01-19-2021 - AGENDA ITEM 21 CONSIDERATION OF MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH FOR MEDICAL POINT OF DISPENSINGAGENDA ITEM NO.21
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: January 19, 2021
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF MEMORANDUM OF UNDERSTANDING WITH THE COUNTY
OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH FOR MEDICAL POINT OF
DISPENSING
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve entering into a Memorandum of Understanding (MOU) with the County of Los Angeles
(County) Department of Public Health (DPH), through September 30, 2030, to provide Public Medical
Point of Dispensing (MPOD) sites; and
2. Authorize the City Manager to negotiate and execute the necessary documents to provide for MPOD
sites, in such final form as approved by the City Attorney.
BACKGROUND:
In response to major public health emergencies, such as the current COVID-19 pandemic, DPH works to
establish pre -determined Public MPOD sites to mass -dispense Medical Countermeasures (MCM) to the public.
MPOD sites are temporary facilities that are prearranged to be activated to mass dispense preventive
medications to protect the population from the spread of disease during a public health emergency. When an
activation is needed, these sites serve to distribute extremely large amounts of provisions by public health
agencies, such as antibiotic drugs or vaccines, that cannot be provided solely by community clinics and
hospitals or would likely overwhelm their operations.
In order to properly prepare and scale these operations, if needed, DPH works with the local jurisdictions to
determine MPOD site feasibility, and dispensing plan capabilities. Where appropriate, a MOU and a City
specific dispensing plan are developed in preparation for potential activation by DPH. In the event of a major
public health emergency that is accompanied by a declaration of a local, state, and/or federal disaster or
emergency, if the DPH activates the MPOD site(s), it will ensure it is activated as outlined in the City
Dispensing Plan and in the MOU.
DISCUSSION:
The County DPH has recognized that the City of West Covina is a critical partner with the capability and
interest in protecting the health of the City's as well as the County's population during a major public health
15. Signatures
The undersigned hereby represent and acknowledge that they are duly authorized to
execute this MOU on behalf of the entity for which they sign.
COUNTY OF LOS ANGELES "CITY/CONTRACTOR"
DEPARTMENT OF PUBLIC HEALTH
Barbara Ferrer, Ph.D., M.P.H., M.Ed. David Carmany
Director City Manager
Date
Date
MOU Between DPH and City of West Covina Page 7 of 7
emergency. Over the last couple of months, staff has worked in collaboration with DPH to identify MPOD(s)
site(s) in West Covina, while also establishing a DPH - City of West Covina MPOD Dispensing Plan.
In the event the DPH determines that it is in the public interest to activate Public MPOD(s) within the
jurisdiction of the City of West Covina for mass dispensing preventive medications, the City may, at its sole
discretion, elect either to accept or decline a request. Pursuant to the MOU, the City's Designated Responsible
Parties are the City Manager, the Fire Chief, and the City Clerk. Any of the Designated Responsible Parties
may agree to the request. The City and DPH will work together to develop a site plan and dispensing plan when
an activation is accepted.
In the event that City agrees to activate Public MPOD(s) for the purpose of mass dispensing preventive
medications, City and DPH agree to perform the following activities:
City of West Covina
• Deploy enough City personnel to operate Public MPOD under unified command between DPH, City,
Fire, and Law Enforcement as outlined in DPH - City of West Covina MPOD Dispensing Plan.
• Provide DPH with access to the pre -identified Public MPOD(s).
• Provide facility maintenance and support services throughout the duration of the Public MPOD
operations.
• Coordinate with DPH, Fire, and Law Enforcement throughout the duration of the Public MPOD
operations.
• Mass dispense preventive medications under the supervision of DPH.
• Mass dispense preventive medications in accordance with procedures provided by DPH.
• Communicate on an hourly basis with DPH to provide situational status reports.
The County Department
• Coordinate and provide preventive MCM medications and instructions for their use.
• Provide procedures and protocols for the mass dispensing of MCM medications.
• Deliver preventive MCM medications to Public MPOD(s).
• Deploy DPH and other County personnel to operate Public MPOD site under unified command as
outlined in DPH - City of West Covina MPOD Dispensing Plan.
• Mass dispense preventive medications to the general population.
• Provide appropriate personal protective equipment (PPE) to all personnel deployed to operate Public
MPOD under unified command.
Once approved, the MOU will remain in effect until September 30, 2030, unless terminated sooner by either
party upon 60 days' written notice.
