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Maricopa County
CONRAD 30 PHYSICIAN EMPLOYMENT AGREEMENT
This Physician Employment Agreement (“Agreement”) is entered into at Phoenix, Maricopa County,
Arizona on Month and Day, 2020, by and between Dr. Eric Hirsch (“Physician”) and Maricopa County (“the
County”).
RECITALS
WHEREAS, The County desires to employ Physician as Medical Examiner, in the
Office of the Medical Examiner (department) to provide the benefits of Physician’s expertise in the area of
Forensic Pathology and medicolegal death investigation and generally improving public health and safety
for the community, including the poor and disadvantaged; and,
WHEREAS, Physician will be employed as a Medical Examiner; and,
WHEREAS, Physician desires to be employed by the County for the purposes of providing the above
enumerated services; and,
WHEREAS, Physician understands and acknowledges the critical importance of the County’s need
to maintain quality professional medical care, to maintain high standards care, to maintain accreditation and
licensing with both governmental agencies and private entities.
NOW THEREFORE, for and in consideration of the mutual covenants and conditions set forth below,
the County and Physician covenant and agree as follows:
I. DUTIES
1.1
Duties. Physician agrees to engage in the full-time duties (minimum of 40 hours per week) as a
medical practitioner of the County in a designated health services shortage area, maintaining the highest
principles of medical ethics. Physician also agrees and understands that in addition to the minimum of 40
hours per week of work in a designated health services shortage area, additional evening and weekend
medical services may be required.
Physician also agrees to comply with the rules, regulations, policies, and procedures of the County; the
Department(s) of appointment; and the Medical Practice Income Plan (MPIP); and, to meet his responsibility
faithfully and industriously in the provision of medicolegal death investigation services. Physician agrees that
grant and research funds become the property of the County.
Physician agrees that educational activities and scholarly work are important roles of the County and will
devote time and effort to following his obligations to the Conrad 30 J-1 Waiver program. Consistent with the
requirements of the Conrad 30 J-1 Waiver program, Physician also agrees to the following:
Physician will provide services for a minimum of 40 hours per week for three years at the eligible
worksite or worksite listed below;
Any amendments to the Employment Agreement will adhere to state and federal J-1 visa waiver
requirements;
Physician agrees to meet the requirements set forth in Section 214(l) of the Immigration and
Nationality Act, and is fully aware of these requirements;
Both Physician and the County agree that termination of employment can only be for cause, and not
by mutual agreement without cause.
Duties will be performed at:
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Facility Name: Forensic Science Center, Office of the Medical Examiner
Address: 701 W. Jefferson Street
Address: Phoenix AZ 85007
Telephone Number: 602-506-3322
Estimated schedule of hours per week at this specific location: 40
1.2
Competition with the County. Physician agrees that during the period of employment he shall not
engage in any other gainful medical practice or competitive activity of any type or do anything which would
disadvantage the County, without the prior written consent of the County.
1.3
Applications. Physician agrees to provide complete and accurate information on all applications for
employment and credentialing as deemed necessary by the County. In the event Physician fails to be
credentialed this Agreement will become null and void.
1.4
Re-Structure of Duties. Physician acknowledges that the County may, as it deems necessary, re-
define or re-structure the Physician’s area(s) of duty or department(s) of appointment.
1.5
Independent Judgment of Physician. In meeting the above conditions, Physician shall be free to
exercise his own independent professional judgment regarding the practice of forensic pathology
anddetermination of cause and manner of death while complying with forensic autopsy standards. The
County at all times will permit Physician to exercise his own medical judgment in the medicolegal death
investigation.
II. SPECIFIC DUTIES
2.1
The Job Title of Deputy Chief Medical Examiner, will direct the general and specific duties and
assignments to be performed by Physician.
III. TERM
3.1
This
Agreement
shall
commence
Starting Month and Day,
20Year,
and
end
Ending Month and Day, 20Year. (commencement date not to exceed 90 days of receiving the J-1 waiver
approval and employment authorization from the USCIS). (Term must be three full years, e.g., 36 months.)
Physician agrees to sign and return the annual written agreement pursuant to state law, unless before the
renewal date (see Section V), either party provides the other with written notice of separation as set forth
below. Refusal to sign the annual written agreement is notice to the County of the Physician’s resignation.
IV. COMPENSATION
4.1
Salary. During the initial term of this Agreement, salary, which may be paid from a number of funding
sources by the County to Physician, shall be $182,000 per year and will increase to $190,000 per year upon
successful completion of Forensic Pathology board certification. Compensation for subsequent years of
employment will be negotiated annually by ---------------- and will remain at or above the “prevailing wage”
(as defined by H-1B visa regulations) in the Physician’s specialty in Phoenix, Arizona. Funds for payroll
purposes will come from currently available fiscal year funds.
