This contract can be found in pdf form here.

Contractual Agreement: Executive Director, Nyaya Health International 

Purpose:
This document will serve to define the terms of contractual understanding between Nyaya Health International (NHI; an INGO) and the Executive Director (ED) of NHI.
 

Background:
NHI and Nyaya Health Nepal (NHN; an NGO) collaborate in their work to improve health services in rural Nepal. Specifically, NHN acts as an implementer organization within Nepal, running clinical and public health services.  The United States-based NHI functions as a technical advisor and financier for NHN’s programmatic work. Bayalpata Hospital, in the Achham district of Nepal, is run by a public-private partnership between NHN and the Nepali Ministry of Health and Population (MOHP). In order to best represent the interests of NHI at Bayalpata Hospital, the organization maintains an  Executive Director who works full-time at Bayalpata Hospital in Nepal. Among other responsibilities, this person acts as a liaison between NHI, NHN, and the staff of Bayalpata Hospital, and will provide technical assistance and oversight to the daily operations of Bayalpata Hospital.
 

Selection of Executive Director:
NHI will open applications for the position of the Executive Director and will complete all preliminary interviews. After initial interviews, NHI will select a final candidate(s) to present to the NHN Board of Directors for review. Upon NHN’s approval of NHI’s Executive Director candidate, NHI will finalize contractual negotiations with that person. Once confirmed, s/he will act in the capacity of ED for the duration of the negotiated contract and will be accountable to the NHI Board of Directors.
 

Duration of contractual agreement:
All candidates for the position of Executive Director will be expected to commit to this position for at least one (1) year, but preference will be given to candidates willing to commit to longer periods of time. The exact period of the contractual agreement will be negotiated between the candidate and NHI at the time of the agreement. NHI reserves the right to select/reject candidates based on their willingness or unwillingness to commit to a particular duration of contractual agreement or to commit to a particular start/end date for the contractual agreement. The period of the contractual agreement may be extended at any time throughout the contract’s duration, but must be agreed to by all of NHI, NHN, and the ED in writing at least 30 days prior to the end of the current period of agreement. The agreement may be renewed once its duration has been completed, as per the discretion of NHI and NHN and based upon the performance of the ED. Terms of the contract may be renegotiated when renewing the contract.

Overview of Duties
As the ED, s/he will be based at the Bayalpata Hospital in Achham and is expected to work full-time.  S/he is expected to:

• Oversee all operations of NHI in Nepal;
• Provide technical assistance on hospital management;
• Provide technical assistance on financial management;
• Provide technical assistance on data management;
• In conjunction with the Director of Operations (DOO) and the Board of Directors of NHI, ensure that proper lines of communication are maintained with NHI personnel and that all NHI activities are properly maintained as per their requirements within Nepal;
• In conjunction with the President of the Board of Directors of NHN and the Board of Directors of NHN, ensure that proper lines of communication are maintained with NHN personnel;
• Sit as a member of the Board of Directors of NHI;
• Other responsibilities as negotiated between NHI and the ED at the time of agreement.

Expectations:
As expected of all personnel at Bayalpata Hospital, the ED is expected to: 

• Comport him/herself courteously and professionally in all interactions with community members in Achham, during work hours or any other time;
• Treat all staff members with respect and dignity;
• Engage in no personal income-generating activities unless approved by the NHI and NHN Boards of Directors;
• Refrain completely in imbibing alcohol, tobacco, or any mind-altering substances whenever she is in Achham, during work hours or any other time;
• Abide by both the local and national laws at all times, whether during work hours or non-working hours;
• Listen carefully to feedback and suggestions from all staff and community members;
• Other expectations as negotiated between NHN, NHI, and the ED at the time of agreement.

NHI, as an organization, and under the overall direction of its Boards of Directors, is expected to:

• Monitor and evaluate the ED’s work in all capacities;
• Provide ongoing feedback as to the quality of the ED’s work and interactions with staff, patients, and community members, and identify areas for improvement;
• Attend to the professional and personal needs of the ED at all times, ensuring prompt responses and respectful dialogue in all situations.

Remuneration:
The ED position will be remunerated as negotiated between NHI and the ED candidate at the time of contractual agreement. In some cases, the ED may be a volunteer who receives no salary, stipend, lodging/fooding, or other forms of remuneration; whereas in other cases, NHI may decide to provide the ED with a salary, stipend, lodging/fooding, or other form of remuneration. This decision will be contingent upon available fiscal resources to NHI and the credentials of the ED candidate at the time of contractual agreement. Each new contractual agreement may have different remuneration details negotiated, and previous agreements will not be determinant of future negotiations. In all cases, the ED will be prohibited from participating in any non-NHI income-generating activities without the explicit prior approval of both the NHI and NHN Boards of Directors.

Violation of contractual agreement:

NHI reserves the right to remove the ED from his/her position if, at any point during the period of contractual agreement, the ED violates any of the terms of the contract.

Amendments to this Contractual Agreement:
Amendments may be made to this Contractual Agreement, but must be agreed to by all of NHN, NHI, and the ED. All amendments must be documented in writing and signed by all three parties.

Contractual Agreement for the period of 15 May, 2010 – 31 August, 2011

This agreement, as per the aforementioned terms, is between Mr. Dan Schwarz and Nyaya Health International (NHI), and stipulates that Mr. Schwarz will act in the role of Executive Director (ED) for the period of 15 May, 2010 to 31 August, 2011.

Regarding remuneration:
Mr. Schwarz and the Board of Directors of NHI agree that Mr. Schwarz will act strictly in a volunteer capacity, with no stipend or salary provided. He will work full-time based at Bayalpata Hospital, for the duration of the contract, but may take personal leaves of absence when pre-approved by the NHI Board of Directors. All leaves must be approved at least thirty (30) days in advance. Mr. Schwarz will be provided lodging and fooding during his tenure at Bayalpata Hospital, but all other costs (travel costs, personal expenses, etc.) will be covered by Mr. Schwarz.

All below signed parties, or representatives thereof, agree to the terms as stated above.

Ryan Schwarz                                                                Dan Schwarz
Director of Operations                                                  Executive Director
Nyaya Health International                                             Nyaya Health International