DRAFT AFFILIATION AGREEMENT - MCOME AND GRAND CANYON UNIVERSITY 2025.04.14.PDF
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AFFILIATION AGREEMENT
This Agreement is made by and between Grand Canyon University (GCU) and Maricopa County, a political
subdivision of the State of Arizona, on behalf of the Maricopa County Office of the Medical Examiner, 701
West Jefferson Street, Phoenix, Arizona 85007-2908, ("OME"). GCU and OME are sometimes referred to herein
individually as “party” or collectively as “parties.”
RECITALS
WHEREAS, GCU, in connection with educating its students through its Forensic Science Program,
seeks certain practical learning internship experiences for its students; and
WHEREAS, GCU is committed to delivering high-quality education and building pathways for the
exchange of knowledge and opportunity between the state, the nation, and the world; and
WHEREAS, GCU desires that certain of its students (“Students”) under the direct control and guidance
of a designated Faculty member of GCU, be permitted to visit and utilize the premises of OME to afford such
Students the opportunity to have practical learning experiences at OME; and
WHEREAS, Maricopa County and the OME recognize the need for and desire to aid in the educational
development of Students in forensic science programs and is willing to permit GCU’s Students to participate in
medicolegal death investigations to the extent it is reasonable, proper, and professionally acceptable for it to
do so.
THEREFORE, the parties hereby agree as follows:
ARTICLE 1: TERM
1.1
The Term of this Agreement is effective June 1, 2025 and shall terminate on May 31, 2030 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 GCU and OME. OME is authorized
to sign these renewals.
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
Students will participate in services in their assigned areas as mutually agreed upon between OME
and GCU. Notice of any changes will be coordinated with the appropriate OME Professional staff.
3.2
Students are not to be considered as ostensible agents, independent health care providers, patient
advocates, or volunteers, employees or agents of Maricopa County. Furthermore, Students are to
be considered as individuals participating in educational development programs while participating
in services pursuant to the terms of this Agreement.
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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 Students,
individually or collectively, and Maricopa County.
3.4
The applicable OME Professional Staff will oversee and modify as necessary the duties of the
Students performed in accordance with learning objectives of those Students under their
supervision.
3.5
Accreditation Compliance. This Agreement covers GCU. The accreditation body ("Accreditation
Agency") responsible for the accreditation of the academic program is the Higher Learning
Commission (HLC).
ARTICLE 4: GCU RESPONSIBILITIES
4.1
Ensure that each Student is in good standing in their program and complies with all applicable laws
and rules established by the State and Federal Government. Student(s) recommended for the
internship position must have successfully met the academic eligibility requirements as well as
demonstrated readiness to enter field placement. GCU will notify OME of any changes in the
recommended student(s).
4.2
Ensure that Students understand they will be assigned to a weekly shift (8-10 hours depending on the
section) and that the internship consists of a minimum of one hundred twenty (120) hours in the
semester. Any changes to the assigned schedule will need to be approved by the assigned OME
Supervisor.
4.3
GCU will provide a point of contact who will consult periodically with the student(s) to help them
process the internship experience, monitor their progress, and assess the students’ readiness to
function in the capacity placed. They will facilitate communication between the student(s), the
Internship Site Supervisor, and other administrative personnel.
4.4
GCU will provide and coordinate the individual educational and training programs for Students,
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.
4.5
Ensure that Students agree to comply with all applicable policies, procedures, rules and regulations
of OME, as provided by OME to the Student(s). Upon OME's request, GCU shall remove any Student
for unsatisfactory performance or failure to comply with OME's policies, procedures, rules and
regulations, or any applicable laws and rules of the State of Arizona. OME agrees to provide GCU
a statement in writing of the reason(s) for the requested removal of the Student. The withdrawal,
dismissal, or removal of a Student shall not affect continuation of this Agreement or the continued
training of other Students assigned to OME. However, repeated issues with Student preparedness,
behavior, or performance may result in termination of the entire Agreement.
4.6
Ensure Students understand they will need to sign paperwork including a Volunteer Services
Agreement and OME Visitor Agreement Release Form; provide documentation regarding
immunizations, medical clearance to wear a TB effective respirator, and copy of a government ID;
and complete a background check.
