Extracted text (via ocr_local)
16870 characters
PARTNERSHIP AGREEMENT between MARICOPA COUNTY by and through the DEPARTMENT OF PUBLIC HEALTH and PARADISE VALLEY UNIFIED SCHOOL DISTRICT 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 VFC (Vaccines for Children) providers, such as several fire departments, school programs, and other public clinics may no longer use public 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 with the school district/organization to provide vaccines to children who are eligible for Vaccine for Children 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 Paradise Valley Unified School District, hereinafter referred to as Partner. Effective dates are August 11, 2023 through May 31, 2026. A. PURPOSE The purpose of this Agreement is to develop a framework of cooperation between MCDPH and Partner to provide childhood, seasonal influenza, and COVID-19 vaccines to students who are uninsured and insured and the 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. Cs MCDPH SHALL: 1. Maintain COVID-19 precautions as set forth by the CDC recommendations and State of Arizona Supply MCDPH nurses, staff and volunteers for the event Coordinate event with Partner’s person of contact (POC) Provide Partner with flyers and language to assist them with their school community outreach Supply all vaccine, supplies and paperwork Enter all client consent forms into the Arizona State Immunization Information System (ASIIS) 7. Bill all AHCCCS and privately insured clients for whom Maricopa County has been contracted with. 8. Screen and document all patients for the appropriate VFC categories: ANRYN Native American or Alaskan Native a 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 (Attachment A). All client’s 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 vaccine 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 vaccine to the following children: a. Has health insurance that pays for vaccines b. Has commercial health insurance that is contracted with Maricopa County 15. Distribute current Vaccine Information Statements (VIS). 16. Report all clinically significant adverse events to the Vaccine Adverse Event Reporting System and MCDPH Immunization Program. 17. Not impose a charge for the cost of the VFC vaccine. MCDPH will not hold party responsible for denied PPV claims. 18. Comply with all Arizona Immunization statutes and rules regarding childcare and school immunizations. PARTNER SHALL: 1. Provide location on a school campus or district/organization office adequate to maintain COVID-19 precautions. Provide electric and air-conditioning accessibility. Provide tables and chairs for the events Provide at least one staff member who can represent their organization. Conduct school community outreach for the purpose of the events. waeD IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: 1. MODIFICATION OR AMENDMENT Modifications within the scope of the instrument shall be made by mutual consent of the parties, by the issuance of a written modification or amendment, signed and dated by all parties, prior to any changes being enacted. 2. TERM & TERMINATION The term of this Agreement becomes effective on the date both parties have signed and automatically renews annually from this date. Either party may terminate this Agreement at any time by giving 90 days written notice to the other party. APPLICABLE LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona. CANCELLATION This Agreement is subject to cancellation pursuant to the terms of A.R.S. §38-511. CLIENT CONFIDENTIALITY Both parties understand and concur that this agreement is subject to all State and Federal laws protecting client confidentiality. Client/patient confidentiality will be maintained equally for all individuals presenting for services whether being provided by the Partner 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. NON-DISCRIMINATION Both parties shall comply with Executive Order 75-5 as modified by Executive Order 2009-09, which mandates that all persons regardless of race, color, religion, sex, age, national origin or political affiliation, shall have equal access to employment opportunities, and all other applicable State and Federal employment laws, rules and regulations, including the Americans with Disabilities Act. All partics shall take affirmative action to ensure that applicants for employment and employees are not discriminated against due to race, creed, color, religion, sex, national origin or disability. 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. PARTICIPATION IN SIMILAR ACTIVITIES This agreement in no way restricts MCDPH or Partner from participating in similar activities with other public or private agencies, organizations, and individuals. NON-LIABILITY Neither MCDPH, Partner, 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. INDEMNITY MCDPH agrees to indemnify, hold harmless, and defend Partner, 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 Partner 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 Partner. Similarly, Partner 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 Partner or any subcontractors or anyone directly or indirectly employed by either Partner or any subcontractors in the performance of this MOU. Partner and its subcontractors shall reimburse MCDPH for its costs, including attorney’s fees for defense of any litigation arising from such claim. Partner shall include a clause to this effect in all subcontracts inuring to the benefit of MCDPH and Maricopa County. 