Heart To Heart Care Associates
5 Robinhood Road, Tyngsboro. MA 01879
Phone: (978) 476 9641
HEART TO HEART CARE ASSOCIATES with its principal office located at 5 Robinhood Road, Tyngsboro. MA 01879 and __________________________(hereinafter “THE COMPANY”) with its principal office located at _____________________________________.
HEART TO HEART CARE ASSOCIATES’s Duties and Responsibilities
1. HEART TO HEART CARE ASSOCIATES will
a. Recruit, screen, interview, Cori check and assign its employees (“Assigned Employees”) to perform the type of work described on Exhibit A under THE COMPANY’s supervision at the locations specified on Exhibit A;
b. Pay Assigned Employees’ wages and provide them with the benefits that HEART TO HEART CARE ASSOCIATES offers to them;
c. Require Assigned Employees to sign agreements (in the form of Exhibit B) acknowledging that they are not entitled to holidays, vacations, disability benefits, insurance, pensions or retirement plans, or any other benefits offered or provided by THE COMPANY; and
d. Require Assigned Employees to sign confidentiality agreements (in the form of Exhibit C) before they begin their assignments to THE COMPANY.
THE COMPANY’s Duties and Responsibilities
2. THE COMPANY will
a. Properly supervise Assigned Employees performing its work and be responsible for its business operations, products, services and intellectual property;
b. Properly supervise, control, and safeguard its premises, processes, or systems, and not permit Assigned Employees to operate any vehicle or mobile equipment, or entrust them with unattended premises, cash, checks, keys, credit cards merchandise, confidential or trade secret information, negotiable instruments, or other valuables without HEART TO HEART CARE ASSOCIATES’s express prior written approval or as strictly required by the job description provided to HEART TO HEART CARE ASSOCIATES;
c. Provide Assigned Employees with a safe work site and provide appropriate information, training, and safety equipment with respect to any hazardous substances or conditions to which they may be exposed at the work site;
d. Not change Assigned Employees’ jobs duties without HEART TO HEART CARE ASSOCIATES’s express prior written approval; and
e. Exclude Assigned Employees from THE COMPANY’s benefit plans, policies, and practices, and not make any offer or promise relating to Assigned Employees’ compensation or benefits
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Heart To Heart Care Associates
5 Robinhood Road, Tyngsboro. MA 01879
Phone: (978) 476 9641
Payment Terms, Bill Rates and Fees
3. THE COMPANY will pay HEART TO HEART CARE ASSOCIATES for its performance at the rates set forth on Exhibit A and will also pay any additional costs or fees set forth in this Agreement. HEART TO HEART CARE ASSOCIATES will invoice THE COMPANY for services provided under this Agreement on a seven day basis. Payment is due on receipt of invoice. Invoices will be supported by the pertinent time sheets or other agreed system for documenting time worked by the Assigned Employees. THE COMPANY’s signature or other agreed method of approval of the work time submitted for Assigned Employees certifies that the documented hours are correct and authorizes HEART TO HEART CARE ASSOCIATES to bill THE COMPANY for those hours. If a portion of any invoice is disputed, THE COMPANY will pay the undisputed portion.
4. Assigned Employees are presumed to be non exempt from laws requiring premium pay for overtime, holiday work, or weekend work. HEART TO HEART CARE ASSOCIATES will charge THE COMPANY special rates for premium work time only when an Assigned Employee’s work on assignment to THE COMPANY, viewed by itself, would legally require premium pay and THE COMPANY has authorized, directed, or allowed the Assigned Employee to work such premium work time. THE COMPANY’s special billing rate for premium hours will be the same multiple of the regular billing rate as HEART TO HEART CARE ASSOCIATES is required to apply to the Assigned Employee’s regular pay rate. (For example, when federal law requires 150% of pay for work exceeding 40 hours in a week, THE COMPANY will be billed at 150% of the regular bill rate.)
5. If THE COMPANY uses the services of any Assigned Employee as its direct employee, as an independent contractor, or through any person or firm other than HEART TO HEART CARE ASSOCIATES during of within 120 days after any assignment of the Assigned Employee to THE COMPANY from HEART TO HEART CARE ASSOCIATES, see Exhibit A for buy out of independent contractor from HEART TO HEART CARE ASSOCIATES.
Confidential Information
6. Both parties may receive information that is proprietary to or confidential to the other party or its affiliated companies and their clients. Both parties agree to hold such information in strict confidence and not to disclose such information to third parties or to use such information for any purpose whatsoever other than performing under this Agreement or as required by law. No knowledge, possession, or use of THE COMPANY’s confidential information will be imputed to HEART TO HEART CARE ASSOCIATES as a result of Assigned Employees’ access to such information.
