BANNER HEALTH DI AGREEMENT AMEND 1.DOCX
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FIRST AMENDMENT TO EDUCATION AFFILIATION AGREEMENT (All students except for medical students, physician assistant, podiatry or dentistry) (BH #0101-02-25548 A1) THIS FIRST AMENDMENT TO EDUCATION AFFILIATION AGREEMENT (“Amendment”) modifies that certain Agreement effective July 19, 2011 (the “Agreement”) between Banner Health, an Arizona nonprofit corporation (“BH”), whose principal office is located at 1441 North 12th Street, Phoenix, AZ 85006 and Maricopa County, acting by and for its Department of Public Health (the “County”), whose principal office is located at 4041 North Central Avenue, Suite 1400, Phoenix, AZ 85012. Hereafter, BH and County may be referred to individually as the “Party” or collectively as the “Parties”. WHEREAS, The Parties entered into the Agreement wherein County wishes to participate with BH in providing student experiences at BH and BH affiliated facilities (the “facility” or the “facilities”) in all Healthcare-related programs mutually agreed upon by the Parties, and subject to the written pre-approval by BH’s Learning and Development/Student Center of Excellence Department (“Program”) and BH wishes to cooperate in the development of settings for intern experiences for interns enrolled in Programs at County and BH and such intern experiences shall be mutual interest to County an BH; and The Agreement will expire under its own terms on March 1, 2014. The Parties have agreed to amend certain terms of the Agreement; and The Parties desire to evidence their agreement by execution of this Amendment. NOW THEREFORE, in consideration of the mutual covenants and conditions herein contained and for other good and valuable consideration the Parties agree as set forth below: 1. Amendment of Agreement. The Parties agree to amend the term of the Agreement as follows: a. The Parties agree that the term of the Agreement is hereby extended through March 01, 2017. b. The Parties agree to delete Exhibit A (Health Standards) of the Agreement in its entirety and replace with the attached Exhibit A (Health Standards) incorporated herein by reference. c. The Parties agree to delete section I.15. of the Agreement and replace with the following language: Background Investigations. Prior to providing Services at BH, County shall complete and submit a “Disclosure and Authorization to Obtain Investigative Consumer Report for Contracted Persons” (“Disclosure Form”) to BH’s Secure Hire Department. A completed form is required for each County Personnel providing Services at BH. A copy of the Disclosure Form is attached hereto and incorporated herein and will be made available to County at any time u County upon request. BH may terminate this Agreement immediately upon written notice to County if County or any of County Personnel providing Services at BH does not clear the process set forth by BH’s Secure Hire Department. Complete all documents and submit via email to: SecureHire.Students@bannerhealth.com There will be no charge to County for these background investigations conducted by BH. d. The Parties agree to delete section III.23. of the Agreement and replace with the following language: Non-Discrimination. BH and County 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 By: MMJ September 2013 0101-02-25548 A1 with all state and federal employment laws, rules, regulations and executive orders, including Executive Order 2009-09. 2. Agreement Effective. Except as otherwise expressly provided herein, all terms and conditions of the Agreement shall remain unmodified and in full force and effect. 3. Precedence of Amendment. In the event of a conflict between the terms and conditions of this Amendment and the terms and conditions of the Agreement, the terms and conditions of this Amendment shall govern and control. 4. Capitalized Terms. All capitalized terms used in this Amendment and not otherwise defined herein shall have the meaning ascribed to such terms in the Agreement. 5. Incorporation. This Amendment shall be attached to, and made a part of, the Agreement. This Amendment shall be deemed effective on the latest date shown below the signatures. BANNER HEALTH, an Arizona MARICOPA COUNTY, ACTING BY AND nonprofit corporation FOR ITS DEPARTMENT OF PUBLIC HEALTH BY: BY: Ed Oxford ITS: SVP/Chief Talent Officer ITS: Chairman, Maricopa County Board of Supervisors DATE: DATE: Attest:_____________________________________ Clerk of the Board Signature Date:_______________________________ BY: ITS: Director, MCDPH DATE: Approved as to Form: BY: ITS: Attorney for the Board of Supervisors DATE: By: MMJ September 2013 0101-02-25548 A1 EXHIBIT A Health Standards County shall keep proof that each of its students participating in a Rotation at a BH facility is in compliance with the following Health Standards. The Health Standards include without limitation: 1) Proof of immunity or immunization to varicella; 2) Proof of immunity or immunization to measles, mumps, and rubella; 3) Annual TB screen; 4) Hepatitis B vaccination series, or signature by individual on a waiver declining the series, is required; 5) Proof of current Mantoux method PPD two (2)-step testing process which includes: First step completed within twelve (12) months prior to the commencement of the student’s Rotation. The second step must have been completed within one (1) to three (3) weeks after the first step was administered. In the event the PPD two (2)-step testing process was not administered during the previous twelve (12) months, the PPD two (2)-step testing process is required prior to the commencement of student’s Rotation; 6) For each student who will be in a BH facility, County shall provide to BH proof of student’s annual influenza (flu) vaccination administered on or before December 1st of each calendar year or other date as mandated by BH’s occupational health and infection prevention standards. BH will accept a receipt of payment for vaccination or a copy of a student’s consent to receive the immunization as proof of vaccination. Exemption to immunization may be granted by BH for medical contraindications (including disabilities) or religious beliefs. To qualify for such an exemption, a student must complete the form attached hereto* and submit it to the email address or fax number provided on the form. Students who are approved for “Exempted Status” are required to wear a surgical mask during influenza season at all times while in a BH facility except while eating in a cafeteria, break room or conference room (except when patients are present). The surgical masks will be supplied by BH at no cost to County and will be readily available in all BH clinical facilities; and 7) Such other specific test or Health Standard as BH may request from time to time. BH shall be permitted, upon prior reasonable notice, to audit applicable County records demonstrating student’s adherence with Health Standards. *The following forms shall be attached separately hereto and incorporated by reference: Declination of Seasonal Influenza Vaccination for Religious Beliefs Declination of Seasonal Influenza Vaccination for Medical Contraindication By: MMJ September 2013 0101-02-25548 A1