LEGAL REVIEW:
The City Attorney's Office has reviewed the agreement and approved it as to form.
OPTIONS:
The City Council has the following options:
1. Approve staff's recommendation; or
2. Provide alternative direction.
Fiscal Impact
FISCAL IMPACT:
The preventive MCM medications to be dispensed at an activated Public MPOD will be provided to the City of
West Covina by DPH at no cost. Eligible costs incurred by performing the DPH - City of West Covina MPOD
Dispensing Plan may potentially be recovered by the City from federal, state, or local government funds, or
other permissible sources of recovery.
Attachments
Attachment No. 1 - MOU between County of Los Angeles Department of Public Health and City of West
Covina (MPOD)
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
Respond to the Global COVID-19 Pandemic
ATTACHMENT NO. 1
MOU Number:
Memorandum of Understanding
Between
County of Los Angeles Department of Public Health
and
City of West Covina
1. Declaration
This Memorandum of Understanding (MOU) is entered into between the County of Los
Angeles (County) Department of Public Health (DPH) and City of West Covina
(hereinafter also referred to as City).
2. Purpose
The purpose of this MOU is a voluntary agreement between DPH and City to work
cooperatively and collaboratively to mass dispense Medical Countermeasures (MCM), as
directed by DPH, in response to a major public health emergency in Los Angeles County
in order to protect the health and welfare of the public's health.
Pursuant to this MOU, City would be considered by DPH to be a Public Medical Point of
Dispensing (MPOD), meaning that City and its employees would partner with DPH to
dispense life-saving MCM to the public, open to everyone with no restrictions as outlined
in the DPH - City of West Covina MPOD Dispensing Plan and in accordance with the
terms of this Memorandum.
It is understood that the parties anticipate that this MOU would be activated by DPH only
in the event of a major public health emergency that is accompanied by a declaration of
a local, State, and/or federal disaster or emergency. However, at the discretion of DPH,
the City may not be utilized as a Public MPOD at the time of the incident. In the event
DPH activates this MOU, the City will be notified to activate their Public MPOD site(s) as
outlined in the DPH - City of West Covina MPOD Dispensing Plan. This Plan is public
safety sensitive and, as such, is confidential, and not attached to this MOU.
This MOU recognizes that City is a critical partner with the capability and interest in
protecting the health of the County's population during a major public health emergency
by dispensing MCM preventive medications supplied by, and in accordance with
procedures promulgated and/or required by DPH. This effort will assist DPH in its efforts
to provide preventive medications throughout the County.
This MOU defines the policies and procedures that would be followed in the event that a
major, county -wide public health emergency is declared and DPH elects to activate the
pre -identified Public MPOD site(s) within the jurisdiction of City for the purposes of mass
dispensing of MCM. The City will provide personnel resources as outlined in the DPH -
City of West Covina MPOD Dispensing Plan under unified command for the duration of
the operations.
MOU Between DPH and City of West Covina Page 1 of 7
It is understood that the City and DPH will extend their best efforts to collaboratively mass
dispense MCM as contemplated by this MOU and the Plan, consistent with their
respective missions and resources availability.
3. Definitions
As used in this MOU, the following terms are defined:
• Medical Countermeasure (MCM): FDA -regulated products that may be used in the
event of a potential public health emergency stemming from a terrorist attack with
a biological, chemical, or radiological/nuclear material; a naturally occurring
emerging disease; or a natural disaster.
• Mass Dispensing: Provision of antibiotic drugs or vaccine by public health agencies
that cannot be provided solely by community clinics and hospitals, or would likely
overwhelm their operations.
■ Public Health Emergency: Any situation where, in the judgment of the County
DPH's Public Health Officer ("PHO") an emergency condition exists from the
introduction of any contagious, infectious, or communicable disease, chemical
agent, non -communicable biologic agent, toxin, or radioactive agent, which
threatens the health of the general public, and which requires extraordinary actions
to protect the public's health.
• Medical Point of Dispensing (MPOD): Temporary facilities activated to mass
dispense preventive medications to protect the population from the spread of
disease during a public health emergency.
