2012-168 Health - Robert E Dupuis for Pharmacy Services $12,397

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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 Three Hundred Ninety-Seven dollars, ($12,397). Payment shall be made in twelve (12) equal installments of One Thousand Thirty-Three Dollars and eight cents ($1,033.08) 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. 3' A. General Requirements. The Provider shall purchase and maintain during the 9 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 persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. Revised June 2012 2