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Home My WebLink About20193753.tiffX861 d*. GC Memorandum TO: Barbara Kirkmeyer, Chair Board of County Commissioners FROM: Mark E. Wallace, MD, MPH Executive Director Department of Public Health & Environment DATE: August 13, 2019 SUBJECT: Memorandum of Understanding (MOU) with University of Northern Colorado for a Closed Point -of -Dispensing (POD) Agreement For the Board's approval is a Closed Point of Distribution Memorandum of Understanding (Closed POD MOU) between the Board of Trustees for the University of Northern Colorado and the Weld County Board of County Commissioners on behalf of the Weld County Department of Public Health and Environment. Closed PODs are a dispensing option allowing organizations/businesses to receive medications from the Weld County Department of Public Health & Environment (WCDPHE) and then dispense those medications to their employees, families and clients as appropriate. This alternate dispensing option allows the County to have a mix of open and closed POD's, providing for a maximum number of people to receive prophylaxis medications with a minimum disruption to local business and daily Iives. This MOU will allow the University of Northern Colorado to operate as a Closed Point of Dispensing (POD) during an emergency. For example, an anthrax attack in Weld County (act of bioterrorism) could necessitate the mass prophylaxis of up to 300,000+ residents within 48 hours. Mass prophylaxis of residents would be accomplished through requesting medications from the Strategic National Stockpile (SNS). UNC's legal counsel requested minor changes to the original Board -approved, standardized POD Memorandum of Understanding created for this purpose. Those changes included customizing the language to represent UNC (substituting "students" with "clients" and adding the terms "faculty and staff," to further represent their employees), removing the indemnification provision, which is prohibited by UNC's fiscal rules, and adding language establishing an agreement to maintain high levels of confidentiality regarding sensitive, personal patient and student information. Assistant County Attorney, Karin McDougal, has reviewed this MOU and determined that the terms are acceptable. Furthermore, this amendment was approved for placement on the Board's agenda via pass -around dated August 12, 2019. I recommend approval of this Closed POD MOU with the University of Northern Colorado. cc . On bav,e, 1 -IL og ! 1'1 19 2019-3753 o MEMORANDUM OF UNDERSTANDING WHEREAS, the following Memorandum of Understanding (MOU) outlines the understanding between the Board of Trustees for the University of Northern Colorado, on behalf of its Student Health Center, ("Organization"), and the Weld County Board of County Commissioners ("Weld County"), acting on behalf of the Weld County Department of Public Health and Environment ("Health Department"). WHEREAS, the Board of County Commissioners of the County of Weld, State of 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 Organization is a local entity that employs or serves a large number of residents in Weld County, and WHEREAS, Weld County and the Organization desire to collaborate in times of emergency and disaster in order to appropriately distribute certain oral prophylactic medication, received by Weld County from the Strategic National Stockpile (SNS), to the residents of Weld County, and WHEREAS, Organization has the ability to distribute such medication to its faculty and staff, employees, their family members, and students constituting a large number of Weld County residents. NOW THEREFORE, the undersigned organizations in good faith are resolved to execute this Memorandum of Understanding and enter into an Agreement as follows: TERM AND TERMINATION The term of this Agreement shall commence on the date of execution of this Agreement, and shall be perpetual, unless terminated by written notification from one party to the other. WELD COUNTY AGREES In the event that an appropriate local, state, or federal governmental entity declares an emergency or disaster which results in Weld County receiving a distribution of SNS medication, Weld County agrees (1) to notify Organization of the availability of SNS medication, in the event of a declared emergency or disaster at which such medication is made available to Weld County; (2) to set aside a separate cache of such medication for the Organization to pick up; (3) to provide as much information regarding the applicable emergency response as possible, through representation on the incident management team, and / or any other established emergency management system (including a local Incident Command System (ICS) and any National Incident Management System (NIMS)); (4) to collaborate with Organization to establish a pharmaceutical dispensing system commensurate with the requirements of the Centers for Disease Control and Prevention (CDC) of a Point of Dispensing (POD); (5) to plan for dispensing of medication to Organization's faculty and staff, their family members, and students in accordance with agreed -upon procedures; (6) to document and report as may be required; and (7) to provide directions to Organization for returning excess medication. EMPLOYER/ORGANIZATION AGREES Organization agrees (1) to serve as and perform all reasonable and expected functions of a "Closed Point of Dispensing" (Closed POD) and distribute SNS medication to its faculty and staff, their family members, and students to support the overall emergency response; (2) to provide transportation and personnel to pick up the allotted pharmaceutical cage from the designated Weld County Regional Transfer Point (RTP); (3) to establish a ao/g- 375L pharmaceutical dispensing system commensurate with the requirements of the Centers for Disease Control and Prevention (CDC) of a Point of Dispensing (POD); (4) to execute the dispensing pharmaceuticals to its faculty and staff, their family members, and students in accordance with agreed - upon procedures; (5) provide agreed upon documentation; and (6) return any excess medication to Weld County. INTENT OF THE PARTIES This MOU is not intended to be legally binding upon the parties, nor to create any cause