HomeMy WebLinkAbout20141136.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE CHAIR TO
SIGN - PET'S EMERGENCY CLINIC
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 Memorandum of Understanding
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 Pet's
Emergency Clinic, commencing March 10, 2014, with terms and conditions being as stated in said
memorandum of understanding, and
WHEREAS, after review, the Board deems it advisable to approve 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 Memorandum of Understanding 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 Pet's Emergency Clinic, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said memorandum of understanding.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of April, A.D., 2014, nunc pro tunc March 10, 2014.
BOARD OF COUNTY COMMISSIONERS
��_�,,t ' �.,,// WELD COUNTY, COLORADO
ATTEST: ditty Sic -�C.Gto•6k Q� 'tt vc, ler
Dougl Rademacher, Chair
Weld County Clerk to the Board
CUSED
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°L/ 1�.ara Kirkmeyer, Pro-Tern
BY:
Dep " Clerk to the Board jl I' ,'' �� SED
a P. Conway
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APPROVED AS TO FORM:
SCC' /�� tj a Free,
,(ss f-, County Attorney (8
l William F. Garcia
Date of signature -rig�)Y'
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�I 9'a01-1 2014-1136
HL0044
1861 Memorandum
�1■ ,� TO: Douglas Rademacher, Chair
co N T Y Board of County Commissioners
FROM: Mark E. Wallace, MD, MPH,
Executive Director
Department of Public Health & Environment
DATE: April 4, 2014
SUBJECT: Memorandum of Understanding with Pet's
Emergency Clinic
Enclosed for Board review and approval is a contract between the Weld County Department of
Public Health and Environment and Pet's Emergency Clinic.
Periodically the Environmental Health Division of the Health Department requires assistance
with the preparation of animal samples that need to go to the Colorado Department of Public
Health and Environment ("CDPHE") for rabies testing. This requires a veterinarian with the
proper equipment and with staff that are current on their rabies vaccinations. This
Memorandum of Understanding ("MOU") with Pet's Emergency Clinic ("Pet's ER") states that
they will assist us in the receiving and preparing of samples at no cost and in exchange for this
service we agree to provide up to six doses of rabies vaccine at no charge on an annual basis.
Pet's ER is open 24 hours a day, 7 days a week which will help a great deal when incidents occur
on the weekends or after normal business hours.
Either party to this MOU may terminate this MOU with written notice received by the other
party at least thirty days prior to the intended date of termination.
This MOU has been reviewed and approved by County Attorney Brad Yatabe.
I recommend approval of this Memorandum of Understanding with Pet's Emergency Clinic.
2014-1136
MEMORANDUM OF UNDERSTANDING BETWEEN
PET'S EMERGENCY CLINIC
AND
WELD COUNTY, COLORADO
THIS MEMORANDUM OF UNDERSTANDING is made and entered into effective as of
the 10th day of March, 2014, A.D. between the COUNTY OF WELD (hereinafter "County"), a
political subdivision of the State of Colorado, by and through its Board of County Commissioners,
whose address is 1150 O Street, P. O. Box 758, Greeley, CO 80631, and PET'S EMERGENCY
CLINIC (hereinafter"Pet's ER"), with address of 3629 23R°Avenue, Evans, CO 80620.
WHEREAS, Pet's ER wishes to donate a valued public health service to the Environmental
Health Division of the Weld County Department of Public Health and Environment (hereinafter
"WCDPHE") in the investigation of zoonotic illnesses including, but not limited to,preparation of
samples for neurological tissue testing for rabies, and
WHEREAS, WCDPHE requires such assistance to fulfill its mission of safeguarding the
citizens of Weld County, and
WHEREAS, in order to provide for the protection of the staff of Pet's ER and in
furtherance of the investigation of zoonotic illnesses, WCDPHE is willing to waive the fee for six
single doses of rabies vaccine to be used by the staff of Pet's ER as designated by Pet's ER, and
WHEREAS, it is necessary and desirable to specify the roles and relationship of the parties
through this Memorandum of Understanding (hereinafter"MOU").
NOW THEREFORE, in consideration of the mutual promises and covenants expressed
herein, the parties hereto agree as follows:
I. Pet's ER intends to continue to donate services for the investigation of zoonotic
illness on an as needed basis provided staff and resources are available. WCDPHE agrees to
1. Pet's ER intends to continue to donate services for the investigation of zoonotic illness on an
as needed basis provided staff and resources are available. WCDPHE agrees to notify Pet's ER
by telephone in the event a sample requires preparation and processing.
2. Either party to this MOU may terminate this MOU with written notice received by the other
party at least thirty days prior to the intended date of termination. If notice is to the County,
it shall be addressed to the Director of Environmental Health,WCDPHE, 1555 N. 17th Ave.,
Greeley, CO 80631. If notice is to Pet's ER, it shall be addressed to Dr. Ted Mika 3629 23"'
Avenue Evans, CO 80620.
3. Upon execution of this MOU by both parties, WCDPHE agrees to waive the fee for six single
doses of rabies vaccine to be used by Pet's ER for Pet's ER employees as designated.These
doses will be given at the WCDPHE clinic by appointment. Pet's ER shall become eligible for
six single doses of rabies vaccine on each year anniversary date
additional waiver of fees for s
the g
of the execution of this MOU.
4.No employee, partner, owner, or agent of Pet's ER shall be considered to be an employee
or agent of Weld County (hereinafter"County"). Pet's ER agrees to maintain such workers
compensation coverage, as required by state law, with respect to all of its staff, employees,
partners and owners. Pet's ER employees, partners, owners, and agents are not entitled to
unemployment insurance or workers' compensation benefits through County and County shall
not pay for or otherwise provide such coverage.
5. No portion of this MOU shall be deemed to constitute a waiver of any immunities, the parties
or the officers, employees, or agents thereof, may possess, nor shall any portion of this MOU be
deemed to create a greater duty of care which did not previously exist with respect to any person
not a party to this MOU. 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.
It is expressly understood and agreed that the 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 in this MOU shall give or allow any claim or right of action
whatsoever by any other person not included in this MOU. 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 an incidental beneficiary only.
BOARD OF WELD COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Douglas Rademach r, Chair APR 0 9 2014
PET'S EMERGENCY CLINIC
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Signature
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Printed Name and Title /
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