This agreement is made on XXX day of XXX month 20XX between Harland International trading as GenderGP (hereinafter referred to as the Commissioner) and Clear Chemist pharmacy (hereinafter referred to as ‘the Provider’).
Party 1 – The Commissioner
|Title of organisation:||Harland International t/as GenderGP|
|Address:||Kiu Yin Commercial Building, 361-363 Lockhart Road, Wanchai|
|Lead commissioning officer:||Katie Tiplady-Startin|
|Position:||Chief Operating Officer|
|Telephone:||07986 976 282|
Party 2 – The Provider
|Lead service provider officer:||[ADD]|
Signing of the agreement
This document (and any attached notes) compromise the agreement concluded between the Commissioner and the pharmacy named above).
For and on behalf of the Commissioner
For and on behalf of the Provider
Service Level Agreement – GenderGP Pharmacy Agreement
1. Aims and objectives of the service
The principal purpose of this service is to: provide timely, affordable healthcare to individuals who are trans or gender non-confirming.
The service objectives are: [ADD]
2. Period of agreement
This Agreement shall commence with effect from [ADD] and the contractual relationship will be of a permanent nature and will automatically roll over from year to year. The SLA shall continue subject to either party at any time giving not less than 1 month’s written notice to the other party to terminate this Agreement without penalty, or in the event of termination for serious breach (see termination on breach).
3. Service specification
A copy of the service specification is set out as Annex 1.
4. Standard of service
Both parties are committed to securing the provision of high quality, cost-effective care in a safe and congenial environment.
This service may only be provided by an accredited pharmacist/pharmacy staff, who has/have completed the training as defined by GPhC regulations. The accredited staff will normally be available 5 days a week.
The Provider will ensure that all members of pharmacy staff are trained in the operation of the scheme and full details will be made available to locum pharmacists to ensure continuity of provision of the service.
For the purpose of this Agreement, ‘staff’ includes persons employed or engaged by the Provider, to provide the services in this Agreement.
The Provider must ensure that all Staff:
- if applicable, are registered with and where required have completed their revalidations by the appropriate professional regulatory body;
- have the appropriate qualifications, experience, skills and competencies to perform the duties required of them and are appropriately supervised (including where appropriate through preceptorship, clinical supervision and rotation arrangements), managerially and professionally; are covered by the Provider’s (and/or by the relevant Sub-Contractor’s) Indemnity Arrangements for the provision of the Services;
- carry, and where appropriate display, valid and appropriate identification;
- are aware of and respect equality and human rights of colleagues, Service Users, Carers and the public
The Provider will furnish on demand, a list of the staff available to provide the service.
Any notice required to be given by either party to the other under this SLA shall be in writing and served by sending the notice by pre-paid post to the address of the party as set out in Part 1 of this SLA or such other address as each party may notify to the other, and shall be deemed to have been duly served on the third working day following the date of posting to the agreed address.
7. Confidential information and data protection
The Provider shall not, and the Provider shall procure that any Named Person shall not, whether during or after their appointment, disclose or allow to be disclosed to any person (except on a confidential basis to their professional advisers) any information of a confidential nature acquired by the Provider or any Named Person in the course of carrying out their duties under this Agreement, except as may be required by law or as directed by the Commissioner.
The Provider must protect personal data in accordance with the provisions and principles of Data Protection Act and the Confidentiality: NHS Code of Practice, and must ensure that all staff that have access to such data are informed of, and comply with this requirement.
The Provider shall at all times ensure that appropriate technical and organisational security measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
The Provider must be aware that any information held by the commissioner may be subject to disclosure under the Freedom of Information Act.
8. Authorised officer
The Commissioner hereby nominates Katie Tiplady-Startin as the authorised officer empowered to act on its behalf, and will inform the Provider immediately, in writing, of any change in the nomination of authorised officer.
Any notice, information or communication given or made by the authorised officer shall be deemed to have been given or made by the Commissioner.
9. SLA Manager
The Provider nominates [ADD] as the authorised manager empowered to act on its behalf, and will inform the Commissioner immediately, in writing, of any change in the nomination of SLA manager.
Any notice, information or communication given or made by the SLA manager shall be deemed to have been given or made by the Provider.
10. Conciliation and arbitration
In the event of any dispute, difference, or failure to agree on any matter in relation to this SLA, the Commissioner and Provider will in the first instance refer the dispute for conciliation.
Any matter that cannot be resolved by negotiation between the parties or by conciliation shall be resolved if possible by arbitration. The Arbiter shall be agreed between the parties.
11. Termination of SLA
Either party can terminate this agreement by giving three months’ notice in writing. Variation to the agreement can be made at any time as long as they occur in writing and are agreed by both parties.
Termination without notice may occur if there is serious breach of the terms of the SLA.
12. Force majeure
The terms and conditions of this SLA shall apply at all times within the period of operation of the SLA and in all circumstances and conditions unless prevented by force majeure.
Force majeure shall include a major accident or disaster, a major outbreak of infectious disease, outbreak of war, or similar circumstance.
The service provider will operate in accordance with all Acts of Parliament, statutory regulations or other such laws, recommendations, guidance or practices as may affect the provision of services specified under the Agreement.
Any litigation resulting from an accident or negligence on behalf of the Provider is the responsibility of the Provider who will meet the costs and any claims for compensation, at no cost to the Commissioner. The pharmacist must ensure that their professional indemnity insurance provider has confirmed that this activity will be included in their policy.
Description of the service
The service shall consist of: dispensing of medication as prescribed by medical practitioners, affiliated with but not employed by Harland International.
The service will be available to all persons resident in the United Kingdom.
Persons will be eligible to receive the service if they: are able to consent to treatment.
Persons referred to the pharmacy or self-presenting to the pharmacy for the service, shall be screened for eligibility to receive the service, as set out in the inclusion criteria above. The screening shall consist of:
Where persons referred to or self-referring for the service are ineligible, they will be signposted as follows:
The service will be conducted in full remotely.
The services will be provided only to those persons that consent to:
- the disclosure of information to their general practitioner, for the purpose of assuring patient care.
- disclosure to the Commissioner for the purpose of audit and performance monitoring.
Consent will be recorded for each person who is provided the service.
Claims for payment
Claims for payment shall be made by submitting a claim form in an approved format to the Commissioner, within one month of the provision of the service. The claim form must be accompanied by appropriate auditable records. Claims beyond this period may, at the sole discretion of the Commissioner, be allowed for good cause.
Claims submitted in accordance with the requirements of this agreement will be paid by direct transfer within 10 working days of submission.
The Provider is required to [distribute questionnaires to persons using the service, on the occasion of their last contact for provision of the services under this Agreement. Where a person using the service does not attend the premises for the purpose of the last consultation for this service, the Provider shall send to that person a copy of the questionnaire and a self-addressed envelope, inviting completion and return. The questionnaire feedback is to be collated and analysed on a half yearly basis, and a summary provided to the Commissioner.
Changes needed to the service as a result of analysis of the questionnaire shall be discussed with the Commissioner.
The Provider shall maintain records, in a form acceptable to the Commissioner, which allow measurement of the units of activity. A summary shall be sent to the Commissioner every three months.
The Provider agrees that the Commissioner may assess the quality of the service provided by:
If having carried out this assessment, the Commissioner believes that the Provider is failing to meet the quality requirements, the Commissioner and Provider will discuss remedial action or termination of the Agreement.
The Commissioner may terminate the Agreement immediately, if in its reasonable opinion, the quality of the service is such that there is a serious risk to the health of persons using the service.