BISSESSAR - CONRAD 30 PHYSICIAN EMPLOYMENT CONTRACT.DOCX
Extracted text (via pymupdf)
13754 characters
1 Maricopa County CONRAD 30 PHYSICIAN EMPLOYMENT AGREEMENT This Physician Employment Agreement (“Agreement”) is entered into at Phoenix, Maricopa County, Arizona on July 1, 2022____, by and between Dr. Randall Bissessar (“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 to improve 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 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; Duties will be performed at: 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 2 1.2 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. 1.3 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. 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 July 1, 2022, and end June 30, 2025. (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.) 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 $190,000 per year. Annual increases are determined by the Maricopa County Board of Supervisors on a fiscal year (July 1). At all times the wage 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. V. TERMINATION OF AGREEMENT 5.1 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. VI. CONFIDENTIALITY & PROPRIETORY INFORMATION 6.1 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 3 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. VII. VACATION AND SICK LEAVE 7.1 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. VIII. COMPLIANCE WITH THE COUNTY RULES 8.1 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. IX. CONFLICT OF INTEREST 9.1 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. X. LICENSURE AND CERTIFICATION 10.1 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. XI. RETURN OF PROPERTY 11.1 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. XII. OTHER PROVISIONS 12.1 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 4 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. 12.2 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. 12.3 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. 12.4 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. 12.5 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. 12.6 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: (insert address) 12.7 Change of Address. Such addresses (see Section 12.6) may be changed from time to time by either party by providing written notice in the manner set forth above. 12.8 Understanding of Agreement. The Physician acknowledges that he has had the opportunity to consult legal counsel as necessary and read and understands this Agreement and all the terms and conditions contained herein. 12.9 Effective Date of Agreement. The effective date of this Agreement shall be the date first written above in Section III “Term”. 12.10 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. 5 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 IN WITNESS WHEREOF, the County has caused this Agreement to be executed by its duly authorized officer this _______ day of ______________________, 2021. 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: ______________________ 6 Estimated Candidate Benefits/Compensation Statement FULL-TIME (> 50%) Name: Dr. Randall Bissessar DIRECTION COMPENSATION $213,577 Calculations Based on Full-time Salary of: $190,000 Employer Contribution to Retirement $23,577 Direct Benefits Compensation Total $23,577 TOTAL DIRECT COMPENSATION $213,577 INDIRECT COMPENSATION Employer Contribution to Social Security $11,780 Professional Development $4,000 Health Insurance Premium Sharing $13,632 MPIP Insurance Program Premiums paid by department, taxable income to employee Long Term Disability $361 Term Life $49 Dental $837 Provision for Liability Insurance (l) $9 INDIRECT COMPENSATION TOTAL $30,668 (Σf-l=m) TOTAL DIRECT AND INDIRECT COMPENSATION $244,245 Additional Support: Reimbursement of relocation and moving Expenses not to exceed: $10,000 Attachment “A”