■ The Public Readiness and Emergency Preparedness Act of 2005 (PREP Act):
Authorizes the Secretary of the US Department of Health and Human Services
(HHS) to issue a PREP Act declaration that provides immunity from liability (except
for willful misconduct) for claims of loss caused, arising out of, relating to, or
resulting from administration or use of medical countermeasures to disease,
threats and conditions determined by the Secretary to constitute a present, or
credible risk of a future public health emergency to entities and individuals involved
in the development, manufacture, testing, distribution, administration, and use of
such medical countermeasures. A PREP Act declaration is specifically for the
purpose of providing immunity from liability, and is different from, and not
dependent on, other emergency declarations.
4. Assumptions
• It is anticipated that any public health emergency which results in the PHO
determination to seek implementation of the procedures encompassed in this MOU
would be preceded by the declaration of a local, State, and/or federal emergency
or health emergency by either the PHO or appropriate governmental entity.
■ The PHO, based upon his/her discretion, in order to contain the spread of
contagious, infectious, or communicable disease, will request the activation of this
MOU and Public MPOD(s) in order to quickly and efficiently mass dispense
preventive MCM medications.
MOU Between DPH and City of West Covina Page 2 of 7
■ City, may, at its sole discretion, elect either to accept or decline a request from the
PHO to activate Public MPOD(s) and mass dispense preventive MCM medications
to the County's population.
• In the event City elects to activate Public MPOD(s), all City personnel involved in
the mass dispensing of preventive MCM medications in response to the request of
the PHO pursuant to a declared public health emergency and an issued PREP Act
declaration, may be provided the same liability immunity as all County personnel
mass dispensing preventive MCM medication.
■ The preventive MCM medications to be mass dispensed at the activated Public
MPOD(s) will be provided to City of West Covina by DPH at no cost.
5. Creation of Obligation
This MOU is not intended to create additional obligations on the part of City or DPH,
except as explicitly detailed herein.
6. MOU Activation
In the event the PHO determines that it is in the public interest to activate Public MPOD(s)
within the jurisdiction of City for mass dispensing preventive medications, the PHO or
designated representative will contact one of the City Responsible Parties identified
herein below in Paragraph 14, Designation of Responsible Parties. The communication
from the PHO to the City will request the activation of Public MPOD(s) for the purposes
of dispensing preventive medications to the County's population as outlined in the DPH -
City of West Covina MPOD Dispensing Plan.
This communication will also specify the approximate number of preventive medication
doses available for dispensing at the City MPOD site(s). This determination is made at
the sole discretion of the PHO. The allotment of MCM doses may depend upon certain
factors, including but not limited to, the nature of the communicable or infectious disease
present among the population, the availability of preventive medication, and the
anticipated effect of the spread of the disease.
If the Designated City Representative agrees to the request, that person will coordinate
with DPH personnel and confirm the following logistical and operational issues:
• Securing and providing access to pre -identified Public MPOD site(s)
■ Opening time of the Public MPOD to public
■ Duration of the Public MPOD operations
■ Location and delivery of medications, if different from those identified in the DPH-
City of West Covina MPOD Dispensing Plan
• The name and contact information for person(s) responsible for overall operations
of the Public MPOD (i.e., name, title, phone number, email address), if different
from those identified in the DPH-City of West Covina MPOD Dispensing Plan
• Communication of regular situational status reports
MOU Between DPH and City of West Covina Page 3 of 7
• Deployment of personnel to operate the Public MPOD site under unified command
between DPH, City of West Covina, and Law Enforcement
7. City of West Covina Responsibilities
In the event that City agrees to activate Public MPOD(s) for the purpose of mass
dispensing preventive medication(s), City agrees to perform the following activities:
• Deploy sufficient City personnel to operate Public MPOD under unified command
between DPH, City, and Law Enforcement as outlined in DPH-City of West Covina
MPOD Dispensing Plan
• Provide DPH with access to the pre -identified Public MPOD(s)
• Provide facility maintenance and support services throughout the duration of the
Public MPOD operations
• Coordinate with DPH and Law Enforcement throughout the duration of the Public
MPOD operations
• Mass dispense preventive medications under the supervision of DPH
• Mass dispense preventive medications in accordance with procedures provided by
DPH
• Communicate on an hourly basis with DPH to provide situational status reports
8. DPH Responsibilities
In the event that City activates Public MPOD(s) at the request of the PHO, DPH agrees
that its responsibilities include:
• Coordinate and provide preventive MCM medications and instructions for their use
• Provide procedures and protocols for the mass dispensing of MCM medications
• Deliver preventive MCM medications to Public MPOD(s)
• Deploy DPH and other County personnel to operate Public MPOD site under
unified command as outlined in DPH-City of West Covina MPOD Dispensing Plan
• Mass dispense preventive medications to the general population
• Provide appropriate personal protective equipment (PPE) to all personnel
deployed to operate Public MPOD under unified command
9. Reimbursements for Costs Incurred
It is the responsibility of the respective entities to maintain all records necessary to request
federal reimbursement of its own costs. Neither party is responsible for the costs incurred
by the other in performing the DPH-City of West Covina MPOD Dispensing Plan. DPH
will extend good faith efforts to assist City in recovering eligible costs from the Federal
Emergency Management Agency ("FEMA"), federal, State, or local government funds, or
other permissible source of recovery. The parties agree not to charge individuals for any
MOU Between DPH and City of West Covina Page 4 of 7
medications or costs related to dispensing of preventive medications that have been
provided through this agreement, except as otherwise permitted by the County of Los
Angeles or by the Centers for Disease Control and Prevention (CDC).