4.2
Augmentation and/or Special Augmentation. Compensation in addition to salary, i.e.,
augmentation/special augmentation, also referred to as bonuses is discretionary.
4.3
Benefits. Benefits or perquisites shall be provided as outlined in the Employee Benefit Overview
attached hereto as Attachment “A,” along with any subsequent addenda, which shall be incorporated herein
by reference.
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V. SEPARATION
5.1.1
Notice of Resignation. Physician shall give written notice of resignation for cause (and not by mutual
agreement) to the County a minimum of two (2) months prior in advance of his termination date.
5.1.2
Reimbursement Upon Separation. If Physician gives written notice to the County of his intention to
resign before two years of employment or is terminated for cause, Physician shall be liable for payment to
the County for all authorized, qualified relocation and moving expenses in accordance with HR Policy 2412.
Upon separation with the County, Physician is required to repay all sums received as part of the Medical
Examiner Loan Repayment Assistance Plan during the last twelve (12) months prior to termination in
accordance with Policy B7021.
5.1.3
Forfeiture Resulting from Failure to Timely Notify. Notwithstanding Section 5.1.2 here in above, if
Physician fails to give timely notice of termination of employment as provided above in Section 5.1.1 et seq.,
he shall forfeit eligibility to Special Work Assignment, Shift Differential, or similar augmentation/special
augmentation funds available for disbursement, if any, effective from the date of notice of resignation to the
last day of employment.
5.2
Reimbursement. Physician shall refund/reimburse/pay The County for 5.1.2 under this Agreement
within sixty (60) days of separation from the County. Failure to timely refund, reimburse or pay any monies
owing to the County, which results in legal action, will subject Physician to all costs associated with the
collection thereof, including, but not limited to, interest, court costs, expenses and attorney’s fees.
VI. TERMINATION OF AGREEMENT
6.1
The County may terminate this Agreement for cause for any of the following, which may include, but
not be limited to, the Physician’s failure to maintain an accepted quality of medicolegal death investigation
as determined by the County; Physician’s failure to maintain a current unrestricted license to practice
medicine in the State of Arizona; any sanction imposed on Physician as a result of the commission of any
felony or misdemeanor involving moral turpitude; Physician’s failure to maintain board certification in the
area(s) of the physician’s specialty; insubordination, flagrant tardiness, interpersonal problems in the
workplace with colleagues or associates; failure to comply at all times with the requirements of the J-1 Waiver
or subsequent visa status. This Agreement may be terminated only for cause and cannot be terminated by
mutual agreement until the statutorily required three year Conrad 30 period has expired.
VII. CONFIDENTIALITY & PROPRIETORY INFORMATION
7.1
Physician acknowledges that the County has, and will have, confidential information including, but
not limited to, the following: inventions, equipment, products, prices, costs, discounts, future plans, business
affairs, trade secrets, technical matters, patient lists, copyrights and other information which are valuable,
special and unique assets of the County. Physician agrees that Physician will not at any time or in any
manner, either directly or indirectly, divulge, disclose or communicate in any manner any information to any
third party or use such information in any manner without the prior written consent of The County or unless
required by applicable federal or state law. . Physician will protect the information and treat it as strictly
confidential. A violation of this paragraph shall be a material violation of this Agreement and will entitle the
County to seek legal and/or equitable relief. Damages to The County, which result in legal action, will subject
Physician to all costs associated with the collection thereof, including, but not limited to, interest, court costs,
expenses and attorney’s fees. The confidentiality of this Agreement shall remain in full force and effect after
the termination of Physician’s employment.
VIII. NON-SOLICITATION
8.1
Non-solicitation of Employees. Physician understands and agrees that any attempt on Physician’s
part to induce others to leave the County’s employ, or any effort by Physician to interfere with the County’s
relationship with other employees would be harmful and damaging to the County. Physician agrees that
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during the term of this Agreement and for one year thereafter, Physician will not solicit, entice, take away or
employ any person employed with the County without the express written consent of the County. This
provision shall survive the termination of this Agreement.
IX. VACATION AND SICK LEAVE
9.1
Physician shall earn vacation and sick leave as provided by The County policies and in accordance
with state laws. Vacation leave must be taken at a time mutually convenient to The County and Physician
and must be approved in advance by the Department. All employees are entitled to earn vacation beginning
on the first day of employment and terminating on the last day of duty and sick time, without deduction of
salary beginning on the first day of employment and terminating the last day of duty. All leave must be
recorded appropriately by Human Resources.
