UNIVERSITY OF NEBRASKA MEDICAL CENTER COLLEGE OF MEDICINE EMPLOYMENT AGREEMENT The Board of Regents of the University of Nebraska, a public body corporate, for and on behalf of University of Nebraska Medical Center (UNMC) hereby agrees to employ (Faculty Member) and Faculty Member hereby agrees to accept employment by UNMC, subject to the following terms and conditions: ARTICLE 1: PROFESSIONAL STAFF APPOINTMENT STATUS The professional staff appointment status of Faculty Member pursuant to this Agreement shall be a FTE all-year, part-time Health Professions Faculty Appointment as a member of the Academic-Administrative staff of UNMC at the rank of Select Rank in the UNMC College of Medicine, Department of Select Department, and an appointment as a member of the medical staff of the VA Nebraska-Western Iowa Health Care System in Omaha, Nebraska. Although Faculty Member’s performance as a member of the medical staff of the Veterans Administration will be evaluated separately from UNMC’s professional staff evaluation, Faculty Member shall be considered to be a member of the full-time permanent faculty of UNMC for purposes of Section 4.4.7 of the Bylaws of the Board of Regents (Bylaws). In the event Faculty Member's employment as a member of the medical staff of the VA Nebraska-Western Iowa Health Care System in Omaha, Nebraska, shall be terminated during the term of this Agreement, then Faculty Member's UNMC appointment status shall automatically change to 1.00 FTE all-year, full-time Health Professions Faculty Appointment with an annual salary determined as provided below in Article 4. Faculty Member shall thereafter be eligible for all fringe benefits of employment available to other members of the Academic-Administrative staff on all-year, full-time appointments. ARTICLE 2: TERM OF AGREEMENT; NOTICE OF NON-REAPPOINTMENT The term of this Health Professions Faculty Appointment shall begin on and end at midnight on June 30, 20 . The term of this Health Professions Faculty Appointment shall be extended for successive terms of 12 months unless UNMC gives notice of non-reappointment and termination in accordance with the requirements of Section 4.4.7 of the Bylaws of the Board of Regents of the University of Nebraska (Bylaws). However, in no event shall the term of this Health Professions Faculty Appointment agreement exceed 5 years. ARTICLE 3: DUTIES OF EMPLOYMENT Faculty Member agrees to perform the teaching, service, and research duties and responsibilities set forth in the written statement attached to this Agreement as Appendix “A” and incorporated herein by reference. Faculty Member and UNMC agree that Appendix “A” shall be periodically reviewed and revised as appropriate in accordance with Sections 3.4.4, 4.1, 4.2, and 4.3 of the Bylaws. ARTICLE 4: SALARY The initial annual base salary of the Faculty Member shall be $ , payable in equal monthly installments (prorated for any partial initial month) and payable in accordance with the University of Nebraska Board of Regents Bylaws that relate to payment of salaries to members of its all-year Academic-Administrative staff. The initial annual base salary may, at anytime during the term of this Agreement, be adjusted upward without the necessity of a written amendment or modification of this Agreement. In the event that Faculty Member's employment as a member of the medical staff of the VA Nebraska-Western Iowa Health Care System in Omaha, Nebraska, is terminated during the term of this Agreement, then Faculty Member's employment status with UNMC shall automatically change to a 1.00 FTE all-year, full-time Health Professions Faculty Appointment as provided above in Article 1, and Faculty Member's annual UNMC salary shall be determined by dividing Faculty Member’s part-time Health Professions Faculty Appointment salary on the effective date of such termination by the fraction of Faculty Member’s part-time Health Professions Faculty Appointment. By way of illustration only, if Faculty Member's part-time Health Professions Faculty Appointment salary on such date of termination is $25,000.00 and the fraction of Faculty Member’s part-time Health Professions Faculty Appointment is .50 FTE, then Faculty Member's annual salary for Faculty Member’s all-year, full-time Health Professions Faculty Appointment would be $50,000 ($25,000 ÷ .50 = $50,000). ARTICLE 5: TERMS AND CONDITIONS OF EMPLOYMENT Faculty Member’s employment shall be subject to: (i) the terms and conditions of employment for members of the Academic-Administrative staff as provided in Chapter III of the Bylaws, and (ii) the rights and responsibilities of the professional staff as provided in Chapter IV of the Bylaws. Without limiting the generality of the foregoing sentence, the parties agree that in accordance with the provisions of Chapter IV of the Bylaws, Faculty Member’s employment may be terminated during the term of this Agreement or any extension thereof for reasons of adequate cause, disability, bona fide discontinuance of the program or department to which the Faculty Member is assigned, or extraordinary circumstances because of financial exigencies. For purposes of this Agreement, adequate cause shall include, but shall not be limited to Faculty Member’s inability to obtain or maintain: (i) Nebraska medical license, (ii) medical staff privileges at The Nebraska Medical Center and/or UNMC Physicians, (iii) malpractice insurance, (iv) Federal DEA, and (v) appropriate immigration documentation. ARTICLE 6: FRINGE BENEFITS Faculty Member shall be entitled to receive and participate in those benefits that UNMC routinely provides to other similarly situated Faculty Members. Employment Agreement HPFA Clinical with Simultaneous Appt at VA (11-16-12) Faculty Initials __________ Page 1 of 3 ARTICLE 7: PROMOTION IN RANK Faculty Member may apply for promotion in rank during the term of this Agreement in accordance with the Bylaws, appropriate departmental and college criteria for promotion and the UNMC criteria for promotion in effect at the time of application. Faculty Member may be promoted in rank without the necessity of a written amendment or modification of this Agreement. ARTICLE 