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Heart To Heart Care Associates 5 Robinhood Road, Tyngsboro. MA 01879
Phone: (978) 476 9641
Cooperation
7. The parties agree to the cooperate fully and to provide assistance to the other party in the investigation and resolution of any complaints, claims, actions, or proceedings that may be brought by or that may involve Assigned Employees.
Indemnification and Limitation of Liability
8. To the extent permitted by law, HEART TO HEART CARE ASSOCIATES will defend, indemnify, and hold THE COMPANY and its parent, subsidiaries, directors, officers, agents, representatives, and employees harmless from all claims, losses, and liabilities (including reasonable attorneys’ fees) to the extent caused by HEART TO HEART CARE ASSOCIATES’s breach of this Agreement; its failure to discharge its duties and responsibilities set forth in paragraph 1; or negligence, gross negligence, or willful misconduct of HEART TO HEART CARE ASSOCIATES or HEART TO HEART CARE ASSOCIATES’s officers, employees, or authorized agents in the discharge of those duties and responsibilities. Notwithstanding anything herein,. HEART TO HEART CARE ASSOCIATES shall further indemnify and hold harmless the THE COMPANY, its owners, members, agents and employees from and against any and all claims, including attorneys’ fees, incurred, or otherwise against the THE COMPANY for wages, vacation pay, sick pay, retirement benefits, workers compensation benefits, benefits under the Families First Coronavirus Response Act or the Emergency Family Medical Leave Act, or any other employee benefits of any kind, along with any claims for damages related to the becoming infected with or succumbing to COVID-19, which are brought forth by HEART TO HEART CARE ASSOCIATES’s employees, or agents of HEART TO HEART CARE ASSOCIATES.
9. To the extent permitted by law, THE COMPANY will defend, indemnify, and hold HEART TO HEART CARE ASSOCIATES and its parent, subsidiaries, directors, officers, agents, representatives, and employees harmless from all claims, losses, and liabilities (including reasonable attorneys’ fees) to the extent caused by THE COMPANY’s officers, employees, or authorized agents in the discharge of duties and responsibilities.
10. Neither party shall be liable for or be required to indemnify the other party for any incidental, consequential, exemplary, special, punitive or lost profit damages that arise in connection with this
Agreement, regardless of the form of action (whether in contract, tort, negligence, strict liability, or otherwise) and regardless of how characterized, even if such party has been advised of the possibility of such damages.
11. As a condition precedent to indemnification, the party seeking indemnification will inform the other party within 2 business days after it receives notice of any claim, loss, liability, or demand for which it seeks indemnification from the other party; and the party seeking indemnification will cooperate in the investigation and defense of any such matter.
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Heart To Heart Care Associates 5 Robinhood Road, Tyngsboro. MA 01879
Phone: (978) 476 9641
12. The provisions in paragraphs 9 through 13 of this Agreement constitute the complete agreement between the parties with respect to indemnification, and each party waives its right to assert any common-law indemnification or contribution claim against the other party.
Miscellaneous
13. Provisions of this Agreement, which by their terms extend beyond the termination or nonrenewal of this Agreement, will remain effective after termination or nonrenewal.
14. No provision of this Agreement may be amended or waived unless agreed to, in writing, signed by the parties involved.
15. Each provision of this Agreement will be considered severable, such that if any one provision or clause conflicts with existing or future applicable law or may not be given full effect because of such law, no other provision that can operate without the conflicting provision or clause will be affected.
16. This Agreement and the exhibits attached to it contain the entire understanding between the parties and supersede all prior agreements and understandings relating to the subject matter of the Agreement. 17. The provisions of this Agreement will inure to the benefit of and be binding on the parties and their respective representatives, successors and assigns.
18. The failure of a party to enforce the provisions of this Agreement will not be a waiver of any provision or the right of such party thereafter to enforce each and every provision of this Agreement.
19. THE COMPANY will not transfer or assign this Agreement without HEART TO HEART CARE ASSOCIATES written consent.
20. Any notice or other communication will be deemed to be properly given only when sent via the United States Postal Service or a nationally recognized courier, addressed as shown on the first page of this Agreement. 21. Neither party will be responsible for failure or delay in performance of this Agreement if the failure or delay is due to labor disputes, strikes, fire, riot, war, terrorism, acts of God, or any other causes beyond the control of the non performing party.
