HomeMy WebLinkAbout20201139.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR A COVID-19 PERSONAL
ISOLATION FACILITY (30 UNITS AT EVANGELICAL LUTHERAN GOOD
SAMARITAN - BONELL COMMUNITY CAMPUS) AND AUTHORIZE CHAIR TO
SIGN - CITY OF GREELEY
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 an Intergovernmental Agreement for a
COVID-19 Personal Isolation Facility (30 units at Evangelical Lutheran Good Samaritan — Bonell
Community Campus) between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Office of Emergency Management,
and the City of Greeley, commencing upon full execution of signatures, with further terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Intergovernmental Agreement for a COVID-19 Personal Isolation
Facility (30 units at Evangelical Lutheran Good Samaritan — Bonell Community Campus) between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Office of Emergency Management, and the City of Greeley, be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
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2020-1139
EM0019
BC0054
INTERGOVERNMENTAL AGREEMENT FOR A COVID-19 PERSONAL ISOLATION FACILITY
(30 UNITS AT EVANGELICAL LUTHERAN GOOD SAMARITAN - BONELL COMMUNITY
CAMPUS) — CITY OF GREELEY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of April, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datifd4).,aC L;tot
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
AP' • D AS
C
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Mike Freeman, Chair
Stev: ore
Pro-Tem
Sc.tt K. James
XCUSED
arbara Kirkmeyer
ounty orney jam. - . EXCUSED
Date of signature: `f'%)
Kevin D. Ross
2020-1139
EM0019
BC0054
DocuSign Envelope ID: 39E1C2A5-9FF0-47A5-AD28-4658F7CE7D1C
INTERGOVERNMENTAL AGREEMENT
BETWEEN CITY OF GREELEY AND
WELD COUNTY FOR A COVID-19
PERSONAL ISOLATION FACILITY
21st
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this day
of April, 2020, by and between the City of Greeley, Colorado, a home rule municipality of the
State of Colorado, whose address is 1000 10th Street, Greeley, Colorado 80631, hereinafter
referred to as "Greeley" and the County of Weld, State of Colorado, by and through the Board of
County Commissioners of the County of Weld, Colorado whose address is P.O. Box 758, 1150
"O" Street, Greeley, Colorado 80632, hereinafter referred to as "Weld County."
WITNESSETH: Greeley hospitals and the Weld County Department of Public Health and
Environment ("WCDPHEWCDPHE") anticipate a need for a variety of alternative care facilities to
support the aggressive, extensive, and urgent care required to treat the growing number of COVID-
19 ill persons in Weld County. Treatment of the virus requires that infected patients be isolated from
others for a period of time to prevent incidental spread. Once in recovery, COVID-19 ill patients can
self -care as long as they remain isolated; however, if they are unable to transition to an appropriate
discharge location they remain at the hospital occupying bed space needed for critically ill patients.
WCDPHE has requested assistance with locating a site where such recovering individuals, as a last
resort, can be temporarily housed in a Personal Isolation Facility ("PIF") during their recovery
period.
WHEREAS, Weld County has obtained a temporary lease of the unoccupied 30 -unit Heritage
2 Building located at 622 23`d Street, Greeley, CO 80631 upon the Evangelical Lutheran Good
Samaritan — Bonell Community campus (the "Bonell Facility") for use as a PIF; AND
WHEREAS, it is anticipated that persons most likely to need this space are COVID-19 ill
individuals: 1) experiencing homelessness, 2) who cannot return to congregate care settings such as
community corrections and group homes, or 3) those who cannot isolate in their homes due to the
presence of other vulnerable persons; AND
WHEREAS, in the best interest of the public health of the citizens of Weld County, the parties
to this Agreement desire to jointly establish, fund, and manage a COVID-19 PIF and in furtherance
thereof wish to delineate their respective obligations for operation of said PIF; AND
WHEREAS, both parties to this Agreement are authorized to enter into said Agreement by
C.R.S. §29-1-203 and the Colorado Constitution Article XIV, Sec. 18(2), for the purpose of
achieving greater efficiencies for the provision of services to the public.
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein,
the parties hereto agree as follows:
1. RECITALS: The Recitals are incorporated into the Agreement as if fully set forth herein.
2. PROJECT: The project shall consist of establishing, funding and operating a COVID-19 PIF
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DocuSign Envelope ID: 39E1C2A5-9FF0-47A5-AD28-4658F7CE7D1C
at the Bonell Facility. The parties' respective financial and operational obligations shall
consist of the following:
a. Weld County Responsibilities: Weld County shall provide services and/or funding
for the following activities:
i. Leasing the Bonell Facility through June 7, 2020;
ii. Ensuring that the Bonell Facility is habitable and in furtherance thereof completing
all necessary building repairs identified by City inspection of the facility;
iii. Completing an initial deep cleaning of the Bonell Facility;
iv. Providing facility maintenance services;
v. Providing daily trash removal.
vi. Provide personal protective equipment for residents and staff working at the
facility;
vii. Provide room furnishings (beds or cots, etc. for half of the rooms at the facility.
b. Greeley Responsibilities: Greeley shall provide services and/or funding for the
following activities in an amount not to exceed two hundred thousand dollars
($200,000.00):
i. Inspecting the Bonell Facility and identifying all repairs and maintenance necessary
for occupancy;
ii. Overseeing all aspects of the Bonell Facility operation, including operation
management, provision of site security services, routine cleaning, meal delivery, patient
transportation, and provision of necessary materials and other patient supplies.
