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HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-0541 TR11787 Page 1 April 7, 2010 Revision April 22, 2010 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2010 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA TO APPROVE THE AGREEMENT AND AUTHORIZE THE APPROPRIATE CITY OFFICIALS TO EXECUTE A MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE CITY OF TAMARAC AND THE STATE OF FLORIDA, BROWARD COUNTY HEALTH DEPARTMENT (BCHD) CITIES READINESS INITIATIVE (CRI) PROGRAM FOR PROVIDING POINTS OF DISPENSING (POD) OR RECEIVING, STAGING AND STORING SITES (RSS) FOR LARGE QUANTITIES OF PHARMACEUTICAL AND MEDICAL SUPPLIES IN THE EVENT OF A DECISION TO ACTIVATE THE STRATEGIC NATIONAL STOCKPILE (SNS) UNDER A DECLARED EMERGENCY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Centers for Disease Control and Prevention (CDC) established the Cities Readiness Initiative (CRI) program to assist specific densely populated areas known as Metropolitan Statistical Areas (MSA) in the event of a catastrophic biological or chemical event; and WHEREAS, the CDC, through the Broward County Health Department , will provide pharmaceuticals and medical supplies from the Strategic National Stockpile (SNS) to Broward County Health Department (BCHD); and WHEREAS, BCHD will approve and transfer a pre -determined quantity to the City of Tamarac for distribution; and WHEREAS, the City of Tamarac will operate a closed Point of Dispensing (POD) to receive and dispense medication from the BCHD for City employees and their families in the event of a public health emergency; and TR11787 Page 2 April 7, 2010 Revision April 22, 2010 WHEREAS, the City of Tamarac would operate an open POD for City residents and their families to dispense medication from BCHD in the event of a public health emergency; and WHEREAS, the Fire Chief and the City Manager recommend that authority be delegated to the appropriate City Officials to execute the agreement from BCHD, providing for City participation during a public health emergency (attached hereto as Exhibit A); and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the employees and their families, citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute the Memorandum of Agreement between the City of Tamarac and the Broward County Health Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. All Exhibits attached hereto are expressly incorporated herein and made a part hereof. SECTION 2: The City Commission hereby approves the Memorandum of Agreement between the City and the Broward County Health Department . The appropriate City Officials are hereby authorized to execute the Agreement between the City of Tamarac and the Broward County Health Department (attached hereto as Exhibit A). SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portion or applications of this Resolution. 1 1 1 TR11787 Page 3 April 7, 2010 Revision April 22, 2010 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA this day of , 2010. ATTEST: MARION SWENSOI CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. GOREN CITY ATTORNEY BETH TALABISCO MAYOR Record of COMMISSION VOTE: MAYOR TALABISCO DIST 1: COMM BUSHNEL DIST 2: COMM ATKINS-GRAD o' DIST 3: COMM GLASSER DIST 4: VM DRESSLER TR11787 — EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT made and entered into between the Broward County Health Department (BCHD) (hereafter referred to as the Department) and the City of Tamarac (hereafter referred to as the Provider): WHEREAS, It is the intent of the Florida Legislature that the department provide public health services through the 67 county health departments in partnership with county governments, as specified in part I of Section 154.001 Florida Statutes (F.S.) et al, and in so doing make every attempt possible to solicit the support and involvement of federal, state, and local government and the public and private sectors to achieve its mission. WHEREAS, the Department and the Provider agree to enter in partnership to identify certain sites or facilities to be used as Points of Dispensing (POD) or Receiving, Staging and Storing sites (RSS) for large quantities of pharmaceutical and medical supplies in the event of a decision to activate the Strategic National Stockpile (SNS). WHEREAS, the Parties agree that sites or facilities shall only be used by the Broward County Health Departments Cities Readiness Initiative Program during a federal declaration to activate the SNS. WHEREAS, Section 163.01, F.S. authorizes the Parties to enter into this MOA. WHEREAS, in 1999 Congress charged the United States Department of Health and Human Services (HHS) and the Centers for Disease Control and Prevention (CDC) with the establishment of the National Pharmaceutical Stockpile (NPS). The mission was to provide a re -supply of large quantities of essential medical material to states and communities during an emergency within twelve hours of the federal decision to deploy. WHEREAS, as