AGRMT RE STRATEGIC NATL WITH CITY OF GOODYEAR.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 City of Goodyear ("City of Goodyear") for the purpose of distributing medications,
other medical materials and information to City of Goodyear for dispensing to City of Goodyear employees and
their families (the "Authorized Recipients") in the event of a public health emergency. MCDPH or City of
Goodyear 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, Marieopa 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, biotenorism, 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 Goodyear to provide City of Goodyear with SNS assets at its
location, 15875 W. Clubhouse Drive, Goodyear, AZ 85338, as may be necessary to respond to a public health
emergency; and
WHEREAS, MCDPH and OPR wish to cooperate with City of Goodyear by providing City of Goodyear
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. In the event of a public health emergency, MCDPH through OPR will deliver to City of
Goodyear 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. City of Goodyear understands that such SNS assets cannot be
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provided by MCDPH until said assets are released by the Arizona Department of 14ealth Services
and the Division of Strategic National Stockpile Program to OPR. City of Goodyear'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 Goodyear delivery site at 15875 W. Clubhouse Drive, Goodyear, AZ
85338, as a delivery point.
1.2 MCDPH will provide City of Goodyear with notice as soon as possible when an event triggers the
activities under this Agreement. The City of Goodyear contact for MCDPH is:
°then T. Newbill
Emergency Manager
175 N. 145 th Ave.
Goodyear, AZ 85338
623 882-7112 (office)
623 606-0374 (cell)
Othell.newbill@goodyearaz.gov
623 882-7114 (fax)
The MCDPH contact will promptly advise City of Goodyear of MCDPH's intent to deliver SNS
assets to that location. MCDPI4 may also contact the delivery site directly if need be. The City of
Goodyear contact will be responsible for coordinating MCDP14'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 Goodyear.
1.3. MCDPH will deliver sufficient SNS assets to City of Goodyear to serve an estimated targeted
population of 1,200 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 Goodyear, MCDPH will
determine an allocation for City of Goodyear 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 Goodyear.
1.4. City of Goodyear agrees to dispense SNS assets using City of Goodyear 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 Goodyear 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
Goodyear, City of Goodyear agrees to arrange sufficient time for the personnel who would be
involved in SNS asset distribution at City of Goodyear 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 Goodyear will be mutually agreed upon.
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1.6 During transfer of custody of SNS assets to City of Goodyear at 15875 W. Clubhouse Drive,
Goodyear, AZ 85338, City of Goodyear will be responsible for offloading and moving the assets
to the storage area City of Goodyear 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 City of Goodyear delivery site.
1.7 City of Goodyear 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. City of Goodyear 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 Goodyear, 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, City of Goodyear 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 Goodyear, 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 Goodyear with certificates of self-insurance
evidencing the coverages and limits listed below at the following address:
()then T. Newbill
Emergency Manager
175 N. 145th Ave.
Goodyear, AZ 85338
623 882-7112 (office)
623 606-0374 (cell)
Othell.newbill@goodyearaz.gov
623 882-7114 (fax)
MCDPH's insurance must be primary, and any insurance or self-insurance maintained by City of
Goodyear 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):
Closed POD AGREEMENT 04232013 Page 3 of?