3. PROCESS FOR ADMITTANCE: COVID-19 ill patients capable of self -care recovery will
be referred to the WCDPHE for possible placement in the Bonell Facility. Upon determining
eligibility, the WCDPHE Director shall screen and refer patients with an accompanying
patient isolation / quarantine order, in force until the patient is deemed safe to return to her
former housing status. WCDPHE shall complete intake referral paperwork for admission to
the Bonell Facility and may arrange for transportation to the Bonell Facility through Greeley
Evans Transport. Persons coming from community corrections or the Weld County Jail must
be non-violent offenders monitored remotely (via call -ins, ankle monitors, etc.), and will not
be directly supervised by law enforcement or corrections professionals at the Bonell Facility.
Determination of eligibility will be solely within the discretion of the WCDPHE Director.
4. PROCESS FOR DISCHARGE: The WCDPHE will periodically assess a patient's readiness
for discharge and shall make any final determination to terminate a patient isolation /
quarantine order. If homeless, the patient will be referred to the United Way Housing
Navigation Center for discharge and wrap around services. If a patient is an inmate at the
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DocuSign Envelope ID: 39E1 C2A5-9FF0-47A5-AD28-4658F7CE7D1 C
Weld County Jail, she will be returned to the custody of the Weld County Sheriffs
Department. If the patient is in other congregate care, she will be released accordingly.
Determinations of discharge and referral will be solely within the discretion of the WCDPHE
Director.
5. EFFECTIVE DATE AND TERM: This Agreement shall be effective upon the date first
written above, unless a later date is specified for a given provision. The term of this
Agreement shall be from the effective date until June 7, 2020 unless extended by agreement
of the parties hereto.
6. OPTION TO EXTEND: The parties may choose to extend the term of this Agreement by
mutual agreement duly executed in writing should they deem such an extension necessary
for the public health of Weld County's residents.
7. TERMINATION: This Agreement may be terminated by either party upon thirty calendar
days written notice provided to the other party.
8. CONTRACTING: The parties may enter into contracts related to all services to be
performed hereunder. No contract shall, under any circumstances, relieve either party of its
liability and obligations under this Agreement.
9. DISPUTE RESOLUTION: Any issues regarding service or any other disputes which are not
able to be resolved by the Contract Managers will be resolved between the County Director
of Finance and Administration and the City Manager. Any disputes that cannot be resolved
between those two officials will be resolved jointly by the Board of Weld County
Commissioners and the Greeley City Council, within 30 calendar days of the referral. Any
such failure not resolved by dispute resolution within 30 days of the referral shall be cause
for either party to terminate this Agreement.
10. ENTIRE AGREEMENT: This writing, together with the exhibits attached hereto, constitutes
the entire agreement between the parties hereto with respect to the subject matter herein, and
shall be binding upon said parties, their officers, employees, agents and assigns and shall
inure to the benefit of the respective survivors, heirs, personal representatives, successors
and assigns of said parties.
11. NO THIRD -PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and
agreed that the enforcement of the terms and conditions of this Agreement, and all rights of
action relating to such enforcement, shall be strictly reserved to the undersigned parties and
nothing in this Agreement shall give or allow any claim or right of action whatsoever by any
other person not included in the Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
12. SEVERABILITY: If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without such
provision to the extent that this Agreement is then capable of execution within the original
intent of the parties hereto.
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DocuSign Envelope ID: 39E1C2A5-9FF0-47A5-AD28-4658F7CE7D1C
13. MODIFICATION AND BREACH: No modification, amendment, notation, renewal, or
other alteration of or to this Agreement shall be deemed valid or of any force or effect
whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach
of any term, provision, or clause of this Agreement shall be deemed waived or excused,
unless such waiver or consent shall be in writing and signed by the party claimed to have
waived or consented. Any consent by any party hereto, or waiver of, a breach by any other
party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for
any other different or subsequent breach.
14. NOTICES AND CONTRACT REPRESENTATIVES: Greeley and County shall each
designate, in writing, Contract Representatives to serve as Contract Managers and
spokespersons for the respective entities. All notices required herein shall be mailed via
First Class Mail to the parties' representatives at the addresses set forth below:
GREELEY:
Roy Otto, City Manager
1000 10th Street
Greeley, CO 80631
With copy to:
Doug Marek, City Attorney
1100 10th Street, Suite 401
Greeley, CO 80632
WELD COUNTY:
Roy Rudisill, Director
Office of Emergency Management
1150 "O" Street
Greeley, CO 80631
15. NO WAIVER OF GOVERNMENTAL IMMUNITY: No term or condition of this
Agreement shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protections or other provisions, of the Colorado Governmental
Immunity Act, C.R.S. §24-10-101, et seq., as applicable now or hereafter amended.
