AGREEMENT RE NATIONAL STOCKPILE ASSETS WITH US IMMIGRATION AND CUSTOMS.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 U.S. Immigration and Customs Enforcement's Phoenix Area of Responsibility
("ICE Phoenix") for the purpose of distributing medications, other medical materials and information ("strategic
national stockpile assets" or "SNS") to ICE Phoenix for dispensing to ICE Phoenix employees and their families
(the "Authorized Recipients") in the event of a public health emergency. MCDPH or ICE Phoenix 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 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 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 ICE Phoenix to provide ICE Phoenix with SNS assets at its location,
2035 North Central Ave., Phoenix, AZ 85004, as may be necessary to respond to a public health emergency; and
WHEREAS, MCDPH and OPR wish to cooperate with ICE Phoenix by providing ICE Phoenix 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;
I. Authorization.
1.1. ICE Phoenix enters this agreement under the authority provided by Executive Order 13527, "Medical
Countermeasures Following a Biological Attack."
1.2. Public Health Services Act, 42 U.S.C. §§ 201, et seq. (2008).
1.3. Emergency Management and Assistance, 44 C.F.R. (2005).
1.4. The Defense Against Weapons of Mass Destruction Act of 1996, 50 U.S.C. §§ 2301, et seq. (2009).
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1.5. The National Emergencies Act of 1976, 50 U.S.0 §§ 1601, et seq. (2008).
1.6. Post-Katrina Emergency Management Reform Act (PKEMRA) of 2006, Pub. L. No. 109-295, 120
Stat. 1355.
1.7. The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. §§
5121 et seq. (2008).
1.8. Project BioShield Act of 2004, Pub. L. No. 108-276, 118 Stat. 836 (codified predominantly at 6
U.S.C. § 247).
1.9, Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301-399 et seq. (2009).
Ports and Waterway Safety Act (PWSA) of 1972, as codified at 33 U.S.C. § 1221 et seq.
1.10. OSHA Act of 1970
1.11. 29 CFR Part 1960, Basic Program Elements for Federal Employees
1.12. 29 CFR Part 1910, Occupational Safety and Health Standards
1.13. Department of Energy Transportation Emergency Preparedness Program Planning Tools
Training TEPP Planning Products Model Procedure for radioactive Material or Multiple
Hazardous Materials Decontamination
htto://www.em.doe.gov/PDFsitransPDFsiDecon Procedure.pdf
2. Delivery of SNS assets
2.1. In the event of a public health emergency, MCDPH through OPR will deliver to ICE Phoenix
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
Agreement. ICE Phoenix 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. ICE Phoenix'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 ICE Phoenix delivery
site at 2035 North Central Ave., Phoenix, AZ 85004, as a delivery point.
2.2. MCDPH will provide ICE Phoenix with notice as soon as possible when an event triggers the
activities under this Agreement. The ICE Phoenix contact for MCDPH is:
Briana Kreibich
Mission Support Specialist
U.S. Immigration and Customs Enforcement
Enforcement and Removal Operations, Phoenix Field Office
2035 North Central Ave.
Phoenix, AZ 85004
Office: 602.766.7018
Cell: 602.796.5746
Briana.Kreibich@ice.dhs.gov
The IVICDPH contact will promptly advise the ICE Phoenix of MCDPH's intent to deliver SNS
assets to that location. MCDPH may also contact the delivery site directly if need be. The ICE
Phoenix 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 ICE Phoenix.
2.3. MCDPH will deliver sufficient SNS assets to ICE Phoenix to serve an estimated targeted
population of 2100 Authorized Recipients provided appropriate and secure storage facilities for
materials or antibiotics are available. Depending upon the supply, MCDPH may provide more
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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 ICE Phoenix, MCDPH will
determine an allocation for ICE Phoenix 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 ICE Phoenix.
2.4. ICE Phoenix agrees to dispense SNS assets using ICE Phoenix 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. ICE Phoenix 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.
2.5. As a condition of this Agreement and prior to the distribution of any SNS assets to ICE Phoenix,
ICE Phoenix agrees to arrange sufficient time for the personnel who would be involved in SNS
asset distribution at ICE Phoenix 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 ICE Phoenix
will be mutually agreed upon.
2.6. During transfer of custody of SNS assets to ICE Phoenix at 2035 North Central Ave., Phoenix, AZ
85004, ICE Phoenix will be responsible for offloading and moving the assets to the storage area
ICE Phoenix 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 ICE Phoenix delivery site.
2.7. ICE Phoenix 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. ICE Phoenix agrees to have trained employees (Section 1.5) oversee the
dispensing of SNS assets to the Authorized Recipients.
