AGREEMENT RE STRATEGIC NATIONAL STOCKPILE WITH SUPERIOR COURT OF AZ.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 Superior Court of Arizona in Maricopa County including Adult Probation
Department and Juvenile Probation Department, and the Justice Courts and the Clerk of the Court (hereinafter
collectively referred to as the "Court") for the purpose of distributing medications, other medical materials and
information to the Court for dispensing to the Court employees and their families (the "Authorized Recipients") in
the event of a public health emergency. MCDPH or the Court 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 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 the Court to provide the Court with SNS assets at its location, 3150
W. Lower Buckeye Road, Suite E, Phoenix, AZ 85009 (GPS 33.423162,-112.127575), as may be necessary to
respond to a public health emergency; and
WHEREAS, MCDPH and OPR wish to cooperate with the Court by providing the Court 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 the Court
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. The Court 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. The Court'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 Court's delivery site at 3150 W. Lower
Buckeye Road, Suite E, Phoenix, AZ 85009 (GPS 33.423162,-112.127575), as a delivery point.
1.2 MCDPH will provide the Court with notice as soon as possible when an event triggers the
activities under this Agreement. The Court contact for MCDPH is:
Primary Contact
Gary M. Bridget, SPHR
Assistant Human Resources Director
Superior Court of Arizona in Maricopa County
Human Resources
(602) 506-8568 (office)
bridgetg@superiorcourt.maricopa.gov
(602) 372-8603 (fax)
Secondary Contact
Beverly Dupree, MBA, CCM
Finance/Business Analyst
Superior Court of Arizona in Maricopa County
Administrative Services
602-506-1567 (office)
dupreeb@superiorcourt.maricopa.gov
(602) 506-7867 (fax)
Delivery Point Contact
David Elston
Warehouse Supervisor
Superior Court of Arizona in Maricopa County
Facilities Management
(602) 876-5641 (office)
delston@superiorcourt.maricopa,goy
The MCDPH contact will promptly advise the Court of MCDPH's intent to deliver SNS assets to
that location. MCDPH may also contact the delivery site directly if need be. The Court 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 the Court.
MCDPH will deliver sufficient SNS assets to the Court to serve an estimated targeted population
of 21,400 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 the Court, MCDPH will determine an
allocation for the Court 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 the Court.
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1.4. The Court agrees to dispense SNS assets using the Court's personnel or volunteers who have the
appropriate lieensure, 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. The Court 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 the Court, the
Court agrees to arrange sufficient time for the personnel who would be involved in SNS asset
distribution at the Court 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 the Court
will be mutually agreed upon.
1.6 During transfer of custody of SNS assets to the Court at 3150 W. Lower Buckeye Road, Suite E,
Phoenix, AZ 85009 (GPS 33.423162,-112.127575), the Court will be responsible for offloading
and moving the assets to the storage area the Court 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 Court delivery
site.
1.7 The Court 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. The Court 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.
In addition, MCDPH shall cause its contractor(s) and subcontractors, if any, to indemnify, defend, save
and hold harmless the State of Arizona, any jurisdiction or agency issuing any permits for any work
arising out of this Agreement, and their respective directors, officers, officials, agents, and employees
(hereinafter referred to as "Indemnitee") from and against any and all claims, actions, liabilities, damages,
losses, or expenses (including court costs, attorneys' fees, and costs of claim processing, investigation and
litigation) (hereinafter referred to as "Claims") for bodily injury or personal injury (including death), or
loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by
the negligent or willful acts or omissions of MCDPH's contractor or any of the directors, officers, agents,
or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising
out of or recovered under the Workers' Compensation Law or arising out of the failure of such contractor
to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the
specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely
from the negligent or willful acts or omissions of the Indemnitee, be indemnified by such contractor from
and against any and all claims. It is agreed that such contractor will be responsible for primary loss
investigation, defense and judgment costs where this indemnification is applicable.
3, Mandatory Provisions.
