HomeMy WebLinkAboutHealth Career Connection-Health Care Management Student Intern Program_A-19-291-1.pdf County of Fresno Hall of Records, Room 301
2281 Tulare Street
Fresno,California
<6 Board of Supervisors 93721-2198
1856 0 Telephone:(559)600-3529
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www.co.fresno.ca.us
August 4, 2020
Present: 5- Chairman Buddy Mendes,Vice Chairman Steve Brandau, Supervisor Nathan Magsig,
Supervisor Brian Pacheco, and Supervisor Sal Quintero
Agenda No. 31. Behavioral Health File ID:20-0586
Re: Approve and authorize the Chairman to execute retroactive Amendment I to Agreement 19-291 with
Health Career Connection for a healthcare management student internship program, effective June 1,
2020 with no change to the term of July 1, 2019 through June 30, 2022($0)
Approved as Recommended
Ayes: 5- Mendes, Brandau, Magsig, Pacheco, and Quintero
Agreement No. 19-291-1
County of Fresno Page 33
co
r; Board Agenda Item 31
o 1s,G o
FRESH
DATE: August 4, 2020
TO: Board of Supervisors
SUBMITTED BY: Dawan Utecht, Director, Department of Behavioral Health
David Pomaville, Director, Department of Public Health
SUBJECT: Retroactive Amendment I to Agreement with Health Care Connection for Health
Care Management Student Internship Program
RECOMMENDED ACTION(S):
Approve and authorize the Chairman to execute retroactive Amendment I to Agreement 19-291 with
Health Career Connection for a healthcare management student internship program, effective
June 1, 2020 with no change to the term of July 1, 2019 through June 30, 2022 ($0).
Approval of the recommend action will permit Health Care Connection (HCC)junior and senior year college
students to acquire practical knowledge in health care management through a 10-week summer internship
program with the Department of Behavioral Health. Participation will be completed without monetary
compensation between either party and HCC will ensure possess the required insurance. Department staff
will supervise the interns. This item is countywide.
ALTERNATIVE ACTION(S):
Should your Board not approve the recommended action, the Department would be unable to offer HCC
students an internship placement in health care management.
RETROACTIVE AGREEMENT:
Health Care Connection approached the Department of Behavioral Health with this intern opportunity in early
April 2020. It was learned that the Department of Public Health had an existing agreement with HCC and
research began to determine whether DBH could be added to said agreement. Risk Management and
County Counsel were consulted to find out if the provisions of the current agreement met the requirements
for an intern working in a behavioral health setting as privacy laws are stricter due to the nature of the
service delivery.Additional liability and indemnity requirements were recommended and added to the
amendment, however, this conversation progressed past the program start date of June 1, 2020.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action or monetary
compensation. If approved, HCC will ensure interns obtain general, automobile and professional liability
insurance, as necessary. Department executive staff will supervise the interns.
DISCUSSION:
HCC is a national non-profit organization that recruits, screen, finds, and funds internship placements for
County of Fresno Page 1 File Number.20-0586
File Number:20-0586
college students within health care organizations. Over the past ten years, HCC has placed interns with the
Department of Public Health, making it possible for students to field-train in health-care management. HCC
refers up to three interns annually for the summer internship program. This amendment will provide students
the opportunity to learn about the discipline of Behavioral Health. Interns assist Department programs in
providing health education support and planning educational meetings, events, and trainings. In addition,
interns will provide support to Department staff with community outreach and in developing, collecting and
analyzing survey data. This Amendment shall become effective retroactive June 1, 2020.
This contract does not contain the Commercial General Liability or Workers' Compensation Insurance
clauses required by Risk Management in standard internship agreements between the County and
Educational Institutions. Removal of this insurance language does increase County exposure to Liability and
Workers' Compensation claims associated with this contract, and for that reason Risk Management
recommended against excluding said insurance language. However, the HCC interns would be teleworking
and not on County property completing their internship. In addition, each student will be required to sign an
agreement and release of liability form releasing the County from Commercial General Liability or Workers'
Compensation claims, as indicated in Exhibit B of the agreement. The Department of Behavioral Health
believes that the benefits of the recommended Agreement outweigh the potential risks because students are
able to receive practical and insight into a County behavioral health and public health system of care that
serves a diverse community with cultural competency and recommends approval of the agreement. County
Counsel reviewed and approved the agreement for legal form but did not opinion as to the insurance terms.
