SNS WITH SUN CITY WEST (00).PDF

MARICOPA COUNTY THROUGH ITS DEPARTMENT OF PUBLIC HEALTH OFFICE OF
PREPAREDNESS AND RESPONSE
4041 N. Central Ave., Suite 600 Phoenix, AZ 85012
AGREEMENT TO PROVIDE STRATEGIC NATIONAL STOCKPILE ASSETS
This Agreement is entered into by and between Maricopa County (County), through the Maricopa County
Department of Public Health (MCDPH) and Recreation Centers of Sun City West, Inc. ("Sun City West") for the
purpose of distributing medications, other medical materials and information to Sun City West for dispensing to
Sun City West employees, their families and the residents (the "Authorized Recipients") in the event of a public
health emergency. MCDPH or Sun City West may individually be referred to in this Agreement as a "Party" or
the entities collectively as the "Parties."
RECITALS
WHEREAS, pursuant to A.R.S. §36-787, when there is a state of emergency or state of war emergency in
which there is an occurrence or imminent threat of an illness or health condition that threatens the public health,
the Arizona Department of Health Services ("ADHS") has the responsibility for planning and executing public
health emergency assessment, mitigation, preparedness response and recovery for the state, and coordinating
public health emergency response among state, local and tribal authorities; and in furtherance of its responsibility
ADHS has entered into an agreement with Maricopa County through MCDPH to develop and enhance the state's
emergency response capabilities; and
WHEREAS, pursuant to A.R.S. §26-308, Maricopa County and each incorporated city and town has the
responsibility for establishing and providing for emergency management within its jurisdiction in accordance with
state emergency plans and programs; and
WHEREAS, by resolution adopted by the Maricopa County Board of Supervisors, the Maricopa County
Department of Emergency Management defines authorities and duties regarding emergency plans and programs
related to emergency services, and the Maricopa County Department of Emergency Management has
acknowledged the MCDPH as the Lead County Agency for the Health and Medical Emergency Support Function,
and the Strategic National Stockpile ("SNS") Points of Dispensing ("POD") are integral to a Public Health
Emergency Response; and
WHEREAS, the MCDPH has created the Office of Preparedness and Response ("OPR") to coordinate
and prepare a Health and Medical plan to support the Maricopa County Emergency Operations Plan, and to
respond to a Public Health Emergency in which there is an occurrence or imminent threat of an illness or health
condition caused by a natural event, bioterrorism, an epidemic or pandemic disease or a highly fatal infectious
agent or biological toxin that poses a substantial risk to public health; and
WHEREAS, OPR has been asked by Sun City West to provide Sun City West with SNS assets at its
location, 19803 R.H. Johnson Blvd., Sun City West, AZ 85375, as may be necessary to respond to a public
health emergency; and
WHEREAS, MCDPH and OPR wish to cooperate with Sun City West by providing Sun City West with
SNS assets for distribution to the Authorized Recipients in the event of such a public health emergency;
NOW, THEREFORE, the Parties agree as follows:
1. Delivery of SNS assets
1.1. ln the event of a public health emergency, MCDPH through OPR will deliver to Sun City West
medications, vaccinations, dispensing information or such other SNS materials as available and
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may be necessary to respond to a public health emergency, under the conditions specified in this
Agreement. Sun City West understands that such SNS assets cannot be provided by MCDPH
until said assets are released by the Arizona Department of Health Services and the Division of
Strategic National Stockpile Program to OPR. Sun City West's responsibilities under this
Agreement are to take custody of the assets for the purpose of dispensing to the Authorized
Recipients, and to cooperate with MCDPH to ensure the accessibility of the Sun City West
delivery site at 19803 R.H. Johnson Blvd., Sun City West, AZ 85375, as a delivery point.
1.2 MCDPH will provide Sun City West with notice as soon as possible when an event triggers the
activities under this Agreement. The Sun City West contact for MCDPH is:
Denise M. Babirak
Human Resource Officer
Recreation Centers of Sun City West, Inc.