Maricopa 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 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
3.4. 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 $2,000,000 each claim.
Receiving Agency:
City of Goodyear 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 Goodyear may submit required coverage under a self-insured program.
At the signing of this Agreement, City of Goodyear 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 Goodyear'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 Goodyear, or any person employed by City of Goodyear,
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.
4. Verification Regarding Compliance with Arizona Revised Statutes §§35-391.06 and 35-393.06
Business Relations with Sudan and Iran:
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4.1 By entering into the Agreement, City of Goodyear certifies it does not have scrutinized business
operations in Sudan or Iran. City of Goodyear 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 term of the Agreement.
4.2 Maricopa County may request verification of compliance for City of Goodyear or subcontractor
performing work under the Agreement. Should Maricopa County suspect or find that City of
Goodyear 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:
City of Goodyear warrants that it is in compliance with A.R.S. § 41-4401 and further acknowledges:
5.1 That City of Goodyear 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 M.CDPH retains the legal right to inspect the papers of City of Goodyear or subcontractor
employee who performs work under this Agreement to ensure that City of Goodyear or
subcontractor performing work under this Agreement is complying with the warranty provided
under subsection 5.1 above and that City of Goodyear 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 City of Goodyear 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:
For MC )PH/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.marieopa.gov
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For City of Goodyear:
Othe11 T. Newbill
Emergency Manager
175 N. 145 111 Ave.
Goodyear, AZ 85338
623 882-7112 (office)
623 606-0374 (cell)
Othell.newbill@goodyearaz.gov
623 882-7114 (fax)
10. Use of Name. MCDPH/OPR shall not use the names or trademarks of City of Goodyear or of any of City
of Goodyear's affiliated entities in any advertising, publicity, endorsement, or promotion unless City of
Goodyear 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 Goodyear 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.
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. 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.
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.
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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.
MCDPH: CITY OF GOODYEAR:
MARICOPA COUNTY
DEPARTMENT OF PUBLIC HEALTH
MARICOPA COUNTY BOARD OF SUPERVISORS
By: By:
Title: Chairman of the Board
Date: Date:
ATTEST:
By:
Clerk of the Board
Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By: Avusz-
Attorney for Maricopa County iCIPor\c-- PAA-559,Cck( Atfr( AEL(
Date: Date: 7/3/13
Closed I) AGREEMENT 04232013 Page 7 of 7

RESOLUTION 134557
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF GOODYEAR,
MAR1COPA COUNTY, ARIZONA AUTHORIZING JUL r MAYOR TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY DEPARTMENT
OF PUBLIC HEALTH rf 0 PROVIDE STRATEGIC NATIONAL S'fOCKPILE ASSETS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to AR.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 ANTIS has entered into an agreement with M.aricopa County through
Maricopa County Department of Public Health (MCDPH) to develop and enhance the state's
emergency response capabilities; and
WHEREAS, the Mayor and Council of the City of Goodyear, Arizona, and Maricopa
County 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 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 the City of Goodyear to provide the City of
Goodyear with SNS assets at its location, 15875 W. Clubhouse Drive, Goodyear, AZ 85338,
as may be necessary to respond to a public health emergency; and
WHEREAS, MCDPH and OPR wish to cooperate with the City of Goodyear by
providing the City of Goodyear with SNS assets for distribution to the Authorized Recipients
in the event of such a public health emergency;

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF GOODYEAR, ARIZONA, AS FOLLOWS:
SECTION 1. The Mayor is authorized to execute the attached Intergovernmental
Agreement between the City of Goodyear, Arizona, and Marieopa County, Arizona
providing strategic national stockpile assets.
PASSED AND ADOPTED by the Mayor and Council of the City of Goodyear,
Arizona, this cav of CRAI. .2013.
APPROVED this 1Y , day of , 2013.
Date:
ATTEST:
6'
Maureen Scott, City Clerk
APPROVED AS TO FORM:
Rorie Massey, City Attorney

CERTIFICATION OF RECORDING OFFICER
STATE OF ARIZONA
) ss.
County of Maricopa
1, the undersigned Maureen Scott, being the duly appointed, qualified City Clerk of the City of
Goodyear, Marieopa County, Arizona, certify that the foregoing Resolution No. 13-1557 is a
true, correct and accurate copy of Resolution No. 13-1557, passed and adopted at a regular
meetino of the Council of the City of Goodyear, Maricopa County, Arizona, held on
j 0 • lf r 2013, at which a quorum was present and, by a 1cvote , voted in favor
of said ifsolution.
Given under my hand and sealed this day of , 2013.
.12
City Clerk