10. I. 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. Partner 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, Partner may submit required coverage under a self-insured program. At the signing of this Agreement, Partner 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 but 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; and 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. 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 Paradise Valley Unified School District: 15002 N. 32 Street Phoenix, AZ 85032 Eva Callas, Director of Purchasing ecallas@pvschools.net Rachel Muth, District Nurse uth@PV MISCELLANEOUS ADDITIONAL PROVISIONS l. RELATIONSHIP OF THE PARTIES. Nothing contained herein shall be deemed to create an association, a formal partnership, joint venture, employment or relationship of principal and agent or master and servant among the parties or any affiliate thereof, or to provide any party hereto with the right, power, or authority whether expressed or implied, to create any such duty or obligation on behalf of any other party. The relationship of the parties hereunder shall be as an independent contractor relationship only. Neither party shall have the power to bind the other party or contract in the name of the other party. ATTORNEY’S FEES. _ [f either party hereto brings an action to declare rights hereunder, the prevailing party in any such action, at trial or appeal, will be entitled to its court costs and reasonable attorney’s fees and paralegal’s fees and other costs incurred to be paid by the non-prevailing party as fixed by the court. SEVERABILITY. The invalidity or unenforceability of a particular provision of this Agreement will not affect the other provisions hereof, and the Agreement will be construed in all respects as if such valid or unenforceable provisions were omitted. ASSIGNMENT. Neither party may assign this Agreement nor the duties and responsibilities contained herein without the prior written consent of the non-assigning party. WAIVER. A waiver by either party of a breach or failure to perform will not constitute a waiver of any subsequent breach or failure. ENTIRE AGREEMENT. This Agreement, together with all exhibits which may be attached hereto, constitutes the complete understanding of the parties and supersedes any and all other agreements, either oral or in writing, with respect to the subject matter hereof, and no other agreements or promise relating to the subject matter of the Agreement which is not contained herein will be binding. 10. 11. 12. RESERVATION OF INTELLECTUAL PROPERTY RIGHTS. The Parties agree and acknowledge that, except as otherwise provided in this Agreement, this Agreement does not grant any rights in the other Party’s intellectual property, trademarks, copyrights, name, logo, design, picture, marks, words, or any of other interest in the other’s website or products, and each Party agrees not to take any action that would impair the value of, goodwill associated with, or interfere with the other’s rights in such Party’s intellectual property. NO ESTABLISHMENT OF THIRD-PARTY RIGHTS. This Agreement is not intended to and does not create any rights or interests for any other person or entity other than the District and/or Maricopa County Department of Public Health. E-VERIFY. To the extent applicable under A.R.S. § 41-4401, the Parties warrant compliance, on behalf of themselves and any and all subcontractors, with all federal immigration laws and regulation that relate to their employees and compliance with the E-Verify requirements under A.R.S. § 23-214(A). The Parties breach of the above-mentioned warranty shall be deemed a material of this Agreement and the non-breaching Party may terminate this Agreement. The Parties retain the legal right to inspect the papers of the other Party to ensure that the Party is complying with the above-mentioned warranty under this Agreement. FERPA COMPLIANCE. Both Parties will ensure that any dissemination and disposition of educational records complies at all times with the Family Educational Rights and Privacy Act of 1974 and any subsequent amendments thereto. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. FAILURE TO APPROPRIATE: In accordance with A.R.S. § 35-154, if either Party’s performance under this Agreement depends on the appropriation of funds by the Arizona Legislature, and if the Legislature fails to appropriate the funds necessary for performance, then the impacted Party may provide written notice of this to the other Party and cancel this Agreement without further obligation. Appropriation is a legislative act and is beyond the control of the impacted Party. . AUTHORITY. The individuals signing below on behalf of the Parties hereby represent and warrant that they are duly authorized to execute and deliver this Agreement on behalf of each respective Party and that this Agreement is binding upon the Parties in accordance with its terms. (Signatures on the following page) IN WITNESS WHEREOF, the parties sign this Agreement: MARICOPA COUNTY: e PARADISE VALLEY UNIFIED SCHOOL DISTRICT: Tose Cre Jack Sellers, Chairman Board of Supervisors ra i Signature APPROVED AS TO FORM: oe _ Cay fe Prgopostff OY -f-202 7 Attorney for Cc ounty Date Attorney 7 pyusD * Date ATTEST: Office. Date of the Clerk of the Board Received by Grants/Contracts Unit: Name Date: