DRAFT AFFILIATION AGREEMENT - MCOME AND WEST VIRGINIA UNIVERSITY 2024.02.13.DOCX

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AFFILIATION AGREEMENT
This Agreement is made by and between West Virginia University Board of Governors on behalf of West 
Virginia University and the Eberly College of Arts and Sciences (WVU), 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, (hereinafter "OME").  WVU and OME are sometimes 
referred to herein individually as “party” or collectively as “parties.”
RECITALS
WHEREAS, WVU, in connection with educating its students through its Forensic and Investigative 
Science Program, seeks certain practical learning and/or clinical internship experiences for its students; and
WHEREAS, WVU 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, WVU desires that certain of its students (“Students”) under the direct control and 
guidance of a designated Faculty member of WVU, 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 desires to aid in the educational 
development of Students in forensic and investigative science programs and is willing to permit WVU’s 
Students to participate in post mortem cases 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 April 1, 2024 and shall terminate on March 31, 2029 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 WVU 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 WVU. 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
This Agreement shall apply to all OME's sites in Maricopa County.
3.6
Accreditation Compliance.  This Agreement covers WVU. The accreditation body ("Accreditation 
Agency") responsible for the accreditation of the academic program is the Forensic Science 
Education Programs Accreditation Commission (FEPAC).
ARTICLE 4:   WVU 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) selected for the internship 
position must have successfully met the academic eligibility requirements as well as demonstrated 
readiness to enter field placement.  WVU will notify OME of any changes in the selected student(s).
4.2
WVU will provide an Internship Coordinator 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.  The Internship Coordinator will facilitate communication between 
the student(s), the Internship Site Supervisor, and other administrative personnel. 
4.3
WVU 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.
4.4
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, WVU shall remove any 
Student 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 WVU 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.
4.5
WVU has responsibility for the assignment of a final grade for the internship experience.
4.6
Provide OME, upon execution of this Agreement and separate written request, certification of 
worker’s compensation coverage for eligible Participants who are WVU employees.
4.7
Provide OME with documentation, upon execution of this Agreement and separate written request, 
that Students 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

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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.  CDC and Maricopa County guidelines will be followed 
concerning COVID-19.
4.8
Maintain accreditation by the nationally recognized accreditation entity identified in Section 3.7. 
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 medical student program in accordance with 
applicable accreditation guidelines and standards.
ARTICLE 5:   OME RESPONSIBILITIES
5.1
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.
5.2
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.
5.3
OME shall provide a minimum of two hundred seventy (270) hours of internship activity for each 
student.  OME will complete a WVU-provided Internship Verification Form and Supervisor Evaluation 
Form upon completion of the students’ internship.
5.4
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 WVU.
5.5
Notify WVU of concerns regarding any Student's safety and/or appropriateness affecting their 
ability to carry out the responsibilities set out in this Agreement.
5.6
Provide Students 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 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.
5.8
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 Students (i.e. needle stick, inhalation, mucus membrane

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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 WVU has designated for 
occupational exposure management.  Finally, OME will provide copies of all incident reports 
documenting the circumstances of the exposure to WVU.  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 WVU and acknowledge WVU'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.
5.11
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.
ARTICLE 6:  MUTUAL RESPONSIBILITIES OF OME AND WVU
6.1
The personnel of the OME and the faculty of WVU 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 WVU 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
WVU 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.

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6.6
The specific responsibilities, requirements and information related to the specific programs that are 
attached and incorporated into this Agreement as Special Provisions as necessary. The parties may 
develop special provisions for other programs to be covered by this Agreement.
6.7
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 
audit by OME at reasonable times. Upon request, WVU 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 WVU.
7.2.
For services provided pursuant to this Agreement, no Maricopa County employee may receive 
directly or indirectly any form of compensation from WVU in addition to the employee's regular 
Maricopa County salary.
ARTICLE 8: CONFIDENTIALITY
8.1
WVU 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 WVU's 
reliance upon OME for information required by federal, state and accreditation requirements, OME 
agrees to provide WVU 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.  WVU shall affirm that all Students 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, WVU shall notify Students of such 
requirement and OME shall provide WVU with records of such attendance.
8.2
OME and WVU 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 Agreement.  The Parties shall also comply with the provisions of Executive

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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 Student files a complaint either with 
OME or WVU alleging that s/he has been subjected to unlawful discrimination by OME, OME will 
investigate the complaint and provide the results of the OME investigation to WVU as permitted by 
law. 
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.
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 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) 
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 WVU, such insurance shall be 
obtained from a reputable insurance company or may be provided through a self-insurance program 
or combination thereof.
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 Students then enrolled in a training rotation until the 
Students' 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 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.

