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MARICOPA COUNTY THROUGH ITS DEPARTMENT OF PUBLIC HEALTH OFFICE OF PREPAREDNESS AND
RESPONSE
4041 N. Central Ave., Suite 600 Phoenix, AZ 85012
AGREEMENT FOR THE USE OF FACILITIES
This Agreement (the "Agreement") is entered into by and between Maricopa County through its Department of
Public Health (MCDPH) and Mesa Public Schools., an Arizona Unified School District ("MPS.").
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 County through MCDPH to develop and enhance the state's
emergency response capabilities; and
WHEREAS, pursuant to A.R.S. §26-308, 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 County 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 wishes to use the physical facilities belonging to MPS at the sites identified in Exhibit
A ("Sites") for mass vaccination, dispensing of medication or information or such other use as may be necessary
to respond to a public health emergency; and
WHEREAS, MPS wishes to cooperate with County and OPR by providing its facilities in the event of
such a public health emergency;
NOW, THEREFORE, the parties agree as follows:
1. Use of the Sites.
In the event of a Public Health Emergency, MPS will permit County through OPR to use the Sites
for vaccinations, dispensing of medication or information or such other use as may be necessary to
respond to a Public Health Emergency, under the conditions specified in this Agreement MPS
understands that the uses addressed in the Agreement are those for which applicable law and
conditions dictate that County's uses of the Sites take priority over those of MPS. MPS's sole
Page 1 of 5
responsibility under this Agreement is to make the Sites available to County, and to cooperate with
County to ensure the availability of the Sites.
1,2 County will provide the following MPS Representative with notice immediately of any need to
use one of the Sites, and the types of uses for which the Site is required:
Peter V. Lesar Al Moore
Associate Superintendent Director of School Safety and Security
Mesa Public Schools Mesa Public Schools
63 East Main Street #101 63 East Main Street #101
Mesa, AZ 85201 Mesa, AZ 85201
Telephone: 480-472-0205 Telephone: 480-472-1152
Cell: 602-826-9658 Cell: 602-390-0926
Fax: 480-472-0489 Fax: 480-472-1160
Email: pvlesar@mpsaz.org Email: annoore@mpsaz.org
The MPS Representative will advise the Site Representative (if not the same person) promptly of the
County's need to use the Site. MCDPH may also contact the Site Representative directly through the
emergency numbers provided to it. MPS Representative and the Site Representative will be responsible
for coordinating the County's use of the Site for the Public Health Emergency. The parties agree to
exchange whatever information is necessary to facilitate planning and coordination in preparation for the
use of the Sites.
1.3. County will bring to the Sites all of the equipment and supplies needed for its use, but may
request appropriate storage facilities for vaccine materials, or antibiotics, as well as the use of
copy machines and paper. In order to meet the Public Health Emergency needs, County may
request that the Site provide it with the use of furniture, such as tables and chairs, and other items
that are standard to a classroom, such as the use of blackboards. The Site will use its best efforts
to provide that furniture and those items. County will be solely responsible for removing any and
all biohazardous and hazardous waste from the Sites, and for complying with all laws that relate
to its activities in responding to the Public Health Emergency.
1,4. During Public Health operations, the Maricopa County Sheriff's Office is the lead agency for
security.
1.5. During and after the use of a Site, County will arrange for custodial staff sufficient to leave the
Site in as good a condition as it was before the use, reasonable wear and tear excepted. County
will be responsible for the agreed upon costs of repairs to the Sites caused by its activities on the
Sites.
1.6. County will make reasonable, good faith efforts to ensure that the public understands that its
activities on the Sites responding to a Public Health Emergency are not activities of MPS to the
extent it is practical to do so. County may include such notices in written information that it
provides to the public providing information generally about the Public Health Emergency.
1.7. County and MPS will determine in writing any fees applicable to County's use of facilities. To
the extent that the parties agree in writing to payment or reimbursement of specific expenses and
fees, MPS will provide County with documentation relating to those expenses as a precondition
to County being obligated to pay them.
1.8. County, to the extent practical under the circumstances, will abide by applicable laws and MPS
policies and rules relating to the use of its facilities.
MCDPH MOU 11262012 Page 2 of 6
2. Indemnification. To the fullest extent permitted by law, County shall defend, indemnify, and hold
harmless MPS, 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, MPS 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 MPS, 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 MPS with certificates of self-insurance evidencing the
coverages and limits listed below at the following address:
Legal Services
Mesa Public Schools
63 East Main Street 11101
Mesa, AZ 85201
Telephone: 480-472-0208
Fax: 480-472-0489
County's insurance must be primary, and any insurance or self-insurance maintained by MPS 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 County or any other self-insured entity):
Maricopa County
3.1. Commercial General Liability insurance with a limit of not less than $1,000,000 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 $1,000,000 each occurrence with respect to County 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 $1,000,000 for each accident, $1,000,000
disease for each employee, and $1,000,000 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 $1,000,000 each claim.
