FINAL IGA LOA BTW MIHS AND OME 2019.06.03 V2.DOCX

Maricopa County — Formal (2019-06-12)

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INTERGOVERNMENTAL LETTER OF AGREEMENT BETWEEN
MARICOPA COUNTY SPECIAL HEALTH CARE DISTRICT
(“District”)
d.b.a.
MARICOPA INTGEGRATED HEALTH SYSTEM (“MIHS”)
AND
MARICOPA COUNTY (“County”) Acting through its OFFICE OF THE MEDICAL
EXAMINER (“OME”)
This Letter of Agreement (“Agreement”) serves to address laboratory testing services purchased
from the Maricopa County Special Health Care District ("DISTRICT") by Maricopa County (COUNTY)
on behalf of the Office of the Medical Examiner ("OME").
1. PREFACE
The District d.b.a. Maricopa Integrated Health Services and Maricopa County have enjoyed a long-
standing relationship with regard to services that the District provides to the County. Both parties believe
that it would be in their best interests to have this Intergovernmental Letter of Agreement reflect the duties
and responsibilities of the respective parties with respect to the laboratory testing services, provided by
MIHS to OME.
The parties agree that this Agreement is not exclusive and that the County retains the right to obtain any
of the services referenced herein in the open market.
2. PARTIES
The parties to this Intergovernmental Letter of Agreement are Maricopa County Special Health Care
District (“District”) d.b.a. Maricopa Integrated Health System (“MIHS”) and Maricopa County (“County”),
acting through its Office of the Medical Examiner (“OME”).
3. PURPOSE
The purpose of this Agreement is to establish guidelines for the provision of services to County by District
including but not limited to laboratory testing services provided by MIHS and payment by County to District
for such services. Such services are to be provided by Qualified Personnel employed by or under contract
to District.
4. TERM AND TERMINATION
The Initial Term of this Agreement shall be retroactive to January 1, 2019 through December 31, 2024.
Either party may terminate the Agreement with 60 days prior written notice to the other party. The Parties
may by mutual agreement extend the period of performance beyond the initial term.
5. DISPUTES
Any dispute arising out of this Agreement that is not resolved by agreement between the parties shall be
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resolved through arbitration, after existing administrative review, to the extent required by the MIHS
Procurement Code (available at https://mihs.org/uploads/Full%20District%20Procurement%20Code%20-
%20Eff%2006-28-2017.pdf) as amended from time to time.
6. SCOPE OF SERVICES
A. COUNTY may submit lab test requests to the MMC Laboratory, 2601 East Roosevelt, phone: 602-
344-5520, as needed twenty-four (24) hours a day, seven (7) days a week.
B. Depending on the urgency and the type of test, COUNTY shall receive the results by e-fax within
24 hours of receipt of lab test request.
C. For certain tests (such as expedited CO testing), DISTRICT shall call COUNTY with results.
D. The laboratory name and name of the Director of the laboratory will appear on the result report.
E. Reports will include the decedent name, identification number, referring contracted medical
provider, date of specimen receipt, date of service, results, location ID and any comments pertinent
to the specimen or reported results.
F. Results will be conveyed to COUNTY via e-fax upon completion of testing in a timely manner. An
e-fax copy of the laboratory result must be submitted within three (3) working days upon completion
of testing.
7. LICENSURE/CERTIFICATION REQUIREMENTS
All Department and MIHS staff providing services under this Agreement shall be qualified to provide
services through appropriate training, education, experience and/or certification/licensure (if applicable).
Documentation of qualifications shall be maintained in MMC personnel files.
MMC shall obtain and maintain licensure/certification/accreditation/permits necessary to do business
under this Agreement and in accordance with applicable laws/regulations.
8. CONFIDENTIALITY OF RECORDS
DISTRICT shall maintain procedures and controls in accordance with federal and state law, Arizona
Administrative Code and DISTRICT Policies for the purpose of assuring that no information contained in
records or obtained from COUNTY or from others in carrying out its duties under this Agreement shall be
used or disclosed by DISTRICT except as is essential to performance of duties under this Agreement or
as otherwise required by law.
9. E-VERIFICATION OF EMPLOYEES
Both parties warrant that they are in compliance with A.R.S. § 41-4401 and further acknowledge:
A. That both parties and its subcontractors, if any, 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: after December 31, 2007, every employer, after hiring an
employee, shall verify the employment eligibility of the employee through the e-verify program
and shall keep a record of the verification for the duration of the employee's employment or at
least three years, whichever is longer.;
B. That a breach of a warranty under subsection A above shall be deemed a material breach
of this Agreement that entitles both parties to, among other things, terminate this
Agreement without liability;
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C. That both parties retain the right to inspect the papers of any subcontractor employee who
works on this Agreement to ensure that both parties and all subcontractors are complying with
the warranty provided under subsection A above, and that both parties shall make all papers
and employment records of said employee(s) available during normal working hours in order
to facilitate such an inspection.
D. That nothing herein shall make both parties or any subcontractor an agent or employee of
the MIHS or the County.
10. COLLABORATIVE USE OF CONTRACTS
When feasible and mutually advantageous. DISTRICT and COUNTY agree to work collaboratively to
effect savings through increased volume and efficiencies.