X. TERMINATION FOR DISABILITY
10.1
The County shall have the ability to terminate this Agreement if Physician becomes permanently
disabled and, in the opinion of The County, is no longer able to perform the essential functions of the position
with or without reasonable accommodation.
XI. COMPLIANCE WITH THE COUNTY RULES
11.1
Physician agrees to comply with all the County rules, regulations, policies, procedures, and state
law. Physician recognizes his/her responsibility to obtain and become familiar with such rules, regulations,
policies, and procedures.
XII. CONFLICT OF INTEREST
12.1
Physician shall adhere to and abide by all statutes, laws, and County policies including, but not
limited to, conflicts of interest or the appearance of impropriety. Prior to engaging in any activity which
might be considered by a County official as a conflict of interest, Physician shall first disclose the matter to
Human Resources to obtain a determination regarding whether such activity comports with institutional
principles.
XIII LICENSURE AND CERTIFICATION
13.1
Physician shall obtain and maintain a permanent unrestricted medical license with the State of
Arizona. Furthermore, the Physician will obtain and/or maintain board certification in anatomic or anatomic
and clinical pathology and in forensic pathology by the American Board of Pathology within two years of hire
as required by the position for which the Physician is employed.
XIV. RETURN OF PROPERTY
14.1
Upon termination of employment, Physician agrees to deliver all property including, but not limited
to, keys, records, notes, data, modems, supplies, and equipment of any nature in Physician’s possession or
under Physician’s control, which is the County’s property or related to County business.
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XV. OTHER PROVISIONS
15.1
Entirety. This written Agreement and any attachments incorporated herein by reference contain the
sole and entire Agreement between the parties and supersede any and all other agreements between the
parties. The parties acknowledge and agree that neither of them has made any representation with respect
to the subject matter of this Agreement or any representations inducing the execution and delivery of this
Agreement, except such representations as are specifically set forth in this Agreement, and each of the
parties acknowledges that such party has relied on such party’s own judgment in entering into the
Agreement. The parties further acknowledge that any statements or representations that may have
previously been made by either of them, or their representatives, to the other are void and of no effect and
that neither of them has relied thereon in connection with such party’s dealings with the other.
15.2
Amendment. This Agreement and any attachments incorporated herein by reference may be
modified or amended only if such amendment is made in writing and signed by the signatory parties hereto,
or their designees. Any amendment to this Agreement will adhere to State and Federal J-1 visa waiver
requirements.
15.3
Severability. This Agreement and any attachments incorporated herein by reference shall be
enforceable to the fullest extent permitted by law, and, if for any reason any portion of this Agreement is held
invalid, such invalidity shall not affect the enforceability of the Agreement as limited or modified by a court
of competent jurisdiction.
15.4
Waiver. The failure of either party to enforce any provision of this Agreement or any attachments
incorporated herein by reference shall not be construed as a waiver or limitation on that party’s right to
subsequently enforce and compel compliance with every provision of this Agreement.
15.5
Jurisdiction and Venue. This Agreement and any attachments incorporated herein by reference
shall be governed by the laws of the State of Arizona, and venue of any dispute shall be in Maricopa County,
Arizona.
15.6
Notice. Physician shall at all times during his employment have on file in the Department of Human
Resources a current mailing address (street address and, if applicable, post office box number). All notices
required under this Agreement shall be in writing and shall be deemed delivered when delivered in person
or deposited in the United States mail, certified return receipt requested addressed as follows:
THE COUNTY: Maricopa County
Office of the Medical Examiner
701 W Jefferson
Phoenix, AZ 85007
PHYSICIAN:
Eric Hirsch
1313 N 2nd Street #1518
Phoenix, AZ 85004
15.7
Change of Address. Such addresses (see Section 15.6) may be changed from time to time by either
party by providing written notice in the manner set forth above.
15.8
Understanding of Agreement. The Physician acknowledges that he has had the opportunity to
consult legal counsel and read and understands this Agreement and all the terms and conditions contained
herein.
15.9
Effective Date of Agreement. The effective date of this Agreement shall be the date first written
above in Section III “Term”.
15.10 Maricopa County Self-Insured Risk Trust Fund. In accordance with Section 1.7.7 of the Maricopa
County Self-Insured Risk Trust Fund (“Trust”), Physician shall be deemed an employee and have the same
coverage provided to him as a Maricopa County employee for the purposes of coverage under the Trust
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I have reviewed and agree with the employment agreement as stated and have initialed any changes or
additions, which have been discussed and agreed to by the Physician, and the County.
