FELLOWSHIP CONTRACT - GRAZIANO REVISED.DOCX
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1 Maricopa County FELLOWSHIP PROGRAM PHYSICIAN EMPLOYMENT AGREEMENT This Fellowship Program Employment Agreement (“Agreement”) is entered into in Phoenix, Arizona in Maricopa County on July 1, 2024, by and between Dr. Rebecca Graziano (“Fellow”) and Maricopa County (“the County”). Fellow and the County are each a “Party” and collectively, the “Parties.” RECITALS WHEREAS, The County desires to employ Fellow as a Forensic Pathology Fellow in post medical school training as a Medical Examiner, to learn expertise in the area of Forensic Pathology and medicolegal death investigation and generally to improve public health and safety for the community, and, WHEREAS, Fellow desires to be employed by the County for the purposes of completing a subspecialty year of Accreditation Council for Graduate Medical Education (ACGME) accredited post- graduate medical school fellowship training in the above enumerated services; and, WHEREAS, Fellow understands and acknowledges the critical importance of the County’s need to maintain quality professional medical care, to maintain high standards of 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 Fellow covenant and agree as follows: 1. DUTIES 1.1 Duties. Fellow agrees to train full-time (minimum of 40 hours per week) as a medical practitioner of the County, maintaining the highest principles of medical ethics. Fellow also agrees and understands that in addition to the minimum of 40 hours per week of work, additional evening and weekend medical services may be required; however, clinical and educational workhours will comply with limits as required by the ACGME. Fellow agrees that educational activities and scholarly work are important roles of the County and will devote time and effort to meeting their obligations to the Fellowship program. 1.2 Eligibility Requirements. This appointment is contingent upon successful completion of all prerequisites, which includes: o ACGME-accredited Anatomic Pathology or Anatomic and Clinical Pathology Residency Program; o Obtaining and maintaining medical licensure or a training permit in the State of Arizona; o Providing documentation of obtaining all required vaccines recommended for healthcare workers, including but not limited to, Tetanus and Hepatitis B (vaccines will be provided by the County’s contracted occupational health vendor if necessary); 2 o Providing documentation of required annual Tuberculosis testing and medical clearance to wear an N95 respirator (provided by the County’s contracted occupational health vendor if necessary); o Successful completion of a criminal background check; o Providing proof of passing the United States Medical Licensing Exams (USMLE), Comprehensive Osteopathic Medical Licensing Examination (COMLEX), or equivalent examination. 1.3 Applications. Fellow agrees to provide complete and accurate information on all applications for employment with the County and credentialing as deemed necessary by the County. In the event Fellow fails to be credentialed, this Agreement will immediately terminate. 1.4 Notification of Change in Status. Fellow will provide the director of the Graduate Medical Education (GME) Program (the "Program Director") with written notification of any change in status relating to 1.1 through 1.3. 1.5 Assignment of Specific Duties. A Deputy Chief Medical Examiner will direct the general and specific duties and assignments to be performed by Fellow. 2. TERM 2.1 The term of this agreement shall last one year. This Agreement shall commence July 1, 2024 and end June 30, 2025. 3. COMPENSATION 3.1 Salary. During the initial term of this Agreement, salary shall be eighty-five thousand ten dollars ($85,010.00) per year. 3.2 Benefits. Benefits or perquisites shall be provided as outlined in the Employee Benefit Overview attached hereto as Attachment “A,” along with any subsequent addendum/addenda, which shall be incorporated herein by reference. 4. TERMINATION OF AGREEMENT 4.1 The County may terminate this Agreement for cause for reasons, including but not be limited to: o the Fellow’s failure to maintain continued status in the Forensic Pathology Fellowship program; o the Fellow’s failure to satisfy the academic requirements of the Forensic Pathology Fellowship program; o the Fellow’s failure to progress in knowledge or performance at a satisfactory rate, including but not limited to, unsatisfactory performance evaluations and/or failure to meet the ACGME-provided competency milestones; 3 o the Fellow’s failure to attain or demonstrate competence in any of the six ACGME competencies; o the Fellow’s failure to maintain a current unrestricted license to practice medicine or training permit in the State of Arizona; o violation of the Maricopa County Code of Conduct, including, but not limited to: insubordination, flagrant tardiness, interpersonal problems in the workplace with colleagues or associates; o the Fellow’s failure to successfully pass a criminal background check, or performance of any subsequent criminal act; o a national disaster, act of war, civil unrest, or other causes beyond the control of any party that may disrupt the ability of the program to operate, thereby requiring suspension or termination of this appointment. 5. CONFIDENTIALITY & PROPRIETORY INFORMATION 5.1 Fellow hereby permits and authorizes the County to release and provide to the University of Arizona College of Medicine (UACOM), including third-party training sites that are a part of the GME Program, and to accrediting and certifying boards and organizations any requested and required information related to participating in the GME Program, including, but not limited to, social security number and immunization records. Fellow 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. Fellow agrees that Fellow 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. Fellow 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 Fellow to all costs associated with the collection thereof, including, but not limited to, interest, court costs, and attorney’s fees. The confidentiality of this Agreement shall remain in full force and effect after the termination of Fellow’s employment. 