2.8. The collection, use, disclosure, and retention of personal information shall be limited to that which
is necessary for purposes of the Parties as set forth in this Agreement. Personal information shall
be protected by administrative, technical and physical safeguards appropriate to the sensitivity of
the information. Personal information will only be disclosed to authorized individuals with a need
to know and only for uses that are consistent with the stated purposes under this Agreement and
for which the information was originally collected.
2.9. The Parties will retain information covered under this Agreement only for as long as needed to
fulfill the purpose of this Agreement. In no instance will the retention period for any data item
exceed the maximum period permissible by applicable legal and regulatory requirements or
official retention policies.
2.10. The Parties agree to maintain reasonable physical, electronic, and procedural safeguards to
appropriately protect the information shared under this Agreement against loss, theft, or misuse, as
well as unauthorized access disclosure, copying, use, modification or deletion.
2.11. The information shared in accordance with this Agreement will be used only in a manner
consistent with any statutory requirements, including privacy compliance requirements.
2.12. The data will not be disseminated outside of MCDPH/OPR without the express consent of DHS.
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3. indemnification. To the fullest extent permitted by law, MCDPH shall defend, indemnify, and hold
harmless ICE Phoenix, 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 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.
The United States may be held liable for injury to or loss of property, personal injury, or death caused by the
negligent or wrongful actions or omissions of ICE Phoenix employees only to the extent and in the manner
provided by the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2401(b), and 2671-80.
4. 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 ICE Phoenix with certificates of self-insurance evidencing
the coverages and limits listed below at the following address:
Briana Kreibich
Mission Support Specialist
U.S. Immigration and Customs Enforcement
Enforcement and Removal Operations, Phoenix Field Office
2035 North Central Ave.,
Phoenix, AZ 85004
Office: 602.766.7018
Cell: 602.796.5746
Briana.Kreibich@ice.dhs.gov
MCDPH's insurance must be primary, and any insurance or self-insurance maintained by ICE Phoenix 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:
4.1. 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;
4.2, 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 IVICDPH's owned, hired, and
non-owned vehicles;
4.3. 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
4.4. Professional Liability insurance covering acts, errors, mistakes, and omissions arising out of the
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work or services performed by MCDPH, or any person employed by MCDPH, with a limit of not
less than $1,000,000 each claim.
Receiving Agency:
As an agency of the United States government, ICE Phoenix is self-insured under federal laws
including the Federal Tort Claims Act (28 U.S.C. §§ 1346(b), 2401(b), and 2671-80) and the
Federal Employees Compensation Act (5 U.S.C. Chapter 8 I ).
5. This Agreement will be governed and interpreted in accordance with applicable state and federal law.
6. Costs. Performance under this Agreement by the ICE Phoenix and its subcontractors is subject to the
availability of appropriated funds, and nothing in this Agreement should be interpreted as an obligation of
funds. Any commitment of funds contemplated between the two parties must be contained in a separate
written document.
7. Nothing herein shaft make ICE Phoenix or any subcontractor an agent or employee of MCDPH.
8. 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.
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:
For MCDPH/OPR:
Program Manager
Maricopa County Department of Public Health
Office of Preparedness and Response
4041 N. Central Avenue, Suite 600
Phoenix, AZ 85012
Tel: 602 506-2651
Email: opr@maii.rnaricopa.gov
For ICE Phoenix:
Briana Kreibich
Mission Support Specialist
U.S. Immigration and Customs Enforcement
Enforcement and Removal Operations, Phoenix Field Office
2035 North Central Ave.,
Phoenix, AZ 85004
Office: 602.766.7018
Cell: 602.796.5746
Briana.Kreibich@ice.dhs.gov
10. Use of Name. MCDPH/OPR shall not use the names or trademarks of ICE Phoenix or of any of ICE
Phoenix's affiliated entities in any advertising, publicity, endorsement, or promotion unless ICE Phoenix has
provided prior written consent for the particular use contemplated. All requests for approval pursuant to this
Section must be submitted to the ICE Phoenix at least 5 business days prior to the date on which a response is
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needed. The terms of this Section survive the termination, expiration, non-renewal, or rescission of this
Agreement.
11. 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. Waiver. Except as provided by applicable law, 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: ICE Phoenix:
MARICOPA COUNTY
DEPARTMENT OF PUBLIC HEALTH
MARICOPA COUNTY BOARD OF SUPERVISORS 1-6-4-heLt)
By: By:
Title: Chairman of the Board Title: /_11 ef-o-
Date: Date: id c'thd
ATTEST:
By:
Clerk of the Board
Date:
APPROVED AS TO FORM:
By
Attorney for Maricopa County
Date:
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