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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, 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 WVU of such action by delivering notice to 
WVU as soon as it learns of the unavailability of said funds.
12.5
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 13:  ARBITRATION / LITIGATION
13.1
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.  
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..  
ARTICLE 14: AUTHORITY
14.1
The undersigned hereby represent and warrant that they are fully authorized to execute this 
Agreement without obtaining the consent of any third party.
ARTICLE 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. 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 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 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.

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ARTICLE 18: INDEMNITY
18.1
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 19:  SPECIAL PROVISIONS
19.1
The attached Special Provisions, which may set forth additional particular responsibilities of the 
Parties hereto, are, by this reference, made for all purposes a part of this Agreement.  They are not 
intended to limit the Parties to this Agreement from developing Special Provisions for other programs 
covered by this Agreement.  In cases where the representations of the Special Provisions differ from 
those in the General Provisions, the representations of the General Provisions shall control.
19.2
Special Provisions shall be added or amended as necessary to reflect changes including, but not 
limited to, payment, personnel or supervisor changes, and will be attached to and become a part of 
this Agreement when such Special Provisions have been mutually agreed to and signed by the 
appropriate and authorized persons from each party.
ARTICLE 20: NOTICES
20.1
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:
Office of the Dean
OME
West Virginia University
Maricopa County OME
Eberly College of Arts and Sciences
ATTN:  Administrative Director
Dept of Forensic and Investigative Sciences
701 W. Jefferson Street
201 Woodburn Hall
Phoenix AZ  85007
PO Box 6286
Morgantown WV  26506-6286
ARTICLE 21: USE OF NAME
21.1
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 WVU’s name or logo should be sent to the Director of Brand and 
Trademark Licensing at trademarklicensing@mail.wvu.edu.
ARTICLE 22: ASSIGNMENT
22.1
This Agreement may not be assigned by either party without the written consent of the other party 
hereto; provided that WVU may assign this Agreement to a successor board, agency, or commission 
of the State of West Virginia by giving written notice to OME.

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ARTICLE 23:  E-VERIFICATION
23.1
WVU warrants that it is in compliance with A.R.S. § 41-4401 and further acknowledges that it and its 
subcontractors participating under this Agreement, 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(A). WVU further acknowledges that a breach of such warranty shall be deemed a material breach 
of the Agreement that is subject to penalties up to and including termination of the Agreement.
23.2
OME retains the legal right to inspect the papers of any contractor or subcontractor employee who 
works on the Agreement to ensure that the contractor or subcontractor is complying with the 
warranty provided above and that the contractor agrees to make all papers and employment records 
of said employee(s) available during normal working hours in order to facilitate such an inspection.
23.3
Nothing herein shall make any contactor or subcontractor an agent or employee of the contracting 
government entity.
ARTICLE 24:  ENTIRE DOCUMENT
24.1
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.
ARTICLE 25: UYGHUR FORCED LABOR PREVENTION ACT (UFLPA)
25.1
Pursuant to A.R.S. §35-394, WVU certifies that it is not currently using, and agrees for the duration of 
this Agreement to not use:
i.
The forced labor of ethnic Uyghurs in the People’s Republic of China;
ii.
Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic 
of China; and
iii.
Any contractors, subcontractors, or suppliers that use the forced labor of ethnic Uyghurs in 
the People’s Republic of China.
25.2
WVU further acknowledges and agrees that if WVU becomes aware during the term of this 
Agreement that it is not in compliance with this certification that WVU will notify the County within 
five (5) business days after becoming aware of the noncompliance.
25.3
If WVU does not provide the County with a written certification that WVU has remedied the 
noncompliance within one hundred eighty (180) days after giving notice thereof, the same shall 
constitute a material breach of this Agreement, which shall then terminate automatically, except that 
if the Agreement termination date occurs before the end of the remedy period, this Agreement 
terminates on the Agreement’s termination date.  The County retains the legal right to inspect records 
of WVU to ensure compliance with this certification for the duration of the Agreement.

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the dates indicated below.
MARICOPA COUNTY
WVU:
BOARD OF SUPERVISORS
BY:
BY:
_____________________________________
______________________________________
Jack Sellers
DATE
R. Gregory Dunaway
DATE
Chairman, Board of Supervisors
Dean
ATTEST:
_____________________________________
Juanita Garza
DATE
Clerk of the Board
APPROVED AS TO FORM:
_____________________________________
Kimberly Miles
DATE
Deputy County Attorney

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SPECIAL PROVISIONS
NONE