a result of the creation of the Homeland Security Act of 2002, the NPS became the Strategic National Stockpile (SNS) managed jointly by the DHS and HHS. The SNS is designed to supplement and re- supply state and local public health agencies in the event of a national emergency anywhere and at anytime within the U.S. or its territories. NOW, THEREFORE, in consideration of the mutual covenants herein and other goods and valuable consideration, the recipient and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: I. Recitals: The Parties mutually agree that the foregoing recitals are true and correct and incorporated herein by reference. II. The Department agrees to the following: 1. It is the Department's intent, in collaboration with the Provider, to deploy and dispense SNS assets to Points of Dispensing (POD)s identified by this Memorandum of Agreement. 2. To ensure the availability of SNS assets to protect the American public if there is a public health emergency (terrorist attack, flu outbreak, hurricane) severe enough to cause local supplies to run out.; 3. To facilitate the provision of SNS assets to First Responders, their families, and the community at large. 4. To respond specifically to incidents of bioterrorism and all other natural and man-made disasters. 5. To effectively and efficiently train POD managers to coordinate the CDC's SNS assets should the assets be deployed within Broward County. 6. The coordination of the SNS assets will be determined by the Office of Emergency Operations of the Department in the event of a decision to distribute. 7. To request SNS assets identified by the Department to be delivered to identified POD(s) in the Memorandum of Agreement. 8. To oversee and maintain quality control/quality assurance of SNS assets. 9. To coordinate the physical security of the POD with Provider and other agencies as deemed necessary. 10. To respond to operational issues and challenges as they occur in an event. Updated 6110109 J Drive Office of F.niergenov Operations CRI Folder TR11787 - EXHIBIT A 11. To re-evaluate Provider's POD (s) at least once a year. III. Provider agrees to the following: 1. To provide the Department with the address, lay -out, and access of designated POD (s) for the purpose of receiving, offloading, storing, staging, and dispensing SNS assets. (NOTE: The Provider agrees to provide the use of designated POD at no charge to the Department.). 2. To provide the Department with POD information pursuant to Attachment I. In the Special Notes/Objectives section, the Provider will identify the POD objective and include measurement outcomes. The first POD objective will be the opening of the POD for First Responders within 6 hours of the Department's request. The Provider must indicate in the Special Notes/Objectives section what Provider staff (by title) and/or Partner staff will be operating the POD. 3. To allow access for Points of Dispensing Security Assessments annually. 4. To name the Broward County Health Department Cities Readiness Initiative as an Annex in the Provider's Emergency Operations Plan and provide a copy of the Providers plan to the Broward County Health Department Cities Readiness Initiative. 5. To attend Cities Readiness Initiative meetings, trainings and exercises to test POD objectives and to keep informed to be prepared for all -hazard events. 6. The selected POD(s) shall possess adequate parking and the selected POD(s) will be open to Department and other emergency personnel in the event the federal government decides to activate the SNS. 7. The selected POD(s) have adequate utilities (i.e., water, electricity, and restrooms and traffic flow). IV. Both Parties mutually agree to adhere to the following: 1. Section 381.95, F.S. 2. Any cost associated with repairs arising from the Departments usage of the Providers designated POD (s) shall be borne solely by the Department, unless such costs are the result of the Provider, its employees' or agents' exclusive and direct conduct. 3. Coordinate physical security with other agencies as deemed necessary. V. Termination at Will This Memorandum of Agreement may be terminated by either Party upon no less than thirty (30) calendar days notice in writing to the other Party, without cause, unless a lesser time is mutually agreed upon in writing by both Parties. