MAR-281197 MARICOPACODPH_MAYOAZ_MASTER_2021.PDF
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DocuSign Envelope ID: 32CAFEC6-B53D-48EB-B4A5-DD5933AA9839 RESIDENT ROTATION AGREEMENT This RESIDENT ROTATION AGREEMENT (“Agreement”) is made and entered into by and between Mayo Clinic Arizona through its Mayo Clinic School of Graduate Medical Education (“Home Institution”), whose principal office is located at 13400 E. Shea Blvd., Scottsdale, AZ 85259 and Maricopa County, by and through its Department of Public Health (“Host Institution”), whose principal office is located at 4041 N. Central Ave. Ste. 1400, Phoenix, AZ 85012. RECITALS A. Home Institution conducts a residency training program (“Residency Program”) for Resident Physicians in training (“Participants”) and employs Resident Physicians who require broad and varied clinical learning experiences. B. Host Institution is Maricopa County and one of its departments, the Department of Public Health, which has responsibility for a wide range of public health services for the residents of Maricopa County and therefore can provide a specialized health related educational experience to Resident Physicians. C. Home and Host Institution agree that it is in the mutual interest and benefit of both parties that Resident Physicians obtain a part of their clinical educational experience through a rotation at the Host Institution’s facilities (“Rotation”). D. Home and Host Institution agree to collaborate to provide Resident Physicians with a Rotation at the Host Institution, which meets the standards and requirements of the Accreditation Council for Graduate Medical Education, including its Residency Review Committee, (“ACGME”), or the American Osteopathic Association’s Executive Committee of Council on Postdoctoral Training (“AOA Committee”), if applicable. THEREFORE, HOME INSTITUTION AND HOST INSTITUTION AGREE AS FOLLOWS: 1. GENERAL ROTATION PROVISIONS. 1.1 Scope of Resident Physician Services. Home and Host Institution agree that the services rendered by Resident Physicians covered by this Agreement will be within the established and written requirements of the degree, certification, or training being pursued and as required of every candidate for that degree or certification, if applicable. 1.2 Oversight Responsibility for Patient Care. The Host Institution is responsible for the supervision of Resident Physicians assigned to it under this Agreement. Host Institution and its medical staff shall maintain full responsibility for the care of patients at the Host Institution. Resident Physicians shall not have implied or apparent authority or independent health care responsibilities for the Host Institution’s patients. 1 DocuSign Envelope ID: 32CAFEC6-B53D-48EB-B4A5-DD5933AA9839 1.3 Governing Policies and Procedures. Resident Physicians enrolled in the Rotation covered by this Agreement will be governed in accordance with the Home Institution’s Residency Program policies and procedures, and those policies and procedures established by the Home Institution for its employees. Resident Physicians shall comply with the policies, procedures, rules and regulations and bylaws of the Host Institution while at the Host Institution during a Rotation. Each party shall notify the Resident Physicians that they are responsible for following all of the policies, rules and regulations of the Home and Host Institution, as applicable, while on Rotation pursuant to this Agreement. 1.4 Compliance with Laws and Accreditation Standards. The parties shall comply with all applicable federal and state laws and regulations and licensure requirements, the standards and regulations of the Joint Commission on Accreditation of Healthcare Organizations (“JCAHO”), and the requirements of the ACGME or the AOA Committee, as applicable, in the implementation of this Agreement and the operation of the Residency Program, and the Rotation. 1.5 Acceptance of Residents. By signing this Agreement, the Host Institution is not obligated to accept Resident Physicians on a continuous basis, or more than one Resident Physician at any time, or any Resident Physicians at all if staff resources are insufficient to properly supervise Resident Physicians. 2. HOME INSTITUTION RESPONSIBILITIES 2.1 Program Director. The Home Institution shall designate a member of its Medical Staff to serve as the Residency Program Director and to provide coordination and oversight of Resident Physician’s educational activities and assignments while at the Host Institution (“Program Director”). The Program Director or his/her designee shall act as liaison with the Host Institution. 