10. MPOD Activation Plans
In coordination with DPH, City agrees to review pre -identified Public MPOD(s), develop
and maintain appropriate plans for MPOD activation, maintenance of sustained
operations, and dispensing activities as outlined in DPH-City of West Covina MPOD
Dispensing Plan to be reviewed and approved annually. DPH agrees to provide technical
assistance including, but not limited to, (a) access to technical expertise, (b) MPOD
Dispensing plan templates, (c) MPOD Site Surrey toolkit, and (d) recommended
dispensing procedures. DPH shall approve final City of West Covina Public MPOD plans.
11. Training and Exercises
To ensure that MPOD Dispensing plans can be effectively carried out, DPH may request
that City personnel participate in training or exercises to test the capability of City and
DPH to jointly implement plans, which are performed in accordance with the California
Emergency Services Act. Such training and exercises shall be scheduled in coordination
with City. City agrees to make personnel available for such mutually -agreed upon training
and/or exercise events, to the extent that time and resources permit.
DPH agrees to assist the City to train and exercise City personnel in MPOD mass
dispensing operations.
12. Assistance in Locating Special Needs Populations
City will use good faith efforts to work with DPH to develop procedures and protocols to
identify the number of people within the jurisdiction of City, who may require special
assistance during a major public health emergency. It is understood that such procedures
and protocols must be consistent with all local, State, and federal laws and protect their
privacy.
13. Term of Agreement
Upon approval by both entities, this MOU shall remain in force until September 30, 2030.
Either entity may terminate the MOU by providing sixty (60) calendar days prior written
notice to the other.
14. Designation of Responsible Parties
The following persons, identified by position title, have been designated as the
responsible parties for all communications, including any required notice, related to this
MOU, including but not limited to, its future activation:
If to DPH:
(1) Jee Kim, MCM Dispensing Manager
600 South Commonwealth Ave, Suite 700
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Los Angeles, CA 90005
Office: (213) 637-3636
Cell: (213) 254-7944
Fax: (213) 381-0006
Email: Lekim(a�ph.lacountv.gov
(2) Dee Ann Bagwell, Policy and Planning Director
600 South Commonwealth Ave, Suite 700
Los Angeles, CA 90005
Office: (213) 637-3630
Fax: (213) 381-0006
Email: dbagwell@ph.lacounty.gov
(3) Stella Fogleman, Director, Emergency Preparedness and Response Division
600 South Commonwealth Avenue, Suite 700
Los Angeles, California 90005
Office: (213) 637-3600
Email: sfogleman@ph.lacounty.gov
If to City of West Covina:
(1) David Carmany, City Manager
1444 W. Garvey Ave., Room 305
West Covina, CA 91790
Office: (626) 939-8401
Fax: (626) 939-8406
Email: dcarmanyjawestcovina.org
(2) Vincent A. Capelle, Fire Chief
1444 W. Garvey Ave., Room 218
West Covina, CA 91790
Office: (626) 939-8824
Fax: (626) 939-8650
Email: vcapelle westcovina.org
(3) Lisa Sherrick, Assistant City Clerk
1444 W. Garvey Ave., Room 317
West Covina, CA 91790
Office: (626) 939-8433
Fax: (626) 939-8682
Email: city clerkewestcovina.org
Either entity may change its Designated Responsible Party by written notice to the
other entity.
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