CARTWRIGHT PARTNER AGREEMENT 2023 (2).PDF
Extracted text (via pymupdf)
14091 characters
AGREEMENT between MARICOPA COUNTY by and through the DEPARTMENT OF PUBLIC HEALTH and CARTWRIGHT ELEMENTARY SCHOOL DISTRICT No. 83 of MARICOPA COUNTY, STATE OF ARIZONA Background These rather unusual times necessitate a pre-emptive and creative effort with rural and urban communities to ensure students are vaccinated and ready for when school resumes. Due to recent events, COVID-19, there has been a significant decrease nationally in children receiving their recommended childhood vaccines. The collaboration between Maricopa County Department of Public Health (MCDPH) and the school districts or school organizations will assist families in accessing necessary childhood vaccines in order to attend school and prevent vaccine preventable diseases. Although we encourage parents and guardians to contact their child's pediatrician to schedule well visits and needed vaccines, we know this may not be easily attainable. Federal Vaccine funding changes will affect the way that immunizations are provided in the public sector. County Health Departments and all public Center for Disease Control (CDC) Vaccines for Children (VFC ) Program providers, such as several fire departments, school programs, and other public clinics may no longer use publicly funded vaccines for privately insured children. Privately insured children may fall through the cracks if turned away by private providers and sent to county health departments or other public providers only to be bounced back to private practice. To assure that children receive the needed vaccines to attend school Maricopa County Department of Public Health wishes to enter into an agreement the school district/organization to provide vaccines to children who are eligible for VFC vaccines and to children who have private insurance with a plan that is contracted with Maricopa County Department of Public Health. This AGREEMENT is hereby made and entered into by Maricopa County through the MCDPH and the Cartwright Elementary School District No. 83 of Maricopa County, State of Arizona, hereinafter referred to as District. A. PURPOSE The purpose of this Agreement is to develop a framework of cooperation between MCDPH and District to provide voluntary childhood, seasonal influenza, and COVID-19 vaccines to students who are uninsured and insured, and voluntary seasonal influenza and COVID-19 vaccines for adults who are uninsured and insured. B. STATEMENT OF MUTUAL BENEFIT AND INTERESTS The mutual benefit for both parties is to assure eligible children receive age-appropriate immunization to prevent the spread of vaccine preventable diseases. C. MCDPH SHALL: l. Maintain COVID-19 precautions as set forth by the CDC recommendations and State of Arizona. 2. Supply MCDPH nurses, staff and volunteers for the event. "¢ 2 3. Coordinate event with District's person of contact (POC). 4. Provide District with flyers and language to assist them with their school community outreach. 5. Supply all vaccines, supplies, and paperwork. 6. Enter all client consent forms into the Arizona State Immunization Information System (ASIIS). 7. Bill all AHCCCS and privately insured patients for whom Maricopa County has been contracted with. 8. Screen and document all patients for the appropriate VFC categories: a. Native American or Alaskan Native. b. Enrolled in the Arizona Health Care Cost Containment System (AHCCCS). c. Has no health insurance. d. Has health insurance that does not pay for vaccines. e. Has health insurance that pays for vaccines. 9. For children enrolled in AHCCCS and that have health insurance that pays for vaccines, a copy of the health insurance card must be copied, the front and the back, and attached to the Immunization Consent Form. All patients' insurance status must be verified using the supplied web portal. 10. Screen all patients for each vaccine using the guidelines set by the Advisory Committee on Immunization Practices (ACIP). 11. Administer all vaccines based on the ACIP guidelines. 12. Comply with the appropriate immunization schedule, dosage and contraindications established by the ACIP unless (a) in the medical judgment and in accordance with accepted medical practice, the provider deems such compliance to be medically inappropriate, or (b) the particular requirements contradict the laws in Arizona pertaining to religious or other exemptions. 13. Administer VFC vaccines, which may include, but are not limited to, flu, COVID-19, HPV, Pentacel, Pediarix, Daptacel, Kinrix, Boostrix, IPV, Havrix, Engerix, PedvaxHib, PCV-15, Menveo, Bexsero, Gardasil, Varicella, MMR, Proquad, Diphtheria, tetanus, pertussis, hepatitis A, hepatitis B, measles, mumps, and rubella, to the following children: a. Native American or Alaskan Native. b. Enrolled in the Arizona Health Care Cost Containment System (AHCCCS). c. Has no health insurance. d. Has health insurance that does not pay for vaccines. 14. Administer MCDPH purchased vaccines, which may include, but are not limited to, flu, COVID-19, HPV, Pentacel, Pediarix, Daptacel, Kinrix, Boostrix, JPV, Havrix, Engerix, PedvaxHib, PCV-15, Menveo, Bexsero, Gardasil, Varicella, MMR, Proquad, Diphtheria, tetanus, pertussis, hepatitis A, hepatitis B, measles, mumps, and rubella, to the following children: a. Has health insurance that pays for vaccines. b. Has commercial health insurance that is contracted with Maricopa County. 15. Administer MCDPH purchased vaccines, which may include, but are not limited to, flu, COVID-19, Hep A, Hep B, Tdap, Shingles, Prev20, HPV, MMR, and Varicella, to the following adults: a. Has health insurance that pays for vaccines. b. Has commercial health insurance that is contracted with Maricopa County. 16. Distribute current Vaccine Information Statements (VIS). 17. Report all clinically significant adverse events to the Vaccine Adverse Event Reporting System and MCDPH Immunization Program. 18. Not impose a charge for the cost of the VFC vaccine. MCDPH will not hold party responsible for denied PPV claims. 19. Comply with all Arizona Immunization statutes and rules regarding childcare and school immunizations. 3 D. DISTRICT SHALL: 1. Provide a location on a school campus or district/organization office adequate to maintain COVID-19 precautions. 2. Provide electric and air-conditioning accessibility. 3. Provide tables and chairs for the events. 4. Provide at least one staff member who can represent their organization. 