HOST ORGANIZATION AGREEMENT
This Agreement is entered into as of this 6
th day of June2022 by and between Health Career Connection, Inc., a California Non Profit Corporation ("HCC") and The City of Gonzales (City) (the "Sponsor"). In consideration of the mutual agreements set forth herein, the parties hereby agree:
1. Selection of Interns. HCC has recruited the number of students shown on Exhibit A to participate in an internship program at the Sponsor's facility identified on such exhibit. The names of the assigned students (the "Interns") shall be set forth on Exhibit A. Additional Interns may be added to Exhibit A from time to time by mutual written consent of HCC and Sponsor. HCC and Sponsor may also adjust the Fees associated with each intern, as specified in Paragraph 8, by mutual written consent and incorporate the adjusted rates in Exhibit A.
2. Terms of Internship. All Interns shall be placed on the following terms, except as set forth on Exhibit A:
a. Placement of Interns. The Interns shall be placed with Sponsor for ten weeks, during which time they shall participate in health care management or other intern activities under the preceptorship and close supervision of Sponsor. The specific dates for Interns' placement each year shall be delineated in Exhibit A.
b. Close Supervision. Sponsor shall identify on Exhibit A an individual who shall serve as a preceptor for each Intern. The preceptor shall be responsible for assigning all tasks and shall make reasonable efforts to obtain feedback concerning the intern’s experiences, training and performance. The preceptor shall provide the Intern with not less than two reviews of the Intern's work, one review being provided not later than the sixth week of the placement and another review being provided not earlier than the ninth week of the placement. The reviews shall be utilized for the purpose of providing the Intern with feedback concerning the Intern’s professional training experience in health care management. It shall not be structured or presented as a performance evaluation similar to those used for Sponsor’s employees.
c. Intern Coordinator and Program Oversight. HCC shall identify on Exhibit A an individual who shall serve as the Coordinator for each Intern. The Coordinator will be responsible for overseeing the placement with Sponsor and shall be the principal HCC contact for each intern's preceptor.
HCC may also from time to time promulgate policies and procedures governing Interns and the internship program as a whole, and Sponsor agrees to comply with all such policies and procedures of which it is made aware and not to ask any Intern to breach any such policies and procedures. d. Policies and Procedures. All Interns shall be subject to the policies and procedures of the Sponsor generally applicable to business visitors and invitees and to other educational trainees at the Sponsor’s site. The Sponsor shall make reasonable efforts to inform Interns of these policies and procedures. Moreover, interns are expected to comply with privacy and HIPAA expectations when it comes to client/patient information, or any personal health information, be it written, spoken, or electronically transmitted. HCC will take the proper steps to ensure interns receive, and are presented with HIPAA expectation information prior to the internship start date. Interns will understand that any health information that identifies someone or can be used to identify someone must be protected. Interns are expected to understand that any violation of HIPAA guidelines can result in internship termination and potential fines, including imprisonment.
e. Educational Activities. HCC will schedule up to four to six hours per week of educational and/or social activities during normal business hours, and HCC or the Intern will inform Sponsor at the beginning of the placement or from time to time of the schedule for such activities.
Sponsor will not ask Interns to be available during these time periods and during the times needed to travel to and from such activities. Sponsor understands that Interns are students seeking an educational work experience and mentoring by health care professionals, and agrees to exercise reasonable efforts to involve Interns in activities that will provide them with learning opportunities and a range of professional experiences.
f. Removal of Intern. Sponsor shall retain the right to have an Intern removed from Sponsor’s facilities for violations of Sponsor’s policies and procedures and may thereafter request a substitute Intern be assigned for a new term.
3. Providing Interns An Educational And Training Experience. HCC’s internship program is intended as a professional educational experience for the Interns. Interns are not employees or independent contractors of HCC or Sponsor. It is anticipated and expected that Interns will be assigned projects and assignments that are vocational in nature and that Interns will perform assignments that are both educational in nature and beneficial and necessary to the mission of helping patients. Sponsor has broad discretion to assign Intern a variety of tasks and work commensurate with Intern’s educational background and experience. Interns are not, however, to be utilized as replacement or temporary employees and Intern’s placement is not intended to displace any of Sponsor’s existing personnel.
It is the intention of HCC and Sponsor that Intern have broad exposure to Sponsor’s health care management, program, policy and population practices and that the internship experience will provide Intern with practical on-the-job experience in areas of health care management that compliment Intern’s educational experience. Providing Intern exposure to strategic planning, budgeting, personnel management, population health, diversity, equity and inclusion and other management functions of Sponsor that reinforce subject areas included in Intern’s academic program is strongly encouraged.
4. Interns Not Employees. An Intern is not an employee of HCC or Sponsor. Sponsor is not obliged to, and will not pay Intern any form of employee compensation or provide Intern any employee benefits, unless agreed to in advance in writing by Sponsor and HCC.
5. No Employment Guarantees. HCC and Sponsor acknowledge and agree that although Sponsor may employ Intern at some future date, neither HCC nor Sponsor has made any statement, representation or offer to Intern guaranteeing Intern employment with Sponsor based upon Intern’s participation in, or completion of, the internship program. The internship program is not a recruiting mechanism for Sponsor and the internship program is not intended to screen potential applicants for future employment opportunities with Sponsor. After the internship period has expired, Sponsor may consider qualified Interns for future employment opportunities.
6. HCC And Sponsor Are Not Agents Of Each Other. Neither HCC nor Sponsor is authorized to act as the agent of the other. Statements, promises or obligations made or assumed by one party are not binding or enforceable against the other, unless specifically authorized, in writing, by the other.