16. NON -APPROPRIATION: No portion of this IGA shall be deemed to create an obligation
on the part of Greeley or Weld County to expend funds not otherwise appropriated in each
succeeding year.
17. APPLICABLE LAW: This IGA shall be interpreted, construed, and governed by the laws
of the State of Colorado.
18. AMENDMENTS: Amendments which are consistent with the purposes of this IGA may be
made in writing duly executed by the parties hereto and in accordance with Greeley and
County rules and regulations and all other applicable laws and ordinances.
19. COUNTERPART AND ELECTRONIC SIGNATURES: This Agreement may be executed
in two or more counterparts, each of which shall be deemed an original but all of which
together shall constitute one and the same document. This Agreement may be executed and
delivered by electronic signature by any of the parties and all parties consent to the use of
electronic signatures.
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DocuSign Envelope ID: 39E1C2A5-9FF0-47A5-AD28-4658F7CE7D1C
IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate on the date
written above.
CITY OF GREELEY, COLORADO:
--DocuSigned by:
By:
rbt1A-,t o
`-It6'dB°eity Manager
APPROVED AS TO AVAILABILITY OF FUNDS:
p —DocuSigned by:
ru UOLuitr
Rthire"Mittlti7Director of Finance
APPROVED AS TO LEGAL FORM:
p—DocuSigned by:
DouglaIreity Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By:
Mike Freeman, Chair
APR 17 2020
WELD COUNTY Clerk to the Board
By:
(Deputy) C
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CITY OF GREELEY, COLORADO
RESOLUTION 16, 2020
A RESOLUTION OF THE GREELEY CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH
WELD COUNTY CONCERNING THE ESTABLISHMENT, FUNDING, AND
MANAGEMENT OF A COVID-19 PERSONAL ISOLATION FACILITY
WHEREAS, in accordance with Section 29-1-203 of the Colorado Revised Statutes,
governments may cooperate or contract with one another to provide functions, services, or
facilities lawfully authorized to each of the cooperating or contracting units of government; and
WHEREAS, in accordance with Section 02.07.040 of the Greeley Municipal Code, the
City of Greeley ("Greeley") has the authority to enter into cooperative or joint activities with other
governmental bodies by intergovernmental agreement and to authorize the City Manager to sign
the agreements; and
WHEREAS, Governor Jared Polis declared a disaster emergency on March 10, 2020, and
issued Executive Order D 2020 0031 on March 11, 2020; and
WHEREAS, after finding that is was necessary to protect the health and safety of the
public, the City of Greeley declared a disaster emergency on March 16, 2020; and
WHEREAS, Weld County Public Health Department anticipates an urgent need for a variety
of alternative care facilities to support the aggressive, extensive, and urgent care that will be required
for the expected growing number of COVID-19 ill persons; and
WHEREAS, treatment of COVID-19 virus requires that infected patients are to be isolated
from others to prevent the incidental spread of the disease; and
WHEREAS, Weld County Public Health asked for help in locating, establishing, funding, and
managing a site where such individuals, as a last resort, could be temporarily housed in a "Personal
Isolation Facility" during their recovery period; and
WHEREAS, persons most likely to need this space are individuals who are experiencing
homelessness, cannot return to congregate care settings such as community corrections, group homes,
etc., or cannot isolate in their homes due to the presence of other vulnerable persons; and
WHEREAS, funding in an amount not to exceed two hundred thousand dollars
($200,000.00) from the City may be required in order to establish and manage a Personal Isolation
Facility at a site on the Bonell Good Samaritan Center campus in Greeley that is leased by Weld
County; and
WHEREAS, it is in the best interests of the citizens of Greeley for City Council to authorize
the City Manager to enter into an Intergovernmental Agreement with Weld County concerning the
establishment, funding, and management of a COVID-19 Personal Isolation Facility.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GREELEY, COLORADO:
ection 1. The City Council hereby approves the Intergovernmental Agreement and
authorizes the City Manager to execute the same.
Section 2. The City Council hereby delegates authority to the City Manager and City
Attorney to finalize the Intergovernmental Agreement with Weld County before execution in a
form consistent with the statement of intent and subject to the funding limitations set out
above, and upon execution authorizes City staff to perform all terms and conditions contemplated
by the agreement.
Section 3. This Resolution shall be effective immediately upon its passage.
PASSED AND ADOPTED, SIGNED AND APPROVED THIS 14TH DAY OF
APRIL, 2020.
ATTEST:
Interim City Clerk
ist
AS);
0UNTYs
THE CITY OF GREELEY, COLORADO
Mayor
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