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Memorandum of Agreement
CORTLAND COUNTY HEALTH DEPARTMENT
AND
TOWN OF CORTLANDVILLE
OPERATION OF CLOSED POINTS OF DISTRIBUTION
This Memorandum of Agreement (MOA) is between the Cortland County Health Department (“CCHD”),
a division of Cortland County (COUNTY), a municipal corporation organized and existing under the laws
of the State of New York, with offices at 60 Central Avenue, Cortland, New York, and the Town of
Cortlandville located at 3577 Terrace Road, Cortland, New York (“AGENCY”). This Agreement is for
the operation of a closed point of distribution (POD) clinic(s) under the joint management of CCHD and
the AGENCY that will meet the needs of the populations served by CCHD and the AGENCY during
public health emergencies. This MOA will go into effect only at the request and direction of the CCHD.
Definitions:
Closed POD: A place or a process by which public health assets are distributed to individuals
that the AGENCY has agreed to serve.
Public health assets: are medical countermeasures such as biologic products (vaccines, blood
products and antibodies), drugs (antimicrobial or antiviral) or devices (diagnostic tests to identify
threat agents, and personal protective equipment such as gloves, respirators and ventilators).
Public health emergency: An emergent situation where the health consequences have the
potential to overwhelm routine community capabilities to address them. It is declared by the
County’s Public Health Director, the New York State Commissioner of Health or the federal
government.
Just-In-Time: Refers to happening at the time of a public health emergency.
The parties hereby agree to the following:
1. The AGENCY shall select a closed POD site in its facility as agreed to by both parties, for the
administration or distribution of public health assets for eligible staff, staff’s family members, and
client population served by AGENCY, if applicable.
2. At the time of a public health emergency event, CCHD and the AGENCY will jointly determine
if the AGENCY is able to manage a closed POD and if CCHD is able to provide the needed
support.
3. CCHD shall provide overall medical direction following guidance issued by the Centers for
Disease Control and Prevention (CDC) and the New York State Department of Health
(NYSDOH) including medical determinations to identify the population eligible to receive
appropriate emergency public health assets. CCHD shall provide the standing order for staff,
staff member’s families, and client population served by AGENCY, if applicable. Medical
determinations will be made by CCHD concerning non-pharmaceutical interventions, infection
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control, required documentation, adverse events, and related concerns based on the relevant
guidance.
4. Whenever CCHD requests that the AGENCY operate a closed POD, the AGENCY shall issue a
timely response to the request.
5. Mutual Indemnification
a. The COUNTY will defend, indemnify and hold harmless the AGENCY, its officers,
employees, agents, affiliates and representatives from and against any and all damage,
expense (including the cost of reasonable attorney’s fees and professional fees), causes of
action, suits, claims, penalties, judgments and/or liabilities incurred by reasons of any
breach of this agreement by the COUNTY, its officers, employees, agents, affiliates or
representatives or any acts or omissions directly or indirectly caused by, arising out of, or
attributable to any claim of gross negligence or intentional harm with respect work or acts
performed or failed to be performed pursuant to this Agreement.
b. The AGENCY will defend, indemnify and hold harmless the COUNTY, its officers,
employees, agents, affiliates and representatives from and against any and all damage,
expense (including the cost of reasonable attorney’s fees and professional fees), causes of
action, suits, claims, penalties, judgments and/or liabilities incurred by reasons of any
breach of this agreement by AGENCY, its officers, employees, agents, affiliates or
representatives or any acts or omissions directly or indirectly caused by, arising out of, or
attributable to any claim of gross negligence or intentional harm with respect work or acts
performed or failed to be performed pursuant to this Agreement.
6. When CCHD asks the AGENCY to operate a closed POD, CCHD shall arrange to provide
supplies, public health assets and required paperwork that NYSDOH or CDC make available to
local health departments for the specific purpose of conducting POD activities during a public
health emergency.
7. The AGENCY will assign its staff to perform necessary and appropriate roles in support of the
CCHD Public Health Asset Distribution (PHAD) Plan at the AGENCY’s closed POD.
8. CCHD will make a just-in-time decision about what, if any, staff or volunteers it provides to
directly assist in the operation of the AGENCY’s closed POD. At a minimum, CCHD will
designate a medical liaison who will be available either in person or via phone, text or email.
9. CCHD will coordinate with the AGENCY regarding public health asset pickup. Method, time,
location, and security will be discussed at initial request for the AGENCY’s closed POD.