7. Fees. The Sponsor agrees to pay HCC zero dollars ($0) per Intern as the Program Fee per Intern(s) ("Program Fee") shown on Exhibit A, payable within thirty (30) days of invoice. The Program Fee covers the cost of the Intern’s educational stipend, to be paid by HCC. It also includes HCC’s Administrative and Educational Program Fee including: the recruitment and screening of students, managing initial interviews, setting up host partner interviews, final placement of candidates, and HCC's management and delivery of HCC’s comprehensive summer educational program activities for the interns, including orientation sessions, educational and professional development workshops, graduate education workshops, mentorship and networking events, career planning activities and a closing luncheon/graduation session for all interns and their preceptors. The Program Fee also includes mentorship, program success support and networking provided by HCC staff to the interns during the program. Details for payment contact are shown on Exhibit B.
8. Program Term: The term of this Agreement shall be one (1) year commencing as of the date the Agreement is executed by the parties ("Effective Date"), unless terminated earlier pursuant to Section 9 hereof. The term of the Agreement may thereafter be extended for successive one (1) year terms by mutual written agreement of the Parties.
9. Termination. This Agreement may be terminated on ninety (90) days’ written notice by either party. Notwithstanding the foregoing, each party shall be bound to make or accept Intern placements agreed to prior to the date of termination, unless the parties mutually agree, in writing, to the contrary.
However, the HCC Administrative and Educational Program Fee, if any, shall be nonrefundable in the event Sponsor terminates the Agreement or any of the intern’s internships within thirty (30) days prior to an Intern's start date, as delineated in Exhibit A.
10. LIABILITY, INDEMNIFICATION AND INSURANCE.
a. NO CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL EITHER PARTY, ITS
TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES AND AFFILIATES BE LIABLE FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT
LIMITATION, ECONOMIC DAMAGE OR INJURY TO PERSONS OR PROPERTY AND LOST
PROFITS, REGARDLESS OF WHETHER SUCH PARTY SHALL BE ADVISED, SHALL HAVE
OTHER REASON TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY OF THE FOREGOING.
b. Limitation on Liabilities. HCC shall not be liable for the actions of any Intern while such Intern was subject to the supervision of Sponsor, except to the extent such actions resulted from gross negligence or willful misconduct of HCC's management or regular staff. Neither party shall be liable to the other except as provided herein or except to the extent such liability arises out of a breach of this Agreement or such party's gross negligence or willful misconduct. c. Insurance. Each party represents that it carries general commercial liability insurance in an amount that such party deems reasonable for its business.
11. Legal Compliance; Reformation. Each party agrees to comply with all applicable laws, and in the event either party determines that any provision of this agreement may result in a breach of any applicable law, each party agrees to negotiate in good faith to reformulate this Agreement in a manner which fulfills the spirit of the Agreement while fully complying with all applicable laws.
12. Assignment. This Agreement is not assignable by either party and any attempt to do so shall be void.
13. Integration. The parties hereto acknowledge that this Agreement sets forth the full, final and entire Agreement and understanding of the parties hereto as to the subject matter hereof, and shall not be subject to any change or modification except by the execution of a written instrument signed by the parties.
14. Severability. The provisions, paragraphs and terms of this Agreement are severable, and in the event that any provisions, paragraphs or terms of this Agreement shall be determined to be invalid or unenforceable under any controlling body of the law, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions, paragraphs or terms hereof.
15. Waiver. The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition of this Agreement shall not constitute a waiver of that right or excuse a similar subsequent failure to perform any such term or condition by the other party.
16. No Oral Modifications. This Agreement cannot be modified or amended except by a written document signed by authorized representatives of the parties. Any attempt to modify or amend this Agreement, not done in accordance with this paragraph 15, shall be ineffective, null and void
17. Choice of Law. All disputes arising out of or related to this Agreement, or the performance, enforcement, breach or termination hereof, and any remedies relating thereto, shall be construed, governed, interpreted and applied in accordance with the laws of the State of California, U.S.A.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives.
Sponsor: City of Gonzales HEALTH CAREER CONNECTION, INC.:
Printed Name: Rene Mendez, Gonzales City Manager Printed Name: Jeffrey Oxendine, CEO Signature: Signature:
Date: Date:
EXHIBIT A
SPONSOR NAME: _City of Gonzales _____________________
Number of Interns to be provided: 1
Name of Intern(s) Official HCC
Representative
Preceptor Department Internship start and
end dates. If blank,
to be determined by
May 15, 2022
Special Terms for
Internship (specify
“none” if no special
terms apply)
Jose A. Jimenez
CC: Jeff Oxendine
Carmen Gil Community
Engagement
EXHIBIT B
1. Consultant Name and Address: Health Career Connection, Inc. 300 Frank H. Ogawa Plaza, Suite 243 Oakland, CA 94612
2. Financial Arrangement:
Total: $0 Admin and Program Fee
Rate of payment: The Sponsoring Organization will pay the total within thirty (30) days upon receipt of invoice
3. Invoices to be submitted to: Name: ______________________________ Address: ______________________________
Phone: ______________________________
Email: ______________________________
Fax: ______________________________
4. Notices to be sent to:
For Sponsoring Organization
Name: ______________________________
Address: ______________________________
Phone: ______________________________
Email: ______________________________
Fax: ______________________________
For Health Career Connection:
Jeffrey Oxendine
CEO
Health Career Connection
300 Frank H. Ogawa Plaza, Suite 243,
Oakland, CA 94612
[email protected]