AGREEMENTO RE STRATEGIC NATIONAL STOCKPILE ASSETS WITH ASU.PDF

MARICOPA COUNTY 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, through the Maricopa County Department of
Public Health (MCDPH) and The Arizona Board of Regents, a body corporate, for and on behalf of Arizona State
University ("ASU") for the purpose of distributing medications, other medical materials and information to ASU
for dispensing to ASU employees, their families and ASU students ("Authorized Recipients") in the event of a
public health emergency. MCDPH or ASU 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 defmes 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 ASU to provide ASU with SNS assets at its location, ASU Student
Health Services, Health Services Building, 451 E. University Drive, Tempe, AZ 85287, as may be necessary to
respond to a public health emergency; and
WHEREAS, MCDPH and OPR wish to cooperate with ASU by providing ASU 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. In the event of a public health emergency, MCDPH through OPR will deliver to ASU
medications, vaccinations, dispensing information or such other SNS materials as available and
may be necessary to respond to a public health emergency, under the conditions specified in this
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Agreement. ASU 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. ASU'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 ASU delivery site at ASU Student Health
Services, Health Services Building, 451 E. University Drive, Tempe, AZ 85287, as a delivery
point.
1.2 MCDPH will provide ASU with notice as soon as possible when an event triggers the activities
under this Agreement. The ASU contacts for MCDPH are:
Allen Clark
Director of Emergency Preparedness
Arizona State University
P.O. Box 871812
Tempe, AZ 85287- 1812
Phone: 480 965-6328
Ailen.ClarkliiJasu.edu
Allan L Markus MD MS MBA FACP
Director, Campus Health Service
Arizona State University
Clinical Associate Professor
University of Arizona College of Medicine
(480) 965-1145 work
(602) 999-1280 cell
Allan.Markusaasu.edu
Stephanie R. Schroeder
Physician, Chief of Medical Staff
Arizona State University
ASUHS Executive Team
(480) 965-4356
Stefanie.Schroeder@asu.edu
The MCDPH contact will promptly advise ASU of MCDPH's intent to deliver SNS assets to that
location. MCDPH may also contact the delivery site directly if need be. The ASU 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 and lawfully permissible to facilitate planning and
coordination in preparation for delivery of SNS assets to ASU.
1.3. MCDPH will deliver sufficient SNS assets to ASU to serve an estimated targeted population of
150,000 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 ASU, MCDPH will determine an
allocation for ASU 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 ASU.
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1.4. ASH agrees to dispense SNS assets using ASU 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 (Closed POD Training); 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. ASU 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 ASU, ASU
agrees to arrange sufficient time for the personnel who would be involved in SNS asset
distribution at ASU 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 ASU will be mutually
agreed upon.
1.6 During transfer of custody of SNS assets to ASU at ASU Student Health Services, Health
Services Building, 451 E. University Drive, Tempe, AZ 85287, ASU will be responsible for
offloading and moving the assets to the storage area ASU 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 ASU
delivery site.
1.7 ASU 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. ASU agrees to have trained employees (Section 1.5) oversee the dispensing of SNS
assets to the Authorized Recipients.
2. Indemnification. 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 bodily injury of
any person (including death) or property damage, 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.
Insurance. MCDPH 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, MCDPH shall furnish ASU with certificates of self-insurance evidencing
the coverages and limits listed below at the following address:
Bruce Hooper
University Risk Manager
Arizona State University
P.O. Box 871812
Tempe, AZ 85287 - 1812
Phone: 480 965-6328
Bruce.Hooper@asu.edu
MCDPH's insurance must be primary, and any insurance or self-insurance maintained by ASH shall not
contribute to it. If any part of this Agreement is contracted, these insurance requirements also apply to all
contractors.
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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):
Maricopa 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 MCDPH'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 MCDPH, or any person employed by MCDPH, with a limit of not
less than $2,000,000 each claim.
Receiving Agency:
ASU warrants and represents that ASU is insured through the State of Arizona, Department of
Administration, Risk Management Section for coverage equal to the types and amounts set forth in 3.5
through 3.8 below. At the signing of this Agreement, ASU shall furnish MCDPH 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 $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;
3.6. 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 ASU'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 $2,000,000 for each accident, $2,000,000
disease for each employee, and $2,000,000 disease policy limit; and
3.8. Professional Liability insurance covering acts, errors, mistakes, and omissions arising out of the
work or services performed by ASU, or any person employed by ASU, with a limit of not less
than $2,000,000 each claim.
4. E-verification of employees:
Both Parties warrants that they are in compliance with A.R.S. § 41-4401 and further acknowledges:
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4.1 That each Party 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 either Party retains the legal right to inspect the papers of the other Party or subcontractor
employee who performs work under this Agreement to ensure that the Parties or subcontractors
performing work under this Agreement are complying with the warranty provided under
subsection 4.1 above and that each Party 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 either Party or any subcontractor an agent or employee of the other Party.
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. §38-511.
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 MCDPH/OPR:
Program Manager
Marieopa 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 ASU:
Allan L Markus MD MS MBA FACP
Director, Campus Health Service
Arizona State University
Clinical Associate Professor
University of Arizona College of Medicine
(480) 965-1145 work
(602) 999-1280 cell
Allan.Markus@asu.edu
9. Use of Name. MCDPWOPR shall not use the names or trademarks of ASU or of any of ASU's affiliated
entities in any advertising, publicity, endorsement, or promotion unless ASU has provided prior written
consent for the particular use contemplated. All requests for approval pursuant to this Section must be
submitted to the ASU 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.
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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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MCDPH: ASU:
MARICOPA COUNTY ARIZONA BOARD OF REGENTS
DEPARTMENT OF PUBLIC HEALTH FOR AND ON BEHALF OF ARIZONA
STATE UNIVERSITY
MARICOPA COUNTY BOARD OF SUPERVISORS
By: By:
Title: Chairman of the Board NámevIorgan R. 0
Title: Executive Vice President,
Treasurer, CFO
Date: Date: 5/2-i /2-Qit
ATTEST:
By:
Clerk of the Board
Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
Attorney for Maricopa County
Date: Date:
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