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Home My WebLink About20150704.tiff RESOLUTION RE: APPROVE TWO (2) STANDARD FORMS OF MEMORANDUM OF UNDERSTANDING CONCERNING USE OF BUILDING (OPEN POD/CLOSED POD) AND AUTHORIZE CHAIR TO SIGN DOCUMENTS CONSISTENT WITH SAID FORM 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 two (2) Standard Forms of Memorandums of Understanding Concerning Use of Building (Open Pod/Closed Pod) between the County of Weld, State of Colorado, by and through the Board of County Commissioners, on behalf of the Department of Public Health and Environment, and various entities, and WHEREAS, after review, the Board deems it advisable to approve the forms of said memorandums of understanding, copies of which are attached hereto and incorporated herein by reference, and to delegate standing authority to the Chair of the Board of County Commissioners to execute individual documents between the Weld County Department of Public Health and Environment and various entities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the two (2) Standard Forms of Memorandum of Understanding Concerning Use of Building (Open Pod/Closed Pod) between the County of Weld, State of Colorado, by and through the Board of County Commissioners, on behalf of the Department of Public Health and Environment, and various entities 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 forms. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of March, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: CAA eti , �/ cC EXCUSED U `aCL�° Barbara Kirkmeyer, Chair Weld County Clerk to the Board • �„'+� Pro-Tem Mike Freeman, I D (�Ijr Clerk tot Board/ :. _sith tit (`.� 'ei� -n P. Con .y �- ( t /� 77 APPRO FO M: .r G tf li. -� •Mlle Cozad Cou ney ♦ ( � / Steve Moreno Date of signature: WV ea: 5Tirel)c(1,7 2015-0704 HL0047 MEMORANDUM OF UNDERSTANDING CONCERNING USE OF BUILDING (OPEN POD) 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: I. PURPOSE AND INTENT 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"), WCDPHE may be required to distribute to residents of Weld County certain oral prophylactic medication, as received by the Strategic National Stockpile (SNS). The Building has been identified as a site for the above described mass distribution to the public. II. OWNER AGREES If the Governor for the State of Colorado or the Chair of the Board of County Commissioners declares a disaster pursuant to section 24-33.5-701 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. III. WELD COUNTY AGREES A) 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. B) 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, subject to the limitations provided in 24-33.5-901 et. al. 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. 2015-0704 C) 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. D) 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 24-33.5-711.5 C.R.S. IV. TERM AND TERMINATION 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. V. INTENT OF THE PARTIES 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. Nothing in this MOU shall be construed to require WCDPHE to provide funding not previously budgeted. 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: Signature Date Printed Name /Title WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: BY: Director, WCDPHE ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Barbara Kirkmeyer, Chair MEMORANDUM OF UNDERSTANDING CONCERNING USE OF BUILDING (CLOSED POD) 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 , ("Organization"), hereby enter into this Memorandum of Understanding(hereinafter referred to as "MOU"), and agree as follows: I. PURPOSE AND INTENT The Organization is a local entity that employs or serves a large number of residents in Weld County. 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. The Organization has the ability to distribute such medication to its employees, family members, and clients constituting a large number of Weld County residents. II. 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. III. 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; (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 staff, family members, and clients 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. IV. EMPLOYER/ORGANIZATION AGREES Organization agrees (1)to serve as and perform all functions of a"Closed Point of Dispensing" (Closed POD) and distribute SNS medication to its staff, family members, and clients to support the overall emergency response; (2)to provide transportation and personnel to pick up the allotted pharmaceutical cache from the designated Weld County Regional Transfer Point(RTP); (3)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); (4)to execute the dispensing of pharmaceuticals to its staff, family members, and clients in accordance with agreed-upon procedures; (5)provide agreed upon documentation; and (6) return any excess medication to Weld County. V. 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 indemnify the County for any acts, errors, or omissions of the Organization under this agreement which result in loss or liability on the part of the County. 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. 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. VI. 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 the date provided below. For the ORGANIZATION Signature Date Printed Name/Title WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: BY: Director, WCDPHE ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Barbara Kirkmeyer, Chair Hello