AGREEEMENT RE STRATEGIC NATIONAL STOCKPILE ASSETS WITH CITY OF TEMPE.PDF

MARICOPA. COUNTY 11EPARTIVIENT OF PUBLIC HEALTH— OFFICE OF PREPAREDNESS AND RESPONSE
4041 N. Central Ave., Suite 600 Phoenix, AZ 85012
AGREEMENT TO PROVIDE STRATEGIC NATIONAL STOCKPILE ASSETS
C2014-19
This Agreement is entered into by and between Maricopa County, through the Maricopa County Department of
Public Health (MCDPII) and City of Tempe ("City of Tempe") for the purpose of distributing medications, other
medical materials and information to City of Tempe for dispensing to City of Tempe employees and their families
(the "Authorized Recipients") in the event of a public health emergency.. MCDPH or City of Tempe 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. §:16-7S7, 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 ("ADM-IS") 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 mid 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 Marks -31)a 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 MCDRH as the Lead County Agency for the Health and Medical Emergency Support Function,
and the 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 City of Tempe to provide City of Tempe with SNS assets at its
location, 1400 E. Apache Blvd., Tempe, AZ 85281, as may be necessary to respond to a public health emergency;
and
WHEREAS, MCDPH and OPR wish to cooperate with City of Tempe by providing City of Tempe 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;
Delivery of SNS assets
1,1. In the event of a public health emergency, MCDPH through OPR_ will deliver to City of Tempe
medications, vaccinations, dispensing information or such other SNS materials as available and
may be neeessaly to respond to a public health emergency, under the conditions specified in this
Agreement. City of Tempe understands that such SNS assets cannot be provided by 1V.ICDPH
until said assets are released by the Arizona Department of Health Services and the Division of
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Strategic National Stockpile Program to OPR. City of Tempe'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 City of Tempe
delivery site at 1400 E. Apache Blvd., Tempe, AZ 85281, as a delivery point.
1.2 MCDPH will provide City of Tempe with notice as soon as possible when an event triggers the
activities under this Agreement. The City of Tempe contact for MCDPH is:
Gary S. his
Deputy Chief, Special Operations
City of Tempe Fire Administration
1400 E. Apache
Tempe, AZ.85281
480 858-7213 (office)
480 239-1110 (cell)
gary_ells@tempe.gov
480 858-7214 (fax)
ThelVICDPF1 contact will promptly advise the City of Tempe of IVICDPH's intent to deliver SNS
assets to that location. MCDPH may also contact the delivery site directly if need be. The City of
Tempe 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 City of Tempe.
MCDPH will deliver sufficient SNS assets to City of Tempe to serve an estimated targeted
population of 5,400 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 City of Tempe, MCDPH will
determine an allocation for City of Tempe 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 City
of Tempe,
1.4. City of Tempe agrees to dispense SNS assets using City of Tempe 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. City of Tempe 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 City of
Tempe, City of Tempe agrees to arrange sufficient time for the personnel who would be involved
in SNS asset distribution at City of Tempe 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 City of Tempe will be mutually agreed upon,
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1,6 During transfer of custody of SNS assets to City of Tampa at 1400 E. Apache Blvd„ Tempe, AZ
85281, City of Tempe will be responsible for offloading and moving the assets to the storage area
City of Tempe plans to utilize, and for stiff -lc-lent security to maintain order and safeguard persons
against bodily injury, The Maricopa County Sheriffs Office is the lead agency for security
during transport and delivery of assets to the City of Tempe delivery site.