22. Non-Solicitation. HEART TO HEART CARE ASSOCIATES, its agents, and employees, shall not employ or solicit for employment THE COMPANY’s employees directly or indirectly for a period of one hundred eighty (180) days from termination of this agreement. This term shall survive the termination of this agreement.
23. Rates. Any rates stated within or attached to the agreement shall not change without the signed mutual consent of both parties hereto in the form of a written amendment. Further, in no instance shall rates exceed those set out by Massachusetts or Federal law, including, but not limited to, emergency orders.
24. Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. The term, “Prevailing Party” shall include, without limitation, a Party who substantially obtains or defeats the relief sought, as the case may be, whether by
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Heart To Heart Care Associates 5 Robinhood Road, Tyngsboro. MA 01879
Phone: (978) 476 9641
compromise, settlement, judgment, or the abandonment by the other Party of its claim or defense. The attorneys’ fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys’ fees reasonably incurred. This term shall survive the termination of this agreement.
25. Exclusion. HEART TO HEART CARE ASSOCIATES represents and warrants to THE COMPANY that (1) neither it, nor any of its employees or owners appear on any state or federal reimbursement exclusion list at the time of signing this agreement; (2) it regularly checks said list for compliance; and (3) it will immediately notify THE COMPANY in the event that it, an employee, or an owner appear on said list. If, during the term of this Agreement, HEART TO HEART CARE ASSOCIATES (its owner, agent or employee) is barred, suspended or excluded from any such program, or is being investigated for anything that could lead to such exclusion, HEART TO HEART CARE ASSOCIATES shall immediately notify THE COMPANY in writing of such action and THE COMPANY shall have the right to immediately terminate this Agreement.
26. Equal Employment Opportunity. HEART TO HEART CARE ASSOCIATES warrants and represents that it is an Equal Employment Opportunity employer that provides equal employment opportunities, including all terms and conditions of employment, to all employees and applicants without regard to race, color, religion, national origin, sex, age, disability or covered veteran status in accordance with applicable federal, state and local law.
27. HIPAA, HITECH and MA Privacy Law. Each party agrees that it will comply in all material respects with all state and federal laws applicable to privacy, security and electronic transactions including without limitation, regulations promulgated under the Health Insurance Portability and Accountability Act of 1996, the HITECH Act and Massachusetts Privacy Law. To this end, the parties shall enter into and maintain a Massachusetts and Federally compliant Business Associate Agreement for the term of this contract.
28. Anti-Kickback. The parties confirm that it is not their intention to violate public policy or any laws and that if any part of this Agreement is in violation thereof, the parties shall amend the Agreement to remedy the violation, but also to provide each party so far as possible, with the benefits conferred upon it by any part of this Agreement which may have been in violation. In compliance with 42 USC §1320a-7b(B), neither party has offered nor given to the other or its agents any remuneration or thing of value to encourage referral of the services contemplated hereunder.
29. Independent Contractors. The relationship between the parties shall only be that of independent contractors. Nothing in this Agreement, directly or indirectly, shall be deemed or construed as creating an employee/employer, HEART TO HEART CARE ASSOCIATES, partnership, or joint venture relationship between the parties hereto. Neither party shall have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever.
Term of Agreement
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Heart To Heart Care Associates 5 Robinhood Road, Tyngsboro. MA 01879
Phone: (978) 476 9641
2230.This Agreement will be for a term of 1 year from the first date on which both parties have executed it. The Agreement may be terminated by either party upon 7 days written notice to the other party, except that, if a party becomes bankrupt of insolvent, discontinued operations, or fails to make any payments as required by the Agreement, either party may terminate the agreement upon 72 hours written notice.
Authorized representatives of the parties have executed this Agreement below to express parties’ agreement to its terms.
X
Signature for Heart to Heart Care Associates
Printed Name
X
Title (Chief Operating Officer)
X
Date
X
Signature for THE COMPANY
Printed Name
X
Title
X
Date
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Heart To Heart Care Associates
5 Robinhood Road, Tyngsboro. MA 01879
Phone: (978) 476 9641
1) Prices, Nursing Facilities.
a) Registered Nurse (RN) – Nursing Facility.