19803 R.H. Johnson Blvd.
Sun City West, AZ 85375
(623) 544-6123 (office)
Denise.Babirakgsuncitywest,com
623 544-6124 (fax)
The MCDPH contact will promptly advise the Sun City West of MCDPH's intent to deliver SNS
assets to that location. MCDPH may also contact the delivery site directly if need be. The Sun
City West contact will be responsible for coordinating MCDPH's access to the delivery site, for
offloading the SNS assets, and for security and appropriate storage of the SNS assets once
delivered. The Parties agree to exchange whatever information is necessary to facilitate planning
and coordination in preparation for delivery of SNS assets to Sun City West.
1.3. MCDPH will deliver sufficient SNS assets to Sun City West to serve an estimated targeted
population of 30,000 Authorized Recipients provided appropriate and secure storage facilities for
materials or antibiotics are available. Depending upon the supply, MCDPH may provide more
medical countermeasures, if requested and needed. If SNS assets received by MCDPH are limited
and MCDPH is unable to supply the entire amount required for Sun City West, 1V1CDPH will
determine an allocation for Sun City West based on an analysis of the current situation.
Personnel, supplies, and equipment needed to dispense to the service population, such as copy
machines and paper, furniture such as tables and chairs, and other items, will be supplied by Sun
City West.
1.4. Sun City West agrees to dispense SNS assets using Sun City West personnel or volunteers who
have the appropriate licensure, training, and/or certification to dispense SNS assets, to dispense
SNS assets only to the Authorized Recipients as specified under OPR guidelines, to distribute
product information sheets provided by OPR, to return to OPR any excess SNS assets inventory,
to provide OPR approved documentation of all dispensing, and to reconcile SNS assets received
with those dispensed and those returned to OPR, Sun City West agrees not to charge for SNS
assets or for any of the services provided as part of the administration or dispensing of SNS assets
unless agreed upon separately in writing.
1.5. As a condition of this Agreement and prior to the distribution of any SNS assets to Sun City
West, Sun City West agrees to arrange sufficient time for the personnel who would be involved in
SNS asset distribution at Sun City West to participate in an OPR-provided training on the
procedures for dispensing of SNS assets. The minimum number of people to attend the training
for Sun City West will be mutually agreed upon.
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1.6 During transfer of custody of SNS assets to Sun City West at 19803 R.H. Johnson Blvd., Sun
City West, AZ 85375, Sun City West will be responsible for offloading and moving the assets to
the storage area Sun City West plans to utilize, and for sufficient security to maintain order and
safeguard persons against bodily injury. The Maricopa County Sheriff's Office is the lead agency
for security during transport and delivery of assets to the Sun City West delivery site.
1.7 Sun City West agrees to utilize dispensing information, including prophylaxis or treatment
dispensing algorithms, guidelines, and patient information forms, provided by OPR and to
provide OPR with a completed patient information form within 48 hours for each person to whom
SNS assets were dispensed. Sun City West agrees to have trained employees (Section 1.5)
oversee the dispensing of SNS assets to the Authorized Recipients.
2. Indemnification. To the fullest extent permitted by law, County shall defend, indemnify, and hold
harmless Sun City West, its agents, officers, officials, and employees from and against all claims,
damages, losses, and expenses (including but not limited to attorney's fees and court costs) arising from
the acts, errors, mistakes, omissions, work or service of County, its agents, employees, or volunteers or
any tier of its contractors in the performance of this Agreement. The amount and type of insurance
coverage requirements of the Agreement will in no way be construed as limiting the scope of
indemnification in this Paragraph. The terms of this section survive the termination, expiration, non-
renewal, or rescission of this Agreement.
To the fullest extent permitted by law, Sun City West shall defend, indemnify and hold harmless County,
its agents, officers and employees from and against all claims, damages, losses and expenses (including
but not limited to attorney's fees and court costs) arising from the acts, errors, mistakes, omissions, work
or service of Sun City West, its agents, employees, or volunteers or any tier of its contractors in the
performance of this Agreement. The amount and type of insurance coverage requirements of the
Agreement will in no way be construed as limiting the scope of the indemnification in this Paragraph.