1.7 City of Tempe agrees to utilize dispensing infommtion, 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. City of Tempe 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, MCDPH shall defend, indemnify, and hold
harmless City of Tempe, 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 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 hi 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, City of Tempe shall defend, indemnify and hold harmless
MCDPH, 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 City of Tempe, 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. 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 City of Tempe with certificates of self-insurance
evidencing the coverages and limits listed below at the following address:
Gary S. Ells
Deputy Chief, Special Operations
City of Tempe Fire Administration
1400 B. Apache
Tempe, AZ 85281
480 858-7213 (office)
480 239-1110 (cell)
gary_ells@tetnpe.gov
480 858-7214 (thx)
TviCDPH's insurance must be primary, and any insurance or self-insurance maintained by City of Tempe
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-Marieopa County or any other self-insured entity):
Marleopa 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 Vederal 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 MCDPII, or any person employed by MCDPH, with a limit of not
less than $2,000,000 each
Receiving Agency:
City of Tempe 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, City of 'ifempe may submit required coverage under a self-insured program. Ai
the signing of this Agreement, City of Tempe 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 City of 'Tempe'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 City of Tempe, or any person employed by City of Tempe, with a
limit of not less than $2,000,000 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.
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Verification Regarding Comp fiance with Arizona Revised Statutes §*35-391.06 and 35-393.06
Business Relations with Sudan and Iran:
4.1 By entering into the Agreement, City of Tempe certifies it does not have scrutinized business
operations in Sudan. or Iran. City of Tempe shall obtain statements from its subcontractors
performing work under this Agreement, if any, certifying compliance with the foregoing and shall
furnish the statements to the Procurement Officer upon request. These warranties shall remain in
effect through the teon of the Agreement.
4.2 Maricopa County may request verification of compliance for City of Tempe or subcontractor
performing work under the Agreement, Should Maricopa County suspect or -find that City of
Tempe or any of its subcontractors performing work under the Agreement are not in compliance,
Maricopa. County may pursue any and all remedies allowed by law, including, but not limited to:
suspension of partnership and termination of the Agreement. All reasonable costs necessary to
verify compliance are the responsibility of Maricopa. County.
5, It-verification of employees:
City of Tempe warrants that it is in compliance with A.R.S. § 41-4401 and further acknowledges:
5.1 That City of Tempe 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;
5.2 That a breach of a warranty under subsection 5.1 above, shall be deemed a material breach of this
Agreement that is subject to penalties up to and including termination of the Agreement;
5,3 That MCDPH retains the legal right to inspect the papers of City of Tempe or subcontractor
employee who performs work under this Agreement to ensure that City of Tempe or
subcontractor performing work under this Agreement is complying with the warranty provided
under subsection 5.1 above and that City of Tempe agrees to make all papers and employment
records of said employee(s) available during normal working hours in order to facilitate such an
inspection.
6. Nothing herein shall snake City of Tempe or any subcontractor an agent or employee of MCDPH,
7, 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.
8. Cancellation. This Agreement is subject to cancellation pursuant to the terms of A.R.S. §38-511.
9. 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:
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For MCDPITOPR:
Program Manager
Maricopa County Department of Public Health
Office of Preparedness and Response
4041 N. Central Avenue, Suite 600
Phoenix, AZ 85012
Tel: 602 506-2650
Cell: 602 723-6966
For City of Tempe:
Gary S. Ells
Deputy Chief, Special Operations
City of Tempe Fire Administration
1400 E. Apache
Tempe, AZ 85281
480 858-7213 (office)
480 239-1110 (cell)
gary_ells@tempe.gov
480 858-7214 (fax)
10. Use of Name. MCDP1-1/0PR shall not use the names or trademarks of City of Tempe or of any of City of
Tempe's affiliated entities in any advertising, publicity, endorsement, or promotion unless City of Tempe
has provided prior written consent for the particular use contemplated. All requests for approval pursuant
to this Section must be submitted to the City of Tempe 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.
1. Amendments. This Agreement may not be amended or modified except in writing signed by both parties
and identified as an amendment to this Agreement.
12. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties, their
successors and assigns.
13. 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.
14. Endre 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.
15. 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_
16, 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.
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17. 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.
18. 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.
19. 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.
CITY OF TEMPE:
MARICOPA COUNTY
DEPARTMENT OF PUBLIC HEALTH
MARICOPA COUNTY BOARD OF SUPERVISORS
By:
Title: Chairman of the Board
Date: Date: January 2 3, 2014
ATTEST: ATTEST :
By: By:
Clerk of the Board
Date: Date: January 23, 2014
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
Attorney for Mia.ricopa County R. Baumann, City Attorney
Date: Date: January 23, 2014
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