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4.7
Maintain accreditation by the nationally recognized accreditation entity identified in Section 3.5.
Provide qualified faculty and a structured educational experience to Students in accordance with
the accreditation standards of the applicable Accreditation Agency, including operating and
managing the University and their associated student program in accordance with applicable
accreditation guidelines and standards.
ARTICLE 5: OME RESPONSIBILITIES
5.1
Interview Students recommended by GCU and provide final approval for internship.
5.2
Ensure the availability of qualified applicable professional staff for the oversight, immediate and
direct supervision of the Students. OME agrees to notify its staff of the obligations covered by and
agreed to in this Agreement. Should staff be unavailable for a period of time, a pause in services may
be necessary for several months. OME will work to ensure this pause is as short as possible.
5.3
Ensure the oversight of Students as set out within this Agreement and that such participation shall
be performed in a professional manner consistent with the applicable accreditation standards and
requirements, as well as the requirements, policies, procedures, and practices of OME.
5.4
OME shall provide a minimum of one hundred twenty (120) hours of internship activity for each
student. OME will complete a GCU-provided Internship Verification Form and Supervisor Evaluation
Form upon completion of the students’ internship, if required.
5.5
Notify OME Professional Staff involved in oversight of Students of its responsibilities as supervisory
staff, which include participation in evaluations of Students' performance. A written evaluation will
be provided on evaluation forms provided by GCU, if required.
5.6
Notify GCU of concerns regarding any Student's safety and/or appropriateness affecting their ability
to carry out the responsibilities set out in this Agreement.
5.7
Provide Students with training in Blood and Body Fluid Precautions pursuant to OME's policies and
procedures for their facilities and programs.
5.8
OME shall provide to the Students covered by this Agreement emergency medical care and
treatment in life threatening situations that arise during the Students' educational development at
OME to the extent such treatment and care is available at OME; however, OME does not provide
Emergency Room care in its facilities. OME shall provide for the prompt and appropriate transfer
of the Student to such a facility. In such case, all associated expenses for such medical care and
treatment shall not be the responsibility of OME.
5.9
The administration of didactic and hands on educational services at the facilities of OME shall be
the sole responsibility of OME.
5.10
Pursuant to paragraph 5.7 and if applicable, OME agrees that, upon report of exposure to an
infectious agent or hazardous material of Students (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 Student to a facility that OME has designated for
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occupational exposure management. Finally, OME will provide copies of all incident reports
documenting the circumstances of the exposure to GCU. OME will not be responsible for any post
exposure testing and further prophylactic drug treatment.
5.11
In accordance with accreditation guidelines by the appropriate Accreditation Agency identified in
Section 3.5, 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 GCU and acknowledge GCU'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 Students assigned thereto.
iv.
Provide the facilities and equipment reasonably necessary for the Students' training and
allow reasonable use of medical libraries, classrooms and conference rooms, as mutually
agreed.
5.12
Provide each Student who has been approved for a rotation placement with all medical supplies
including Personal Protection Equipment (“PPE”) and adequate TB effective respirator fit testing.
Students 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.
5.13
CDC and Maricopa County guidelines will be followed concerning COVID-19.
ARTICLE 6: MUTUAL RESPONSIBILITIES OF OME AND GCU
6.1
The personnel of the OME and the faculty of GCU 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 GCU assigned to the program will cooperate in providing
a sound educational environment.
6.3
The internship will serve as a professional educational learning experience. OME will not use
student(s) to substitute or replace personnel for routine workload, rather the student(s) will assist and
observe.
6.4
The student(s) will have opportunities to engage in a variety of activities so as to ensure the
opportunity for professional development and adequate evaluation of the students’ level of
professional competence.
6.5
GCU agrees to inform potential students that they are expected to meet the health-immunization
requirements, criminal background checks, and/or drug tests of the OME and that failure to do so will
result in a retraction of the placement offer. OME agrees to inform the students of the type and out
of pocket cost of the specific health/immunization requirements, criminal background checks, and /or
drug tests related to the placement. Any and all discussions related to the health requirements shall
be communicated directly between the potential student and the OME.
