AFFILITATION AGREEMENT WITH U OF A 2019.11.01 PARTIALLY EXECUTED.PDF

AFFILIATION AGREEMENT
This Agreement is made by and between the ARIZONA BOARD OF REGENTS acting on behalf of
The University of Arizona Health Sciences Center, (College of Medicine-Tucson, College
of Medicine–Phoenix, College of Nursing, College of Pharmacy, and College of Public
Health), Tucson, Arizona 85719, pursuant to Arizona Revised Statues Title 15, Chapter 13, Article 2,
Section 1625.B.2, (hereinafter "University") and Maricopa County, administering this Agreement for its
Office of the Medical Examiner, d.b.a. Maricopa County Office of the Medical Examiner, Forensic
Science Center, 701 West Jefferson Street, Phoenix, Arizona 85007-2908, (hereinafter "OME").
RECITALS
WHEREAS, the University wishes to participate with OME in providing coordinated clinical
educational programs for the education and training of health science students, classified as either students,
externs and/or interns (hereinafter called "Program Participants"); and
WHEREAS, Maricopa County owns and operates OME, and wishes to cooperate in the development
of settings for coordinated clinical, educational, research and public service programs of interest to the
University and Maricopa County.
THEREFORE, the parties hereby agree as follows:
ARTICLE 1: TERM
1.1 The Term of this Agreement is entered into January 1, 2020 and shall terminate on December 31,
2024 subject to the termination provisions in Article 12.
1.2 This Agreement may be extended for up to four (4) additional one (1) year periods or any portions
therefore, through a duly executed amendment signed by both University and OME.
ARTICLE 2: AGREEMENT LIMITATION
2.1 Each party will retain complete control over such programs of its own that are outside of this
Agreement.
ARTICLE 3: SCOPE OF WORK
3.1 Program Participants will provide services in their assigned areas as mutually agreed upon between
OME and University. Notice of any changes will be coordinated with the appropriate OME
Professional staff.
3.2 Program Participants are not to be considered as ostensible agents, independent health care
providers, patient advocates, or volunteers, employees or agents of Maricopa County. Furthermore,
Program Participants are to be considered as individuals participating in training programs pursuant
to the terms of this Agreement.
3.3 Nothing in the execution of this Agreement or in its performance shall be construed to establish an
employer-employee, agency, partnership or joint venture relationship between the Program
Participants, individually or collectively, and Maricopa County.
3.4 The applicable OME Professional Staff will oversee and modify as necessary the duties of the
Program Participants, including post mortem procedures, laboratory orders, report preparation, and
toxicology and histology interpretation, performed in accordance with learning objectives of those
Program Participants under their immediate and direct supervision.
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3.5 Program Participants shall not have ultimate authority for decisions regarding the determination of
decedent's clinical diagnoses, procedures, and/or dispositions as this authority rests with OME
Professional staff.
3.6 This Agreement shall apply to all OME's sites in Maricopa County.
3.7 Accreditation Compliance. This Agreement covers the University of Arizona College of Medicine-
Phoenix, College of Medicine-Tucson, College of Nursing, College of Pharmacy, and the College of
Public Health. The accreditation bodies (“Accreditation Agencies”) responsible for the accreditation of
the academic programs within each of these four colleges are as follows:
 College of Medicine – Liaison Committee on Medical Education (LCME) for the medical student
curriculum.
 College of Nursing – Commission on Collegiate Nursing Education (CCNE) for nursing
programs and Council on Accreditation of Nurse Anesthesia Educational Programs (COA) for
the nurse anesthesia programs,
 College of Pharmacy – Accreditation Council for Pharmacy Education (ACPE)
 College of Public Health – Council on Education for Public Health (CEPH)
ARTICLE 4: UNIVERSITY RESPONSIBILITIES
4.1 Ensure that each Program Participant, if applicable, is appropriately certified and/or licensed pursuant
to the requirements of the State of Arizona, or shall be deemed exempt from such requirement by
the appropriate Arizona licensure board, is in good standing in their program, and complies with all
applicable laws and rules established by the State and Federal Government.