11. BILLING REIMBURSEMENT AND COMPENSATION
A. At the beginning of each month, DISTRICT shall submit two (2) legible copies of their detailed
invoice before payments(s) can be made. At a minimum, the invoice must provide the following
information:
 Company name, address and contact
 County bill-to name and contact information
 Contract/Serial Number
 County purchase order number (if applicable)
 Unique invoice number and date
 Payment terms
 Date of service or delivery
 Quantity
 Contract Item Numbers(s) (HCPC or CPT Code)
 Description of Purchase (services)
 Pricing per unit of service (AHCCCS Rate)
 Extended Price (if applicable)
 Total Amount Due
B. Problems regarding billing or invoicing shall be directed to the using agency.
C. Payment shall be made by Maricopa County Accounts Payable through the Maricopa County
Electronic Funds Transfer (EFT) process.
D. If a credit is due to either MIHS or the Office of Medical Examiner, a written credit memo shall
document and accompany any changes.
E. Requested services provided to County by District shall be reimbursed in accordance with the
MIHS relevant Arizona Health Care Cost Containment System (AHCCCS) fee schedule in place
at the date of service.
F. OME will request pricing on a yearly basis for updated fiscal year pricing which occurs on July 1st.
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12. UTILIZATION REVIEW
A. DISTRICT will maintain an internal utilization review process. Data from utilization review will be
provided, as available, to facilitate evaluations and insure the most cost-effective use of DISTRICT
and COUNTY resources.
B. Where appropriate DISTRICT will include COUNTY staff in its utilization review and peer review
programs and, where permitted by law, provide data to COUNTY, as it is available, to facilitate the
evaluation of services provided and ensure the most cost-effective use of DISTRICT and COUNTY
resources.
13. TERMINATION FOR LACK OF FUNDING
If any action is taken by any State, Federal or other agency or instrumentality to suspend, decrease or
terminate its fiscal obligations under, or in connection with, this Agreement, DISTRICT or COUNTY
may amend, suspend, decrease or terminate its obligations under, or in connection with, this
Agreement with 30 days written notice. Notwithstanding the above, COUNTY shall not make referral
to DISTRICT for any services not funded.
14. SUBCONTRACTORS/ASSIGNMENTS/AGREEMENTS
A. No subcontract, assignment or agreement alters DISTRICT'S responsibility to COUNTY to assure
that all services provided under this Agreement are carried out. All terms and conditions in this
Agreement shall be included in all subcontracts, assignments or agreements.
B. The President and CEO of DISTRICT or the Maricopa County Board of Supervisors may request
the termination of any subcontract, assignment or agreements due to the subcontractor's inability
to perform, professional misconduct, breach of agreement or continual neglect of duty.
15. AGREEMENT OF COMPLIANCE MONITORING
COUNTY shall monitor DISTRICT compliance with, and performance under, the terms and conditions
of this Agreement. On-site visits for compliance monitoring may be made by COUNTY at any time
during MMC normal business hours, announced or unannounced. DISTRICT shall make available for
inspection and/or copying by COUNTY monitors all records and accounts relating to the work
performed or the services provided under this Agreement, unless prohibited by law. DISTRICT agrees
to take corrective action to resolve issues identified through monitoring findings. COUNTY shall
maintain the confidentiality of any copied records, which contain patient identifying information.
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16. COMMUNICATION
Informal communication for operational issues may be directed to the appropriate individual listed
below:
FOR DISTRICT:
Carlos Jimenez
Laboratory
Maricopa Medical Center
2601 E. Roosevelt
Phoenix, Arizona 85008
Email: Carlos.jimenez@mihs.org
Phone: (602) 344-5801
FOR MARICOPA COUNTY and its OFFICE OF THE MEDICAL EXAMINER:
Sam Cook
Forensic Services Manager
Maricopa County OME
701 W. Jefferson Street
Phoenix AZ 85007
Email: Sam.cook@maricopa.gov
Phone: (602) 506-8696
17. FORMAL NOTICES
Formal notices shall be delivered to:
FOR DISTRICT:
Maricopa Integrated Health System Director
Procurement and Contracts Management
2511 E Pierce Street, 2nd Floor
Phoenix AZ 85008
FOR MARICOPA COUNTY and its OFFICE OF THE MEDICAL EXAMINER:
Maricopa County OME
Administrative Director
701 W Jefferson Street
Phoenix AZ 85007
18.ENTIRE AGREEMENT
All amendments and modifications to this Agreement shall be in writing and signed by both parties and
are subject to the approval of the approval of the President and Chief Executive Officer of DISTRICT
and the Maricopa County Board of Supervisors.
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IN WITNESS WHEREOF, the parties agree to enter into this Agreement:
MARICOPA COUNTY OFFICE OF MARICOPA COUNTY
THE MEDICAL EXAMINER BOARD OF SUPERVISORS
BY: BY:
________________________________ _________________________________
Jeffrey S. Johnston, MD Chairman, Board of Supervisors
Chief Medical Examiner and Director
Date: ______________________
Date: ______________________
Approve as to form: ATTEST:
______________________________ ________________________________
Deputy County Attorney for Maricopa Clerk of the Board
County Office of the Medical Examiner
Date:______________________ Date:
FOR AND ON BEHALF OF MARICOPA INTEGRATED HEALTH SYSTEM
BY:
__________________________________
Mark G. Dewane
Chair, Board of Directors
Date: ______________________
ATTEST:
________________________________
Melanie Talbot, Clerk of the Board
Date: ______________________
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