10. The AGENCY shall be responsible for all other necessary supporting non-medical materials, such
as tables, chairs, privacy screens, computers, and clerical supplies.
11. The AGENCY shall be responsible for the management of the closed POD’s medical (if
applicable) and non-medical personnel and shall determine rest breaks, provision of food, and
other personnel-related matters according to its own guidelines and practices.
12. The AGENCY shall be responsible to inventory and securely store any public health assets in
accordance with guidance provided by the CDC or the NYSDOH, including unused public health
assets until CCHD can make arrangements for return or disposal.
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13. The AGENCY and the CCHD agree to participate as full partners in training sessions (initially
after execution of the MOA, and then at least every other year), to ensure that the AGENCY and
the CCHD staff understand their roles sufficiently to collaboratively implement the CCHD PHAD
and POD plans during an actual public health emergency.
14. The AGENCY shall maintain adequate insurance coverage to defend, indemnify, and hold
harmless the COUNTY for any loss, damage, judgement or award for which property and
personnel become liable, due to any activities conducted in connection with this Agreement,
except damages arising which are alleged to have been caused in whole or in part by or because
of misfeasance, omission of duty, negligence, or wrongful act on the part of the COUNTY, its
employees or agents.
15. This Memorandum of Agreement will remain in effect until December 31, 2027, unless written
notification to cancel it is provided by one party to the other prior to that date. Notification for
the CCHD is to be sent to: Cortland County Health Department, 60 Central Ave., RM 122,
Cortland, NY 13045. Notification for the AGENCY is to be sent to 3577 Terrace Road, Cortland,
NY 13045.
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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in duplicate (2 copies) each of which shall be deemed an original on
the date written.
COUNTY OF CORTLAND
DATE:_________ BY:_________________________
Robert Corpora
Cortland County Administrator
Acknowledgment
STATE OF NEW YORK)
COUNTY OF CORTLAND ) ss.:
On this _____ day of _____________, 20____, before me, the undersigned, a Notary Public in and for the
said State, personally appeared Robert Corpora, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that they executed the same in their capacity, that by their signature on the instrument,
the individual, or the person upon behalf of which the individual acted, executed the instrument.
__________________________________
Notary Public
CLOSED POD PARTNER
DATE:_________ BY:_________________________
Authority Name and Title
Town of Cortlandville
Acknowledgment
STATE OF NEW YORK)
COUNTY OF CORTLAND ) ss.:
On this _____ day of _____________, 20____, before me, the undersigned, a Notary Public in and for the
said State, personally appeared _______________________, personally known to me or proved to me on
the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument
and acknowledged to me that they executed the same in their capacity, that by their signature on the
instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.
__________________________________
Notary Public
Sample Municipality Closed POD Resolution Language
Agenda Item #5 - Authorize Memorandum of Agreement with Cortland County Health
Department for Operation of Closed Points of Distribution
WHEREAS, the City of Cortland works to enhance its preparedness for
emergency events and engages in discussions, planning and response efforts with
partners including the County of Cortland; AND
WHEREAS, the Cortland County Health Department operates Open Points of
Distribution (PODS) to provide Medical Counter Measures (MCMs) to the general
public during certain public health emergencies; AND
WHEREAS, MCMs prevent, protect against, treat or diagnose diseases or health
effects caused chemical, biological, radiological or nuclear (CBRN) agents, and
emerging infectious diseases; AND
WHEREAS, because Open POD sites can easily become overwhelmed, public
health departments work to establish partnerships to develop alternate MCM
dispensing options, or Closed PODS, which serve a preidentified segment of the
population; AND
WHEREAS, the City of Cortland has collaborated with the County Health
Department to develop a Memorandum of Agreement enabling the City of
Cortland to operate Closed PODS to administer emergency medications,
treatments and protections to City employees and their families; AND
WHEREAS, City administered Closed PODS will relieve the County’s efforts in
distributing MCMs to the general public and supports the City’s continuity of
operations efforts and helps the City maintain essential functions during an
emergency event; NOW, THEREFORE, BE IT
RESOLVED, that the Common Council does hereby authorize Mayor Steve to
enter into a Memorandum of Agreement on behalf of the City of Cortland with
the Cortland County Health Department for the purpose of the City conducting
planning and training for, and operating Closed Points of Distribution (PODs) to
administer Medical Counter Measures (MCMs) to City employees and their families
during public health emergencies.