HomeMy WebLinkAbout20053597.tiff RESOLUTION
RE: APPROVE STANDARD FORM OF MEMORANDUM OF UNDERSTANDING
CONCERNING USE OF BUILDING AND AUTHORIZE CHAIR TO SIGN
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with a Standard Form of Memorandum of
Understanding Concerning Use of Building between the County of Weld,State of Colorado,by and
through the Board of County Commissioners of Weld County, on behalf of the Weld County
Department of Public Health and Environment, and various property owners, with terms and
conditions being as stated in said form, and
WHEREAS, after review, the Board deems it advisable to approve the form of said
memorandum of understanding, a copy of which is attached hereto and incorporated herein by
reference.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the Standard Form of Memorandum of Understanding Concerning Use of
Building between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Department of Public Health and
Environment, and various property owners be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign any Memorandums of Understanding consistent with said form.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 12th day of December, A.D., 2005.
� BOARD OF COUNTY COMMISSIONERS
VI L ELD COUNTY, COLORADO
ATTEST: lxe1 f f �I fr%.
- Priam H. J e, Chair
Weld County Clerk to the B • .. �.
j�
.rile, of
D:�iuty Clerk to the Bo- _ c
Davi E. Lo g t\ocil
AP DAS •
D
Robe D. Masden
ounty Attorney
+ Glenn Vans
Date of signature: I3/7(‘ (o
2005-3597
HL0032
CO ; �
Memorandum
' TO: William H. Jerke, Chair
OBoard of County Commissioners
• From: Mark E. Wallace, MD,MPH,Director
COLORADO Department of Public Health &
Environment �/
941.
DATE: December 2,2005 /�
SUBJECT: Memorandum of Understanding for
facility use
The Weld County Department of Public Health and Environment (WCDPHE) is requesting
approval of the attached Memorandum of Understanding (MOU) form for the use of facilities
that will serve as Point of Dispensing (POD) sites. These sites will be activated in a public health
emergency where there is an immediate need to dispense vaccinations, prophylaxis, or other
medical supplies to the general public, in order to prevent disease and save lives. Approval of the
MOU form will avoid bringing each individual facility MOU before the Board for approval.
The WCDPHE is charged with the development of emergency plans for response to any public
health emergency. An effective response is contingent upon the collaborative efforts of the
WCDPHE and other agencies throughout the county. Verbal arrangements have previously been
made with the nine designated POD sites that are strategically located in the county. It is
imperative that written memorandums of understandings (MOUs) be signed by all interested
parties, so that the terms of usage for the site are understood, and any liability issues are
addressed. These MOUs will be renewed on an annual basis.
2005-3597
APPENDIX C: MEMORANDUM OF UNDERSTANDING CONCERNING USE OF
BUILDING
The Board of County Commissioners for Weld County, State of Colorado, on behalf of the Weld County
Department of Public Health and Environment (hereinafter referred to as "WCDPHE") and
, owner of a building (hereinafter referred to as"Owner") located
at , (hereinafter referred to as
"Building")hereby enter into this Memorandum of Understanding (hereinafter referred to as "MOU"),
and agree as follows:
1. In the event of a bio-terrorist incident or other public health emergency which requires the
immediate distribution of vaccination or prophylaxis to the public (hereafter referred to as "Event"),
Building has been identified as a site for the above described mass distribution to the public.
2. If the Governor for the State of Colorado or the Chair of the Board of County Commissioners
declares a disaster pursuant to section 24-32-2101 C.R.S. et.al., and the Building has not yet been
commandeered, Owner agrees that upon being contacted by the Director of the WCDPHE or a
designee of the Director, and being informed by the WCDPHE that the use of Building is necessary
for the protection of the public, Owner will forthwith make the Building and utilities available to
WCDPHE. In such Event, Owner hereby grants to WCDPHE a license to occupy and use that
portion of the Building specifically described on a sketch map which is attached and made a part
hereof, subject to all of the terms and conditions stated below.
3. WCDPHE shall at all times during its use of the Building ensure the provision of sufficient
supervision and maintain adequate control of employees, volunteers, and the public.
4. To the extent permitted by law, WCDPHE agrees to indemnify Owner from any liability for the
injury or death of any person arising from services provided in the Building by WCDPHE.
WCDPHE, however, specifically does not accept liability for any injury sustained by any person
arising from the ordinary use of the Building. Notwithstanding any statement to the contrary in this
MOU, Weld County, and WCDPHE, specifically do not waive any immunities to which they may be
entitled under Law.
5. Except in the event of contamination of the Building as a result of the Event, WCDPHE agrees at the
termination of the license provided to use the Building under this Agreement, that WCDPHE will
remove all WCDPHE equipment or other personal property, repair any damage caused by such
removal or by WCDPHE use, and peaceably yield up the premises clean and in good order, repair
and condition, with ordinary wear and tear excepted.
6. If the Building is commandeered or otherwise used in coping with an emergency epidemic that is
declared by the Governor or a member of the disaster emergency forces of this state, Owner will be
compensated for the use of the Building in accordance with Section 24-32-2111.3 C.R.S.
7. This MOU shall become effective upon signing, and shall remain in effect for one year, with an
automatic renewal from year to year unless sooner terminated as provided herein. This MOU may
be terminated at any time by either party giving the other party 30 days written notice of intent to
terminate
8. The parties to this MOU intend that the relationship between them contemplated by this MOU is that
of independent entities working in mutual cooperation. No employee, agent, or servant of one party
shall be or shall be deemed to be an employee, agent,or servant of another party to this MOU.
9. Nothing in this MOU shall be construed to require WCDPHE to provide funding not previously
budgeted.
10. It is expressly understood and agreed that enforcement of the terms and conditions of this MOU and
all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties
and nothing contained in this MOU shall give or allow any claim or right of action whatsoever by
any other person not included in this Agreement. It is the express intention of the undersigned
parties that any entity, other than the undersigned parties, receiving services or benefits under this
MOU shall be deemed an incidental beneficiary only.
OWNER OF BUILDING: WELD COUNTY DEPARTMENT OF
PUBLIC HEALTH AND�y F VIRONMENT
& c Nc (i ct
Mark Wallace, M.D., MPH
Print Name
Date
BOARD OF COUNTY COMMISSIONERS ATTEST:
FOR THE COUNTY OF WELD, By:
STATE OF COLORADO Deputy Clerk to the Board
By: Chair
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