PARTNERSHIP AGRMT SOUTH PHX HEALTHY START MB DOC.PDF

Maricopa County — Formal (2019-01-30)

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Partnership Agreement No. C-86-19-
PARTNERSHIP AGREEMENT
between
MARICOPA COUNTY
by and through its
DEPARTMENT OF PUBLIC HEALTH
and
________ EQUALITY HEALTH____________________
This non-monetary Partnership Agreement is hereby made and entered into by and between Maricopa
County by and through its Department of Public Health, hereinafter referred to as MCDPH, through South
Phoenix Healthy Start, and partner, Equality Health.
A. PURPOSE:
The purpose of this Agreement is to provide referrals on the premises of South Phoenix Healthy
Start, located at 3230 E Broadway Rd. Suite A-200 Phoenix AZ 85040.
B. STATEMENT OF MUTUAL BENEFIT AND INTERESTS
The mutual benefit for both parties is:
1. to establish an educational and participatory program of cooperative interaction between
MCDPH and Equality Health;
2. to provide referrals for participation in the Healthy Start program and the services it provides.
C. MCDPH SHALL:
1. Provide report of enrollment of referrals monthly to Equality Health.
2. Provide Equality Health with a County administrative contact person. The administrative
contact person is:
Meloney Baty
Healthy Start Director
3230 E Broadway Rd Suite A-200
Phoenix, Arizona 85040
Telephone Number: (602) 372-1166
D. EQUALITY HEALTH SHALL:
1) Share with its members the location and times that Healthy Start services are provided.
2) When services provided are deemed appropriate for a members needs and when members
consent, make referrals to South Phoenix Healthy Start through secure email, which de-identifies
any Protected Health Information,
3) Share with South Phoenix Healthy Start semiannual population health data on utilization rate.
E. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT:
1. NON-FUND OBLIGATING DOCUMENT
This instrument is neither a fiscal nor a funds obligation document. If applicable, any
endeavor or transfer of anything of value involving reimbursement or contribution of funds
between the parties to this instrument will be handled in accordance with applicable laws,
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Partnership Agreement No. C-86-19-
regulations, and procedures including those for Government procurement and printing. Such
endeavors will be outlined in separate agreements that shall be made in writing by
representatives of the parties and shall be independently authorized by appropriate statutory
authority. This instrument does not provide such authority. Specifically, this instrument does
not establish authority for noncompetitive award to the cooperator of any contract or other
agreement. Any contract or agreement for MCDPH services must fully comply with all
applicable requirements for competition.
2. EFFECTIVE DATE
This agreement will begin as of December 1, 2018 and end on March 31, 2019. Thereafter,
this Agreement will be automatically renewed for additional one (1) year terms without the
necessity of notice of action by either party, however may be terminated as provided by
options within this Agreement. Either party may terminate this Agreement upon 30 days prior
written notice.
3. MODIFICATION OR AMENDMENT
Modifications within the scope of the instrument shall be made by mutual consent of the
parties, by the issuance of a written modification or amendment, signed and dated by all
parties, prior to any changes being enacted.
4. TERMINATION
Either Party, in writing, may terminate the instrument in whole, or in part, with 30 days’ notice,
at any time before the date of expiration.
5. CLIENT CONFIDENTIALITY
Both parties understand and concur that this agreement is subject to all State and Federal
laws, including the Health Insurance Portability and Accountability Act (HIPAA), protecting
client confidentiality of health care information. Client/patient type confidentiality will be
maintained equally for all individuals presenting for services whether being provided by
MCDPH or Equality Health. The use or disclosure by either party of any information
concerning an individual served under this agreement is directly limited to the fulfillment of
this agreement.
6. LAWS, RULES AND REGULATIONS
Both parties understand and concur that this agreement is subject to all State and Federal
laws, rules and regulations that pertain hereto.
7. PARTICIPATION IN SIMILAR ACTIVITIES
This agreement in no way restricts MCDPH or Equality Health from participating in similar
activities with other public or private agencies, organizations, and individuals.
8. NON-LIABILITY
MCDPH and their respective officers and employees, shall not be liable for any act or
omission by the other party or other party’s subcontractor, employee, officer, agent, or
representative occurring in the fulfillment of this agreement.
