POD_AIRNATIONALGUARD_161ST_FINAL MAR 20 2020.PDF

MARICOPA COUNTY 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, through the Maricopa County Department of 
Public Health (MCDPH) and Goldwater Air National Guard Base – 161st ARW, Arizona (“ANG”) for the 
purpose of distributing medications, other medical materials and information to ANG for dispensing to Arizona 
National Guard military members (the “Authorized Recipients”) in the event of a public health emergency.  
MCDPH or Goldwater Air National Guard – 161st ARW 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 ANG to provide ANG with SNS assets at its location, 3200 Old 
Tower Rd., Building 25, Phoenix, AZ 85034 as may be necessary to respond to a public health emergency; and 
 
 
WHEREAS, MCDPH and OPR wish to cooperate with ANG by providing ANG 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 ANG 
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. ANG 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

Closed POD AGREEMENT 09022014 
 
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National Stockpile Program to OPR. ANG’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 ANG delivery site at 3200 Old Tower Road. Bldg. 
25, Goldwater Air National Guard Base, AZ 85304, as a delivery point. 
 
1.2 
MCDPH will provide ANG with notice as soon as possible when an event triggers the activities 
under this Agreement.   The ANG contact for MCDPH is: 
 
 
 
 
Contact Name and Information: 
 
Capt Tyrone Simon 
Medical Administrative Officer 
USAF ANG 161 MDG/SG 
3200 Old Tower Rd., Building 25, Phoenix, AZ 85034 
Office:  602-302-9105; Clinic 602-302-9329; Cell: 803-397-7466 
tyrone.a.simon.mil@mail.mil  
24 hour staffed number is our Command Post - 602 302-9071 
Medical Group Fax 602 302-9087 
 
The MCDPH contact will promptly advise the ANG of MCDPH’s intent to deliver SNS assets to 
that location. MCDPH may also contact the delivery site directly if need be.  The ANG 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 ANG. 
  
1.3. 
MCDPH will deliver sufficient SNS assets to ANG to serve an estimated targeted population of 
up to 3,600. 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 ANG, MCDPH will determine an 
allocation for ANG 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 ANG.   
 
1.4. 
ANG agrees to dispense SNS assets using ANG 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. ANG 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 ANG, ANG 
agrees to arrange sufficient time for the personnel who would be involved in SNS asset 
distribution at ANG 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 ANG will be mutually 
agreed upon. 
 
1.6 
 During transfer of custody of SNS assets to ANG at 3200 Old Tower Rd., Building 25, Phoenix, 
AZ 85034, ANG will be responsible for offloading and moving the assets to the storage area

Closed POD AGREEMENT 09022014 
 
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ANG 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 ANG delivery site. 
 
1.7   
ANG 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. ANG agrees to have trained employees (Section 1.5) oversee the dispensing of SNS 
assets to the Authorized Recipients. 
 
2. 
E-verification of employees: 
 
ANG warrants that it is in compliance with A.R.S. § 41-4401 and further acknowledges: 
  
2.1       That ANG 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; 
  
2.2       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; 
  
2.3       That MCDPH retains the legal right to inspect the papers of ANG or subcontractor employee who 
performs work under this Agreement to ensure that ANG or subcontractor performing work under 
this Agreement is complying with the warranty provided under subsection 4.1 above and that 
ANG agrees to make all papers and employment records of said employee(s) available during 
normal working hours in order to facilitate such an inspection. 
 
3.  
Nothing herein shall make ANG or any subcontractor an agent or employee of MCDPH. 
 
4. 
Effective Period. This MOU shall be effective upon date of signature by all parties and, at the initiation 
of 161st ARW ANG, shall be reviewed annually by all parties.  
 
5.  
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. 
 
6. 
Cancellation.  This Agreement is subject to cancellation pursuant to the terms of A.R.S. §38-511. 
 
7. 
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@mail.maricopa.gov

Closed POD AGREEMENT 09022014 
 
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For ANG: 
 
Colonel John Rummel 
Medical Group Commander 
USAF ANG 161 MDG/SG 
3200 Old Tower Rd., Building 25, Phoenix, AZ 85034 
Office: 602-302-9329 (main)  
john.h.rummel.mil@mail.mil  
 
8.  
Use of Name. MCDPH/OPR shall not use the names or trademarks of ANG or of any of ANG’s affiliated 
entities in any advertising, publicity, endorsement, or promotion unless ANG has provided prior written 
consent for the particular use contemplated. All requests for approval pursuant to this Section must be 
submitted to the ANG 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. 
 
9.  
Amendments. This Agreement may not be amended or modified except in writing signed by both parties 
and identified as an amendment to this Agreement. 
 
10. 
Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties, their 
successors and assigns. 
 
11.  
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. 
 
 
12. 
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. 
 
13.  
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. 
 
14.  
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. 
 
15.  
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. 
 
16.  
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.

Closed POD AGREEMENT 09022014 
 
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17. 
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: 
 
 
 
 
 
ANG: 
MARICOPA COUNTY  
 
 
 
161ST AIR REFUELING WING, GOLDWATER ANG AZ  
DEPARTMENT OF PUBLIC HEALTH 
 
 
 
 
MARICOPA COUNTY BOARD OF SUPERVISORS  
 
 
 
 
 
By: ____________________________  
   
 
By: 
________________________________ 
Title: Chairman of the Board 
 
 
Title: Wing Commander, 161st ARW 
 
 
 
 
 
 
Date: 
____________________ 
 
 
 
Date: 
______________________ 
 
 
 
 
 
ATTEST: 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
By: 
_____________________________  
 
 
 
 
Clerk of the Board 
 
 
 
 
 
 
 
Date: 
____________________ 
 
 
 
 
 
 
APPROVED AS TO FORM: 
 
 
 
 
APPROVED AS TO FORM: 
 
 
 
 
 
 
 
 
 
By: _________________________________ 
 
 
By: _________________________________ 
       Attorney for Maricopa County 
 
 
 
       Arizona JFHQ JAG  
 
 
 
 
 
 
 
 
 
Date: ______________________ 
 
 
 
Date: ______________________ 
 
 
 
 
DONALDSON.PAT
RICK.WILLIAM.118
7153243
Digitally signed by 
DONALDSON.PATRICK.WILLIA
M.1187153243 
Date: 2020.03.21 15:51:58 -07'00'
SIGN