HCC shall ensure that each student who participates in the internship program with the Department of
Behavioral Health procures and maintains in force during the term of this agreement or internship, at the
students' sole cost and expense, General Liability Insurance. The policy of General Liability Insurance shall
have coverage for sexual harassment and abuse, property damage, bodily injury, and personal injury within
stated limits.
If students' internship is in a discipline that would normally require Professional Liability Insurance, HCC shall
ensure that each student procures and maintains in force during the term of the internship, at students' sole
cost and expense, Professional Liability Insurance in amounts reasonably necessary to protect the student
against liability arising from any and all negligent acts or incident caused by the student.
REFERENCE MATERIAL:
BAI #51, June 18, 2019
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk-Amendment I to Agreement 19-291 with HCC
Agreement and Release of Liability- Exhibit B
CAO ANALYST:
Ronald Alexander
County of Fresno page 2 File Number.20-0586
Agreement No. 19-291-1
1 AMENDMENT I TO AGREEMENT
2 THIS AMENDMENT, hereinafter referred to as "Amendment I", is made and entered into this
3 231 day of June, 2020, by and between the COUNTY OF FRESNO, a Political Subdivision of the
4 State of California, hereinafter referred to as "COUNTY", and HEALTH CAREER CONNECTION, a
5 California Non-Profit Organization, whose address is 300 Frank H. Ogawa Plaza, Suite 243, Oakland,
6 California, 94612, hereinafter referred to as "CONTRACTOR" (collectively the "parties").
7 WHEREAS the parties entered into that certain Agreement, identified as COUNTY Agreement
8 No. 19-291, effective June 18, 2019, hereinafter referred to as "Agreement", whereby CONTRACTOR
9 agreed to provide health care management experience for students, hereinafter referred to as
10 "Interns", from various colleges and universities; and
11 WHEREAS the parties now desire to amend the Agreement regarding changes as stated
12 below and restate the Agreement in its entirety.
13 NOW, THEREFORE, in consideration of their mutual promises, covenants and conditions,
14 hereinafter set forth, the sufficiency of which is hereby acknowledged, the parties agree as follows:
15 1. That the existing COUNTY Agreement No. 19-291, Page one (1), Line eight (8),
16 beginning with the word "WITNESSETH" and ending on Page one (1), Line nineteen (19)with the
17 word "follows" be deleted and the following inserted in its place*
18 "WITNESSETH
19 WHEREAS, CONTRACTOR, has developed a ten (10)week summer college
20 health care management internship program, hereinafter referred to as the "Intemship Program", that
21 seeks partnerships with other organizations to provide health care management experience to
22 students, hereinafter referred to as "Interns", from various colleges and universities; and
23 WHEREAS, COUNTY, through its Department of Public Health (DPH) and
24 Department of Behavioral Health (DBH), maintains and operates facilities suitable for furnishing such
25 health care management internship experience and has experienced staff who can provide
26 preceptorship and close supervision of such Intems; and
27 WHEREAS, it is to the mutual benefit of the parties hereto that personnel and
28 students of CONTRACTOR use such facilities of COUNTY for the Internship Program; and
1 - COUNTY OF FRLSNO
Fresno, CA
1. NOW, THEREFORE, in consideration of the mutual covenants, terms and
2 conditions herein contained, the parties hereto agree as follows:"
3 2. That the following section be added at Page seven (7), Line four (4):
4 7. Employment Relationship
5 CONTRACTOR, its instructors, employees and students, shall have absolutely no right
6 to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be
7 solely liable and responsible for providing to, or on behalf of, its employees all legally-required
8 employee benefits. In addition, CGM T RynC T O7�P, shall be solely eSP0- nsabie grid save COP H T Y
9 hany4ess rorrnk all matters relaLiUag f:c pay6-roernt o- Col,JTRAC T OR's employees, irnclfludirng
10 c;ornpi]iande vMh Social Sesuri4y, kuhL-hhohd,"ng, and Fill ether rsgu adons governing SUcf
11 rruatteus. � b3t.,Veern COUNTY and 00i,�T RACTOR, should time s,[,mden'�s be deemed
12 enlp, eyees fby any gcvernrnerntal rrr regulatory body, the student shai9 be the evnployee o
13 C0N T 1,1%faC T O1',F,1 for^ffcrrker's Corr perdsation purposes only tout, not rithstanding F:Irae
14 foregoing, studerli:s sh-:M Ine dleemed rraembers of COUNTY's workforce for purposes ou