4.2 Provide and coordinate the individual educational and training programs for Program Participants,
including, but not limited to, recruitment, master schedules, program compliance, curricula
development, fiscal controls and budgeting, all disciplinary action, and all administrative and
overhead costs.
4.3 Ensure that Program Participants agree to comply with all applicable policies, procedures, rules and
regulations of OME, as provided by OME to the Program Participant(s). Upon OME's request,
University shall remove any Program Participant for unsatisfactory performance or failure to comply
with OME's administrative, patient care or decedent policies, procedures, rules and regulations, or
any applicable laws and rules of the State of Arizona. OME agrees to provide the University a
statement in writing for the reason(s) for the requested removal of the Program Participant. The
withdrawal, dismissal, or removal of a Program Participant shall not affect continuation of this
Agreement or the continued training of other Program Participants assigned to OME.
4.4 Provide OME, upon execution of this Agreement and separate written request, certification of worker’s
compensation coverage for eligible University Program Participants who are University employees.
4.5 Provide OME with documentation, upon execution of this Agreement and separate written request,
that Program Participants have completed: (a) training in Human Blood and Body Fluid Precautions,
as set out by Occupational Safety and Health Administration (OSHA) Regulations; (b) immunization
for Hepatitis B, or signed OSHA declination; (c) annual Tuberculin skin test, chest x-ray, or other
appropriate health test survey; (d) medical clearance to wear a TB effective respirator and (e)
immunization for Measles and Rubella.
4.6 Maintain accreditation by the nationally recognized accreditation entity identified in Section 3.7.
Provide qualified faculty and a structured educational experience to Program Participants in
accordance with the accreditation standards of the applicable Accreditation Agency, including
operating and managing the College and their associated health sciences student programs in
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accordance with applicable accreditation guidelines and standards.
ARTICLE 5: OME RESPONSIBILITIES
5.1 Ensure the availability of qualified applicable professional and medical staff for the oversight,
immediate and direct supervision of the medical Program Participants. OME agrees to notify its staff
of the obligations covered by and agreed to in this Agreement.
5.2 Ensure the supervision of Program Participants as set out within this Agreement and that such
services shall be performed in a professional manner consistent with like services performed by
licensed professionals consistent with the applicable accreditation standards and requirements, as
well as the requirements, policies, procedures, and practices of OME.
5.3 Maintain exclusive control over the contracting, credentialing and oversight of its Medical and
Professional Staff.
5.4 Notify Professional Staff involved in oversight of Program Participants of its responsibilities as
supervisory staff, which include, but are not limited to, participation in formal evaluations of Program
Participants' performance and review of their clinical decisions, diagnoses, treatment and/or
procedures as applicable.
5.5 Notify University in writing of concerns regarding any Program Participant's safety and/or
appropriateness affecting his/her ability to carry out the responsibilities set out in this Agreement.
5.6 Provide Program Participants with training in Blood and Body Fluid Precautions pursuant to OME's
policies and procedures for their facilities and programs.
5.7 OME shall provide to the Program Participants covered by this Agreement emergency medical care
and treatment in life threatening situations that arise during the Program Participants' training at
OME to the extent such treatment and care is available at OME; however, since OME does not
provide Emergency Room care in such facilities, OME shall provide for the prompt and appropriate
transfer of the Program Participant to such a facility. In such case, all associated expenses for such
medical care and treatment shall not be the responsibility of OME.
5.8 The administration of didactic and hands-on educational services at the facilities of OME shall be
the sole responsibility of OME.
5.9 Pursuant to paragraph 5.7 and if applicable, OME agrees that, upon report of exposure to an
infectious agent or hazardous material of Program Participants (i.e. needle stick, inhalation, mucus
membrane or skin exposure to blood or body fluids or airborne contaminants), OME will provide for
the prompt and appropriate transfer or referral of the Program Participant to a facility that provides
the appropriate emergency medical care. If applicable, OME will immediately make available to the
affected Program Participant a copy of the decedents' HIV, HBV, and HCV status to the extent permitted
by law. Finally, OME will provide copies of all incident reports documenting the circumstances of the
exposure to: University of Arizona Risk Management Services, P.O. Box 210300, Tucson AZ 85721-
0300, Attn: Director of Occupational and Environmental Health and Safety. OME will not be
responsible for any post- exposure testing and further prophylactic drug treatment.