The terms of this section survive the termination, expiration nonrenewal, or rescission of this Agreement.
3. Insurance. County shall maintain a self-insurance program under the Revised Restated Declaration of
Trust for Maricopa County, Arizona Self-Insured Risk Trust Fund during the term of this Agreement. At
the signing of this Agreement, County shall furnish Sun City West with certificates of self-insurance
evidencing the coverages and limits listed below at the following address:
Denise M. Babirak
Human Resource Officer
Recreation Centers of Sun City West, Inc.
19803 R.H. Johnson Blvd.
Sun City West, AZ 85375
(623) 544-6123 (office)
Denise.Babirak@suncitywest.com
623 544-6124 (fax)
County's insurance must be primary, and any insurance or self-insurance maintained by Sun City West
shall not contribute to it. If any part of this Agreement is contracted, these insurance requirements also
apply to all contractors.
Insurance coverage required under this Agreement is as set forth below (or the equivalent coverage with
respect to Maricopa County or any other self-insured entity):
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iViaricopa County:
3.1. Commercial General Liability insurance with a limit of not less than $2,000,000 per occurrence
for bodily injury, property damage, personal injury, products and completed operations, and
blanket contractual coverage, including but not limited to, the liability assumed under the
indemnification provisions of this Agreement;
3.2. Automobile Liability insurance with a combined single limit for bodily injury and property
damage of not less than $2,000,000 each occurrence with respect to County's owned, hired, and
non-owned vehicles;
3.3. Workers' Compensation insurance with limits statutorily required by any Federal or state law
and Employer's Liability insurance of not less than $2,000,000 for each accident, $2,000,000
disease for each employee, and $2,000,000 disease policy limit; and
3.4. Professional Liability insurance covering acts, errors, mistakes, and omissions arising out of the
work or services performed by County, or any person employed by County, with a limit of not
less than $2,000,000 each claim.
Receiving Agency:
Sun City West shall maintain during the term of this Agreement insurance policies described below
issued by companies licensed in the State of Arizona with a current AM Best, Inc. rating of B++ VII or
better. In the alternative, Sun City West may submit required coverage under a self-insured program. At
the signing of this Agreement, Sun City West shall furnish County with Certificates of Insurance or Self-
Insurance evidencing the required coverages, conditions and limits required by this Agreement.
3.5. Commercial General Liability insurance with a limit of not less than $500,000 per occurrence
for bodily injury, property damage, personal injury, products and completed operations, and
blanket contractual coverage, including but not limited to, the liability assumed under the
indemnification provisions of this Agreement;
3.6. Automobile Liability insurance with a combined single limit for bodily injury and property
damage of not less than $500,000 each occurrence with respect to Sun City West's owned, hired,
and non-owned vehicles;
3.7. Workers' Compensation insurance with limits statutorily required by any Federal or state law
and Employer's Liability insurance of not less than $500,000 for each accident, $500,000
disease for each employee, and $500,000 disease policy limit; and
3.8. Professional Liability insurance covering acts, errors, mistakes, and omissions arising out of the
work or services performed by Sun City West, or any person employed by Sun City West, with a
limit of not less than $500,000 each claim.
In the event any insurance policies required by this Agreement are written on a "claims made" basis,
coverage shall extend for two years past expiration of the Agreement and must be evidenced by annual
Certificates of Insurance upon request from County.
4. E-verification of employees:
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Sun City West warrants that it is in compliance with A.R.S. § 41-4401 and further acknowledges:
4.1 That Sun City West and its subcontractors, if any, performing work under this Agreement warrant
their compliance with all federal immigration laws and regulations that relate to their employees
and their compliance with A.R.S. § 23-214, subsection A;
4.2 That a breach of a warranty under subsection 4.1 above, shall be deemed a material breach of this
Agreement that is subject to penalties up to and including termination of the Agreement;
4.3 That County retains the legal right to inspect the papers of Sun City West or subcontractor
employee who performs work under this Agreement to ensure that Sun City West or
subcontractor performing work under this Agreement is complying with the warranty provided
under subsection 4.1 above and that Sun City West agrees to make all papers and employment
records of said employee(s) available during normal working hours in order to facilitate such an
inspection.
