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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
P-50296
AGREEMENT FOR THE USE OF FACILITIES
This Agreement (the "Agreement") is entered into by and between Maricopa County ("County") through its
Department of Public Health (IVICDPH) and Peoria Unified School District., an Arizona Unified School District
("PUSD.").
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 PUSD 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, PUSD 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, PUSD 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 PUSD
understands that the uses addressed in the Agreement are those for which applicable law and
Page 1 of 5
conditions dictate that County's uses of the Sites take priority over those of PUSD. PUSD's sole
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 PUSD Representative with notice immediately of any need to
use one of the Sites, and the types of uses for which the Site is required:
Kenneth Hicks, Chief Financial Officer
Peoria Unified School District
6330 West Thunderbird Road
Glendale AZ, 85306
Phone: 623-486-6006
Cell: 623-521-7779
Fax: 623-486-6009
Email: khieks@peoriaud .k12. az. u s
The PUSD Representative will advise the Site Representative (if not the same person) promptly of the
County's need to use the Site. County may also contact the Site Representative directly through the
emergency numbers provided to it. PUSD 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 Sheriffs Office is the lead agency for
security.
1.5. During and after the use of a Site, County will mange 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 PUSD 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 PUSD 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, PUSD 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 PUSD
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 PUSD, 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, PUSD 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 PUSD, 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 PUSD with certificates of self-insurance evidencing
the coverages and limits listed below at the following address:
Kenneth Hicks, Chief Financial Officer
Peoria Unified School District
6330 West Thunderbird Road
Glendale AZ, 85306
Email: khicks@peoriaud.k12.az.us
County's insurance must be primary, and any insurance or self-insurance maintained by PUSD 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'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 $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.
Partner Agency
MCDPH MOU 11262012 Page 3 of 6
PUSD 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, PUSD may submit required coverage under a self-insured program. At the signing of this
Agreement, PUSD 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 PUSD 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 PUSD, or any person employed by PUSD, 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 County.
4. Termination. This Agreement shall continue for three years from signature or 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. PU SD warrants that it is in compliance with A.R.S. § 41-4401 and
further acknowledges:
6.1 That PUSD 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 PUSD or subcontractor employee who
performs work under this Agreement to ensure that PUSD or subcontractor performing work under this
Agreement is complying with the warranty provided under subsection 6.1 above and that PUSD agrees to
make all papers and employment records of said employee(s) available during normal working hours in
order to facilitate such an inspection.
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
MCDPI-I MOU 11262012 Page 4 of 6
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: 602-372-2651
Email: OPR@mail.marieopa.gov
For Peoria Unified School District
Kenneth Hicks, Chief Financial Officer
6330 West Thunderbird Road
Glendale AZ, 85306
Phone: 623-486-6006
Fax: 623-486-6009
Email: khicks@peoriaud.k12. az. us
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.
MCDPI-1 MOU 11262012 Page 5 of 6
COUNTY: P USD:
MARICOPA COUNTY Peoria Unified School District
BOARD OF SUPERVISORS
By: By:
Chairman of the Board
Title:
Date: Date:
A I _LEST:
By:
Clerk of the Board
Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
'411 By:
Date: f0 - I — Date 9 2 3
Exhibit "A"
Sites
MCDPH MOU 11262012 Page 6 of 6
Cactus High Centennial High
6330 W Greenway Road 14388 N 79rhAve
Glendale AZ 85306 Peoria AZ 85381
Principal Kristi Hammer 623-412-5002 (c) 623-512- Christine Lopezlira 623-412-4402 (c) 623-512-
2213 2226
Secretary Blythe 623-412-5001 Kathy Fitzgerald 623-412-4401
"Luree"
Harrington
Asst Princ Tony Vining 623-412-5004 (c) 623-512- Adam Wolfe 623-412-4423 (c) 602-292-
Aend Serv 2180 2306
Asst Princ David Serafin 623-412-5034 (c) 623-512- Brandi Steele 623-412-4404 (c) 623-293-
Student Act 2040 1751
Liberty High Ironwood High
9621 W Speckled Gecko Dr. 6051 W Sweetwater Ave
Peoria AZ 85383 Glendale AZ 85304
Principal John Croteau 623-773-6527 (c) 623-512- Vance Setka 623-486-6402 (c) 623-512-
2097 2181
Secretary Kathleen 623-773-6526 Kelly Gronewold 623-486-6401
Fischer
Asst Princ Pat Redl 623-773-6537 (c) 623-692- Russ Dunham 623-486-6421 (c) 602-703-
Aead Serv 6022 5218
Asst Prim Barbara 623-773-6529 (c) 602-525- Susan Schmit 623-486-6403 (c) 623-680-
Student Act Coakley 4682 1209
Peoria High Raymond S. Kellis High
11200 N 83rd Ave 8990 W Orangewood Ave
Peoria AZ 85345 Glendale AZ 85305
Principal Paul Bower 623-486-6302 (c) 623-872- Jeff Wooten 623-412-5427 (c) 623-256-
9596 2804
Secretary Arlene Bruce 623-486-6301 Laura Goble 623-412-5426
Asst Princ Rosa 623-486-6320 (c)•623-640- Monique Molina 623-412-5448 (c) 623-293-
Aead Serv McCollum 2607 0566
Asst Princ Cedricia Hester 623-486-6303 (c) 623-512- Stanley Patterson 623-412-5428 (c) 623-512-
Student Act 2059 2170
Peoria Flex Academy
Sunrise Mountain High 11200 N 83rdAve
21200 N 831dAve Peoria AZ 85345
Peoria AZ 85382
Principal David Svorinic 623-487-5127 (e) 623-512- Cyhill Jacob 623-412-5477 (c) 623-512-
6945 2048
Secretary Jackie 623-487-5126 Theresa Essig 623-412-5476
Mutelder
Asst Princ Christine 623-487-5129 (c) 623-512- N/A
Acad Seri Gutierrez 2135
Asst Princ Clay Carpenter 623-487-5159 (c) 623-512- N/A
Student Act 2147
MCDPH MOU 11262012 Page 7 of 6