MAR-226989 MARICOPA COUNTY MEDICAL EXAMINER OFFICE - MAYO SOM 2017.PDF

DocuSign Envelope ID: 79B08BB6-E142-44A9-84FC-8CD00807B699
AFFILIATION AGREEMENT
This Agreement is made by and between the Mayo Clinic through its Mayo Clinic School of Medicine, with
locations in Rochester, Minnesota, and Scottsdale, Arizona, (hereinafter "Mayo") 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, Mayo wishes to participate with OME in providing coordinated clinical educational
programs for the education and training of medical students (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 Mayo and
Maricopa County.
THEREFORE, the parties hereby agree as follows:
ARTICLE 1: TERM
1.1 The Term of this Agreement is entered into October 1, 2017 and shall terminate on September 30,
2022, 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 Mayo 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 Mayo. 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 while providing
services 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 supervision.
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.
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3.7 Accreditation Compliance. This agreement covers Mayo Clinic College of Medicine. The accreditation
body ("Accreditation Agency") responsible for the accreditation of the academic program is the Liaison
Committee on Medical Education (LCME)..
ARTICLE 4: MAYO 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, Mayo 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 Mayo a statement in
writing of 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 Mayo agrees to 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 the 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
proof of adequate fit testing for the respirator and (e) immunization for Measles and Rubella.
4.5 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 medical student program in accordance with applicable accreditation
guidelines and standards.
4.6 Notify Program Participants of OME's requirement to provide personal protective equipment (PPE).
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
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Participants' performance and review of their clinical decisions, diagnoses, treatment and/or procedures
as applicable.
5.5 Notify Mayo 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, if 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 an assessment of the
incident to determine exposure significance and the necessity for initial prophylactic treatment, if
applicable. Additionally, OME will ensure any required assessment and treatment will be within the time
limits articulated, in compliance with the most recent Centers. for Disease Control (CDC) Guidelines, and
consistent with the Occupational Safety and Health Administration (OSHA) Standards. OME will
immediately make available to the affected Program Participant a copy of all records of such treatment
and follow up if available and applicable including the HIV, HBV and HCV status, of the source to the
extent permitted by law. If OME does not directly provide care consistent with the level of exposure,
then 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. Finally, OME will provide copies of all
incident reports documenting the circumstances of the exposure to: Mayo Clinic Attn:. OME will not
be responsible for any post- exposure testing and further prophylactic drug treatment. Mayo agrees
that it will reimburse OME for the cost of providing initial prophylactic treatment upon reasonable
demand for payment sent to the. OME will not bill Program Participant for the initial prophylactic
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 Mayo and acknowledge Mayo's sole authority with respect to academic
programs.
iii. Use its best efforts to ensure that its environment promotes the development of appropriate
professional attributes in the Program Participants assigned thereto.
iv. Provide the clinical facilities and equipment reasonably necessary for the Program Participants'
clinical training (as appropriate to include but not be limited to: on-call rooms and meals, study
space, cafeteria, parking, etc.) and allow reasonable use of medical libraries, classrooms and
conference rooms, as mutually agreed.
ARTICLE 6: MUTUTAL RESPONSIBILITIES
6.1 Mayo agrees to notify each Program Participant who has been approved for a rotation placement with
OME to bring their own medical and school supplies in order to participate in the learning activities at
the facility. All medical supplies including the Professional Protection Equipment ("PPE") must be
supplied by each Program Participant starting on the first day of the rotation placement. If the Program
Participant does not have the medical supplies the rotation assignment cannot be initiated until the
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appropriate supplies are acquired. OME will provide the names and locations of medical supply
vendors in the Phoenix Metropolitan area whose equipment meets OME's technical specifications to
the Program Participants. The equipment must meet all OME and OSHA safety standards. OME will
be responsible for providing a secured location for the Program Participant to store their medical and
school supplies at the start of the rotation. Program Participants will be responsible for complying with
the OME practices regarding how arid when to utilize the supplies including the frequency of changes
of the PPE's during a typical daily shift. The medical supplies must be inspected by the examination
technician supervisor in order to insure compliance with OSHA and OME standards.
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 Mayo.
7.2. For services provided pursuant to this Agreement, no Maricopa County employee may receive directly
or indirectly any form of compensation from Mayo in addition to the employee's regular Maricopa
County salary.
ARTICLE 8: CONFIDENTIALITY
8.1 Mayo 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 Mayo's reliance upon OME for information required by federal, state and
accreditation requirements, OME agrees to provide Mayo 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. Mayo 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, Mayo shall notify Program Participants of such requirement and OME
shall provide Mayo with records of such attendance.
8.2 OME and Mayo 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
strict 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 required by law, or as
authorized in writing by Student.
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 Contract by reference as if
set forth in full herein. OME agrees that, if a Program Participant files a complaint either with OME or
Mayo alleging that s/he has been subjected to unlawful discrimination by OME, OME agrees to
cooperate with Mayo 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
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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 Mayo shall furnish OME, upon execution of this Agreement and separate written request, 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.
11.2 OME shall furnish Mayo, upon execution of this Agreement and separate written request, 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.
11.3 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
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 or if the
Mayo's appropriation is reduced during the term of this Agreement, Maricopa County 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 Mayo of such action by delivering notice to Mayo 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
Mayo 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 Mayo's appropriation
is reduced during the term of this Agreement, the Arizona Board of Regents may reduce the scope of
the Mayo's involvement in this Agreement, if appropriate, or cancel this Agreement without further duty
or obligation. Mayo shall notify OME of such action by delivering written notice to OME as soon as it
learns of the unavailability of said funds.
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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: NON-WARRANTY
13.1 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 14: COMPLIANCE
14.1 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 15: REMEDIES
15.1 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.
ARTICLE 16: SEVERABILITY
16.1 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 17: INDEMNITY
17.1 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 18: NOTICES
18.1 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:
ARTICLE 19: USE OF NAME
19.1 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. All
requests for approval for the use of Mayo’s name pursuant to this Section must be submitted to the Mayo
Clinic Public Affairs Business Relations Group, at the following email address:
BusinessRelations@mayo.edu, at least 5 business days prior to the date on which a response is needed.
ARTICLE 20: ASSIGNMENT
20.1 No party has the right or the power to assign this Agreement, in whole or in part, without the prior written
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consent of the other parties, and any purported assignment in contravention of this provision shall be null
and void.
ARTICLE 21: ENTIRE DOCUMENT
21.1 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.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the dates indicated
below.
MARICOPA COUNTY MAYO CLINIC SCHOOL OF MEDICINE
By:
By:
Name:
Name: Marcia L. Andresen-Reid, MS
Title: Chairman, Board of Supervisors
Title: Administrator
Date:
Date: 9/20/2017
ATTEST: MAYO CLINIC
By: By:
Date
Name: Gary C. Cseko, M.S., M.B.A
Title: Division Chair, Education
Date: 9/19/2017
Mayo EBS
Reviewed by:
____________
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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