HomeMy WebLinkAboutJail - Chambers ApothecaryAgreement Between
The County of Franklin
And
Chambers RX, LLC, t/d/b/a
Chambers’ Apothecary
275 Lincoln Way East
Chambersburg PA 17201
THIS AGREEMENT is made by and between the County of Franklin, (hereinafter referred to
as “County”), a fourth class county organized and existing under the laws of the Commonwealth of
Pennsylvania, having its principal office at the Office of the County Commissioners, 272 N. Second
Street, Chambersburg, PA 17201, and Chambers RX, LLC, t/d/b/a Chambers’ Apothecary
(hereinafter referred to as “Contractor”), having its principal office at 370 Philadelphia Avenue,
Chambersburg PA 17201.
WHEREAS, County desires to collaborate with Contractor to provide the Franklin County
Case Assisted Re-Entry program (hereinafter referred to as “CARE”) participants with medication
(hereinafter referred to as “Services”); and
WHEREAS , Contractor has presented an acceptable proposal to County for such services
and is desirous of providing Services to County in accordance with the terms and conditions of the
proposal and the herein Agreement; and
WHEREAS, the Board of Commissioners by majority vote at a regularly scheduled meeting
approved Contractor to provide Services.
NOW THEREFORE, in consideration of the mutual promises made herein, the parties,
intending to be legally bound, hereby agrees as follows:
1. Recitals: The above recitals are incorporated by reference and made part of this Agreement
as though set forth fully herein.
2. Term: The term of this Agreement shall commence on January 1, 2027 and end on December
31, 2027 (hereinafter referred to as “Contract Period”).
Description/ Scope of Services: Contractor will provide CARE program participants with
medications at the designated rates as outlined in the formulary labeled “Exhibit A”, attached and
made part hereof as though set forth fully herein (hereinafter referred to as “Services”). Any
medication not listed on the formulary will be charged at a rate of twenty percent (20%) over
pharmacy cost up to fifty dollars ($50.00) per medication per refill. CARE staff must give written
approval for any medication not listed on the formulary. The CARE staff for the County will be
recognized by Contractor as the standard point of intake for all funded consumers and through
which all consumer recommendation for service, liability determinations, and service
authorizations will be processed.
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3. Termination: This Agreement may be terminated by the County, with thirty (30) days’
notice during the contract period. In addition, the Contractor may terminate this Agreement
in writing with sixty (60) days’ notice.
4. Compensation: Contractor will submit services rendered and invoice the County within
fifteen (15) days of the end of each month. Services and rates are as shown in Exhibit A
and will be reimbursed accordingly, with a total maximum contract encumbrance of four
thousand dollars and zero cents ($4,000.00). No payment or reimbursement shall be due
from the County beyond the maximum contract encumbrance. This includes reimbursement
for any out of pocket expenses due from the patient when the patient has no other funding
resources available utilizing Pennsylvania Department of Human Services medical
assistance for consumers eligible to receive such benefits. Any change in the total contract
amount must be agreed to by written amendment signed by all parties. Any amendment
must be approved and signed by the Board of Commissioners at a regularly scheduled
meeting.
If County objects to any portion of an invoice, County shall so notify Contractor in writing
within twenty (20) days of receipt of the disputed invoice. County shall identify the specific
cause of the objection and shall pay when due that portion of the invoice that is not in
dispute. Interest shall be paid by County at the rate of one percent (1%) per annum on all
disputed invoices resolved in Contractor’s favor and unpaid for more than forty-five (45)
days after the date on the notice of the dispute.
Invoices should be directed to Heather Franzoni at hafranzoni@franklincountypa.gov
The following items shall be included on Invoices:
1. Payee
2. Invoice date
3. Invoice number
4. Description of service provided
5. Unit Price of each product/service
6. Total amount for each product/service
7. Total amount of Invoice
5. Relationship of Parties: Contractor is an independent contractor and nothing in this
agreement shall be interpreted as creating an employer employee relationship.
6. Conflict of Interest: Contractor shall not engage in any activities that could cause conflict of
interest or the appearance thereof.
7. Authority to Contract: Contractor covenants, represents and warrants that Contractor's
form of organization validly exists in good standing under the laws of the Commonwealth of
Pennsylvania.
8. Licenses and Certifications: Contractor will maintain all appropriate licenses and
certifications, which may be necessary to perform its duties under this Agreement.
Contractor agrees to provide a copy of any such licenses and certifications upon request.
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9. Insurance: Prior to and during the performance of any services covered by this Agreement,
Contractor will maintain necessary insurance to include the following: Commercial General
Liability Insurance-one million dollars and zero cents ($1,000,000.00)/occurrence, one
million dollars and zero cents ($1,000,000.00)/aggregate and Workers' Compensation
Insurance, Pennsylvania Statutory Coverage & Employers Liability at minimum limits, and
Professional Liability Insurance-one million dollars and zero cents
($1,000,000.00)/occurrence, one million dollars and zero cents ($1,000,000.00)/aggregate.