5.10 In accordance with accreditation guidelines by the appropriate Accreditation Agency identified in
Section 3.7, OME will comply with, at a minimum, the following requirements:
i. Ensure responsibility for the control and operation of OME's facilities and its programs.
ii. Cooperate with the University and acknowledge the University's sole authority with respect
to its academic programs.
iii. Use its best efforts to ensure that its environment promotes the development of appropriate
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professional attributes in the Program Participants assigned thereto.
iv. Provide the clinical facilities and equipment reasonably necessary for the Program
Participants' clinical training and allow reasonable use of medical libraries, classrooms and
conference rooms, as mutually agreed.
5.11 Provide each Program Participant who has been approved for a rotation placement with all medical
supplies including Professional Protection Equipment (“PPE”) and adequate TB effective respirator fit
testing. Program Participants will be responsible for complying with the OME practices regarding how
and when to utilize the supplies including the frequency of changes of the PPEs during a typical daily
shift.
ARTICLE 6: MUTUAL RESPONSIBILITIES OF OME AND THE UNIVERSITY
6.1 The personnel of the OME and the faculty of the University assigned to the program will confer at such
times as may be mutually agreed upon to evaluate the educational program.
6.2 The personnel of the OME and the faculty of the University assigned to the program will cooperate in
providing a sound educational environment.
6.3 The parties may develop special provisions for other programs to be covered by this Agreement.
ARTICLE 7: COMPENSATION/PAYMENT
7.1 All training activities involving OME services rendered involving Program Participants covered by
this Agreement are considered to be educational in nature, and therefore, OME or the families of
the deceased of OME shall pay no monetary compensation to the Program Participants. Any salary,
stipend, and/or benefits, due a Program Participant shall be the sole responsibility of the University.
7.2. For services provided pursuant to this Agreement, no Maricopa County employee may receive
directly or indirectly any form of compensation from University in addition to the employee's regular
Maricopa County salary.
ARTICLE 8: CONFIDENTIALITY
8.1 The University shall notify the Program Participants that they are responsible for maintaining the
confidentiality of patient information. Program Participants shall not have access to, or have the right
to review, any medical record, except where necessary in the regular course of the training program
covered by this Agreement or in furtherance of any litigation arising out of Program Participant's
rotation at OME. Additionally, because of the University's reliance upon OME for information
required by federal, state and accreditation requirements, OME agrees to provide University access
to that information for those purposes. The discussion, transmission, or narration, in any form, by
Program Participants of any patient information of a personal nature, medical or otherwise, obtained
by the Program Participants is forbidden except as a necessary part of the training program covered
by this Agreement. University shall affirm that all Program Participants have received all mandatory
training required by Federal Rules and Regulations for the protection of patients' protected health
information (PHI) and that departmental records of completion of such training shall be available to
OME upon written request. Should OME require any additional training, University shall notify Program
Participants of such requirement and OME shall provide University with records of such attendance.
8.2 OME and University agree to abide by the limitations set forth in the Family Educational Rights and
Privacy Act (“FERPA”) and regulations at 34 CFR 99.33 regarding the protection of educational data.
Both parties acknowledge that this Agreement allows access to educational data, and agree to hold
that information in confidence. Both parties agree not to use or disclose educational data received
from or on behalf of either institution except as permitted or required by this Agreement, as otherwise
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required by law, or as authorized in writing by the Program Participant.
ARTICLE 9: NON-DISCRIMINATION
9.1 The parties shall comply with all applicable state and federal statutes and regulations governing
Equal Employment Opportunity, Non-Discrimination and Immigration in the course of carrying out
duties pursuant to this Contract. The Parties shall also comply with the provisions of Executive
Orders 75-5, as amended by Executive Order No. 99-4, which are incorporated into this Agreement
by reference as if set forth in full herein. OME agrees that, if a Program Participant files a complaint
either with OME or the University alleging that s/he has been subjected to unlawful discrimination
by OME, OME will cooperate with the University to investigate and resolve such complaints.
