AGRMT RE STRATEGIC NATL WITH TOWN OF GILBERT.PDF

MAR COPA 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 (MCDPF.I) and Town of Gilbert ("Town of Gilbert") for the purpose of distributing medications,
other medical materials and information to Town of Gilbert for dispensing to Town of Gilbert employees and
their families (the "Authorized Recipients") in the event of a public health emergency. MCDPH or Town of
Gilbert 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 M.aricopa 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 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 Town of Gilbert to provide Town of Gilbert with SNS assets at its
location, 2760 E. Williams Field, Gilbert, AZ 85295, as may be necessary to respond to a public health
emergency; and
WHEREAS, MCDPH and OPR wish to cooperate with Town of Gilbert by providing Town of Gilbert
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. tn. the event of a public health emergency, MCDPH through OPR will deliver to Town of Gilbert
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. Town of Gilbert 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
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Strategic National Stockpile Program to OPR. Town of Gilbert'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 Town of Gilbert
delivery site at 2760 F. Williams Field, Gilbert, AZ 85295, as a delivery point.
1.2 MCDPH will provide Town of Gilbert with notice as soon as possible when an event triggers the
activities under this Agreement. The Town of Gilbert contact for MCDPH is:
Sheri Gibbons
Emergency Management Coordinator
Town of Gilbert
85 E. Civic Center Drive
Gilbert, AZ 85296
480 503-6333 (office)
480 323-5425 (cell)
Sheri.GibbonsAgitbertaz.gov
480 503-6360 (fax)
The MCDPH contact will promptly advise Town of Gilbert of MCDPH's intent to deliver SNS
assets to that location. MCDPH may also contact the delivery site directly if need be. The Town
of Gilbert contact will be responsible for coordinating MCDPF1'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 Town of Gilbert.
1.3. MCDPH will deliver sufficient SNS assets to Town of Gilbert to serve an estimated targeted
population of 6,500 Authorized Recipients provided appropriate and secure storage facilities for
materials or antibiotics are available. Depending upon the supply, 1V1CDPH 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 Town of Gilbert, MCDPH will
determine an allocation for Town of Gilbert 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 -
Town of Gilbert.
1.4. Town of Gilbert agrees to dispense SNS assets using Town of Gilbert personnel or volunteers
who have the appropriate &ensure, 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. Town of Gilbert 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 Town of
Gilbert, Town of Gilbert agrees to arrange sufficient time for the personnel who would be
involved in SNS asset distribution at Town of Gilbert 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 Town of Gilbert will be mutually agreed upon.
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1.6 During transfer of custody of SNS assets to Town of Gilbert at 2760 E. Williams Field, Gilbert,
AZ 85295, Town of Gilbert will be responsible for offloading and moving the assets to the
storage area Town of Gilbert plans to utilize, and for sufficient 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 Town of Gilbert delivery site.
1.7 Town of Gilbert 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. Town of Gilbert agrees to have trained employees (Section 1.5)
oversee the dispensing of SNS assets to the Authorized Recipients.
1 Indemnification. To the fullest extent permitted by law, MCDPH shall defend, indemnify, and hold
harmless Town of Gilbert, 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.
To the fullest extent permitted by law, Town of Gilbert 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 Town of Gilbert, 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 Marieopa County, Arizona Self-Insured Risk Trust Fund during the term of this Agreement. At
the signing of this Agreement, MCDPH shall furnish Town of Gilbert with certificates of self-insurance
evidencing the coverages and limits listed below at the following address:
Shed Gibbons
Emergency Management Coordinator
Town of Gilbert
85 E. Civic Center Drive
Gilbert, AZ 85296
480 503-6333 (office)
480 323-5425 (cell)
Sheri.Gibbons(a),gilbertaz.gov
480 503-6360 (fax)
MCDPH's insurance must be primary, and any insurance or self-insurance maintained by Town of Gilbert
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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4. Verification Regarding Compliance with Arizona Revised Statutes §§35-391.06 and 35-393.06
Business Relations with Sudan and Iran:
4.1 By entering into the Agreement, Town of Gilbert certifies it does not have scrutinized business
operations in Sudan or Iran. Town of Gilbert shall obtain statements from its subcontractors
performing work under this Agreement, if any, certitYing compliance with the foregoing and shall
furnish the statements to the Procurement Officer upon request. These warranties shall remain in
effect through the term of the Agreement.
4.2 Maricopa County may request verification of compliance for Town of Gilbert or subcontractor
performing work under the Agreement. Should Maricopa County suspect or find that Town of
Gilbert 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. E-verification of employees:
Town of Gilbert warrants that it is in compliance with A.R.S. § 41-4401 and further acknowledges:
5.1 That Town of Gilbert 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 Town of Gilbert or subcontractor
employee who performs work under this Agreement to ensure that Town of Gilbert or
subcontractor performing work under this Agreement is complying with the warranty provided
under subsection 5.1 above and that Town of Gilbert 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 make Town of Gilbert 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 o 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 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: 602 506-2650
Cell: 602 723-6966
For Town of Gilbert:
Sheri Gibbons
Emergency Management Coordinator
Town of Gilbert
85 E. Civic Center Drive
Gilbert, AZ 85296
480 503-6333 (office)
480 323-5425 (cell)
Sheri.Gibbonsilbertaz.gov
480 503-6360 (fax)
T O. Use of Name. MCDPII/OPR shall not use the names or trademarks of Town of Gilbert or of any of Town
of Gilbert's affiliated entities in any advertising, publicity, endorsement, or promotion unless Town of
Gilbert has provided prior written consent for the particular use contemplated. All requests for approval
pursuant to this Section must be submitted to the Town of Gilbert 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.
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. 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.
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.
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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.
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.
TOWN OF GILBERT:
MARICOPA COUNTY
DEPARTMENT OF PUBLIC HEALTH
MARICOPA COUNTY BOARD OF SUPERVISORS
By: By:
Title: Chairman of the Board Title:
Date: Date:
ATTEST:
By:
Clerk of the Board
Date:
_81z:th3
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By: 01111W i-/,-
Attorney for Maricopa County 1414 "4114447
Date: Date: AP& 14
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