8: CONTINUOUS APPOINTMENT (TENURE) Faculty Member may apply for or may be proposed for and be considered for a Continuous Appointment (tenure) during the term of this Agreement in accordance with the Bylaws, appropriate departmental and college criteria for awarding tenure and the UNMC criteria for awarding tenure in effect at the time of consideration. ARTICLE 9: MEDICAL SERVICE PLAN Faculty Member shall be a participating member of the University of Nebraska College of Medicine Medical Service Plan. Clinical service duties and compensation will be provided for in a separate written employment agreement with UNMC Physicians. ARTICLE 10: PROFESSIONAL LICENSES As a condition of initial and continued employment, Faculty Member will immediately apply for, obtain and maintain, at all times during the term of this Agreement, a full and unrestricted license to practice medicine in the state of Nebraska. (Contact the Nebraska Department of Health and Human Services, Division of Public Health, Licensure Unit, for Medicine and Surgery (402-471-2118) or go to www.dhhs.ne.gov/crl/medical/medsur/medindex.htm to begin the process.) As a condition of initial and continued employment, Faculty Member will immediately apply for, obtain and maintain an unrestricted Drug Enforcement Administration license to prescribe controlled substances at all times during employment with UNMC. ARTICLE 11: MEDICAL STAFF PRIVILEGES As a condition of initial and continued employment, Faculty Member must immediately apply for, obtain and maintain Medical Staff Privileges at The Nebraska Medical Center and/or UNMC Physicians. Medical staff inpatient privileges will be in accordance with the Bylaws of UNMC Physicians and the Bylaws of the Medical Staff of The Nebraska Medical Center and/or clinic privileges in accordance with the Bylaws of UNMC Physicians. Application for medical staff privileges is a separate process from the appointment with UNMC. The application packet will be sent to Faculty Member under separate cover. All required documentation must be completed and returned within 30 days of receipt so that credentials can be verified for medical staff privileges at The Nebraska Medical Center and UNMC Physicians. ARTICLE 12: RESIGNATION BY FACULTY MEMBER Faculty Member may resign from this Health Professions Faculty Appointment prior to the end of the term of this Agreement or any extension thereof in accordance with the notice of resignation requirements provided in Section 4.7 of the Bylaws. ARTICLE 13: AGREEMENT AMENDMENTS This Agreement may be amended at any time by written instrument duly approved by the President or President's designee and accepted by Faculty Member; provided, however, no such written instrument shall be required for any increase in Faculty Member's salary or any improvement to the fringe benefits of Faculty Member's employment, or for promotion in rank, any of which may be accomplished at any time by official action of the Board of Regents of the University of Nebraska (Board) without the necessity for written modification or amendment of this Agreement. This Agreement and Appendix “A” attached hereto constitute the entire agreement between the parties. This Agreement supersedes all previous agreements between or among the parties. There are no agreements, representations or warranties between or among the parties other than those set forth in this Agreement or the documents and agreements referred to in this Agreement. ARTICLE 14: GOVERNING LAW This Agreement shall be construed and enforced in accordance with, and is subject to the Bylaws and the laws of the State of Nebraska. ARTICLE 15: SEVERABILITY If any term, provision or condition of this Agreement is held by a court of competent jurisdiction or arbitrator to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated as a result of such decision. ARTICLE 16: MANUSCRIPTS Manuscripts for publication submitted after the date of appointment of Faculty Member will identify the association with the Department and UNMC. Employment Agreement HPFA Clinical with Simultaneous Appt at VA (11-16-12) Faculty Initials __________ Page 2 of 3 ARTICLE 17: SPECIAL COMMITMENT OF DEPARTMENTAL RESOURCES List of any commitment of department resources: Moving Expenses: The department will pay up to $ of any of the costs of moving your household goods, using UNMC's designated contract carrier. The department administrator will assist in the coordinating the details of your relocation. To include, if appropriate: Professional practice expenses, which include medical staff dues and licensure necessary for physician hospital organization approved practice sites and medical liability insurance, will be paid by the Department of ______ ARTICLE 18: IMMIGRATION AND EMPLOYMENT ELIGIBILITY As a condition of initial and continued employment, Faculty Member will immediately apply for, obtain and maintain, at all times during the term of this Agreement appropriate immigration documentation supporting their faculty appointment. ARTICLE 19: CONTINGENCIES This faculty appointment is contingent upon an acceptable background check, verification of credentials, and upon approval by the Chancellor of the UNMC or designated delegatee. The appointment of Faculty Member is subject to all terms and conditions contained in this Agreement, Bylaws and Policies and the procedures derived therefrom. (Bylaws can be found at www.nebraska.edu/board/board_bylaws.shtml. Policies can be found at www.nebraska.edu/board/board_policies.shtml). IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. ACCEPTED: By: __________________________________________ this _______ day of _____________, 20____. Faculty Member APPROVED: By: ________________________________________ ______________ Date Department Chair THE BOARD OF REGENTS OF THE UNIVERSITY OF NEBRASKA By: ________________________________________ ______________ Dean, College of Medicine Date By: ________________________________________ _______________ Vice Chancellor for Date Academic Affairs, UNMC Attachment: Appendix “A” Employment Agreement HPFA Clinical with Simultaneous Appt at VA (11-16-12) Faculty Initials __________ Page 3 of 3