BY:
PHYSICIAN
DATE
BY:
DEPARTMENT
DATE
(IF APPLICABLE)
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Estimated Candidate Benefits/Compensation Statement
FULL-TIME (> 50%)
Name:
DIRECTION COMPENSATION $204,697
Calculations Based on Full-time Salary of:
$182,700
Employer Contribution to Retirement
$21,997
Direct Benefits Compensation Total
$21,997
TOTAL DIRECT COMPENSATION
$204,697
INDIRECT COMPENSATION
Employer Contribution to Social Security
$8,537
Professional Development
$4,000
Health Insurance Premium Sharing
$12,768
MPIP Insurance Program
Premiums paid by department, taxable income to employee
Long Term Disability
$329
Term Life
$107
Dental
$59
Provision for Liability Insurance
(l) $9
INDIRECT COMPENSATION TOTAL
$25,809
(Σf-l=m)
TOTAL DIRECT AND INDIRECT COMPENSATION
$230,506
Additional Support:
Reimbursement of relocation and moving
Expenses not to exceed:
$10,000
Attachment “A”
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SPECIAL POWER OF ATTORNEY
Medical Practice Income Plan
TTUHSC School of Medicine
STATE OF ARIZONA
COUNTY OF _____________________
Know all men by these presents that I, _______________________________ (Name), a Faculty
and/or Provider of Professional Services at Arizona Tech The County Health Sciences Center
(TTUHSC) School of Medicine, of said state and county, have made, constituted and appointed, and
hereby do make, constitute and APPOINT the Fiscal Manager for the Medical Practice Income Plan
(MPIP), and/or designee, my true and lawful attorney, for me and in my name to receive all electronic
transfers, endorse and negotiate all checks, drafts, bills of exchange, notes or other commercial paper,
payable to me or to my order, or which may require my endorsement, received in my name for all
professional services rendered by me while employed at the TTUHSC School of Medicine, giving and
GRANTING unto my said attorney full power and authority to do and perform all and every act
necessary to be done to carry out the above mentioned duties as fully, to all intents and purposes, as
I might or could do if personally present. I further AGREE and represent to those dealing with my
said attorney in fact that this Special Power of Attorney may be voluntarily revoked in writing alone by
revocation filed with the Dean of the TTUHSC School of Medicine, Lubbock County, Arizona.
IN
WITNESS
WHEREOF
I
HAVE
HEREUNTO
SET
MY
HAND
ON
________________________________________.
(Date)
Signed by:
________________________________________________
FACULTY/PROVIDER (Signature)
_______________________________________________
(Printed Name)
ACKNOWLEDGMENT
STATE OF ____________
COUNTY OF _____________
This document was ACKNOWLEDGED before me on ______________________________.
(Date)
______________________________ (Signature of Notary)
___________________________________ (Printed Name)
Notary Public in and for
The State of __________
My commission expires: _______________________
ATTACHMENT “B-1”
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ASSIGNMENT AND PLAN AGREEMENT
Medical Practice Income Plan
TTUHSC School of Medicine
I, _____________________________________________ (Name), a Faculty/Provider of
Professional Services at the Arizona Tech The County Health Sciences Center
(TTUHSC) School of Medicine, as a condition of my employment by TTUHSC, hereby
ASSIGN to the Medical Practice Income Plan (Plan) Trust Fund all fees charged by me
for professional activities and patient care, except those exempted by the Plan.
I further AGREE that all electronic funds, monies received by me, or other accrued credits
resulting from my professional activities will be promptly remitted to the School of
Medicine MPIP Business Office. It is expressly understood that this Assignment and Plan
Agreement (Assignment) does not apply to salary received from TTUHSC or to
reimbursement of actual expenses incurred under the Plan.
Further, I AGREE to comply with the MPIP Bylaws.
This Assignment will terminate when my membership with the Plan ends.
As indicated by my spouse’s signature below, if applicable, the undersigned joins this
Assignment in acknowledging that such Assignment and Plan Agreement is binding upon
the marital community pursuant to Arizona law.
___________________________________
_____________________________
CHAIR/REGIONAL CHAIR
Date
FISCAL MANAGER
Date
MPIP
__________________________________
____________________________
(Printed Name)
(Printed Name)
___________________________________
_____________________________
FACULTY/PROVIDER
Date
SPOUSE OF PROVIDER Date
(Must have signature or indicate “NONE”)
_________________________________________
___________________________________
(Printed Name)
(Printed Name, if applicable)
ATTACHMENT “B-2”
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IN WITNESS WHEREOF, the County has caused this Agreement to be executed by its duly
authorized officer this ______ day of __________________, 20__.
MARICOPA COUNTY
Chairman, Board of Supervisors Date
ATTEST:
Clerk of the Board Date
APPROVED AS TO FORM:
Deputy County Attorney Date
ATTACHMENT “B-3”