MCDPH MOU 11262012 Page 3 of 6
Partner Agency
MPS 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 A- VII or better. In the
alternative, MPS may submit required coverage under a self-insured program. At the signing of this
Agreement, MPS 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 $1,000,000 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;
3.6. Automobile Liability insurance with a combined single limit for bodily injury and property
damage of not less than $1,000,000 each occurrence with respect to MPS 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 $1,000,000 for each accident, $1,000,000
disease for each employee, and $1,000,000 disease policy limit; and
3.8. Professional Liability insurance covering acts, errors, mistakes, and omissions arising out of the
work or services performed by MPS, or any person employed by MPS, with a limit of not less
than $1,000,000 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 MCDPH.
4. Termination. This Agreement shall continue until terminated by either party. Either party may
terminate this Agreement at any time by giving 30 days written notice to the other party.
5. Cancellation. This Agreement is subject to cancellation pursuant to the terms of A.R.S. §§ 38-511.
6. E-verification of employees: MPS warrants that it is in compliance with A.R.S. § 41-4401 and further
acknowledges:
6.1 That MPS 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;
6.2 That a breach of a warranty under subsection 6.1 above, shall be deemed a material breach of this
Agreement that is subject to penalties up to and including termination of the Agreement;
6.3 That County retains the legal right to inspect the papers of MPS or subcontractor employee who performs
work under this Agreement to ensure that MPS or subcontractor performing work under this Agreement is
complying with the warranty provided under subsection 6.1 above and that MPS agrees to make all
papers and employment records of said employee(s) available during normal working hours in order to
facilitate such an inspection.
MCDPH MOU 11262012 Page 4 of 6
7. 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: For Mesa Public Schools:
Program Manager Michael B Cowan
Maricopa County Department of Public Health Superintendent
Office of Preparedness and Response Mesa Public Schools
4041 N. Central Avenue, Suite 600 63 East Main Street #101
Phoenix, AZ 85012 Mesa, AZ 85201
Tel: 602-372-2651 Tel: 480-472-0200
Email: OPR@mail.maricopa.gov Fax: 480-472-0489
8. 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.
9. Mesa Public Schools may amend or add the name and contact information for the MPS Representatives
or the Site Representatives designated in this Agreement by written notice pursuant to Section 7.
MCDPI-IMOL1 11262012 Page 5 of 6
COUNTY: MPS:
MARICOPA COUNTY Mesa Public Schools
BOARD OF SUPERVISORS
By: By: GIAJCLI-t,
Chairman of the Board Superintendent
Date: Date: 7/3bia,
ATTEST:
By:
Clerk of the Board
Date:
APPROVED AS TO FO
By:
General Counsel
- 2o -/-6
Date: Date:
MCDPH MOD 11262012 Page 6 of 6
FAX 472-3075 472-5995 472-7269 472-6983 472-8008 472-9406 472-4509
SCHOOL (480) (480) (480) (480) (480) (480) (480)
SCHOOL TELEPHONE 472-3000 472-5900 472-7250 472-6900 472-8000 472-9400 472-4400
(480) (480) (480) (480) (480) (480) (480)
of
CONTACT Principal 472-3054 samohn@mpsaz.org Schmidt Principal 472-5980 scschmidt@mpsaz.org Director Education 472-7253 bbwallace@mpsaz.org Perrin Principal 472-6903 rpperrin@mpsaz.org Principal 472-8189 jcgowdy@mpsaz.org Munoz Principal 472-9410 mamunoz@mpsaz.org Castro Principal 472-4404 mrcastro@mpsaz.org
Mohn Scott Assistant (480) Scott Assistant (480) Wallace, Tot Community (480) Roxanne Assistant (480) Gowdy Jim Assistant (480) Mark Assistant (480) Reggie Assistant (480)
ZIP 85202- 7575 85204- 5220 85210- 3401 85213- 5315 85207- 3803 85208- 2564 85201- 3902
Sites
"A" CITY MESA MESA MESA MESA MESA MESA MESA
Exhibit
NUMBER ROAD AVE. SALADO
AVE. BROWN BROWN CRISMON
STREET W. GUADALUPE EAST SOUTHERN 8th W. E. E. S. RIO PARKWAY
1501 1630 855 2700 ROAD 7301 ROAD 845 ROAD 945W.
SCHOOL VIEW HIGH
NAME HIGH HIGH EDUCATION SCHOOL MOUNTAIN SCHOOL HIGH
DOBSON SCHOOL MESA MESA CENTER MOUNTAIN HIGH RED HIGH SKYLINE SCHOOL WESTWOOD SCHOOL
UNIFIED UNIFIED UNIFIED UNIFIED UNIFIED UNIFIED UNIFIED
DISTRICT
MESA MESA MESA MESA MESA MESA MESA
1. 2. 3. 4. 5. 6. 7.