ARTICLE 10: AMERICANS WITH DISABILITIES ACT
10.1 The parties shall comply with all applicable provisions of the Americans with Disabilities Act (Public
Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including
28 CFR Parts 35 and 36.
ARTICLE 11: INSURANCE
11.1 Each party shall furnish to the other, upon execution of this Agreement and separate written request,
the following as applicable: certification of general liability insurance coverage and certification of
professional errors and omissions liability (professional liability) coverage reasonably satisfactory for
protection of assigned Program Participants as established in accordance with Arizona Revised
Statutes 41- 621 et seq., (State of Arizona Self-Insured Program), or amendments thereof, or other
pertinent statutes; and/or certification of comprehensive general liability insurance coverage, premises
liability coverage, and certification of professional errors and omissions liability (professional liability)
coverage reasonably satisfactory for protection of its employees in amounts of not less than $2,000,000
per occurrence and $4,000,000 annual aggregate.
11.2 Each party shall notify the other thirty (30) days prior to any discontinuance of such insurance
coverage. Upon either party's notice of the other's discontinuation of insurance coverage, the other
party shall then have the right to immediate termination of the Agreement.
ARTICLE 12: TERMINATION
12.1 Either party may, at any time and without cause, cancel this Agreement by providing the other
party with ninety (90) days advance notice. The parties agree that any such termination shall not
become effective with respect to the Program Participants then enrolled in a training rotation until
the Program Participants' scheduled rotation is completed, provided that OME continues to have
sufficient staffing and other resources to continue the program until that date.
12.2 If, in the judgment of either party to the Agreement, the other party does not perform in accordance
with the conditions of this Agreement, or is otherwise in default of any provision of this Agreement,
the party claiming non-performance or default shall give written notice to the other party specifying
the nature of the non-performance or default. If the non-performance or default is not corrected
within 30 days after receipt of such written notice, or if the non-performing or defaulting party fails
to diligently pursue remedies for corrections which require more than 30 days to complete, the party
claiming non-performance or default may terminate this Agreement.
12.3 The OME Chief Medical Examiner or his designee is authorized to provide notice of termination and
to terminate this Agreement on behalf of OME under the provisions set out in this Agreement.
12.4 Notwithstanding any other provision in this Agreement, this Agreement may be terminated if the
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Maricopa County Board of Supervisors does not appropriate sufficient monies for the purpose of
maintaining this Agreement. Should Maricopa County fail to appropriate the necessary funds, OME
may reduce the scope of its involvement in this Agreement, if appropriate, or cancel this Agreement
without further duty or obligation. OME shall notify the University of such action by delivering notice
to the University as soon as it learns of the unavailability of said funds.
12.5 The Parties recognize that the performance by the Arizona Board of Regents for and on behalf of the
University of Arizona may be dependent upon the appropriation of funds by the Legislature of the State
of Arizona. Should this Legislature fail to appropriate the necessary funds or if the University’s
appropriation is reduced during the term of this Agreement, the Arizona Board of Regents may reduce
the scope of the University’s involvement in this Agreement, if appropriate, or cancel this Agreement
without further duty or obligation. University shall notify OME of such action by delivering written notice
to OME as soon as it learns of the unavailability of such funds.
12.6 This Agreement may be canceled pursuant to Arizona Revised Statutes §38-511 as amended, without
penalty or further obligation, if any person significantly involved in initiating, negotiating, creating,
drafting, or obtaining this Agreement on behalf of either party is at any time while this Agreement or
any renewal and extension of this Agreement is in effect, an employee or agent in any capacity or a
consultant to the other party, with respect to the subject matter of this Agreement. Cancellation shall
be effective when written notice is received, unless the notice specifies a later time.