2.2 Preparation and Review of Resident Physicians’ Work Schedules. The Host Institution shall prepare the Resident Physicians’ work schedules; however, the Home Institution shall be the final arbitrator of issues related to Resident Physicians’ work schedules. The Program Director shall review the Resident Physicians’ work schedules to provide that (a) the work schedules reflect the Home Institution’s educational missions; (b) the educational goals of the Residency Program and Rotation are not compromised by an excessive reliance on Resident Physicians to fulfill the Host Institution’s service obligations; and (c) Rotation will be in compliance with the requirement of the ACGME whereas the Resident Physician’s will have one day per week free of clinical duties and duty hours of less than 80 hours per week . 2.3 Selection and Placement of Residents. The Home Institution shall select and place Resident Physicians who are appropriately qualified or otherwise eligible to participate in the Residency Program and the Rotation. The Home Institution shall: (a) Employment. Employ Resident Physicians throughout the Residency Program and Rotation. Resident Physicians shall be employees of the Home Institution and not employees of the Host Institution, and unless expressly stated otherwise herein, shall not be agents of the Host Institution. Home Institution shall provide appropriate financial support and 2 DocuSign Envelope ID: 32CAFEC6-B53D-48EB-B4A5-DD5933AA9839 benefits to Resident Physicians as required by the ACGME or AOA Committee and in accordance with the Home Institution’s own policies and procedures so that Resident Physicians are able to fulfill the responsibilities of the Residency Program and the Rotation. The Home Institution shall comply with all applicable federal and state laws regarding the employment of Resident Physicians, including anti-discrimination, wage and hour laws, and withholding laws. Resident Physicians shall not be entitled to any defense or indemnity under Maricopa County’s Declaration of Trust for Maricopa County, Arizona, Self-Insured Risk Trust Fund, stipends, benefits, conditions, terms or rights of MCDPH employees including workers’ compensation, medical or hospitalization insurance or benefits, pension, retirement or vacation pay, credit or other benefits or rights of MCDPH employees. (b) Assignment. Work with Host Institution to mutually agree on the Resident Physicians and their assignments to the Host Institution sufficiently in advance to allow for convenient planning of schedules. It is understood and agreed that the Host Institution shall keep Program Director informed of any requests for changes in the planned rotation schedule. (c) Evaluation. Act as final decision maker and arbitrator in decisions concerning evaluations, receiving credit, Residency Program advancement, graduation, and certification or discontinuance of Residency Program participation, including dismissal from the Residency Program, which shall be at the sole discretion of the Home Institution. (d) Record Keeping. Maintain records and reports concerning the education of Resident Physicians, Resident Physicians’ time spent on Rotation under this Agreement and such other records as required by law or mutually agreed upon between the Home and Host Institution. (e) Resident Physicians’ Background and Credentials. Designate for participation in the Rotation only Resident Physicians who have completed the necessary training and didactic work for such rotation, and are in good standing with their respective institutions. Upon request, a Home Institution shall furnish the Host Institution with proof of the Resident Physician’s academic credentials and licensure or registration from all applicable state licensing boards. (f) Resident Physicians’ Health Information. Verify the following health information for each Resident Physician, maintain records of such verification for each Resident Physician and provide such verification to the Host Institution upon request: (1) Proof of immunity or immunization for measles, mumps and rubella; (2) Proof of current diphtheria/tetanus immunization; (3) Documentation of an annual negative TB screen or x-ray; (4) Documentation of a Hepatitis B antibody screen or signed declamation statement; and (5) Date of last complete physical exam. (6) Such other records agreed upon by the Host and Home Institutions. 