shall, on the grounds of race, creed, color, handicaps, national origin, sex, age, inability to pay, political affiliation, or beliefs, be excluded from, be denied the benefits of, or be otherwise subjected to discrimination with regards to any services or activity funded under this contract; and hereby gives assurance that the Contractor will immediately take any measures necessary to effectuate this Agreement. VII. INDEMNITY It is understood and agreed that the Contractor is an independent Contractor hereunder. Contractor hereby agrees and undertakes to exonerate, and indemnify and hold harmless the City, its officers, agents and all employees from and against any and all liability, loss, damages, expenses, claims or judgements arising from the professional services performed under this contract by Contractor, his or her agents or employees or 2 as a result of Contractor's failure to use and employ reasonable skill and care befitting the profession. Provided, however, this indemnity provision shall not be construed to include negligent acts of City or State employees as to which there would not otherwise be any tort or malpractice liability on the part of the Contractor under the laws of Texas. SIGNED AND AGREED TO on the day of _, 2005. CONTRACTOR Kirk M. Vital, R. PH. SIGNED AND AGREED TO on the day of ,2005. CITY OF PORT ARTHUR Stephen Fitzgibbons, City Manager 3 EXHIBIT B (City of Port Arthur) (I-w Department) (Required Form) (10/5/89) (3It 5/go) (~-5-~4) (p.2 Revised 9/18/90) CERTIFICATE OF STANDARD FORM CONTRACT FOR LAW DEPARTMENT REVIEW AND CITY COUNCIL AGENDA I ~c~r,~l.~ ~hat the contract (hereinafter called 'said contract'} afl, xed to Ihe attached proposed City Council Resolution No. J.,3UI3 is an exact duplicate ot an applicable standard form contract (the title of which is shown below) previously approved by the Law department and adopted as a standard form by Ciiy Council Resolution, except for the blanks that have been filled in with all necessary inlorma[ion and except for the changes described below. The title ot the applicable standard lorm contract is: [ ] Federafiy Funded Construction Contract, Revised t/5/88, 7/89, 8/89; 4/28/94 [ ] Non-Federally Funded Consbuc[ion Contract, Revisod 1/5/88, 7/89, 8/89; 4/28/94 [ ] Federal - Professional Services - Engineering Contract, Revised 1/5/88, 5/89 ({}10) 7/59/(5~8); 10/09; 2/9t (~) [ J Non-Federal - Prolessional Services - Engineering Contract, Revised 1/5/88, 5/89(§10), 7/89(~8), 10/89; 2/91(~8) [ ] CDBG - Professional Services - Engineering Contract, Revised 1/5/88, 5/89 (§10), 7/89(~8), 10/89; 2/91 (~8) { ] FedereJ - Professional Services - Non-Engineering (Consultant) Contract, Revised 1/5/88, 5/89 (§10), 7/89 (~8); 10/89; 2/91 (~8) [ ] Non-Federa~ - Prolesslonal Services - Non-Engineering (Consultant) Contract, Revised 1/5/88, 5/89 (§10), 7/89 (~8); 10/89; 2/91 (§8) [ ] CDBG - Prolessional services - Non-Engineering (Consultant) Contract, Revised 1/5/88, 5/89 (§10), 7/89 (~8); 10/89; 2/91 (~0) [~ Olher Standard Form Contract, described as follows: NONE, The changes me as Iollows: (Put an "X' in the appropriate [ ]) [j None. [ J The followir~g described provisions at the indicated page, section, etc. ol Ihe standard form have been deleted from said contract: DELETIONS Page Number Section or Paragraph No. Subsection or Where and Caption Subparagraph No. Deleled Provision Which and Caption Is Contains Provision Which Contains Provision Description of Found On Standard Form Deleted From Form Deleted From Form Provision Deleted Page 1 of 2 (Ce~ificate ot Standard Form Contract, page 2) [ ] The following described provisions et the indicaled p=ge, seclion, e~c. o~ the standard form h=ve been ~r~ered, modified, replaced or o~he~ise ch~ged: ALTERATIONS, MODIFICATIONS, REP~CEMENTS, ETC. P~ge { & caption sub { & caption, etc. Sub { or Sub ~ No. of said contract P~ge No. ~ or ~ No. & Cap,ion & Caption Description which contains Where of of o~ ~lte~ed, etc. Provision Found Slandard'Form Standard Form Provision provision; & on ~ich ~ich In Description of Slendard Form Contains Provision Contains P~ovision Standard Form AIleration etc. [ ] The following provisions have been added to Said Contract: Page, Section and Caption Subsection and Caption, etc. ol Said Contract Which Contains the Added Provision and Description Thereof I further certify that said attached proposed City Council Resolution contains the following provision: "That said contract is an exact duplicate of a City Slanda~d Form Contract except for Ihe changes described in tile Carrie[cole el Standard Form Contract, a copy of which is attached hereto as Exhibit 'B" an~ is hereby incorporated by reference, and said changes are hereby approved.' I understand that this certilicate wili be relied on t~y the Law Department in reviewing and approving (er rejecting} es to form and by the City Council in reviewing and adopting (or rejecting} said Resolution and Conlract. Assistant City Manger Page 2 of 2