AGREEMENT RE USE OF FACILITIES WITH SUN CITY INC.PDF

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 is entered into by and between Maricopa County through its Department of Public Health
(MCDPH) and Recreation Centers of Sun City, Inc., an Arizona nonprofit Corporation ("Recreation Centers of
Sun City, Inc.").
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 Marieopa County
Department of Emergency Management defines authorities and duties regarding emergency plans and programs
related to emergency services, and the Marieopa 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 wishes to use the physical facilities belonging to Recreation Centers of Sun City, Inc.
at the sites identified in Exhibit A ("Sites") solely for mass vaccination and dispensing of medication or
information to respond to a public health emergency; and
WHEREAS, Recreation Centers of Sun City, Inc. wishes to cooperate with MCDPH 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, Recreation Centers of Sun City, Inc.
will permit MCDPH through OPR to use the Sites solely for vaccinations, dispensing of
medication or information to respond to a Public Health Emergency, under the conditions
specified in this Agreement. Recreation Centers of Sun City, Inc. understands that the uses
addressed in the Agreement are those for which applicable law and conditions dictate that
MCDPH' s uses of the Sites take priority over those of Recreation Centers of Sun City, Inc.
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Recreation Centers of Sun City, Inc.'s sole responsibility under this Agreement is to make the
Sites available to MCDPH, and to cooperate with MCDPH to ensure the availability of the Sites.
1.2 MCDPH will provide the following Recreation Centers of Sun City, Inc. Representative with
notice immediately of any need to use one of the Sites, and the types of uses for which the Site is
required:
Jim Wellman
Assistant General Manager
Recreation Centers of Sun City, Inc.
Phone: 623 561-4600
24/7 contact: 623 980-9641
Fax: 623-561-4601
jwellman@sunaz.com
The Recreation Centers of Sun City, Inc. Representative will advise the Site Representative (if not the
same person) promptly of the MCDPH's need to use the Site. MCDPH may also contact the Site
Representative directly through the emergency numbers provided to it. The Recreation Centers of Sun
City, Inc. Representative and the Site Representative will be responsible for coordinating the MCDPH'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. MCDPH 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 reasonable
use of copy machines and paper. In order to meet the Public Health Emergency needs, MCDPH
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. MCDPH 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, MCDPH 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. MCDPH
will be responsible for the agreed upon costs of repairs to the Sites caused by its activities on the
Sites.
1.6. MCDPH 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 Recreation
Centers of Sun City, Inc. to the extent it is practical to do so. MCDPH may include such notices
in written information that it provides to the public providing information generally about the
Public Health Emergency.
1.7. MCDPH and Recreation Centers of Sun City, Inc. will determine in writing any fees applicable to
MCDPH's use of facilities. To the extent that the parties agree in writing to payment or
reimbursement of specific expenses and fees, Recreation Centers of Sun City, Inc. will provide
MCDPH with documentation relating to those expenses as a precondition to MCDPH being
obligated to pay them.
1.8. MCDPH, to the extent practical under the circumstances, will abide by applicable laws and
Recreation Centers of Sun City, Inc.'s policies and rules relating to the use of its facilities.
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2. Indemnification. To the fullest extent permitted by law, MCDPH shall defend, indemnify, and hold
harmless Recreation Centers of Sun City, Inc., its agents, officers, directors, 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 MCDPH, 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.
3. 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 tem_ of this Agreement. At
the signing of this Agreement, MCDPH shall furnish Recreation Centers of Sun City, Inc. with
certificates of self-insurance evidencing the coverages and limits listed below at the following address:
Jim Wellman
Assistant General Manager
Recreation Centers of Sun City, Inc.
10626 West Thunderbird Road
Sun City, AZ 85351
Email: jwellman@sunaz.eom
MCDPH's insurance must be primary, and any insurance or self-insurance maintained by Recreation
Centers of Sun City, Inc. 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):
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 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 $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 MCDPH, or any person employed by MCDPH, with a limit of not
less than $1,000,000 each claim.
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.
MCDP1-1 MOLT 11262012 Page 3 of 5

6. 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 MCDPII/OPR: For Recreation Centers of Sun City, Inc.:
Program Manager Jim Wellman,
Maricopa County Department of Public Health Assistant General Manager
Office of Preparedness and Response Recreation Centers of Sun City, Inc.
4041 N. Central Avenue, Suite 600 Phone: 623 561-4600
Phoenix, AZ 85012 24/7 contact: 623 980-9641
Tel: 602-372-2651 Fax: 623 561-4601
Email: OPRgmail.maricopa.gov Email: jwellman@sunaz.com
7. 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.
MCDPH MOU 11262012 Page 4 of 5

MCDPH: RECREATION CENTERS OF SUN CITY,
MARICOPA COUNTY INC. an Arizona nonprofit corporation:
DEPARTMENT OF PUBLIC HEALTH
MARICOPA COUNTY BOARD OF SUPERVISORS
By: By:
Chairman of the Board Title:
Date: Date:
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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