3 DocuSign Envelope ID: 32CAFEC6-B53D-48EB-B4A5-DD5933AA9839 (g) Workers’ Compensation Coverage. The Home Institution shall furnish the Host Institution certification of Workers’ Compensation and Employer’s Liability Insurance of $1,000,000 per accident, $1,000,000 per disease and $1,000,000 disease policy limit for eligible Resident Physicians. (h) Resident Physicians’ Requirements. Home Institution shall inform Resident Physicians of the requirement to: (1) Comply with the terms of this Agreement and with the Host Institution’s applicable bylaws, rules and regulations, policies, procedures and guidelines, state and federal laws and regulations, and the standards and regulations of JCAHO, the ACGME or AOA Committee, the ethical standards of the American Medical Association, and other applicable accrediting bodies or accreditation bodies; (2) Participate in activities and assignments that are of educational value and that are appropriate to the course and scope of the Home Institution’s Residency Program, to the extent scheduled or otherwise requested by the Host Institution and approved by the Home Institution; (3) Cooperate with Host Institution in quality management and risk management activities designed to further quality of care and to reduce risk of patient injury; (4) Cooperate in the preparation and maintenance of a complete medical record for each patient in whose care the Resident Physician participates, on forms provided by the Host Institution. The medical record shall, at all times, remain the property of the Host Institution; (5) Participate in Host Institution’s compliance programs and operations; and (6) Complete a Rotating Resident Application. Upon request, the Home Institution shall provide the Host Institution with a completed copy of the Rotating Resident Application for each Resident Physician. 3. HOST INSTITUTION RESPONSIBILITIES 3.1 Program Coordinator. The Host Institution shall designate, after consultation with the Home Institution, a member of its Medical Staff to coordinate the Resident Physicians’ schedules and educational activities at the Host Institution (“Program Coordinator”). The Program Coordinator shall act as liaison with the Home Institution. The Program Coordinator at the Host Institution will assume administrative responsibility for the Resident Physicians while on rotation. In addition, the Program Coordinator shall execute an addendum to this Agreement with the Home Residency Program Director, for each participating residency program governed by this Agreement, to be described in an attached Addendum as mutually executed by the parties. Any future addenda are incorporated herein by reference. A sample of the addendum is attached hereto as Attachment A. The stipends, medical benefits, medical licensure or 4 DocuSign Envelope ID: 32CAFEC6-B53D-48EB-B4A5-DD5933AA9839 registration arrangements and other costs borne by the Home Institution for Residents will be borne by the Home Institution pursuant to its applicable policies and procedures. The term for all Resident rotations at the Host Institution shall be the same as this Agreement term unless terminated by either party as provided herein. 3.2 Adequate Staff and Facilities. (a) Professional and Support Staff. The Host Institution shall maintain adequate professional and support staff at its facilities to meet the educational goals and objectives of the Home Institution’s Residency Program. (b) Facilities. Host Institution shall provide the clinical facilities and equipment reasonably necessary for the Resident Physicians’ clinical educational experiences. The Host Institution shall allow reasonable use of medical libraries, classrooms and conference rooms, if available, as mutually agreed to by the Home and Host Institutions. (c) Sleeping Quarters; Food Services; Parking. If applicable, Host Institution shall provide on-call Resident Physicians with adequate and appropriate sleeping quarters. If applicable, Host Institution shall provide Resident Physicians on duty with access to adequate and appropriate food services. Host Institution shall provide Resident Physicians with parking during on duty hours without charge. 3.3 Preparation and Review of Resident Physicians’ Work Schedules. Host Institution is responsible for preparing and arranging the Resident Physicians’ work schedules, subject to the provisions of Section 2.2. Host Institution will abide by the Home Institution’s formal written policies on Resident Physicians’ duty hours for Residency Programs. Host Institution also agrees to abide by the ACGME common duty hour standards, as applicable. 3.4 Supervisory Obligation. All patient care services provided by Resident Physicians shall be under the direct and exclusive supervision and control of physicians having medical staff membership and privileges at the Host Institution (“Medical Staff”). The Program Coordinator shall be responsible for assigning the Host Institution Medical Staff to supervise the Resident Physicians while at the Host Institution. 