of action which does not already exist. In contrast, this MOU is made in advance of any potential future emergency or disaster, for planning purposes only. Neither party agrees to provide any financial support pursuant to this MOU. Nothing in this MOU shall give or allow any claim or right of action whatsoever by any other person not included in this MOU. This MOU is non exclusive and the County may engage other persons or entities to provide similar services. This MOU does not create an employment relationship between the parties. The Organization shall comply with all applicable law. Any disputes regarding this MOU may be heard exclusively by the courts of Weld County applying Colorado law. In the event of a dispute each party shall be responsible for their own attorneys fees and/or legal costs. Nothing in this agreement shall be construed as an acceptance of liability on the part of the County. The parties agree to maintain a high level of confidentiality of sensitive, personal patient and student information. In the event that SNS medication becomes available and the parties take action according to this MOU, each party agrees to designate a contact person or persons to assist in timely communication. GOVERNMENTAL IMMUNITY No term or condition of this contract 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 §§24-10-101 et seq., as applicable now or hereafter amended. In Witness Whereof, the parties hereto have executed this Agreement on the date provided below. WELD COUNTY: Attest: Clerk to the o'ftdhiN) By: a Deputy Clerk to the Board For the ORGANIZATIO Barbara Kirkmeyer , Chair, of County Commissioners of Weld County, ado r.:, a '.., 2C19 1 ichelle F. Quinn a/t/ti Senior Vice President of Finance and Administration, and Chief Financial Officer 10 020/9.375-3 Selected State Statutes C.R.S. § 24-33.5-902. Legislative declaration --no private liability (1) It is declared to be the policy of the general assembly to encourage the owners of any building, mine, structure, or other real estate to make such property available, without compensation, for civil defense, and for that purpose this section is enacted. (2) No person, limited liability company, partnership, corporation, or association shall be civilly liable, except for willful and wanton acts, for the death or injury of any person or the injury to or loss of any property which may occur in or on the property of such person, limited liability company, partnership, corporation, or association resulting from any preparation, drill, exercise, use in an official alert, or inspection incidental to a civil defense activity. This exemption from liability extends to any owner, tenant, lessee, assignee, or successor in interest of any property used for civil defense purposes, together with his or her personal representatives, heirs, successors, and assigns. C.R.S. § 24-33.5-903. State liability All legal liabilities for damages, not only to property under the constitution of the state of Colorado but also for death or injury to any person, except a civil defense worker regularly enrolled and acting as such, caused by acts done or attempted under the color of the "Colorado Disaster Emergency Act", part 7 of this article, in a bona fide attempt to comply therewith, shall be the obligation of the state of Colorado. Permission is given for suits against the state for recovery of compensation in that behalf, and for the indemnification of any person appointed and regularly enrolled as a civilian defense worker while actually engaged in civil defense duties or as a member of any agency of the state or political subdivision thereof engaged in civilian defense activity, or such person's dependents, as an aspect of damage done to such person's private property, or judgment against such person for acts done in good faith attempts in compliance with this part 9. The foregoing shall not be construed to result in indemnification in any case of willful misconduct, gross negligence, or bad faith on the part of any agent of civilian defense. Should the United States government or any agency thereof, in accordance with any federal statute, rule, or regulation, provide for the payment of damages to property or for death or injury as provided for in this section, then and in that event, there shall be no liability or obligation whatsoever upon the part of the state of Colorado for any such damage, death, or injury for which the United States government assumes liability. Return Completed Form To Deanna Herbert Public Health Preparedness Coordinator Weld County Department of Public Health and Environment 1555 N 17`h Ave Greeley, CO 80631 Office: (970) 400-2381 Fax: (970) 304-6452 dherbertAweldgov.com Website: www.weldhealth.org 11 Contract Form Entity Information New Contract Request Entity Name* UNIVERSITY OF NORTHERN COLORADO Contract Name* UNC CLOSED POD MOU Contract Status CTB REVIEW Entity ID* @00002838 Contract ID 3084 Contract Lead* TGEISER Contract Lead Email tgeiser@coweld_co us ❑ New Entity? Parent Contract ID Requires Board Approval YES Department Project it Contract Description* CLOSED POINT OF DISPENSING MEMORANDUM OF UNDERSTANDING (CLOSED POD MOU) WITH UNIVERSITY OF NORTHERN COLORADO Contract Description 2 Contract Type AGREEMENT Amount* $000 Renewable* YES Automatic Renewal YES Grant NO County Attorney Email !GA CM - NO COUNTYA I ! ORNEY©WELD GOV.COM Department HEALTH Department Email CM -Health a�weldgo.Q corn Department Head Email CM-Health- DeptHead@,vefdgov cam County Attorney GENERAL COUNTY ATTORNEY EMAIL Requested BOCC Agenda Date* 08/19/2019 Due Date 08/1 Fd 2019 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date 08/19/2019 Termination Notice Period Review Date* 06/0112020 Committed Delivery Date Renewal Date * 08/0112020 Expiration Date Contact Information Contact Info Contact Name Purchasing Purchasing Appr Approval Process Department Head TANYA GEISER DH Approved Date 08/15/2019 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date D8119/2019 Originator TGERSER Contact Type Contact Email Finance Approver BARE CCNNOLLY Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 03,'1R,,2019 Tyler Ref # AG 031919 Legal Counsel KARIN Iv1CDOUGAL Legal Counsel Approved Date 08/1E12019 Submit Hello