HomeMy WebLinkAboutC23-312 MOU CDPHR_CDPHEMEMORANDUM OF AGREEMENT
This Memorandum of Agreement (“Agreement”) is effective as of _______________, by and
between the division of Disease Control and Public Health Response (DCPHR), a part of the
Colorado Department of Public Health and Environment (CDPHE), and Eagle County, Colorado,
through its department of Public Health & Environment (County), collectively referred to herein
as the Parties.
Article 1 - Recitals
A. CDPHE is responsible for investigating and controlling the causes of epidemic and
communicable diseases affecting the public health, C.R.S. § 25-1.5-102(1)(a)(I),
investigating and monitoring the spread of disease that is considered part of an
emergency epidemic, C.R.S. § 25-1.5-102(1)(b)(I), and administering the state’s
immunization program, C.R.S. §§ 25-4-901 et seq. and 25-4-2401 et seq. DCPHR
performs these disease control and emergency response activities and operates pursuant
to applicable state and federal laws.
B. The County is a body corporate and politic and is operated pursuant to the applicable
state laws.
C. The Parties intend to work together to ensure that vaccines used by the CDPHE Mobile
Public Health Clinic Program to provide access to vaccines in communities across
Colorado are appropriately stored as needed pursuant to the terms and conditions of this
Agreement.
D. This Agreement concerns the storage of state owned and managed vaccines used to
support the mission of the CDPHE Mobile Public Health Clinic Program in deploying
vaccine clinics around the State
Article 2 - Term of Agreement, Termination and Amendments
This Agreement will commence upon signature of all Parties, and terminate on June 30, 2025,
unless earlier terminated as set forth herein. This Agreement may be terminated by either Party at
any time; however, the terminating party shall provide written notice to the other party at least
thirty (30) days in advance of the effective date of termination unless there is a critical failure to
perform in which a 48 hour notice should be provided. The Agreement may be amended in
writing at any time by the Parties.
Article 3 - Financial Considerations
Except where otherwise detailed in this Agreement, each Party is responsible for its own costs.
Any assistance provided by CDPHE under this Agreement is subject to the availability of
appropriations. Any and all financial assistance provided by CDPHE will be done pursuant to
and in compliance with the State of Colorado fiscal rules and procurement code (e.g., a separate
written agreement that complies with the state fiscal rules).
DocuSign Envelope ID: 1403E976-C9B1-4377-82B6-6E69A5CF150C
9/28/2023
Article 4 - Scope of Agreement
A. This Agreement incorporates all of the agreements, covenants and understandings
between the Parties concerning the subject matter herein. No other agreement or
understanding of the Parties or their agents shall be valid or enforceable unless stated in
this Agreement.
B. The Parties agree to comply with the terms and conditions which are set forth in this
document, as it may be amended from time to time, to the extent not inconsistent with,
excluded or modified by a specific provision of this Agreement.
Article 5 - Responsibilities
A. As a local public health agency, the County is enrolled in and in good standing with the
federal Vaccines for Children (VFC) program managed by DCPHR, and has the adequate
storage space to store state-owned VFC, 317, state-purchased and private vaccines
overnight in an approved pharmaceutical-grade unit, up to seven days a week,
continuously monitored by a digital data logger with a current certificate of calibration.
The County is responsible for providing access to the facility at which the state-owned
and managed vaccines are stored for designated CDPHE staff to place and pick up the
vaccine(s) on-demand. CDPHE may seek assistance from the County with storing
state-owned and managed vaccines if:
a. A state-run mobile public health clinic will be administering immunizations in a
community that is more than 50 miles away from the centralized CDPHE storage
facility in Denver; or
b. A state-run mobile public health clinic is hosting a multi-day event, and it is more
than 50 miles away from the centralized CDPHE storage facility in Denver.
B. The County will comply with all federal and state vaccine storage and handling
requirements based on the vaccine type, including all requirements herein, their signed
Colorado VFC Program Storage and Handling Agreement, and their signed CDC
Provider Agreement. These requirements include but are not limited to:
a. Store state-owned VFC, 317, state-purchased and private vaccines in refrigerator
or freezer units that meet or exceed the C olorado VFC Program minimum
requirements. Storage units only used for overflow, temporary, or day storage
must also at minimum meet the requirements.
b. The VFC400 digital data logger, supplied free-of-charge by the VFC Program, or
the LogTag TRED30-16R digital data logger, are required for use as the primary
thermometer to monitor temperatures in all refrigerators and freezers used to store
state-owned VFC, 317, state-purchased, and private vaccines, including storage
units used for overflow, temporary or day storage. The LogTag TRED30-7R data
logger may only be used as a backup. All digital data loggers must meet VFC
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program requirements and have a current calibration date and calibration
certificate.
c. Review and record storage unit temperatures twice daily, once in the morning and
once at the end of the workday, including documentation of the minimum and
maximum temperatures once daily. These temperature monitoring requirements
are required for all refrigerators and freezers used to store state-owned VFC, 317,
state-purchased, and private vaccines each day the facility is open for four or
more consecutive hours.