3.5 Resident Physicians’ Evaluations. The Host Institution shall complete performance evaluations at such intervals and in accordance with the policies and procedures of the Home Institution. 3.6 Notification to Others. The Host Institution shall be responsible for reasonably informing its patients, customers and others of its participation in the Residency Program Rotation and the training role of Resident Physicians. 3.7 Resident Physicians’ Health and Safety. The Host Institution shall provide each Resident Physician with the following: 5 DocuSign Envelope ID: 32CAFEC6-B53D-48EB-B4A5-DD5933AA9839 (a) Orientation. Orientation of the type and scope provided by the Host Institution to its new employees, including, but not limited to, information about Host Institution’s applicable policies and procedures, security measures, fire safety and disaster protocol. (b) Infection Control Procedures. Instruction in Host Institution’s policies and procedures for infection control, including the handling and disposal of needles and other sharp objects, and in Host Institution’s protocols for on-the-job injuries and incident reporting including those resulting from needlestick injuries and other exposures to blood or body fluids. (c) On-Site First Aid and Emergency Care; Follow-Up Care. Resident Physicians shall be furnished on-site first aid and emergency medical care and treatment, if medically necessary, while on duty at the Host Institution including but not limited to first aid or emergency medical care related to blood borne pathogens, “sharps,” and any risk of infection in the event of a needlestick injury or other exposure to blood or body fluids. The Host Institution shall pay for the first aid and other emergency treatment available on-site. The Host Institution shall provide the Home Institution with prompt notice of any first aid or other emergency treatment rendered on-site to a Resident Physician. The Home Institution shall provide, at its own expense, any follow-up care required subsequent to the initial first aid and emergency treatment provided on-site by the Host Institution. 3.8 Facility Inspection. Host Institution shall permit inspection of its facilities, including all other clinical locations used by Resident Physicians during Residency Rotations, by the Home Institution, and by individuals charged with the responsibility for accreditation of Home Institution and its Residency Program, the ACGME or the AOA Committee, as applicable. 4. INVESTIGATIONS; DISCIPLINARY ACTIONS 4.1 Termination or Suspension of Resident Rotation. Each party may terminate or suspend a Resident Physician’s participation in the Rotation under this Agreement at any time if the party determines that termination is in the best interests of the Host Institution or its patients for reasons of health, performance, for other good cause related to patient care, or for reasons of general incompatibility. The Home Institution’s policies and procedures shall govern any disciplinary actions taken by the Home Institution with respect to the Resident Physicians. If Host Institution initiates the termination or suspension, Home Institution shall promptly remove Resident Physician from the Rotation upon written notice from Host Institution setting forth the reasons for the removal of the Resident Physician. If Home Institution initiates the termination or suspension, it shall provide Host Institution with immediate written notice of the action. The withdrawal, dismissal or removal of a Resident Physician in accordance with the provisions of this Agreement, shall not affect continuation of this Agreement or the continued training of other Resident Physicians. 4.2 Investigations or Actions Involving Resident Physicians. Host Institution and Home Institution shall inform one another: 6 DocuSign Envelope ID: 32CAFEC6-B53D-48EB-B4A5-DD5933AA9839 (a) Investigation. Promptly upon initiation of any investigation of or adverse action against a Resident Physician by the Host Institution or Home Institution, any governmental body or accrediting agency or by any other entity, unless such notice is expressly prohibited by law or regulation. (b) Report to National Practitioner Data Bank or Arizona Medical Board or Board of Osteopathic Examiners. To the extent permitted by law, before making a report to the National Practitioner Data Bank, the Arizona Medical Board or the Board of Osteopathic Examiners in which a Resident Physician is named. (c) Claims and Litigation. Promptly upon learning of a potential or actual claim or litigation in which a Resident Physician is or may be named. 