6. VACATION AND SICK LEAVE 6.1 Fellow will be provided a bank of vacation and sick hours and earn additional 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 Fellow and must be approved in advance by a Deputy Chief Medical Examiner. All employees are entitled to use the provided vacation and sick time beginning on the first day of employment and terminating on the last day of duty, without deduction of salary. All leave and hours worked must be recorded appropriately by the Fellow in Workday, the County’s Human Resources Information System (HRIS). As required by ACGME, Fellows are provided at least six (6) weeks of paid leave for medical, parental and caregiver leave that are available to take beginning on Fellow’s first day of employment. 4 7. COMPLIANCE WITH COUNTY POLICIES, APPLICABLE LAWS, AND PROGRAM RULES 7.1 Fellow agrees to comply with all the County rules, regulations, policies, procedures, and state and federal laws relevant to Fellow’s role. Fellow recognizes their responsibility to obtain and become familiar with such rules, regulations, policies, and procedures. Fellow and the County agree to comply with the policies of UACOM as the sponsoring institution, as well as ACGME program requirements. 8. CONFLICT OF INTEREST 8.1 Fellow shall adhere to and abide by all statutes, laws, and County policies related to conflicts of interest including, but not limited to County Policies on 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, Fellow shall first disclose the matter to Human Resources to obtain a determination regarding whether such activity comports with institutional principles. 9. LICENSURE AND CERTIFICATION 9.1 Fellow shall obtain and maintain a permanent unrestricted medical license or training permit with the State of Arizona. 10. RETURN OF PROPERTY 10.1 Upon termination of employment, Fellow agrees to deliver all property including, but not limited to, keys, records, notes, data, modems, books, supplies, and equipment of any nature in Fellow’s possession, which is the County’s property or related to County business. 11. OTHER PROVISIONS 11.1 Entire Agreement. 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. 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. 11.2 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 both Parties. 11.3 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 will not affect the enforceability of the Agreement. 5 11.4 Waiver. The failure of either party to enforce any provision of this Agreement or any attachments incorporated herein by reference will 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. 11.5 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. 11.6 Notice. Fellow shall at all times during their employment have on file in the Department of Human Resources a current mailing address (street address and, if applicable, post office box number) in the Human Resources Information System. All notices required under this Agreement shall be in writing and shall be deemed delivered when delivered in person; deposited in the United States mail, certified return receipt requested addressed as follows; or sent via email: THE COUNTY: Maricopa County Office of the Medical Examiner 701 W Jefferson Phoenix, AZ 85007 Amy.rex@maricopa.gov FELLOW: Dr. Rebecca Graziano 1940 W. Faria Lane Phoenix AZ 85023 rebeccagraz@gmail.com 11.7 Change of Address. Such addresses (see Section 11.6) may be changed from time to time by either party by providing written notice in the manner set forth above. 11.8 Understanding of Agreement. The Fellow acknowledges that they have had the opportunity to consult legal counsel and have read and understand this Agreement and all the terms and conditions contained herein. 11.9 Effective Date of Agreement. The effective date of this Agreement shall be the date set forth above in Section II “Term”. 11.10 Maricopa County Self-Insured Risk Trust Fund. In accordance with Section 1.7.7 of the Maricopa County Self-Insured Risk Trust Fund (“Trust”), Fellow shall be deemed an employee and have the same coverage provided to them as a Maricopa County employee for the purposes of coverage under the Trust. 6 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 Fellow, and the County. BY: FELLOW DATE IN WITNESS WHEREOF, the County has caused this Agreement to be executed by its duly authorized officer this 12th day of June, 2024. MARICOPA COUNTY BOARD OF SUPERVISORS BY: _________________________________ Chairman, Board of Supervisors Date: ______________________ ATTEST: ________________________________ Clerk of the Board Date: ______________________ Approved as to form: ________________________________ Deputy County Attorney Date: ______________________ 7 Attachment A Estimated Fellow Benefits/Compensation Statement FULL-TIME (> 50%) Name: Dr. Rebecca Graziano DIRECTION COMPENSATION $85,010 Calculations Based on Full-time Salary of: $85,010 Employer Contribution to Retirement $10,431 Direct Benefits Compensation Total $10,431 TOTAL DIRECT COMPENSATION $95,441 INDIRECT COMPENSATION Employer Contribution to Social Security $6,503 Professional Development $4,000 Health Insurance Premium Sharing $13,632* MPIP Insurance Program Premiums paid by department, taxable income to employee Long Term Disability $128 (Estimated) Term Life $190 (Estimated)* Dental $837 (Estimated)* Provision for Liability Insurance $9 INDIRECT COMPENSATION TOTAL $25,299 (Estimated) TOTAL DIRECT AND INDIRECT COMPENSATION $120,740 (Estimated) *Optional (dependent on if Fellow elects coverage)