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HomeMy WebLinkAboutPR 19110: AGREEMENT WITH CITY OR PORT ARTHUR AND KIRK MATTHEW VITAL, R. PH, PHARMACIST-IN-CHARGE City of Alei ort rthu�— Tc i trs DATE: August 10, 2015 To: Brian McDougal, City Manager From: Judith A. Smith, RN, BSN, Director of Health Services RE: Agreement for Professional Services between the City of Port Arthur and Kirk Matthew Vital, R.PH Nature of the Request: 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. Staff Analysis, Considerations: None Recommendations: It is recommended that the City Council approve Proposed Resolution No. 19110, 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, account number 001-1301-541.54-00 from the Health Department's general fund professional service account. Budget Considerations: A total of $6,000 has been requested in the FY 2015-2016 budget to compensate Mr. Vital, account number 001-1301-541.54.00 from the Health Department's general fund professional services account "REMEMBER WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR" P.O.BOX 1089•PORT ARTHUR, TX 77641-1089.409/983-8101•FAX 409/982-6743 P.R.No. 19110 8/10/15 js 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, ACCOUNT NO. 001-1301-541.54-00. WHEREAS, the services of a licensed Pharmacist are required for the City of Port Arthur Health Department's Class D Pharmacy; and, WHEREAS, Kirk Matthew Vital, R. PH, is by training and experience, qualified to render such services, and has been the City's Pharmacist-in-Charge since 1999; and, WHEREAS, such services are non-competitive in their nature; and, WHEREAS, the city will compensate Mr. Vital at $500 per month for professional consultation services to include monthly staff in-services and onsite visits to ensure that the pharmacy is following set policies and procedures; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PORT ARTHUR: Section 1. That the facts and preamble are true and correct. Section 2. 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." Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. P.R. 19110 Page 2 READ, ADOPTED AND APPROVED THIS day of A.D., 2015, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: APPROVED FOR AVAILABILITY OF FUNDS Val Tizens City '- .•rney Jerry W. 11 a e, nterim Finance irector APPROVED FOR ADMINISTRATION: udodt> . 4iryuklu 12j1 6Sit/ Brian McDougal Judijh A. Smith, RN, BSN City Manager Director of Health Services 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 October 1, 2015, and shall remain in force through September 30, 2016. 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. III. 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 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 judgments arising from the professional services performed under this contract by Contractor, his or her agents or employees or 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 , 2015. CONTRACTOR Kirk M. Vital, R. PH. SIGNED AND AGREED TO on the day of , 2015. CITY OF PORT ARTHUR Brian McDougal, City Manager