4.3 Cooperation in Disciplinary Actions or Investigations. Host Institution shall cooperate and assist Home Institution in investigating facts which may serve as a basis for taking any Residency Program disciplinary or academic action, and also cooperate in the implementation of any such disciplinary or academic action. 5. TERM & TERMINATION 5.1 Term of Agreement. This Agreement shall be effective from July 1, 2021 through June 30, 2031. 5.2 Termination. (a) Termination without Cause. Either party to this Agreement may terminate this Agreement for any reason at any time by giving at least ninety (90) days advance written notice to the other party. (b) Termination with Cause. Either party to this Agreement may terminate this Agreement in the event of a material breach by the other party, upon thirty (30) days advance written notice given by the non-breaching party to the other party, provided that such breach is not cured within the thirty day notice period. (c) Effect of Termination. Upon termination of this Agreement for any reason, the parties agree that Resident Physicians participating in an ongoing Rotation will be allowed to complete the Residency Rotation and academic year if possible (through June 30), even when the effective date of termination occurs before to the completion date of the Rotation or completion of the academic year. In addition, the provisions of Sections 6 and 8 shall survive the termination of this Agreement. 5.3 Effect of Laws. If any legislation, regulation or government policy, or ACGME, AOA Committee or JCAHO requirements are passed or adopted or if these laws, regulations or policies, or ACGME, AOA Committee or JCAHO requirements are interpreted in a manner that would materially affect either party’s participation in or implementation of this Agreement as written, the party raising such concern shall provide notice of such law, regulation, policy or 7 DocuSign Envelope ID: 32CAFEC6-B53D-48EB-B4A5-DD5933AA9839 provision to the other party, and the parties agree to negotiate in good faith within thirty days to modify the terms of this Agreement to comply with the applicable law, regulation or policy. If the parties cannot agree upon the necessary modification, either party may terminate this Agreement on thirty days’ advance written notice. 6. INSURANCE AND INDEMNIFICATION 6.1 Professional Liability Insurance Coverage for Resident Physicians. The Home Institution shall provide and maintain, for each Resident Physician participating in a Rotation at the Host Institution, professional liability insurance (or comparable coverage under a program of self-insurance) providing coverage on a “claims made” or “occurrence basis” (for occurrences during the term of this Agreement) with limits no less than $1 million dollars per occurrence and $3 million dollars aggregate. If the insurance coverage is “claims made” rather than occurrence based, such coverage must include extended reporting endorsement (“tail coverage”) for as long as the appropriate statute of limitations, as may be determined in a court of law or by statute. 6.2 Host Institution and Home Institution General Liability Insurance. Host Institution and Home Institution shall maintain comprehensive general liability insurance (or comparable coverage under a program of self-insurance) providing coverage on a “claims made” or “occurrence basis” (for occurrences during the term of this Agreement) with limits no less than $1 million dollars per occurrence and $3 million dollars annual aggregate. If the insurance coverage is “claims made” rather than occurrence based, such coverage must include extended reporting endorsement (“tail coverage”) for as long as the appropriate statute of limitations, as may be determined in a court of law or by statute. 6.3 Insurance Coverage Obligations for Host Institution’s Medical Staff. Host Institution shall provide for or require its Medical Staff to maintain professional liability insurance coverage, or comparable self-insurance, with limits no less than $1 million dollars per occurrence and $3 million dollars annual aggregate, and indemnification provisions for any and all of their activities under the terms of this Agreement. 