5. Conduct school community outreach for the purpose of the events. E. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: 1. MODIFICATION OR AMENDMENT Modifications within the scope of the Agreement shall be made by mutual consent of the parties, by a written modification or amendment, signed and dated by all parties, prior to any changes being enacted. This Agreement supersedes all prior agreements between the parties. If any portion of the Agreement is found to be invalid by a court, the remainder shall continue with full force. 2. TERM & TERMINATION The term of this Agreement is May 1, 2023, through April 30, 2026.The Agreement shall renew automatically for three-year terms on May I after the completion of each term. Either party may terminate this Agreement at any time by giving 90 days written notice to the other party. The parties do not anticipate the cooperative purchase of any property in the exercise of each party's obligations pursuant to this Agreement. Any property purchased in the performance of a party's obligations pursuant to this Agreement shall be returned to the purchasing party promptly upon termination of the Agreement. 3. APPLICABLE LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona. 4. CANCELLATION This Agreement is subject to cancellation pursuant to the terms of A.R.S. §38-511. 5. PATIENT CONFIDENTIALITY Both parties understand and concur that this Agreement is subject to all State and Federal laws protecting patient confidentiality. Patient confidentiality will be maintained equally for all individuals presenting for services whether being provided by the District or MCDPH. The use or disclosure by either party of any information concerning an eligible individual served under this Agreement is directly limited to the fulfillment of this Agreement. 5. NON-DISCRIMINATION Both parties shall comply with Executive Order 75-5 as modified by Executive Order 2009- 09 and Executive Order 2023-01, which prohibits discrimination based on race, color, religion, sex, pregnancy, childbirth or medical conditions related to pregnancy or childbirth, political affiliation or religious affiliation or ideas, culture, creed, social origin or condition, genetic information, sexual orientation, gender identity or expression, national origin, ancestry, age, disability, military service or veteran status, or marital status, also in accordance with all State and Federal employment laws, rules and regulations, including the Americans with Disabilities Act. 4 6. LAWS, RULES AND REGULATIONS Both parties understand and concur that this agreement is subject to all State and Federal laws, rules and regulations that pertain hereto. 7. PARTICIPATION IN SIMILAR ACTIVITIES This agreement in no way restricts MCDPH or District from part1c1pating m similar activities with other public or private agencies, organizations, and individuals. 8. NON-LIABILITY Neither MCDPH, District, nor their respective officers and employees shall be liable for any act or omission by the other party or other party's subcontractor, employee, officer, agent, or representative occurring in the fulfillment of this agreement. This Agreement shall not be construed to create a partnership or joint venture between the parties. The employees of each party shall not be considered employees of the other party. 9. INDEMNITY MCDPH agrees to indemnify, hold harmless, and defend District, its officers and employees from and against any and all claims, damages, suits and proceedings, from liability, punitive damages, costs or expense of every type, all or any part thereof arising out of or in connection with or by reason of any negligent act or omission of MCDPH. MCDPH and its subcontractors shall reimburse District for its costs, including attorney's fees for defense of any litigation arising from such claim. MCDPH shall include a clause to this effect in all subcontracts inuring to the benefit of District. Similarly, District agrees to indemnify, hold harmless, and defend MCDPH, its officers and employees from and against any and all claims, damages, suits and proceedings, regardless of the merits, from liability, punitive damages, costs or expense of every type, all or any part thereof arising out of or in connection with or by reason of any negligent act or omission of District or any subcontractors or anyone directly or indirectly employed by either District or any subcontractors in the performance of this MOU. District and its subcontractors shall reimburse MCDPH for its costs, including attorney's fees for defense of any litigation arising from such claim. District shall include a clause to this effect in all subcontracts inuring to the benefit of MCDPH and Maricopa County. 10. 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. District 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, District may submit required coverage under a self-insured program. At the signing of this Agreement, District shall furnish MCDPH with Certificates of Insurance or Self-Insurance evidencing the required coverage conditions and limits required by this Agreement. 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. 10.1. Commercial General Liability insurance with a limit of not less than $2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, property damage, personal injury, products and completed operations, and blanket contractual coverage, including b 5 not limited to, the liability assumed under the indemnification provisions of this Agreement. 10.2. Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to owned, hired, and non-owned vehicles. 10.3. Workers' Compensation insurance with limits statutorily required by any Federal or state law and Employer's Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. 11. COMMUNICATION Each party agrees to notify the other, in writing, of changes in policy which may affect this Agreement. Notification is to be made to the attention of the principal contacts identified in Section 12 below. 12. PRINCIPAL CONTACTS The principal contacts for this agreement are: Maricopa County Department of Public Health: Immunization Program 4041 N Central Avenue, Suite 600 Phoenix, AZ 85012 Phone: 602-506-8365 FAX: 602-506-5506 And: Grants/Contracts Unit 4041 N. Central Avenue, Suite 1400 Phoenix, AZ 85012 Phone: 602-372-0674 FAX: 602-506-6885 Cartwright Elementary School District: 5220 W. Indian School Road Phoenix, AZ 85031 623-691-4000-phone 623-691-4079-fax Dr. Juan Medrano jmedrano@csd83.org [Signatures on next page] 6