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Home My WebLink About09034 ORDINANCE NO. 9034 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE PUEBLO CITY-COUNTY HEALTH DEPARTMENT RELATING TO SCOPE AND CONDITIONS OF ASSISTANCE BY CITY DURING A PUBLIC HEALTH EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Emergency Use Agreement by and between the Pueblo City-County Health Department (“Department”) and Pueblo, a Municipal Corporation (“Owner”), a copy of which is attached hereto and having been approved as to form by the City Attorney, is hereby approved. The President of City Council is authorized and directed to execute this Agreement for and on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 3. This Ordinance shall become effective immediately upon final passage. INTRODUCED: August 22, 2016 BY: Ed Brown PASSED AND APPROVED: September 12, 2016 City Clerk’s Office Item # S-4 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: August 22, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Shawn Shelton, Fire Chief – Fire Department SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE PUEBLO CITY-COUNTY HEALTH DEPARTMENT RELATING TO SCOPE AND CONDITIONS OF ASSISTANCE BY CITY DURING A PUBLIC HEALTH EMERGENCY SUMMARY: Attached is an Intergovernmental Agreement between the City of Pueblo and the Pueblo City- County Health Department relating to scope and conditions of assistance by the City in the event of a public health emergency. PREVIOUS COUNCIL ACTION: None. BACKGROUND: This is an emergency use agreement between the City of Pueblo a municipal corporation and the Pueblo City-County Health Department. The agreement is specific to the use of Fire Station 10 which is located at the Pueblo Memorial Airport. The use of the Fire Station is limited to receiving and storing of Strategic National Stockpile assets in the event of an emergency. The agreement allows for unpacking and distribution of those assets from the Fire Station. As with most agreements of this type, the Fire Department is only obligated to provide these services if they can do so without sacrificing their response obligations to the community. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: None. RECOMMENDATION: Approval of the Ordinance. Attachments: Intergovernmental Agreement ............ •COUHj. . BOARD OF HEALTH {� Eileen Dennis, RN, President Michael J. Nerenberg, MD,Vice President 0 101 W. 9TH STREET Ed Brown PUEBLO, COLORADO 81003-4103 Terry A. Hart .7 Donald Moore �,. r ,, (719) 583-4300 `ts q� PUBLIC HEALTH DIRECTOR 1-16630.4.- Sylvia R. Proud, MS, IPMA-SCP EMERGENCY USE AGREEMENT This Emergency Use Agreement is entered into this 12tlday of September , 2016 by and between the Pueblo City-County Health Department ("Department") and Pueblo, a Municipal Corporation ("Owner"). In consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Department and Owner agree as follows: A. Definitions "Public health emergency" means an occurrence or condition which results in an actual or imminent threat of harm to public health and safety due to bioterrorism or terrorism events, outbreaks or release of dangerously contagious or infectious disease, natural occurrences, infectious agents, chemical agents or other situations that possess substantial probability of death, long-term disability or future harm in the affected population. "Facility"means(description/location of building)Fire Station 10. 31475 Bryan Cr.,Pueblo, CO. B. Notice to Use Facilities The Department will, to the extent feasible, provide the Owner with three days advance notice of its intent to use the Facility pursuant to this Agreement. Prior to the Department occupying the Facility, representatives of both parties will inspect the Facility and will note its condition on an inspection form or this Agreement. C. Duties and Responsibilities The Owner agrees that, after meeting its responsibilities for fire protection and related services to the residents of the City of Pueblo, Colorado, it will permit, to the extent of its ability and upon request of the Department the use of the Facilities for the following purposes: 1. Receipt and storage of Strategic National Stockpile ("SNS") assets in the event such assets are flown into Pueblo Memorial Airport and until such assets can be transported to the Regional Transfer Point("RTP"); and 2. Operating as a secondary RTP site for unpacking and distribution of SNS assets. No modifications or changes will be made to the Facility without the approval of the Owner. The Department may seek assistance of specific Facility staff as available and approved by the Owner. The Department agrees that it shall exercise reasonable care in the conduct of its activities and further agrees to repair any damages to the facilities caused by the Department or its employees or agents in the conduct of its activities. PREVENT • PROMOTE • PROTECT A Handicapped Accessible Facility 4F f 3S Z { 1 t 1 Y Owner further agrees that, after meeting its responsibilities for fire protection and related services to residents of the City of Pueblo, Colorado, it will, to the extent of its ability, provide related services including the following: 1. Assistance loading and unloading of SNS assets which are received by or transferred from the Facility; 2. Supporting Department's efforts for set up and operation of points of dispensing in the case of a declared public health emergency including responding to medical emergencies which may occur at such points of dispensing such as falls, injuries or possible anaphylaxis; and 3. Supporting Department's efforts to vaccinate those who are home bound or otherwise unable to or unlikely to obtain medication relating to a declared public health emergency. D. Restoration of the Premises The Department shall restore the Facility to the same condition which it existed immediately before the Department's use. Prior to vacating the Facility, representatives of both parties will inspect the Facility to note any changed condition on the inspection form. Normal wear and tear is considered to be the responsibility of the Owner. E. Indemnification To the extent the Department may be liable and responsible therefore, the Department will assume professional liability with respect to the providing of vaccinations and operation of points of dispensing of clinic services as identified in this Agreement. The Department agrees to indemnify and hold the Owner, employees, agents and volunteers harmless from all losses, suits, claims, liabilities, injuries, damages and expenses, including attorney's fees, claims or injury, death and property damage or loss due to the sole negligence or the comparable fault of the Department, its agents and employees, which arise out of the Department's use of the Facility or in providing of vaccinations and operation of points of dispensing of clinic services as identified in this Agreement. This indemnification shall not apply to any sole or comparable negligence of the Owner, its agents and employees, causing any workers' compensation claim or losses, suits, claims, liabilities, injuries, damages and expenses, including attorney's fees, claims of injury, death or property damage. F. Fees Both parties, Department and Owner, agree that this is an emergency use agreement and there are no fees being charged for such use in an emergency. G. Termination and Amendments Either party may terminate this Agreement with sixty(60)days advance written notice to the other party. This document represents the entire Agreement between the parties. Any amendments shall be in writing and agreed upon by both parties. H. Notice and Correspondence All notices shall be in writing and correspondence shall be addressed to Department (Pueblo City-County Health Department, 101 W. 9th Street, Pueblo,CO 81003). To the City: Pueblo Fire Department Attn: Fire Chief 1551 Bonforte Blvd. Pueblo,CO 81001 PREVENT a PROMOTE ® PROTECT A Handicapped Accessible Facility I. Integration,Amendment and Counterparts This Agreement represents the entire agreement between the Parties and supersedes all prior discussions and written agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the Parties. This Agreement may be extended in multiple counterparts, each of which shall be deemed an original, and all of them together constitute one and the same agreement. J. Authority of Signors Each person signing this Agreement on behalf of a party represents and warrants that he or she has the requisite power and authority to enter into,execute and deliver this Agreement on behalf of such party and that this Agreement is a valid and legally binding obligation of such party enforceable agreement in accordance with its terms. Executed in Pueblo, Colorado,the day and year first above written. PUEB 0_: . ' .,_C• ..ration 4IrIP Pres'•en o i y Council ATTEST J\ City rk [SEAL] PUEBLO CITY-COUNTY HEALTH DEPARTMEN„ Pre '. , Board of Health ATTEST: Name: Title: [SEAL] PREVENT • PROMOTE • PROTECT A Handicapped Accessible Facility