6.4 Evidence of Coverage; Handling Claims; Cooperation. All commercial insurance coverage required under this Section shall be provided by carriers or under terms of self-insurance reasonably acceptable to the other party, and the party holding such coverage shall provide that coverage shall not be modified or terminated except upon thirty days prior written notice to the other party. The party holding such commercial insurance coverage shall provide the other party, upon request, with a certificate of insurance evidencing the commercial insurance coverage and naming the other party and the Resident Physicians, except for self insurance coverage, as named insured for commercial general liability. Each party agrees to make all reasonable efforts, consistent with advice of counsel and the requirements of applicable commercial insurance policies and carriers, to coordinate the defense of all claims in which another party is either a named defendant or has a possibility of being added as a named defendant or non-party at fault. 8 DocuSign Envelope ID: 32CAFEC6-B53D-48EB-B4A5-DD5933AA9839 6.5 Responsibility. Each party is solely responsible for any of its own claims, causes of action, liabilities or the like that may arise out of this Agreement. Furthermore, neither party shall compensate the other party for any of the foregoing. The terms of this section shall survive expiration or termination of this Agreement. 6.6 Independent Contractor. It is understood between the parties that all Resident Physicians are independent contractors with respect to the Host Institution. Nothing in this Agreement shall be construed as creating an employment or joint venture relationship between the Resident Physicians and the Host Institution. In addition, the autonomy of the Home Institution and the Host Institution as separate and independent institutions shall be observed at all times, and this Agreement shall not be deemed to create a relationship of agency, employment or partnership. 6.7 Handling Claims/Cooperation. Each party agrees to make all reasonable efforts, consistent with advice of counsel and the requirements of applicable insurance policy and carriers, to coordinate the defense of all claims in which another party is either a named defendant or has a possibility of being added as a named defendant or non-party at fault. 6.8 Indemnification. Each party shall defend, indemnify and hold harmless the other party, their employees and officials from and against all claims, damages, losses and expenses relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, or omissions relating to this Agreement caused by any act, error, mistake or omission of the party or any person for whose acts, errors, mistakes or omissions a party is liable. 7. STIPENDS AND REIMBURSEMENT 7.1 Stipends. The Home Institution shall provide a stipend and medical benefits to its Resident Physicians in accordance with its own policies and procedures. Because services rendered by Resident Physicians are educational in nature, Host Institution shall not provide a stipend or any compensation, monetary or otherwise, to the Resident Physicians for services provided under this Agreement except as expressly provided in this Agreement and shall have no responsibility to make any such payments to Resident Physicians. 8. PATIENT INFORMATION 8.1 Patient Information. Patient information, including but not limited to medical records and charts created at the Host Institution pursuant to the Rotation, shall be the property of the Host Institution and shall be maintained by the Host Institution according to its Arizona State Library, Archives and Public Records (ASLAPR) approved retention schedule, or as required by law. Home Institution and its agents and employees, including without limitation Resident Physicians, will keep patient information confidential as required by applicable federal and state law and Host Institution’s policies and procedures. 8.2 Access to Medical Records. To the extent allowed by law, the Home Institution and/or its agents, shall have reasonable access during and after the term of this Agreement to the medical records and charts of the Host Institution relating to any claim, investigation, licensure 9 DocuSign Envelope ID: 32CAFEC6-B53D-48EB-B4A5-DD5933AA9839 or accreditation or Resident Physician disciplinary action related to the implementation of this Agreement; provided, however, that nothing shall require either the Host Institution to disclose any peer review documents or other records or communications that are privileged or confidential under any federal or state statute law or the work product doctrine. Host Institution shall provide copies of such records to Home Institution at Home Institution’s cost. 9. MISCELLANEOUS TERMS 9.1 Entire Agreement; Amendments. This Agreement represents the entire agreement between the parties and supersedes all other agreements with respect to the subject matter of this Agreement. This Agreement may be amended only in writing signed by the parties. 