IGA MCPHD AGREEMENT TO PROVIDE STRATEGIC NATIONAL STOCKPILE ASSETS - FINAL.PDF
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MARICOPA COUNTY THROUGH ITS DEPARTMENT OF PUBLIC HEALTH OFFICE OF
PREPAREDNESS AND RESPONSE
4041 N. Central Ave., Suite 600 Phoenix, AZ 85012
Closed POD AGREEMENT 09022014
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AGREEMENT TO PROVIDE STRATEGIC NATIONAL STOCKPILE ASSETS
This Agreement is entered into by and between Maricopa County (County), through the Maricopa County
Department of Public Health (“MCDPH”) and Arizona Fire & Medical Authority for the purpose of distributing
medications, other medical materials and information to Arizona Fire & Medical Authority for dispensing to
Arizona Fire & Medical Authority employees and their families (the “Authorized Recipients”) in the event of a
public health emergency. MCDPH or Arizona Fire & Medical Authority 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 Arizona Fire & Medical Authority to provide Arizona Fire &
Medical Authority with SNS assets at its location 18818 N. Spanish Garden Dr. Sun City West, AZ 85375, or a
location disclosed by MCDPH through OPR, as may be necessary to respond to a public health emergency; and
WHEREAS, MCDPH and OPR wish to cooperate with Arizona Fire & Medical Authority by providing
Arizona Fire & Medical Authority 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
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1.1.
In the event of a public health emergency, MCDPH through OPR will either deliver to, or provide a
designated location for Arizona Fire & Medical Authority to pick-up 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. Arizona Fire &
Medical Authority 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. Arizona Fire & Medical Authority 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 Arizona Fire &
Medical Authority delivery site at 18818 N. Spanish Garden Dr. Sun City West, AZ 85375, as a
delivery point or by coordinating secure transportation to pick-up the SNS materials at a designated
location disclosed by MCDPH through OPR.
1.2
MCDPH will provide Arizona Fire & Medical Authority with notice as soon as possible when an
event triggers the activities under this Agreement. The Arizona Fire & Medical Authority
contact for MCDPH is:
Primary Contact Information:
Robert Biscoe
Fire Chief
18818 N. Spanish Garden Dr.
Sun City West, AZ 85375
623-544-5400 O
602-448-4101 C
623-544-5455 F
RBiscoe@afma.az.gov
Secondary Contact Information:
Name Kimberly Campbell
Emergency Manager
18818 N. Spanish Garden Dr.
Sun City West, AZ 85375
623-544-5400 O
970-485-2294 C
623-544-5455 F
KCampbell@afma.az.gov
The MCDPH contact will promptly advise the Arizona Fire & Medical Authority of MCDPH’s
intent to deliver SNS assets to that location. MCDPH may also contact the delivery site directly if
need be. The Arizona Fire & Medical Authority 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 Arizona Fire & Medical Authority.
1.3.
MCDPH will deliver sufficient SNS assets to Arizona Fire & Medical Authority to serve an
estimated targeted population of 78,000 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 Arizona Fire
& Medical Authority, MCDPH will determine an allocation for Arizona Fire & Medical
Authority 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 Arizona Fire & Medical Authority.
1.4.
Arizona Fire & Medical Authority agrees to dispense SNS assets using Arizona Fire & Medical
Authority 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.
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Arizona Fire & Medical Authority 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 Arizona Fire
& Medical Authority, Arizona Fire & Medical Authority agrees to arrange sufficient time for the
personnel who would be involved in SNS asset distribution at Arizona Fire & Medical Authority
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 Arizona Fire & Medical Authority will be
mutually agreed upon.
1.6
During transfer of custody of SNS assets to Arizona Fire & Medical Authority at 18818 N.
Spanish Garden Dr. Sun City West, AZ 85375, Arizona Fire & Medical Authority will be
responsible for offloading and moving the assets to the storage area Arizona Fire & Medical
Authority 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 Arizona Fire & Medical Authority delivery site.
If Arizona Fire & Medical Authority picks-up SNS assets at a designated site disclosed by
MCDPH through OPR, during the custody of SNS assets, Arizona Fire & Medical Authority will
be responsible for loading/offloading SNS assets, providing security during transport, and moving
the assets to the storage area Arizona Fire & Medical Authority plans to utilize, and for sufficient
security to maintain order and safeguard persons against bodily injury.
