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HomeMy WebLinkAboutI - 10 Cortland County Health Department Closed Point DistributionPage 1 of 4 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 Page 2 of 4 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. Page 3 of 4 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. Page 4 of 4 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.