HILLSBOROUGH COMMUNITY COLLEGE INTERNSHIP AGREEMENT

Transcription

1 HILLSBOROUGH COMMUNITY COLLEGE INTERNSHIP AGREEMENT THIS AGREEMENT entered into this ~ ~ #" day of /~f~,tz /.., by and between the DISTRICT BOARD OF TRUSTEES OF HILLSBOROUGH COMMUNITY COLLEGE, Post Office Box 31127, Tampa, Florida, 33631, hereinafter referred to as the "COLLEGE" and HOLLAND AMERICA LINE, ~,.,<~,#v,~,,zr~,~,~,~ 5E,~n=~,w~ ~1o~1 hereinafter referred to as the "AFFILIATE." In consideration of the mutual promises con~a~ned herein, the COLLEGE and the AFFILIATE agree as follows: GENERAL PROVISIONS The primary purpose of this Internship Agreement is to provide direction for both parties regarding their affiliation and working relationship, and to provide a quality educational experience in a work environment at the AFFILIATE for the COLLEGE s students in the Associate Degree field of Culinary Management, Hospitality Management, Restaurant Management, and Dietetic Technician Programs while at the same time enhancing the resources available to the AFFILIATE. To the full extent authorized by law. the COLLEGE,s faculty will assume responsibility, in coordination with the AFFILIATE staff, for the assignments of students. There will be coordinated planning by the AFFILIATE and the COLLEGE faculty members. While in the AFFILIATE S facility, students will be subject to its rules and regulations. The COLLEGE and the AFFILIATE shall comply with the Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act and all laws protecting the rights of the disabled. Both parties shall not discriminate against any faculty member, student, employee or applicant for employment or registration in the course, on the basis of race, color, age, gender, national origin, disability or madtal status. The COLLEGE faculty shall assume responsibility for selecting learning experiences for the students, with assistance and cooperation from the AFFILIATE. The courses of instruction through the work-experience education programs shall include such content and cover such periods of time as may from time to time be mutually agreed upon by the COLLEGE and the AFFILIATE. The starting and ending date for each program shall be agreed upon at least one month before the program commences. Eo The COLLEGE faculty shall evaluate student performance in accordance with the guidelines outlined in the approved curriculum for the program.

2 The number of students designated for participation in the education program will be mutually determined by agreement of the parties, and may at any time be altered by mutual agreement. Either party may request the withdrawal of a student from its facilities whose conduct or work with customers or personnel is not satisfactory or based on a perceived lack of competency on the part of the student; the student s failure to comply with the rules and procedures of the AFFILIATE and/ or the COLLEGE; or any other reasons where either party reasonably believes that it is not in the best interest of the program for the student to continue. Final action relating to students shall be the responsibility of the COLLEGE. No student, faculty member or other COLLEGE employee furnished pursuant to this Agreement shall be considered an agent or employee of the AFFILIATE; nor shall any decision made pertaining to this Agreement by the AFFILIATE be deemed to affect any employment opportunity of any student, faculty member or employee of the COLLEGE. In no way shall this provision operate to impose any liability upon the AFFILIATE, which would not previously exist under applicable laws. This Agreement shall not act to grant the COLLEGE any authority in the operation of the AFFILIATE s facility. All administrative and other related records, reports and other documents pertaining to the operation of the facility shall be and shall remain the sole property of the AFFILIATE. THE COLLEGE SHALL BE RESPONSIBLE FOR THE FOLLOWING: The COLLEGE will use its best efforts to see that the training programs at the AFFILIATE are conducted in such a manner as to enhance customer satisfaction. Only those students who have satisfactorily completed the program orientation will be selected to participate in the Culinary Management, Hospitality Management, Restaurant Management, and Dietetic Technican programs internship experiences. Only those students who have satisfactorily completed the appropriate didactic portion of their curriculum will be selected for participation in the internship/practicum components of the program. The COLLEGE shall plan and execute the educational program and periodically review the program and policies. Co The COLLEGE shall require faculty and students to participate in an orientation prior to starting an internship. The COLLEGE will use its best efforts to select students for participation in the internship program that are prepared for effective participation in the internship phase of their overall education. The COLLEGE s faculty shall retain responsibility for the quality of services provided by the students while with the AFFILIATE. The COLLEGE shall have sole responsibility for its students and faculty. The COLLEGE shall carry and keep in force professional liability insurance in the amounts not less than

