Common use of Command and Control Clause in Contracts

Command and Control. The parties recognize the need for a qualified and experienced person to function in the role of a public health local health officer in Party HDs’ jurisdictions and Party TGs’ jurisdictions, and for public health laws to govern the response. Party TGs may not have Tribal Health Officers on their staffs or on contract at the time that a Public Health Incident, Emergency or Disaster occurs. Party TGs also may not have adopted public health codes, or may have adopted codes that govern certain public health issues but not others. Until such time that a Party TG hires or contracts with its own Tribal Health Officer, and adopts a public health code(s) governing the specific public health issue necessitating response, the Party TG and Party HDs agree that in the event of a Public Health Incident, Emergency or Disaster, communicable disease outbreak, or isolation or quarantine event, Party TGs will choose to exercise tribal public health authority in one of the following manners: Option One: 1. The Party TG may decide to grant to the Party HD in its closest geographical proximity permission to exercise public health authority, in consultation with the Party TG’s health director, over the Party TG’s Tribal Lands, People on Tribal Lands and members off Tribal Lands but within the respective Party HD’s county. 2. In the event the Party TG has not yet adopted a public health code(s) that addresses the specific public health response, then the Party HD and Party TG agree that the Party HD will exercise this grant of authority in conformance with federal, state and local public health laws that address the specific public health response, and such public health laws shall be deemed applicable as if adopted as tribal code. Party TGs shall be responsible to take such actions as are necessary to implement this provision, if any. Examples of the types of Washington State laws that a Party TG might agree to voluntarily invoke include those related to tuberculosis control, sexually transmitted disease control, substantial exposure to bodily fluids, communicable disease control, isolation and quarantine, biomedical wastes, emergency response, or other law. 3. If the Party TG has adopted a public health code(s) that addresses the specific public health response, then the Party HD and Party TG agree that the Party HD will exercise this grant of authority in conformance with applicable tribal, federal, state and local public health laws. If there is a conflict between or among tribal public health code requirements, federal, state or local law, the Party HD may decline to accept, or withdraw its acceptance of, the authority. 4. Either the Party TG or Party HD may withdraw, rescind, decline, or refuse this grant of authority at any time. Such withdrawal, rescission, declination or refusal of authority must be in writing directed to each respective Party HD’s or Party TG’s Authorized Representative. Option Two: 1. The Party TG will exercise its own public health authority. The Party TG may seek technical assistance from the Party HD. The parties understand and agree that in such event, the ability or willingness of Party HD personnel to respond within the tribal jurisdiction may be limited, however, technical assistance may still be available. 2. Either the Party TG or Party HD may withdraw, rescind, decline, or refuse the request for technical assistance at any time. Such withdrawal, rescission, declination or refusal of technical assistance must be in writing directed to each respective Party HD’s or Party TG’s Authorized Representative. Party TGs will select Option One or Option Two at the time of a Public Health Incident, Emergency or Disaster, communicable disease outbreak, or isolation or quarantine event. The Plan will create procedures and forms for implementing option selection, and for issues related to isolation and quarantine procedures. Under either Option One or Option Two, any resources and non-medical personnel from the Responding Party HD or Party TG shall be under the operational control of the Requesting Party HD’s or Party TG’s public health leadership. All medical personnel provided by a Responding Party HD or Party TG will be under the clinical supervision of the Responding Party HD’s Local Health Officer or the Responding Party TG’s Tribal Health Officer unless the Local Health Officer or Tribal Health Officer delegates such supervision to the Requesting Party’s appropriately licensed medical provider. The Party HDs and Party TGs intend to follow the National Incident Management System’s “Incident Command System” when such system is activated. Party TGs may choose to contract with Party HDs or others for day to day public health services to the full extent permitted by law.

Command and Control. The parties recognize the need for a qualified and experienced person to function in the role of a public health local health officer in Party HDs’ jurisdictions and Party TGs’ jurisdictions, and for public health laws to govern the response. Party TGs may not have Tribal Health Officers on their staffs or on contract at the time that a Public Health Incident, Emergency or Disaster occurs. Party TGs also may not have adopted public health codes, or may have adopted codes that govern certain public health issues but not others. Until such time that a Party TG hires or contracts with its own Tribal Health Officer, and adopts a public health code(s) governing the specific public health issue necessitating response, the Party TG and Party HDs agree that in the event of a Public Health Incident, Emergency or Disaster, communicable disease outbreak, or isolation or quarantine event, Party TGs will choose to exercise tribal public health authority in one of the following manners: Option One: 1. : The Party TG may decide to grant to the Party HD in its closest geographical proximity permission to exercise public health authority, in consultation with the Party TG’s health director, over the Party TG’s Tribal Lands, People on Tribal Lands and members off Tribal Lands but within the respective Party HD’s county. 2. In the event the Party TG has not yet adopted a public health code(s) that addresses the specific public health response, then the Party HD and Party TG agree that the Party HD will exercise this grant of authority in conformance with federal, state and local public health laws that address the specific public health response, and such public health laws shall be deemed applicable as if adopted as tribal code. Party TGs shall be responsible to take such actions as are necessary to implement this provision, if any. Examples of the types of Washington State laws that a Party TG might agree to voluntarily invoke include those related to tuberculosis control, sexually transmitted disease control, substantial exposure to bodily fluids, communicable disease control, isolation and quarantine, biomedical wastes, emergency response, or other law. 3. If the Party TG has adopted a public health code(s) that addresses the specific public health response, then the Party HD and Party TG agree that the Party HD will exercise this grant of authority in conformance with applicable tribal, federal, state and local public health laws. If there is a conflict between or among tribal public health code requirements, federal, state or local law, the Party HD may decline to accept, or withdraw its acceptance of, the authority. 4. Either the Party TG or Party HD may withdraw, rescind, decline, or refuse this grant of authority at any time. Such withdrawal, rescission, declination or refusal of authority must be in writing directed to each respective Party HD’s or Party TG’s Authorized Representative. Option Two: 1. : The Party TG will exercise its own public health authority. The Party TG may seek technical assistance from the Party HD. The parties understand and agree that in such event, the ability or willingness of Party HD personnel to respond within the tribal jurisdiction may be limited, however, technical assistance may still be available. 2. Either the Party TG or Party HD may withdraw, rescind, decline, or refuse the request for technical assistance at any time. Such withdrawal, rescission, declination or refusal of technical assistance must be in writing directed to each respective Party HD’s or Party TG’s Authorized Representative. Party TGs will select Option One or Option Two at the time of a Public Health Incident, Emergency or Disaster, communicable disease outbreak, or isolation or quarantine event. The Plan will create procedures and forms for implementing option selection, and for issues related to isolation and quarantine procedures. Under either Option One or Option Two, any resources and non-medical personnel from the Responding Party HD or Party TG shall be under the operational control of the Requesting Party HD’s or Party TG’s public health leadership. All medical personnel provided by a Responding Party HD or Party TG will be under the clinical supervision of the Responding Party HD’s Local Health Officer or the Responding Party TG’s Tribal Health Officer unless the Local Health Officer or Tribal Health Officer delegates such supervision to the Requesting Party’s appropriately licensed medical provider. The Party HDs and Party TGs intend to follow the National Incident Management System’s “Incident Command System” when such system is activated. Party TGs may choose to contract with Party HDs or others for day to day public health services to the full extent permitted by law.