15 F'1 GP AA.
1.6 In consideration of the benefits the CONTRACTOR derives from this Agreement and
1'7 subject to the provisions herein, CONTRACTOR shall not consider the students to be employees
18 of, or claim the students are employees of, the COUNTY for the purposes of determining liability for
19 any and all costs and expenses, including attorney fees and court costs, damages, liabilities, claims
20 and losses occurring or resulting to the CONTRACTOR or to any person, firm or corporation who
21 may be injured or damaged by any act or failure to act, of any student or person participating in or
22 connected with the programs that are the subject of this Agreement.
23 In consideration of the benefits the COUNTY derives from this Agreement and subject to
24 the provisions herein, COUNTY shall not consider the students to be employees of, or claim the
25 students are employees of, the CONTRACTOR for the purposes of determining liability for any and
26 all costs and expenses, including attorney fees and court costs, damages, liabilities, claims and
27 losses occurring or resulting to the COUNTY or to any person, firm or corporation who may be
2 8 injured or damaged by any act or failure to ac"i, of any student or person participating in or
- COUNTY OF FRNSNO
Fresno, CA
1 connected with the programs that are the subject of this Agreement. All students placed with
2 COUNTY facilities and departments must sign the Agreement and Release of Liability attached
3 hereto as Exhibit B.
4 It is acknowledged that during the term of this Agreement, CONTRACTOR may be
5 providing services to others unrelated to COUNTY or to this Agreement."
6 3. That section seven (7), Modification, through section twenty (20, Entire Agreement, be
7 renumbered to section eight (8) through section twenty-one (21).
8 4. That the existing COUNTY Agreement No. 19-291, Page eight (8), Line one (1),
9 beginning with Line One (1), with the word "Insurance" and ending on Page eight (8), Line Twenty-
10 two (22) with the word "Code" be deleted and the following inserted in its place:
11 "11. INSURANCE
12 Without limiting the COUNTY'S right to obtain indemnification from
13 CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force
14 and effect, the following insurance policies or a program of self-insurance, including but not limited to,
15 an insurance pooling arrangement or Joint Powers Agreement (JPA)throughout the term of the
16 Agreement:
17 A. Commercial General Liability
18 Commercial General Liability insurance with limits of not less than One Million
19 Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million Dollars ($3,000,000).
20 This policy shall be issued on a per occurrence basis. COUNTY may require specific coverages
21 including completed operations, products liability, contractual liability, Explosion-Collapse-
22 Underground, fire legal liability or any other liability insurance deemed necessary because of the
23 nature of this contract.
24 CONTRACTOR shall ensure that each student who participates in COUNTY's
25 internship program procures and maintains in force during the term of this agreement or internship, at
26 the students' sole cost and expense, General liability Insurance. The policy of General Liability
27 Insurance shall have coverage for sexual harassment and abuse, property damage, bodily injury, and
28 personal injury within the stated limits.
3 - COUNTY OF FRFSNO
Fresno, CA
1 If the CONTRACTOR will require students to provide their own insurance,
2 instead of the CONTRACTOR providing it on the student's behalf, the students will also have to name
3 the County as an additional insured and their insurance will be primary.
4 B. Automobile Liability
5 Comprehensive Automobile Liability Insurance with limits of not less than One
5 Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage
7 should include any auto used in connection with this Agreement.
8 CONTRACTOR shall ensure that each student who participates in COUNTY's
9 internship program procures and maintains in force during the term of this agreement or internship, at
10 the students' sole cost and expense, Automobile Liability Insurance.
11 COUNTY shall ensure that the student internship scope of experience does not
12 include driving without pre-approval from the Contractor Risk Manager.
13 C. Professional Liability
14 If CONTRACTOR employs licensed professional staff (e.g. Ph.D., R.N.,
15 L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than
15 One Million Dollars ($1,000,000) per occurrence, Three Million Dollars ($3,000,000) annual
17 aggregate.