6.6
The parties shall retain all data and other records ("records") relating to the Agreement for a period of
five (5) years after the completion of the Agreement. All records shall be subject to inspection and
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audit by OME at reasonable times. Upon request, GCU shall produce a legible copy of any or all such
records.
ARTICLE 7: COMPENSATION/PAYMENT
7.1
All educational or development activities rendered to Students, or activities undertaken by Students,
by virtue of this Agreement are purely educational in nature. The County or OME shall not pay
monetary compensation or provide any benefits to the Students other than as specifically described
herein. Any salary, stipend, and/or benefits due a Student shall be the sole responsibility of GCU.
7.2.
For services provided pursuant to this Agreement, no Maricopa County employee may receive
directly or indirectly any form of compensation from GCU in addition to the employee's regular
Maricopa County salary.
ARTICLE 8: CONFIDENTIALITY
8.1
GCU shall notify the Students that they are responsible for maintaining the confidentiality of patient
information. Students 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 Student's rotation at OME. Additionally, because of GCU's
reliance upon OME for information required by federal, state and accreditation requirements, OME
agrees to provide GCU access to that information for those purposes. The discussion, transmission,
or narration, in any form, by Students of any patient information of a personal nature, medical or
otherwise, obtained by the Students is forbidden except as a necessary part of the training program
covered by this Agreement.
8.2
OME and GCU 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: COMPLIANCE WITH LAW
9.1
The parties shall comply with all applicable state and federal statutes and regulations, including
but not limited to Equal Employment Opportunity, Non-Discrimination, Immigration, Americans with
Disabilities Act, E-Verification, and the Uyghur Forced Labor Prevention Act.
ARTICLE 10: INSURANCE
10.1
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 Students 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)
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coverage reasonably satisfactory for protection of its employees in amounts of not less than
$1,000,000 per occurrence and $3,000,000 annual aggregate. For GCU, such insurance shall be
obtained from a reputable insurance company or may be provided through a self-insurance program
or combination thereof.
10.2
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 11: TERMINATION
11.1
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 Students then enrolled in an internship until the Students'
scheduled internship is completed, provided that OME continues to have sufficient staffing and
other resources to continue the program until that date.
11.2
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.
11.3
The OME Chief Medical Examiner or their 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.
11.4
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, 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 GCU of such action by delivering notice to GCU
as soon as it learns of the unavailability of said funds.
11.5
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 12: ARBITRATION / LITIGATION
12.1
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.
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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.
12.2
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.
ARTICLE 13: AUTHORITY
13.1
The undersigned hereby represent and warrant that they are fully authorized to execute this
Agreement without obtaining the consent of any third party.
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. 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 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 to be valid and enforceable to the full extent permitted by law.
ARTICLE 17: INDEMNITY
17.1
Each party agrees that it shall be responsible for all demands, claims, damages to persons and/or
property, losses or liabilities, including reasonable attorney fees arising out of or caused by the party’s
negligence or intentional misconduct, if assessed by a court of competent jurisdiction to be the
responsibility of that party.
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:
Maricopa County OME
Grand Canyon University
ATTN: Administrative Director
ATTN: Jon Valla
701 W. Jefferson Street
College of Natural Sciences
Phoenix AZ 85007
3300 W Camelback Road
Phoenix AZ 85017
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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. Requests to use GCU’s name or logo should be sent to Jon Valla (above)
ARTICLE 20: ASSIGNMENT
20.1
This Agreement may not be assigned by either party without the written consent of the other party
hereto.
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 and delivered by person or by registered mail.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the dates indicated below.
MARICOPA COUNTY
GCU:
BOARD OF SUPERVISORS
BY:
BY:
_____________________________________
______________________________________
Thomas Galvin
DATE
Randy Gibb, Ph.D.
DATE
Chairman, Board of Supervisors
Provost, Grand Canyon University
ATTEST:
_____________________________________
Juanita Garza
DATE
Clerk of the Board
APPROVED AS TO FORM:
_____________________________________
Kimberly Miles
DATE
Deputy County Attorney