9.2 No Assignment. Neither party may assign or transfer this Agreement, in whole or in part, without the advance written consent of the other party. Any purported assignment, delegation or transfer in contravention of this provision shall be null and void. 9.3 Discrimination - Prohibition. The Home and Host Institution agree not to unlawfully discriminate in the selection or acceptance of any Resident Physician under this Agreement because of race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition or disability, marital status, gender, gender orientation, age, veteran’s status, or citizenship. To the extent applicable to this Agreement, both parties agree to comply with all state and federal employment laws, rules, regulations and executive orders, including Executive Order 2009-09. 9.4 No Third Party Beneficiaries. This Agreement is entered into by and between the parties for their benefit. This Agreement is not intended to create and does not create any right or interest in any Resident Physician, patient or other third party. 9.5 Governing Law. This Agreement is made and entered into in the State of Arizona and shall be construed in accordance with the laws of the State of Arizona, and is subject to the provisions of A.R.S. § 38-511. Exclusive venue and jurisdiction for any actions or proceedings related to or stemming from this Agreement will be in the state or federal courts sitting in Phoenix, Arizona. 9.6 Compliance Requirements for A.R.S. § 41-4401, Government Procurement; E-Verify Requirement: (a) Home Institution warrants compliance with all federal immigration laws and regulations relating to employees and warrants its compliance with A.R.S. § 23-214, Subsection A (that subsection reads: “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”). 10 DocuSign Envelope ID: 32CAFEC6-B53D-48EB-B4A5-DD5933AA9839 (b) A breach of warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of this Agreement and Home Institution may be subject to penalties up to and including termination of the contract. (c) Failure to comply with a State audit process to randomly verify the employment records of contractors and subcontractors shall be deemed a material breach of this Agreement and Home Institution may be subject to penalties up to and including termination of the Agreement. (d) The State of Arizona retains the legal right to inspect the papers of any employee who works on this Agreement to ensure that the contractor or subcontractor is complying with the warranty under Paragraph (a). (e) For questions about E-Verify Home Institution should visit the following web site: http://www.uscis.gov/portal/site/uscis. 9.7 Enforceability and Waiver. The invalidity or unenforceability of any term or provision of this Agreement shall in no way affect the validity or enforceability of any other term or provision. The waiver by a party of a breach of any provision of this Agreement shall not operate as, or be construed as, a waiver of any subsequent breach thereof. 9.8 Notices. Any written notice required or permitted to be given by a party to the other shall have been deemed to have been sufficiently given if personally delivered or deposited in the United States Mail in a properly stamped envelope, certified or registered mail, return receipt requested, addressed to: Home Institution: Host Institution: Senior Associate Dean Maricopa County Dept. of Public Health Mayo Clinic Arizona 4041 North Central Ave., Suite 1400 13400 East Shea Boulevard Phoenix, AZ 85012 Scottsdale, AZ 85259 Attn: Strategic Planning & Operations With Copy to: Supervisor Education Business Services Mayo Clinic 200 First Street SW Rochester, MN 55905 9.9 Informal Dispute Resolution. The parties agree that any dispute arising under this Agreement shall be submitted to mediation through a mediator of the parties’ mutual agreement before the parties initiate formal legal action. 9.10 Non-Exclusive Agreement. Each party may enter into similar agreements with other training institutions, provided that such agreements do not materially interfere with the ability of each party to carry out its obligations under this Agreement. 9.11 Use of Name. Neither party will use the name or trademarks of the other party in any news release, publicity, advertising, endorsement, or commercial communication without the 11 DocuSign Envelope ID: 32CAFEC6-B53D-48EB-B4A5-DD5933AA9839 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 E-mail address: BusinessRelations@mayo.edu at least 5 business days prior to the date on which a response is needed; however, the existence and scope of the programs available via this Agreement may be made known to Residents as a means of assistance in completing their training requirements. 