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3.1 Every payment obligation of either party under this Agreement is conditioned upon the
availability of funds appropriated and allocated for the payment of such obligation. If funds are not
appropriated, allocated and available or if the appropriation is changed by the legislature resulting in
funds no longer being available for the continuance of this Agreement, this Agreement may be terminated
by either party at the end of the period for which funds are available. No liability shall accrue to either
party in the event this provision is exercised, and neither the Department nor any other agency of the State
of Arizona shall be obligated or liable for any future payments or for any damages as a result of
termination under this paragraph.
3.2 Pursuant to A.R.S. §§ 35-214 and 35-215 both parties shall retain all records relating to this
Agreement for a period of five years after completion of the Agreement. All records shall be subject to
inspection and audit by the State of Arizona at reasonable times. Upon request, the either party shall
produce the original of any or all such records at the offices of the other party,
3.3 The requirements of A.R.S. § 38-511 apply to this Agreement. Either party may cancel this
Agreement, without penalty or further obligation, if any person significantly involved in initiating,
negotiating, securing, drafting or creating this Agreement on behalf of either party is, at any time while
this Agreement or any extension is in effect, an employee, agent or consultant of either party with respect
to the subject matter of this Agreement.
3.4 The parties shall comply with Executive Order 2009-9, which mandates that all persons,
regardless of race, color, religion, sex, age, or national origin not mentioned in Order shall have equal
access to employment opportunities, and all other applicable state and Federal employment laws, rules,
and regulations, including the Americans with Disabilities Act. The parties shall take affirmative action
to ensure that applicants for employment and employees are not discriminated against due to race, creed,
color, religion, sex, national origin or disability,
3.6 The parties warrant they are in compliance with A.R.S. § 41-4401 and further acknowledges:
3.6.1 That the parties 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;
3.6.2 That a breach of a warranty under subsection 3.6.1 above, shall be deemed a material
breach of this Agreement that is subject to penalties up to and including termination of the Agreement;
3.6.3 That the parties retain the legal right to inspect the papers of the Court or subcontractor
employee who performs work under this Agreement to ensure that the parties or subcontractor performing
work under this Agreement is complying with the warranty provided under subsection 3.6,1 above.
3,7 This Agreement shall be construed in accordance with the laws of the State of Arizona.
3.8 The parties to this Agreement agree to resolve all disputes arising out of or relating to this
Agreement through arbitration, after exhausting applicable administrative review, to the extent required
by A.R.S. § 12-1518 except as may be required by other applicable statutes.
4. Termination. Subject to paragraph 3.1 above, 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.
5. 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
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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@mail.maricopa.gov
For the Court:
Primary Contact
Gary M. Bridget, SPHR
Assistant Human Resources Director
Superior Court of Arizona in Maricopa County
Human Resources
(602) 506-8568 (office)
bridgetg@superiorcouitmaricopa.gov
(602) 372-8603 (fax)
Secondary Contact
Beverly Dupree, MBA, CCM
Finance/Business Analyst
Superior Court of Arizona in Maricopa County
Administrative Services
602-506-1567 (office)
dupreeb@superiorcourt.maricopa.gov
(602) 506-7867 (fax)
6. Use of Name. MCDPH/OPR shall not use the names or trademarks of the Court or of any of the Court's
affiliated entities in any advertising, publicity, endorsement, or promotion unless the Court has provided
prior written consent for the particular use contemplated. All requests for approval pursuant to this
Section must be submitted to the Court 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.
7. Amendments. This Agreement may not be amended or modified except in writing signed by both parties
and identified as an amendment to this Agreement.
8. Binding Effect, This Agreement shall be binding upon and inure to the benefit of the parties, their
successors and assigns.
9, 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.
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10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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: THE COURT:
MARICOPA COUNTY Superior Court Of Arizona In Marieopa County
DEPARTMENT OF PUBLIC HEALTH
MARICOPA COUNTY BOARD OF SUPERVISORS
By: By:
Title: Chairman of the Board Judge Norman J. Davis, esiding Judge
Superior Court of Arizona in Maricopa
Date: Date: / / 7--/ '7/
ATTEST:
By:
Clerk of the Board
Date:
APPROVED AS TO FORM:
By:
Attorney for Maricopa County
Date:
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