AGRMT RE RESIDENT ROTATION WITH HONORHEALTH.PDF

SCOTTSDALE HEALTHCARE HOSPITALS, d.b.a. HonorHealth
RESIDENT ROTATION TRAINING AGREEMENT
This Off-Site preceptor Resident Rotation Training Agreement (“Agreement”) sets
forth the terms of the rotation of Residents from Scottsdale Healthcare Hospitals, doing
business as HonorHealth (“HONORHEALTH”), an Arizona nonprofit corporation whose
principal office is located at 8125 N. Hayden Road, Scottsdale, AZ 85258 to Maricopa
County, by and through its Department of Public Health (“MCDPH”), whose principal
office is located at 4041 N. Central Ave., Ste. 1400, Phoenix, AZ 85012 for educational
training and experience. This Agreement shall commence on July 1, 2018, and is valid
through June 30, 2023.
1. Rotation Goals and Objectives
A. The educational goals and objectives for any rotation will be provided by
HONORHEALTH to the applicable MCDPH preceptor prior to the start of the
rotation. If these goals and objectives are acceptable to MCDPH, the MCDPH
preceptor will sign a statement agreeing to meet the goals and objectives of the
rotation and will return the original copy to HONORHEALTH.
B. The Program Director of the applicable Residency Program at HONORHEALTH
shall retain full control and responsibility for the overall education of the Residents.
2. Responsibilities of HONORHEALTH for Rotations
A. Use proper administrative procedures acceptable to MCDPH in planning for
observation and practical experience.
B. Provide for supervision and instruction as agreed upon by both parties.
C. Ensure that Residents and faculty participating in the program at MCDPH adhere
to existing rules and regulations of MCDPH.
D. Ensure each Resident participating in the program at MCDPH meets the same
health standards that are required of all employees at MCDPH. MCDPH may
request, upon reasonable notice, a physical examination and/or laboratory or
other diagnostic tests for any Resident. The Resident and HONORHEALTH shall
have the option to either agree to such physical examinations, labs and tests or
to withdraw the Resident from MCDPH. MCDPH shall not be responsible for any
cost or charges incurred for such physical examinations, labs or tests.
E. Prohibit Residents or HONORHEALTH staff members from releasing any material
relative to practical experiences that has not been approved for release for
publication or to third parties by MCDPH, or that is confidential by law.
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F. Ensure that Resident dress and grooming shall be appropriate for MCDPH and
for health care workers. Residents will comply with the MCDPH dress code.
G. Notwithstanding any provision to the contrary, HONORHEALTH agrees that the
HONORHEALTH faculty members and Residents on rotation at MCDPH shall not
be employees or agents of MCDPH or Maricopa County, and 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.
MCDPH employees employed by HONORHEALTH as faculty members on their
own time (non-MCDPH pay status) will be subject to the same restrictions as
stated herein.
H. Provide professional and either general liability insurance coverage or self-
insurance coverage to each individual rotating Resident for the duration of the
assigned rotation, to include commercial general liability insurance of $2,000,000
each occurrence and $4,000,000 general aggregate, and professional liability
insurance of $2,000,000 per claim and a $4,000,000 aggregate. In the event any
insurance policies required herein are written on a claims made basis, coverage
shall extend for two years past this Agreement’s completion as evidenced by
annual Certificates of Insurance. HONORHEALTH will provide proof of such
coverage in the form of Certificates of Insurance to MCDPH.
I. Remove from MCDPH any Resident or HONORHEALTH faculty member
reasonably identified, for any reason, as unacceptable by MCDPH.
J. Reimburse MCDPH for breakage or damage (together “Damage”) to equipment
or supplies, provided MCDPH provides evidence that such Damage was caused
by Residents or HONORHEALTH faculty members.
K. Designate a person or persons to assist in the coordination of Resident learning
experiences, including planning with MCDPH medical staff to assign Residents to
specific learning experiences that are appropriate for the program(s).
L. Provide a 30-day advance notice for Residents assigned to a rotation.
3. Responsibilities of MCDPH for Rotations
A. Provide training experiences and make available the related facilities at MCDPH
for Residents enrolled in any program.
B. MCDPH staff will teach and supervise Residents while assigned to MCDPH
experiences. Any client services provided by Residents shall be under the direct
and exclusive supervision of qualified staff employed by MCDPH.
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C. Designate a person or persons or MCDPH unit to assist in the coordination of the
Residents’ learning experiences, including planning with MCDPH medical staff for
the assignment of Residents to specific learning experiences which are
appropriate for the Resident’s program.
D. Keep HONORHEALTH informed of changes in policy which affect faculty and
Residents.
E. In the event a Resident and/or faculty is in need of emergency medical services
while on rotation at MCDPH, MCDPH will ensure that 911 is immediately called
for emergency assistance and ambulance transport.