18 If students' internship is in a discipline that would normally require Professional
19 Liability Insurance CONTRACTOR shall ensure that each student procures and maintains in force
20 during the term of the internship, at students sole cost and expense, Professional Liability Insurance
21 in amounts reasonably necessary to protect the student against liability arising from any and all
22 negligent acts or incidents caused by the student.
23 D. Workers' Compensation
24 A policy of Worker's Compensation insurance as may be required by the
25 California Labor Code. CONTRACTOR shall be responsible for Worker's Compensation coverage for
26 students when participating in the program."
27
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4 _ COUNTY OF FRFSNO
Fresno. CA
1 17. Except as otherwise provided in this Amendment I, all other provisions of the
2 Agreement remain unchanged and in full force and effect. This Amendment I shall become effective
3 retroactive to June 1, 2020.
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5 _ COUNTY OF n RESIVO
Fresno, CA
1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment I to Agreement as
2 of the day and year first hereinabove written,
3
CONTRACTOR: COUNTY OF FRESNO:
4 HEALTH CAREER CONNECTION
5 B �I- e--4--
6 B
Y '� i Y
Ernest Buddy Mendes,
7 � Chairman of the Board of Supervisors
of the County of Fresno
8 Print Name:
9 Title: 6e n I c9q (`GC ! r`e S;�e ✓t-f
10 Chairman of the Board, or
President, or any Vice President
11 Date: 7''— � � BERNICE E. SEIDEL,
12 Clerk of the Board of Supervisors
County of Fresno, State of California
13
4 By By j
15
Deputy
Print Name:
16
Title:
17 Secretary (of Corporation), or
any Assistant Secretary, or
16 Chief Financial Officer, or
any Assistant Treasurer
19
20 Date:
21
Mailing Address:
22 300 Frank H. Ogawa Plaza, Suite 243
Oakland, CA. 94612
23 Phone #: (866) 579-4442
Contact: Joseph Cortes, Senior Vice President
24
FOR ACCOUNTING USE ONLY:
2 5 ORG No: 5630
26 '3uUL;ids5frui,Lj. i 0000r000 i
;7
28 EB
- 6 - COUNTY OF F RESNO
resno, CA
c0 UA, Exhibit B
County of Fresno
DEPARTMENT OF BEHAVIORAL HEALTH
O� 5O DAWAN UTECHT
DIRECTOR
�'RES
DEPARTMENT OF PUBLIC HEALTH
DAVID POMAVILLE
DIRECTOR
AGREEMENT AND RELEASE OF LIABILITY
In consideration for being permitted to serve student internship on the land, facilities owned/occupied by
County of Fresno ("COUNTY") located at 1925 E. Dakota Avenue, Fresno, CA 93726 and to engage in
student intern administrative duties, and related activities (hereinafter collectively referred to as "Intern
Activities". I,
PRINTED NAME OF STUDENT INTERN("RELEASER")
SIGNATURE STUDENT INTERN("RELEASER") DATE
Hereby agree as follows:
INITIAL EACH OF THE FOLLOWING
1. I hereby RELEASE AND DISCHARGE the COUNTY from any and all liability, claims,
demands or causes of action that may hereafter have for injuries and damages arising out of my
participation in Intern Activities including but not limited to losses CAUSED BY THE NEGLIGENCE
OF THE COUNTY.
2. 1 further agree that I will not sue or make claim against the COUNTY for damages or
other losses sustained as a result of my participation in Intern Activities.
3. 1 also agree to INDEMNIFY AND HOLD THE COUNTY HARMLESS from all claims,
judgements and costs, including attorneys' fees incurred in connection with any action brought as a
result of my participation in Intern Activities.
4. 1 have been advised and recognize that my Intern Activities are not covered by any
personal accident or general liability insurance policy issued to the COUNTY.
5. I hereby expressly recognize that this Agreement and Release of Liability is a contract
pursuant to which I have released any and all claims against the Released Parties resulting from my
participation in Intern Activities including any claims caused by negligence of the COUNTY.
3133 N Millbrook,Fresno,California 93703
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The County of Fresno is an Equal Employment Opportunity Employer