ARTICLE 13: ARBITRATION/ LITIGATION
13.1 This Agreement shall be governed by the laws of Arizona and the courts of Arizona shall have jurisdiction
over any litigation arising from or related to the Agreement.
13.2 The parties shall endeavor in good faith to promptly resolve any dispute arising under this Agreement
by direct negotiations between supervisors or executives who have authority to resolve the matter. Such
negotiations shall be conducted in the spirit of collaboration and compromise to address the legitimate
concerns of the parties, while avoiding more costly dispute resolution procedures.
13.3 The parties agree that pursuant to Arizona Rules of Civil Procedure, any disputes subject to Arizona
Revised Statutes §12-133 with an amount in controversy less than or equal to amounts set out in Arizona
Rules for Compulsory Arbitration shall be resolved by arbitration in Pima County.
ARTICLE 14: NON-WARRANTY
14.1 The parties do not warrant their respective right or power to enter into this Agreement and if the
same is declared null and void by court action initiated by third persons, there shall be no liability to
the other party by reason of such action or by reason of this Agreement.
ARTICLE 15: COMPLIANCE
15.1 Each party shall comply with all Federal, State and Local laws, rules, regulations, standards and
Executive orders, without limitation to those designated within this Agreement. The laws and
regulations of the State of Arizona shall govern the rights of the parties, the performance of this
Agreement and any disputes hereunder. Any changes in the governing laws, rules and regulations
during the terms of this Agreement shall apply, but do not require an amendment.
ARTICLE 16: REMEDIES
16.1 Either party may pursue any remedies provided by law for the breach of this Agreement. No right
or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative
and in addition to any other right or remedy existing at law or at equity or by virtue of this Agreement.
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ARTICLE 17: SEVERABILITY
17.1 If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall
continue valid and enforceable to the full extent permitted by law.
ARTICLE 18: INDEMNITY
18.1 Each party (as 'indemnitor') agrees to indemnify, defend, and hold harmless the other party (as
'indemnitee') from and against any and all claims, losses, liability, costs, or expenses (including
reasonable attorney's fees) (hereinafter collectively referred to as 'claims') arising out of bodily injury
of any person (including death) or property damage, but only to the extent that such claims which
result in vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence,
misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers.
ARTICLE 19: NOTICES
19.1 Any notice under this Agreement shall be deemed sufficiently given if sent by facsimile, courier,
electronic transmittal or similar reliable means of delivery, with receipt confirmed. Such notice shall be
directed as set forth below:
University OME
UAHS Contracts Maricopa County OME
1670 E. Drachman Street, 9th Floor ATTN: Administrative Director
PO Box 210216 701 W. Jefferson Street
Tucson, AZ 85721-0216 Phoenix AZ 85007
ARTICLE 20: USE OF NAME
20.1 Neither party will use the name or trademarks of the other party in any news release, publicity,
advertising, endorsement, or commercial communication without the prior written approval of the other
party.
ARTICLE 21: ASSIGNMENT
21.1 No party has the right or the power to assign this Agreement, in whole or in part, without the prior
written consent of the other parties, and any purported assignment in contravention of this provision
shall be null and void.
ARTICLE 22: ENTIRE DOCUMENT
22.1 This Agreement constitutes the entire document, and the understanding among the parties. This
Agreement may not be modified, amended, altered or extended except through a written amendment
signed by the parties.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates indicated below.
MARICOPA COUNTY AZ BOARD OF REGENTS
on behalf of THE UNIVERSITY OF AZ
Digitally signed by Elisha
By: By: Elisha Johnson Johnson
Date: 2019.10.31 15:35:36
-07'00'
Name: Bill Gates Name: Elisha Johnson, JD
Title: Chairman, Board of Supervisors Title: Assistant Director, Research Administration
Date: Date:
ATTEST:
By:
Date
DETERMINATION OF COUNSEL
Pursuant to ARS 11-201, the Agreement has been reviewed by the undersigned attorney
for Maricopa County who has determined that it is in proper form and is within the powers
and authority granted under the laws of the State of Arizona.
By:
Date
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