F. Provide professional and either general liability insurance coverage or self-
insurance coverage to include commercial general liability insurance of
$2,000,000 each occurrence and $4,000,000 general aggregate, and professional
liability insurance of $2,000,000 per claim and a $4,000,000 aggregate. In the
event any insurance policies required herein are written on a claims made basis,
coverage shall extend for two years past this Agreement’s completion as
evidenced by annual Certificates of Insurance. Upon request, MCDPH shall
provide proof of such coverage in the form of Certificates of Insurance to
HONORHEALTH.
4. Mutual Responsibilities of MCDPH and HONORHEALTH
A. The personnel of MCDPH and the faculty of HONORHEALTH assigned to the
program will confer at such times as may be mutually agreed upon to evaluate the
educational program.
B. The personnel of MCDPH and the faculty of HONORHEALTH assigned to the
program shall cooperate in providing a sound educational environment.
C. Residents are assigned for practical training experiences in the appropriate
MCDPH unit. Both parties shall mutually agree upon the number of Residents
and the appropriate MCDPH unit for training.
D. Upon request, each party will complete program evaluation forms for Residents,
faculty, or learning experiences.
5. Term and Termination
A. The term of this Agreement shall be from July 1, 2018, through June 30, 2023.
This Agreement may be renewed for additional terms by the mutual written
consent of both parties.
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B. This Agreement may be terminated by either party upon thirty (30) days prior
written notice to the other party; provided, however, Residents participating at
MCDPH at the time of termination shall be given an opportunity to complete their
participation.
6. Miscellaneous
A. HONORHEALTH and MCDPH shall not discriminate against any individual on the
basis of age, race, religion, creed, sex, national origin, handicap, disability, sexual
orientation or veteran status. 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.
B. Nothing contained herein shall be deemed or construed as creating a relationship
of principal and agent or of partnership or of joint venture between the Parties.
Residents shall not be considered servants, agents, or employees of MCDPH.
C. This Agreement shall be construed and enforced 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.
D. This Agreement shall be binding upon and shall inure to the benefit of both Parties
and their respective successors, heirs, assigns and legal representatives. Neither
this Agreement nor any rights hereunder may be assigned without the prior
written consent of the non-assigning Party.
E. Individuals executing this Agreement on behalf of the Parties represent and
warrant that they have been authorized to do so.
F. This Agreement contains the entire understanding of the Parties relating to the
subject matter of this Agreement. Any prior agreements, promises, negotiations
or representations between the Parties, either oral or written, relating to the
subject matter of this Agreement which are not expressly set forth herein are of
no force or effect. Any modifications or amendments must be agreed to by both
Parties in writing and shall become effective on the date stated therein.
G. During the term of this Agreement, the Parties shall take such actions, including
revising this Agreement, as necessary or advisable to comply fully with all laws,
rules and regulations applicable to the performance of this Agreement, including
without limitation the Health Insurance Portability and Accountability Act and the
Family Educational Records and Privacy Act.
H. To the fullest extent permitted by law, and to the extent that claims, damages,
losses or expenses are not covered and paid by insurance purchased by either
Party, each Party (as “indemnitor”) agrees to defend, indemnify and hold harmless
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the other Party (as “indemnitee”) and its respective agents, representatives,
officers, directors, officials, and employees from and against any and all claims,
damages, liability, costs, losses, and expenses (including, but not limited to
attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees
for appellate proceedings) arising out of, or alleged to have resulted from the
negligent acts, errors, omissions, or mistakes of the indemnitor relating to the
performance of this Agreement.
The amount and type of insurance coverage requirements set forth herein
will in no way be construed as limiting the scope of the indemnity in this
paragraph.
I. Compliance Requirements for A.R.S. § 41-4401, Government Procurement; E-
Verify Requirement:
i. HONORHEALTH 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”).
ii. A breach of warranty regarding compliance with immigration laws and
regulations shall be deemed a material breach of this Agreement and
HONORHEALTH may be subject to penalties up to and including
termination of this Agreement.
iii. 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 HONORHEALTH may be subject to
penalties up to and including termination of this Agreement.
iv. 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 i.
v. For questions about E-Verify HONORHEALTH should visit the following
web site: http://www.uscis.gov/portal/site/uscis.
IN WITNESS WHEREOF, MCDPH and HONORHEALTH have executed this Agreement.
(signature page follows)
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MARICOPA COUNTY SCOTTSDALE HEALTHCARE
Acting for and on behalf of HOSPITALS, d.b.a. HONORHEALTH
the Department of Public Health
By: By:
Chairman, Name: Priya Radhakrishnan, MD
Maricopa County Board of
Supervisors
Title: Chief Academic Officer and
Designated Institutional Official
Date:
Date:
Attest:
By:
Name: John Neil, MD
Clerk of the Board Date Title: Senior Vice President and
Chief Physician Executive
Date:
Acting Director, MCDPH Date
Approved as to Form Date
Deputy County Attorney
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