9. INDEMNITY
Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other Party
(as "indemnitee") from and against any and all claims, losses, liability, costs, or expenses
(including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising
out of the negligent performance of this Agreement, but only to the extent that such claims
which result in vicarious/derivative liability to the indemnitee are caused by the act, omission,
negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents,
employees, or volunteers.
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Partnership Agreement No. C-86-19-
10. INSURANCE
10.1 Equality Health and its agents shall obtain and keep in force the following insurance to
be issued by insurance carriers with a minimum category rating in A.M. Best’s of B++ or
better, as set forth below:
a) Workers’ Compensation – Statutory Limit;
b) General Liability - $1,000,000;
c) Excess Liability - $3,000,000;
d) Automobile Liability - $1,000,000 (if applicable);
e) Professional Errors and Omissions Insurance - $1,000,000 each claim/ $3,000,000
Aggregate. Each professional or paraprofessional shall also carry Professional
Malpractice Insurance. This is in addition to the coverage required above.
10.2 Excluding insurance coverage for 10.1a) and 10.1e), County, its officers, directors,
agents and employees shall be named as Additional Insureds & Certificate Holders under
the policies of insurance set forth in Subsection 10.1, for any and all purposes arising out
of or connected to the Services provided pursuant to this Agreement.
10.3 County shall be a Certificate Holder for Subsection 10.1a.
10.4 Before providing the Services, as identified in Section D above, Equality Health shall
furnish County with certificates of insurance evidencing coverage required by this Article.
The certificates shall identify County as additional insured and shall be signed by a
person authorized by that insurer to bind coverage on its behalf.
10.5 All obligations for occurrence coverage shall survive termination of this Agreement.
Other insurance policies required hereby shall expressly provide that such policies shall
not be canceled, terminated or materially altered without thirty (30) days prior written
notice to County.
10.6 Equality Health shall, and shall cause its agents to comply at all times with all applicable
municipal, county, state, federal or other governmental laws, statutes, codes, regulations
and other requirements, including, without limitation, environmental health safety and
police requirements and regulations respecting the premises used. This compliance
shall be at Equality Health’s sole cost and expense. Equality Health shall be solely
responsible for any and all chemical or toxic waste or other “hazardous material”
disbursement or release and will be solely responsible for the actual “clean-up” should
any material be released. In addition, Equality Health will be responsible for any cost
and expense associated with said clean-up. As used herein, the term “hazardous
materials” shall mean any materials identified as “hazardous materials” in any municipal,
county, state, federal or other governmental laws, statutes, codes and regulations. This
includes, but is not limited to, blood and bodily fluids.
10.7 All insurance obligations of this Article shall survive termination of this Agreement.
11. COMMUNICATION
Each party agrees to notify the other, in writing, of changes in policy which may affect this
agreement. Notification to be made to the attention of the principal contacts identified in
Sections C and D above.
12. This Agreement is subject to the provision in A.R.S. § 38-511.
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Partnership Agreement No. C-86-19-
13. PRINCIPAL CONTACTS
The principal contacts for this agreement are:
Maricopa County, by and through its Equality Health
Department of Public Health
Name: Meloney Baty Name: Anabell Castro Thompson
Phone: 602- 372-4410 Phone: 602-372-4410 / Fax: 602-276-3209
FAX: 602- 276-3209 Email: acthompson@equalityhealth.com
E-Mail: Meloney.baty@maricopa.gov
Office of Acquisition and Grants Management
Department of Public Health
Grant/Contract Administrator
Phone: 602-372-0674
FAX: 602-506-6885
E-Mail: katherinemason@mail.maricopa.gov
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Partnership Agreement No. C-86-19-
IN WITNESS WHEREOF, the parties agree to the changes indicated herein:
FOR AND ON BEHALF OF FOR AND ON BEHALF OF
MARICOPA COUNTY, By and through EQUALITY HEALTH
its Department of Public Health
By By
Bill Gates Anabell Castro Thompson
Chairman, Board of Supervisors MSN, APRN, NP-C, FAAN
Senior Vice-President
Date Date
ATTEST:
Clerk of the Board
Date
APPROVED AS TO FORM: APPROVED AS TO FORM:
Attorney for Maricopa County Signature
DATE: DATE: ______
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