3 $1,000,000 per claim, up to an aggregate amount of $3,000,000, which shall provide coverage for the activities of the students and members of the faculty while at the AFFILIATE. The COLLEGE shall provide proof of insurance by submission of a certification of insurance to the AFFILIATE. The COLLEGE is a public entity entitled to the privilege of sovereign immunity except to the extent it has been waived by Section , Florida Statutes. To the full extent authorized by law, the COLLEGE shall defend, hold harmless and indemnify the AFFILIATE, its officers, employees and agents, from and against any and all suits, demands, claims, damages, losses, costs, attorney s fees or expenses of any kind for which the AFFILIATE may incur by reason of the negligent activities of the COLLEGE, its students and personnel at their facilities. This indemnification shall not apply to loss, injury, death or damages adsing by reason of AFFILIATE s negligence, either in whole or in part, and/or its officers, employees and agents. Nothing in this indemnity clause shall be construed to require the COLLEGE to indemnify or insure the AFFILIATE for the AFFILIATE s negligence or to assume any liability for the AFFILIATE or the negligence of their employees, officers or agents. The COLLEGE shall provide workers compensation insurance for any employee(s) furnished by the COLLEGE pursuant to this Agreement. The parties agree that the payment of any federal, state or local income or occupational taxes, FICA taxes, unemployment compensation or workers compensation contributions, as well as vacation pay, sick leave, retirement benefits or any other payments for or on behalf of the COLLEGE or its employees, agents, contractors or students will be the responsibility of the COLLEGE. To the extent authorized by law, the COLLEGE shall indemnify and hold AFFILIATE harmless for any and all loss or liability arising from such payments, withholdings and benefits. If the AFFILIATE compensated students for work performed at the site, the AFFILIATE shall be responsible for the payment of any federal, state or local income or occupational taxes, FICA taxes, unemployment compensation or worker compensation contributions, as well as vacation pay, sick leave, retirement benefits or any other payments. No The COLLEGE shall not publicize or otherwise disclose the nature or terms of this Agreement in any manner except as approved in writing by the AFFILIATE. The COLLEGE will encourage students and faculty compliance with the AFFILIATE s rules, regulation and procedures, and use its best efforts to keep students informed as to any changes. The COLLEGE will keep each participating student appdsed of his or her responsibility: (1) (2) (3) (4) to follow the policies, procedures and standards of practice of the FACILITY; to provide the necessary and appropriate uniforms and required supplies not provided by the AFFILIATE [where applicable]; to report to the AFFILIATE on time and to follow all established regulations during regularly scheduled operating hours of the AFFILIATE; and to conform to the standards and practices established by the COLLEGE while

4 training at the AFFILIATE. 3. THE AFFILIATE SHALL BE RESPONSIBLE FOR THE FOLLOWING: The AFFILIATE shall retain full responsibility for the operation of their site and shall maintain administrative and professional supervision of students, insofar as their presence affects the operation of the AFFILIATE and their customers. The AFFILIATE shall provide adequate facilities for participating students in accordance with the practicum objectives developed through cooperative planning by the COLLEGE s faculty and the AFFILIATE s staff. The AFFILIATE shall provide the COLLEGE s students with an orientation, which shall include the AFFILIATE s facilities, philosophies, policies and procedures. The AFFILIATE and the COLLEGE shall mutually agree to a mechanism to allow the COLLEGE s faculty members to effectively and freely voice their views and concerns to the AFFILIATE which may include inviting COLLEGE faculty members to AFFILIATE meetings where policies to be discussed affect or are related to the COLLEGE s program at the AFFILIATE. Upon request, FACILITY staff shall assist COLLEGE faculty in the evaluation of the learning and performance of participating students. 4. MUTUAL RESPONSIBILITIES The parties will work together to maintain an environment of quality internship learning experiences and quality customer care. At the insistence of either party, a meeting or conference will be promptly held between the COLLEGE and the AFFILIATE representatives to resolve any problems or to develop improvements in the operation of the training program. 5. THIRD PARTY OBLIGATION This Agreement is made solely for the benefit for the parties thereto, and is not intended to create third party beneficiaries. APPLICABLE LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 7. PARTIES BOUND This Agreement shall apply to and bind the parties hereto, together with their respective heirs, successors and assigns.

5 TOTAL AGREEMENT This Agreement shall supersede all other proposals and negotiations and shall constitute the entire Agreement between the COLLEGE and the AFFILIATE. MODIFICATIONS Any modifications, additions, or deletions from this Agreement must be in writing and signed by both parties. 10. TERM OF THIS AGREEMENT This Agreement shall be continuous from the date shown on page one of this Agreement. Either party may terminate this Agreement at any time upon ninety (90) days written notice to the other party, provided the termination shall not become effective until after the current session of the programs have been completed. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day herein above first written. DISTRICT BOARD OF TRUSTEES HILLSBOROUGH COMMUNITY COLLEGE Thomas Huggins III Chairman HOLLAND AMERICA LINE Name: ATTEST: Gwendolyn W. Stephenson, Ph.D. President Date: ATTEST: Name: Date: Approved as to Form and Legality: College Attorney