Evidence of insurance coverage shall be provided in the form of a Certificate of Insurance
naming Franklin County as the Certificate Holder and providing thirty (30) days’ notice of
cancellation or non-renewal.
10. Indemnification: Contractor and its subcontractors shall release, hold harmless, and
indemnify County, its officers, elected officials, agents, representatives, and employees
acting within the scope of their official duties from and against any and all damages, costs,
and expenses (including reasonable attorneys’ fees) to the extent caused by the negligent
acts, errors, and/or omissions of Contractor, its employees, consultants, agents, servants,
and/or anyone acting under Contractor’s control and/or Contractor’s direction, in the
performance of the requirements of this Agreement. Contractor shall defend any lawsuit
commenced against County and shall pay any judgments and costs connected with such
proceeding which are based upon the negligent acts, errors and/or omissions of Contractor,
its employees, consultants, agents, servants, and/or anyone acting under Contractor’s
control or direction.
11. Confidentiality: Contractor shall keep confidential any information produced or obtained by
it in the course of its performance under this agreement that would identify any consumer
receiving services, except as allowable pursuant to a signed authorization by the consumer
or pursuant to the terms of a fully executed business associate agreement or as permitted or
required by applicable law or court order. As covered entities under the Health Insurance
Portability and Accountability Act (HIPAA), the parties acknowledge their responsibility by
law to apply reasonable standards to protect personal health information through privacy
and security. The parties also understand the HIPAA regulations as they relate to sharing
protected information. Parties agree more stringent federal, state, or local standards apply
where applicable. Nothing contained herein shall limit, modify, abrogate, or restrict
Contractor’s duties of confidentiality under applicable federal, state and/or local law.
12. Severability: All agreements, provisions and covenants contained in this agreement are
severable, and in the event any of them are held to be invalid by and competent court, this
Agreement will be interpreted as if the invalid agreements, provisions or covenants were
not contained in this agreement.
13. Suspension or Debarment: Contractor represents warrants and certifies that neither
contractor nor any of its principals are currently under suspension or debarment, or
proposed for suspension or debarment, by any state or by the Federal Government. If
Contractor is subsequently suspended, debarred, proposed for suspension or debarment, or
enters into a subcontract under this Agreement with any subcontractor who are currently,
or who subsequently become, suspended, debarred or proposed for suspension or
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debarment, Contractor shall provide prompt written notice thereof to County, and County
shall have the right to either (i) require Contractor to terminate such subcontracts, or (ii)
terminate this Agreement.
14. Contractor/Subrecipient Determination: According to OMB Uniform Guidance, this
agreement is a “Contract” and Contractor is a “Contractor.” Contractor acknowledges that
payments for services under this agreement are federal grant funds and Contractor shall be
bound by the PCCD Standard Subgrant Conditions provided by County simultaneously with
the execution of this Agreement. By signing below, Contractor agrees that they have
received the herein referenced Subgrant Conditions. If Contractor is contributing toward
the general contract cost, Contractor certifies that the Federal funds to be used under this
agreement do not replace or supplant in any way state, local, or private funds used for
already existing services.
15. Applicable Law/Venue: This Agreement shall be construed and interpreted in accordance
with the laws of the Commonwealth of Pennsylvania, and in the event of dispute the venue
of any action brought hereunder shall be in the Court of Common Pleas for the Thirty-Ninth
Judicial District of Pennsylvania-Franklin County Branch.
16. Assignment: This Agreement, including without limitation any rights under or interest in
this Agreement shall not be assigned by either party without the express written consent of
the other party hereto. The provisions of this Section shall survive the completion or
termination of this Agreement for any reason and shall remain enforceable between the
parties.
17. Audit of Contractor Records: At any time during the term of this Agreement, within fifteen
(15) days of a written request from County, Contractor agrees to make available to the
County for audit and inspection such accounting and records maintained by consultant in
relation to the performance of Services under this Agreement. Receipts, proof of payment
and backup documentation shall be kept by Contractor for audit reasons for at least 7 years
after the close of the grant.
18. Entire Agreement: This Agreement contains the entire Agreement between the parties and
no other agreement, oral or otherwise, regarding the subject matter of this Agreement, shall
be deemed to exist or bind any of the parties. This Agreement cannot be modified, except by
a written document signed by the parties hereto.
See signatures on next page.
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IN WITNESS WHEREOF, the parties here to have caused this Agreement to be executed by their
authorized officers.
APPROVED BY COUNTY OF FRANKLIN on __________________________________________, 2026.
ATTEST: CHAMBERS RX, LLC, t/d/b/a
CHAMBERS’ APOTHECARY
___________________________________________ ____________________________________________(SEAL)
Witness: Ashleigh Crum- Reg. Pharm Tech BY: Sean Eberly
TITLE: Pharmacy Manager
ATTEST: COUNTY OF FRANKLIN
___________________________________________ ____________________________________________(SEAL)
Carrie Gray Dean Horst
Chief Clerk/ County Administrator Chairman, Board of Commissioners
____________________________________________
John T. Flannery, Commissioner
____________________________________________
Robert G. Ziobrowski, Commissioner
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EXHIBIT A:
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