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HomeMy WebLinkAboutExhibitMEMORANDUM OF AGREEMENT Between MIAMI-DADE COUNTY HEALTH DEPARTMENT And THE CITY OF MIAMI RECITALS THIS MEMORANDUM OF AGREEMENT, entered into between the City of Miami, (hereinafter referred to as the "City") and the Miami -Dade County Health Department, (hereinafter referred to as "MDCHD"). WHEREAS, it is the intent of the Florida Legislature that the Department of Health provide public health services through the 67 county health departments in partnership with county governments, as specified in part I of §1541001 Florida Statutes (2006), 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; and WHEREAS, the Florida Legislature has directed the Florida Department of Health to exercise quarantine authority, stating, "It is the duty of the Department of Health ;:to declare, enforce, modify, and abolish quarantine of persons, animals, and premises as the circumstances` indicate for controlling communicable diseases or providing protection from unsafe conditionsthat pose a threat to public health." (Florida Statute §381.0011(6)); and WHEREAS, pursuant to Rule 64-D-3.005(1), Florida Administrative Code, authority to give notice of a quarantine is delegated to the CHD Directors and Administrators; and WHEREAS, upon request, it is the duty of every city and county official of Miami -Dade County to assist the MDCHD in enforcing the state health laws and rules (Florida Statute §381.0012(5)); and WHEREAS, it is the MDCHD's intent, in collaboration with the City, to house persons, when suspected of having contracted or having been exposed to an infectious disease, in order to keep them out of the community, or to confine them to a given place, and to prevent interaction between them and people generally of the community; and WHEREAS, the City owns and manages two facilities, the Orange Bowl and the Coconut Grove Expo Center, that have been identified as appropriate quarantine facilities. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the recipient and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. RECITALS The parties mutually agree that the foregoing recitals are true and correct and incorporated herein by reference. K II. DEFINITIONS , 1. Human quarantine: the act of segregating, handling, disinfecting, testing, transporting, treating, caring for, and managing fatalities of humans, to eliminate and control exposure of disease -causing agents (and to identify, contain and control chemical and/or radiological contamination) that pose hazards to the health of all Miami -Dade county visitors and residents. 2. Minor event: This is characterized by a biological, radiological, and/or terrorist attack that affects less than 100 individuals, who are then transported to a C facility. The most prominent features of the minor event are that the number of affected individuals remains under 100 and that these individuals are transported to the Q facility. 3. Major event: This is characterized by a biologic, radiological, and/or terrorist attack that affects 101 or more persons, who are quarantined in a specific area. The most prominent features of the major event are that the number of individuals affected remains over 101 and the entire area is quarantined. 4. Responders: • First Responders: This refers to the personnel with direct contact with victims and the event working within the quarantine area. • Second Responders: This refers to personnel with direct contact with suspected cases working outside of the quarantine area, i.e. personnel in an X Facility. • Third Responders: The public's response to the event. This refers to all personnel assisting the public and people in R Facilities, as well as people living within the county or the region. 5. Type C Facility: (C=Contagious) Isolation -Infectious individuals confirmed, probable and suspected smallpox cases, i.e. hospital. 6. Type R Facility: Residential -Asymptomatic contacts (not infectious), i.e. private home. 7. Type R-2 Facility: Asymptomatic contacts (not infectious) with mental health issues, homeless individuals who refuse to obey quarantine, i.e. arena or stadium. 8. Type R-3: Asymptomatic contacts (not infectious); these are tourists or visitors, i.e. hotel or motel. 9. Type X Facility: Isolation of persons with uncertain diagnosis -Vaccinated febrile contact without rash-(2 successive temperatures greater than 101F (38C) i.e. dormitory. III. City Agrees to the Following: 1. During a critical health event and/or a declared state of emergency, the City shall provide access and usage of the Orange Bowl (Including all parking areas, Athletic Club, locker rooms, stadium concourses, and press boxes; but excluding Stadium Manager's offices, and playing field) and/or Coconut Grove Expo Center (Including Main Hall, North Hall, West Court Area, West Exhibit Area, Mezzanine, and surrounding parking areas; but excluding executive offices, and Parking Lot 67) ("Facilities"), in an "as -is" condition for purposes of enacting a Human Quarantine. The City understands that the