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Modification Modifications of provisions of this Memorandum of Agreement shall only be valid when they have been reduced to writing and duly signed by both Parties. Renewal This is a one year Memorandum of Agreement (MOA) with four (4) one (1) year renewals. This MOA will be automatically renewed for four (4) consecutive terms of one year each, absent written notice by either party of its intent not to renew the MOA. The written notice must be provided no later than thirty (30) days prior to the expiration of the then MOA. VI. Effective and Ending Dates: This Memorandum of Agreement shall begin on June 1, 2010 or on the date on which the Memorandum of Agreement has been signed by both Parties, whichever is later, and it shall end on May 31, 2011. VII. Status of Parties The Parties expressly intend that as to this MOA, the Parties shall be independent contractors, have no Updated 611 "9 J Drive Office of Emergency Operations CR/ Folder TR11787 — EXHIBIT A relationship other than the one created by this MOA, and shall not receive any benefits other than those expressly proved herein. Further, the Parties expressly intend that no agent, contractor, employee of one party shall be deemed an agent, contractor, or employee of the other party. VIII. Benefit/Assignment Subject to provisions herein to the contrary, this MOA shall inure to the benefit of and be binding upon the Parties hereto and their respective legal representatives, successors and permitted assigns. No Party may assign this MOA without the prior consent of the other Party, the consent of which shall be given at that Party's sole discretion. IX. Indemnification The DEPARTMENT is a governmental entity per the provisions of sections 768.28, Florida Statutes, and agrees to be liable to the limits as set forth in section 768.28, Florida Statutes, for its acts of negligence or omissions or intentional tortuous acts which result in claims or suits against it, and agrees to be liable to the limits set forth in section 768.28, Florida Statutes, for any damages proximately caused by said acts or omissions. Nothing herein shall be construed as consent by the Department to be sued by third parties in any matter arising out of any agreement. IN WITNESS WHEREOF, the Parties hereto have caused this 4 page Memorandum of Agreement to be executed by their official's thereunto duly authorized. State of Florida Department of Health Broward County Health Department By: Paula M. Thagi, M.D., MPH Director Date: City of Tamarac P- By- 4Jy�L;illeer Cit Manager Date: d- c 0l41 Please return signed documents to the Departments Official Representative: Adam Yanckowitz Office of Emergency Operations Director Broward County Health Department 780 SW 24th Street, Ft. Lauderdale, F13315 Telephone:954-762-3810 Fax:954-767-5155 Updated 6/10109 J Drive Office of Emergency Operations CR! Folder Primary Site Location POD ADDRESS: CITY/STATE/ZIP CODE: POD LONGITUDE: POD LATITUDE: POD CONTACT INFORMATION: NUMBER OF PEOPLE ANTICIPATED CLOSED OR OPEN POD: TR11787 - EXHIBIT A ATTACHMENT Tamarac Public Safety Compound 6000 Hiatus Rd. Tamarac, FL 33321 080017' 15.3935" W (-80.2876093) 260 11' 44.3368" N (26.1956491) Thomas Sheridan, Tamarac Fire Rescue, 964.697.3800 350 -1,300 CLOSED SPECIAL NOTES/OBJECTIVES: This Point of Dispensing (POD) site will be the first POD opened and staffed by the employees of the Provider. The Provider will activate, open and be ready to start dispensing pharmaceuticals within six (6) hours of the Department's request to the Provider. OR (Dependent Upon Type of All -Hazards Event) Secondary Site Location POD ADDRESS: Tamarac Community Center - 8601 W. Commercial Blvd CITY/STATE/ZIP CODE: Tamarac, FL 33321 POD LONGITUDE: 0800 15' 50.4792" W (-80.264022) POD LATITUDE: 260 11' 39.6164" N (26.1943379) POD CONTACT INFORMATION: Thomas Sheridan, Tamarac Fire Rescue, 964.697.3800 NUMBER OF PEOPLE ANTICIPATED: 350 .1,300 CLOSED OR OPEN POD: CLOSED SPECIAL NOTES/OBJECTIVES: This Point of Dispensing (POD) site will be the first POD opened and staffed by the employees of the Provider. The Provider will activate, open and be ready to start dispensing pharmaceuticals within six (6) hours of the Department's request to the Provider. Primary Site Location POD ADDRESS: Tamarac Community Center - 8601 W. Commercial Blvd CITY/STATE/ZIP CODE: Tamarac, FL 33321 POD LONGITUDE: 0800 15' 50.4792" W (-80.264022) POD LATITUDE: 260 11' 39.6164" N (26.1943379) POD CONTACT INFORMATION: Thomas Sheridan, Tamarac Fire Rescue, 954.597.3800 NUMBER OF PEOPLE ANTICIPATED: 1,300—14,000+ CLOSED OR OPEN POD: OPEN SPECIAL NOTES/OBJECTIVES: This Point of Dispensing (POD) site will not be the first POD opened/activated by the Provider. The Provider will open/activate this POD as staff become available, but not more than twelve (12) hours after the request of the Department to do so. OR (Dependent Upon Type of All -Hazards Event) POD ADDRESS: Tamarac Sports Complex — 9901 NW 77 Street / Nob Hill Rd CITY/STATE/ZIP CODE: Tamarac, FL 33321 POD LONGITUDE: 080017' 6.1908" W (-80.285053) POD LATITUDE: 26013' 7.5" N (26.21875) POD CONTACT INFORMATION: Thomas Sheridan, Tamarac Fire Rescue, 954.597.3800 NUMBER OF PEOPLE ANTICIPATED: 1,300—14,000+ CLOSED OR OPEN POD: OPEN SPECIAL NOTES/OBJECTIVES: This Point of Dispensing (POD) site will not be the first POD opened/activated by the Provider. The Provider will open/activate this POD as staff become available, but not more than twelve (12) hours after the request of the Department to do so. (Please use additional pages as required) Updated 6/10/09.1 Drive Office of Emergency Operations CR/ holder