C. The County will maintain a separate storage space for all state-owned VFC, 317,
state-purchased and private vaccines, to include the following:
a. A completed inventory log will be received with any vaccines stored in the unit
provided by the DCPHR point of contact dropping off the vaccine. The facility
contact will update the inventory log during vaccine storage and return it to the
DCPHR point of contact upon pick up.
b. All state-owned VFC, 317, state-purchased and private vaccines will be stored in
labeled baskets with air ventilation separate from the facility’s own VFC, 317 and
private stock vaccines. Staff dropping off vaccines will label each vaccine box
with the appropriate fund source (VFC, 317, and private).
D. The County will remain in good standing with the Colorado VFC program. The County
will immediately report to DCPHR any facility events that may inhibit their ability to store
state-owned and managed vaccines, including power outages, building closures, broken
storage units, etc.
E. he County will report temperature excursions and take immediate action to prevent
vaccine spoilage due to out-of-range temperatures in the vaccine refrigerator and freezer
where state-owned and managed vaccines are stored, including:
● Quarantine the state-owned vaccines and label them as “DO NOT USE.”
● If current temperatures are out of range, follow the emergency vaccine
management plan.
● Report the excursion to the Colorado VFC program at
cdphe_vfc@state.co.us as soon as the excursion is discovered.
● Follow the VFC Storage and Handling Incident Response Checklist
available on the VFC program website at coloradovfc.com.
● Keep vaccines quarantined unless or until instructed otherwise by the
Colorado VFC program.
F. CDPHE will provide as much advance notice as possible to the County when vaccine
storage is needed. In cases of outbreak response or public health emergency, it is understood
that notification may be the same day to provide storage availability.
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G. The County agrees to store vaccines at the Eagle County Government Avon office
location (100 W Beaver Creek Blvd, Suite 107, Avon, CO 81620) and provide access to
storage units during business hours only, unless prearranged with ECPHE contact.
Article 6 - Communications Plan
Communication requesting usage of pharmaceutical-grade vaccine storage units for state-owned
and managed vaccines will come from the CDPHE Mobile Public Health Clinic Program
Coordinators as far in advance as possible, always within one business day of the scheduled
clinic, except in the event of an emergency. Facilities storing state-owned and managed vaccines
will be provided with the:
● Inventory log detailing vaccine type and dose amount,
● Date and time of anticipated drop off,
● Date and time of anticipated pick up, and
● Clinic contact information.
Non-urgent questions can be sent to CDPHE’s Mobile Public Health Clinic Program’s general
email address: C DPHE_MPHCP@state.co.us
Article 7 - Contact Information
Primary OEPR Contact Email Phone Number
Secondary OEPR Contact Email Phone Number
Primary IMM Contact Email Phone Number
Secondary IMM Contact Email Phone Number
Primary ECPHE Contact jackie.hammel@eaglecounty.us 970-328-9816
Secondary ECPHE Contact cecilia.holguin@eaglecounty.us 970-328-9817
Article 8 - General Provisions
A. Capacity to Enter Into Agreement
The persons executing this Agreement on behalf of their respective entities hereby represent and
warrant that they have the right, power, legal capacity, and appropriate authority to enter into this
Agreement on behalf of the entity for which they sign.
B. Complete Agreement
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This Agreement is the complete integration of all understandings between the Parties. No prior
or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect
unless embodied in an agreement duly executed and approved.
C. Non-Discrimination
The County shall strictly comply with all applicable state and federal laws, rules and regulations
involving discrimination and unfair employment practices.
D. Insurance
The County is a "public entity" within the meaning of the Colorado Governmental Immunity Act,
§24-10-101, et seq., C.R.S. (the “GIA”) and shall maintain at all times during the term of this
Agreement such liability insurance, by commercial policy or self-insurance, as is necessary to
meet its liabilities under the GIA.
E. No Assignment
The Parties shall not assign any portion of this Agreement without the prior written consent of
the other Party. Any attempt to assign this Agreement without such consent shall be void.
F. Governmental Immunity
Notwithstanding any other provision to the contrary, no term or condition of this Agreement
shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protection or other provisions of the Colorado Governmental Immunity Act, Section 24-
10-101 et seq., CRS, as now or hereafter amended. The Parties understand and agree that liability
for claims for injuries to persons or property arising out of negligence of the State of Colorado,
its departments, institutions, agencies, boards, officials, employees and political subdivisions is
controlled and limited by the provisions of Section 24-10-101 et seq., CRS and the risk
management statutes, Section 24-30-1501, et seq., CRS as now or hereafter amended.
G. TABOR Amendment
Notwithstanding anything to the contrary contained in this Agreement, County shall have no
obligations under this Agreement after, nor shall any payments be made to Contractor in respect
of any period after December 31 of any year, without an appropriation therefor by County in
accordance with a budget adopted by the Board of County Commissioners in compliance with
Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S.
29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20).
H. Third Parties
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This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their
respective permitted assigns and successors in interest. Enforcement of this Agreement and all
rights and obligations hereunder are reserved solely for the parties, and not to any third party.
I. No Waiver
No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver
thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding
breach.
J. Severability
The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect
the validity or enforceability of any other provision hereof.
Signed on Behalf DCPHR:
Printed Name
Title
Signature Date
Signed on Behalf of Eagle County, Colorado:
Jeff Shroll
Printed Name
County Manager
Title
Signature Date
DocuSign Envelope ID: 1403E976-C9B1-4377-82B6-6E69A5CF150C
Lisa McGovern
for Executive Director
9/28/2023
9/28/2023