5. Nothing herein shall make Sun City West or any subcontractor an agent or employee of County.
6. Termination. Either party may terminate this Agreement at any time by giving 90 days written notice to
the other party, but in no case after the declaration of a Public Health Emergency, until it has been
determined and declared to be ended.
7. Cancellation. This Agreement is subject to cancellation pursuant to the terms of A.R.S. §38-5 1 I
8. Notices. Any notices hereunder shall be written notices, personally delivered to the other party, except
that in the event of a Public Health Emergency, notice may be given by any means, to be followed by
written, personally delivered notice, as soon as is reasonably practicable. Such personally delivered
notice shall be at the following addresses:
For County:
Program Manager
Maricopa County Department of Public Health
Office of Preparedness and Response
4041 N. Central Avenue, Suite 600
Phoenix, AZ 85012
Tel: 602-506-2651
Email: OPR@mail.maricopa.gov
For Sun City West
Denise M. Babirak
Human Resource Officer
Recreation Centers of Sun City West, Inc.
19803 Refl. Johnson Blvd.
Sun City West, AZ 85375
(623) 544-6123 (office)
Denise.Babiralc@suncitywest.com
623 544-6124 (fax)
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9. Use of Name. County shall not use the names or trademarks of Sun City West or of any of Sun City
West's affiliated entities in any advertising, publicity, endorsement, or promotion unless Sun City West
has provided prior written consent for the particular use contemplated. All requests for approval pursuant
to this Section must be submitted to the Sun City West at least 5 business days prior to the date on which
a response is needed. The terms of this Section survive the termination, expiration, non-renewal, or
rescission of this Agreement.
10. Amendments. This Agreement may not be amended or modified except in writing signed by both parties
and identified as an amendment to this Agreement.
11. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties, their
successors and assigns.
12. Waiver. The failure of either party to complain of any default by the other party or to enforce any of such
party's rights, no matter how long such failure may continue, will not constitute a waiver of the party's
rights under this Agreement. The waiver by either party of any breach of any provision of this Agreement
shall not be construed as a waiver of any subsequent breach of the same or any other provision. No part of
this Agreement may be waived except by the further written agreement of the parties.
13. Entire Agreement. This Agreement together with the Attachments hereto constitutes the entire
agreement between the parties with respect to its subject matter and supersedes all past and
contemporaneous agreements, promises, and understandings, whether oral or written, between the parties.
14. Assignment. This Agreement may not be assigned by either party without the prior written consent of the
other party. Any purported assignment in violation of this clause is void. Such written consent, if given,
shall not in any manner relieve the assignor from liability for the performance of this Agreement by its
assignees.
15. Severability. In the event any provision of this Agreement is held to be invalid or unenforceable, the
remainder of this Agreement shall remain in full force and effect as if the invalid or unenforceable
provision has never been a part of the Agreement.
16. Independent Contractor Status. It is mutually understood and agreed that the relationship between the
parties is that of independent contractors. Neither party is the agent, employee, or servant of the other.
Except as specifically set forth herein, neither party shall have nor exercise any control or direction over
the methods by which the other party performs work or obligations under this Agreement. Further,
nothing in this Agreement is intended to create any partnership, joint venture, lease or equity relationship,
expressly or by implication, between the parties.
17. Counterparts. This Agreement may be executed in any number of counterparts which, when taken
together, will constitute one original, and photocopy, facsimile, electronic or other copies shall have the
same effect for all purposes as an ink-signed original.
18. Representation on Authority of Parties/Signatories. Any individual executing this Agreement on
behalf of a Party represents and warrants to the other Party that they are duly authorized to execute this
Agreement on behalf of such Party, and that upon their signature this Agreement shall be binding upon
the Parties.
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Denny Barney
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