1.7
Arizona Fire & Medical Authority 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. Arizona Fire & Medical Authority 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, County shall defend, indemnify, and hold
harmless Arizona Fire & Medical Authority, 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 County, 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, Arizona Fire & Medical Authority shall defend, indemnify and
hold harmless County, 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 Arizona Fire & Medical Authority, 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. County 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, County shall furnish Arizona Fire & Medical Authority with certificates of
self-insurance evidencing the coverages and limits listed below at the following address:
Closed POD AGREEMENT 09022014
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Contact Name and Information:
Kimberly Campbell, Emergency Manager
18818 N. Spanish Garden Dr. Sun City West, AZ 85375
Office Phone: 623-544-5400
Cell Phone: 970-485-2294
Fax: 623-544-5455
Email: KCampbell@afma.az.gov
County’s insurance must be primary, and any insurance or self-insurance maintained by Arizona Fire &
Medical Authority 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:
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 County’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 County, or any person employed by County, with a limit of not
less than $2,000,000 each claim.
Receiving Agency:
Arizona Fire & Medical Authority 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 B++ VII or better. In the alternative, Arizona Fire & Medical Authority may submit required coverage
under a self-insured program. At the signing of this Agreement, Arizona Fire & Medical Authority shall
furnish County 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 Arizona Fire & Medical
Authority’ owned, hired, and non-owned vehicles;
Closed POD AGREEMENT 09022014
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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 Arizona Fire & Medical Authority, or any person employed by
Arizona Fire & Medical Authority, 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 County.
4.
E-verification of employees:
Arizona Fire & Medical Authority warrants that it is in compliance with A.R.S. § 41-4401 and further
acknowledges:
4.1 That Arizona Fire & Medical Authority 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;
4.2 That a breach of a warranty under subsection 4.1 above, shall be deemed a material breach of this
Agreement that is subject to penalties up to and including termination of the Agreement;
4.3 That County retains the legal right to inspect the papers of Arizona Fire & Medical Authority or
subcontractor employee who performs work under this Agreement to ensure that Arizona Fire &
Medical Authority or subcontractor performing work under this Agreement is complying with the
warranty provided under subsection 4.1 above and that Arizona Fire & Medical Authority agrees
to make all papers and employment records of said employee(s) available during normal working
hours in order to facilitate such an inspection.
5.
Nothing herein shall make Arizona Fire & Medical Authority or any subcontractor an agent or employee
of County.
6.
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.
7.
Cancellation. This Agreement is subject to cancellation pursuant to the terms of A.R.S. §38-511.
8.
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 County:
Katie Turnbow
Maricopa County Department of Public Health
Office of Preparedness and Response
4041 N. Central Avenue, Suite 600
Phoenix, AZ 85012
Tel: 602-506-6415
Email: Katie.Turnbow.Maricopa.gov
For Arizona Fire & Medical Authority:
Primary Contact Information:
Robert Biscoe
Fire Chief
18818 N. Spanish Garden Dr.
Sun City West, AZ 85375
623-544-5400 O
602-448-4101 C
623-544-5455 F
RBiscoe@afma.az.gov
Secondary Contact Information:
Name Kimberly Campbell
Emergency Manager
18818 N. Spanish Garden Dr.
Sun City West, AZ 85375
623-544-5400 O
970-485-2294 C
623-544-5455 F
KCampbell@afma.az.gov
9.
Use of Name. County shall not use the names or trademarks of Arizona Fire & Medical Authority or of
any of Arizona Fire & Medical Authority affiliated entities in any advertising, publicity, endorsement, or
promotion unless Arizona Fire & Medical Authority has provided prior written consent for the particular
use contemplated. All requests for approval pursuant to this Section must be submitted to the Arizona Fire
& Medical Authority 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.
10.
Amendments. This Agreement may not be amended or modified except in writing signed by both parties
and identified as an amendment to this Agreement.
11.
Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties, their
successors and assigns.
12.
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.
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.
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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.
COUNTY:
Arizona Fire & Medical Authority:
MARICOPA COUNTY BOARD OF SUPERVISORS
By: ____________________________
By:
________________________________
Title: Chairman of the Board
Title: Fire Chief
Date:
____________________
Date:
______________________
ATTEST:
ATTEST:
By:
_____________________________
By:
_____________________________
Clerk of the Board
Authority Clerk
Date:
____________________
Date:
____________________
APPROVED AS TO FORM:
APPROVED AS TO FORM:
By: _________________________________
By: _________________________________
Attorney for Maricopa County
Attorney for Arizona Fire & Medical Authority
Date: ______________________
Date: ______________________
10/28/2020
Robert Biscoe (Oct 28, 2020 15:18 PDT)
10/28/2020
10/28/2020