Facilities will be used as a Type X or Type R Facility and not as a Type C Facility. MDCHD acknowledges that the City has existing contracts for use of the Facilities and will from time to time enter into new agreements for their use. Consequently, the City's agreement to provide access to the Facilities is subject to the City's ability to make such Facilities available without violating its existing commitments at that time. 2 2. The City shall provide these facilities to the MDCHD for no cost. ''3. The selected facilities shall be able to accommodate large numbers of people (100 or more) at one time. 4. To the extent available, the City will provide utilities (i.e., water, electricity, and restrooms) for use by MDCHD. However, the City shall not be required to incur any cost in providing same. MDCHD acknowledges that the Facilities may not include a working HVAC system. MDCHD shall be required to reimburse the City for any cost of providing utilities. 5. The selected facilities shall be delivered in an "as -is" condition. MDCHD will be solely responsible for supplying any communication equipment deemed necessary. 6. MDCHD, at its sole cost, shall provide all security, routine maintenance, janitorial and cleaning services, required for its use of the facilities. 7. The City will allow the MDCHD to monitor and inspect the Facilities once a year upon reasonable notice. MDCHD Agrees to the Following: 1. Provide, or coordinate with other agencies to provide, all necessary medical equipment, such as IV fluids, antibiotics, skin care, oxygen monitoring (pulse ox) and oxygen (in - line or portable), medical vital signs monitoring, cardiac and respiratory resuscitation, ventilatory support, suctioning equipment, basic laboratory evaluations (blood chemistries, CBC), radiology (portable chest x-ray), etc. 2. Provide, or coordinate with other agencies to provide, all bedding, linens, and food service. Determine the staffing configuration for this collaboration in the event of a decision to quarantine. 4. Oversee and maintain quality control/quality assurance at the quarantine site. 5. Coordinate physical security with the City and other agencies as deemed necessary, which security shall be paid by MDCHD. 6. Respond to operational issues and challenges as they occur in an event. 7. Monitor and inspect the facilities at least once a year. 8. Give the City reasonable notice and site location for any inspection of the Facilities prior to initiating such inspection. 9. Coordinate the decontamination of the facilities once the Facility(s) are no longer being used for quarantine, which decontamination shall be paid solely by MDCHD. 3 V. HIPPA Where applicable, the City will comply with the Health Insurance Portability Accountability Act as well as all regulations promulgated thereunder (45CFR Parts 160, 162, and 164). VI. Termination This 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. TO THE USER: TO THE CITY: Lillian Rivera, RN, MSN Administrator Miami -Dade County Health Department 1350 NW 14 Street Miami, FI 33125 VII. Agreement to Follow Florida Governing Law Pedro G. Hernandez, City Manager 444 Southwest 2nd Avenue, Miami, FL 33130 cc: Laura Billberry, Director Public Facilities 444 Southwest 2nd Avenue., 3`' Miami, FL 33131 cc: Jorge L. Fernandez, City Attorney 444 Southwest 2nd Ave. Suite 945 Miami, FL 33130 This Agreement is executed and entered into in the State of Florida, and shall be construed,. performed and enforced in all respects in accordance with the laws, rules and regulations of the State of Florida. Each party shall perform its obligations in accordance with the terms and conditions of this Agreement. VIII. All Terms and Conditions Included This agreement contains all the terms sand conditions agreed upon by both parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this agreement shall supersede all previous communications, representations, or agreements, either verbal or written between the parties. If any term or provision of the agreement is found to be illegal or unenforceable, the remainder of the agreement shall remain in full force and effect and such'term or provision shall be stricken. The term of this agreement shall commence upon full execution of the agreement by the parties and shall terminate one year thereafter. This Agreement shall not be changed, modified or amended in any respect except by a written instrument signed by the parties hereto. I have read the above Memorandum of Agreement and understand each section and paragraph. 4 IN WilliNESS THEREOF, the parties hereto have caused this 5 page Agreement to be executed by their undersigned officials as duly authorized. WITNESSES: By: Print Name By: Print Name ATTEST: Priscilla Thompson, City Clerk MIAMI-DADE COUNTY HEALTH DEPARTMENT Lillian Rivera, RN, MSN Administrator Date "CITY" CITY OF MIAMI, a municipal ' corporation By: Pedro G. Hernandez, PE City Manager Approved as to Form and Approved as to Insurance Correctness Requirements Jorge L. Fernandez LeeAnn Brehm, Director City Attorney Risk Management Department 5