9.12 Authority. The persons signing this Agreement warrant that they have full authority to do so and that their signatures shall bind the parties for which they sign. MARICOPA COUNTY MAYO CLINIC through its MAYO By and through its SCHOOL OF GRADUATE MEDICAL DEPARTMENT OF PUBLIC HEALTH EDUCATION (“Host Institution”) (“Home Institution”) By: 5/12/2021 __________________________________ By: __________________________________ Name: Helene R. Labonte, DO Date Name: on behalf of Susan Wilansky, MD Title: Chairman, Maricopa County Board of Title: Senior Associate Dean Supervisors Attest: By: __________________________________ 5/12/2021 ______________________________________ Name: David L. Dahlen Date Clerk of the Board Date Title: Administrator, Education By: __________________________________ Title: Director, Dept. of Public Health Date ______________________________________ Approved as to Form Date Deputy County Attorney 12 DocuSign Envelope ID: 32CAFEC6-B53D-48EB-B4A5-DD5933AA9839 Attachment A Sample Addendum to the Resident Rotation Agreement MARICOPA COUNTY, by and through its DEPARTMENT OF PUBLIC HEALTH and Mayo Clinic Arizona through its Mayo Clinic School of Graduate Medical Education The following is added to the above-referenced Resident Rotation Agreement between MARICOPA COUNTY, by and through its DEPARTMENT OF PUBLIC HEALTH, (“Host Institution”), and Mayo Clinic Arizona through its Mayo Clinic School of Graduate Medical Education (“Home Institution”) which first became effective on ________________: 1. Program Rotation [Program] rotation for Home Institution Resident Physicians to rotate to Host Institution 2. Rotation Description and Length The rotational assignment for Home Institution Resident Physicians would be such that [#]would rotate for [#] [weeks/months] to Host Institution for clinical experiences through Host Institution’s Department of . 3. Rotation Purpose The purpose of this exchange is to provide the Residents with exposure to any and all Department of services. Educational goals and objectives are attached and incorporated herein, as Attachment A-1. 4. Teaching Faculty , Site Director for this rotation at Host Institution, shall be responsible for the instruction, supervision, and evaluation of the Residents assigned to the Host Institution, including all patient care services provided by the Residents. The Mayo Clinic Program Director, , has ultimate responsibility to oversee and monitor the quality of education and supervision provided. 5. Notices Whenever written notice is required or permitted to be given by a party to the other, such notice shall have been deemed to have been sufficiently given if personally delivered or deposited in the United States Mail in a properly stamped envelope, certified or registered mail, return receipt requested, addressed as provided for below: 13 DocuSign Envelope ID: 32CAFEC6-B53D-48EB-B4A5-DD5933AA9839 For Home Institution For Host Institution: _________________ Program Director Maricopa County Dept. of Mayo Clinic Arizona Public Health 13400 E. Shea Blvd. 4041 North Central Ave., Scottsdale, AZ 85259 Suite 1400 Phoenix, AZ 85012 With copy to: Education Business Services Attn: Strategic Planning & Mayo Clinic Operations Supervisor 200 First Street SW Rochester, MN 55905 8. Effective Date The effective date of this Addendum is as of the last date signed below. The Addendum shall remain in effect for five years unless terminated earlier pursuant to the terms and conditions set forth in the above-referenced Resident Rotation Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Addendum to the Clinical Education Agreement as of the respective dates written below: MAYO CLINIC ARIZONA MARICOPA COUNTY, by and through its DEPARTMENT OF PUBLIC By: HEALTH Name: By: Title: Name: Date: Title: Site Preceptor Date: MAYO CLINIC SCHOOL OF GRADUATE MEDICAL EDUCATION By: Name: Title: Program Director Date: 14 DocuSign Envelope ID: 32CAFEC6-B53D-48EB-B4A5-DD5933AA9839 By: Name: Title: Senior Associate Dean Date: 15 DocuSign Envelope ID: 32CAFEC6-B53D-48EB-B4A5-DD5933AA9839 SAMPLE ATTACHMENT A-1 Goals and Objectives of Rotation [Insert competency-based Goals and Objectives specific to each rotation experience. Core competencies include, but are not limited to, Patient Care & Procedure Skills, Practice-Based Learning and Improvement, Systems-Based Practice, Medical Knowledge, Interpersonal and Communication Skills, and Professionalism.] 16