| Shift | HSA 1 Western | HSA 2 Central | HSA 3 Merrimack Valley | HSA 4 Greater Boston | HSA 5 Southeastern | HSA 6 North Shore |
| Morning | $59.08 | $57.05 | $57.76 | $59.97 | $58.61 | $57.84 |
| Afternoon | $60.71 | $58.69 | $59.39 | $61.60 | $60.24 | $59.47 |
| Overnight | $61.25 | $59.23 | $59.93 | $62.15 | $60.78 | $60.01 |
| Morning | $60.71 | $58.69 | $59.39 | $61.60 | $60.24 | $59.47 |
| Afternoon | $62.07 | $60.04 | $60.75 | $62.96 | $61.60 | $60.83 |
| Overnight | $62.34 | $60.32 | $61.02 | $63.24 | $61.87 | $61.10 |
b) Licensed Practical Nurse (LPN) – Nursing Facility.
| Shift | HSA 1 Western | HSA 2 Central | HSA 3 Merrimack Valley | HSA 4 Greater Boston | HSA 5 Southeastern | HSA 6 NorthShore |
| Morning | $49.88 | $48.55 | $49.00 | $52.98 | $51.51 | $51.61 |
| Afternoon | $51.51 | $50.18 | $50.63 | $54.61 | $53.14 | $53.24 |
| Overnight | $52.06 | $50.73 | $51.17 | $55.16 | $53.68 | $53.78 |
| Morning | $51.51 | $50.18 | $50.63 | $54.61 | $53.14 | $53.24 |
| Afternoon | $52.87 | $51.54 | $51.99 | $55.97 | $54.49 | $54.60 |
| Overnight | $53.14 | $51.81 | $52.26 | $56.24 | $54.77 | $54.87 |
c) Certified Nurse Aide (CNA) – Nursing Facility.
| Shift | HSA 1 Western | HSA 2 Central | HSA 3 Merrimack Valley | HSA 4 Greater Boston | HSA 5 Southeastern | HSA 6 North Shore |
| Morning | $26.38 | $27.20 | $27.52 | $27.42 | $26.84 | $28.22 |
| Afternoon | $27.47 | $28.29 | $28.61 | $28.51 | $27.93 | $29.30 |
| Overnight | $27.47 | $28.29 | $28.61 | $28.51 | $27.93 | $29.30 |
| Morning | $27.47 | $28.29 | $28.61 | $28.51 | $27.93 | $29.30 |
| Afternoon | $28.29 | $29.10 | $29.43 | $29.33 | $28.74 | $30.12 |
| Overnight | $28.56 | $29.37 | $29.70 | $29.60 | $29.02 | $30.39 |
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2) Prices, Hospitals.
a) Registered Nurse (RN) – Hospital.
Heart To Heart Care Associates 5 Robinhood Road, Tyngsboro. MA 01879
Phone: (978) 476 9641
| Shift | HSA 1 Western | HSA 2 Central | HSA 3 Merrimack Valley | HSA 4 Greater Boston | HSA 5 Southeastern | HSA 6 North Shore |
| Morning | $81.35 | $88.80 | $84.63 | $88.76 | $83.47 | $84.57 |
| Afternoon | $85.99 | $93.44 | $89.27 | $93.40 | $88.11 | $89.21 |
| Overnight | $89.02 | $96.47 | $92.31 | $96.44 | $91.15 | $92.25 |
| Morning | $86.02 | $93.47 | $89.30 | $93.43 | $88.14 | $89.24 |
| Afternoon | $88.86 | $96.31 | $92.14 | $96.27 | $90.98 | $92.08 |
| Overnight | $90.89 | $98.34 | $94.18 | $98.30 | $93.02 | $94.11 |
b) Registered Nurse Specialist (RN-Specialist) – Hospital.
| Shift | HSA 1 Western | HSA 2 Central | HSA 3 Merrimack Valley | HSA 4 Greater Boston | HSA 5 Southeastern | HSA 6 North Shore |
| Morning | $88.83 | $95.55 | $94.06 | $98.37 | $92.09 | $97.83 |
| Afternoon | $95.29 | $102.01 | $100.52 | $104.83 | $98.55 | $104.29 |
| Overnight | $98.04 | $104.76 | $103.27 | $107.57 | $101.30 | $107.04 |
| Morning | $95.66 | $102.39 | $100.90 | $105.20 | $98.92 | $104.67 |
| Afternoon | $98.14 | $104.86 | $103.37 | $107.67 | $101.40 | $107.14 |
| Overnight | $100.15 | $106.87 | $105.38 | $109.68 | $103.40 | $109.15 |
c) Licensed Practical Nurse (LPN) – Hospital.
| Shift | HSA 1 Western | HSA 2 Central | HSA 3 Merrimack Valley | HSA 4 Greater Boston | HSA 5 Southeastern | HSA 6 North Shore |
| Morning | $52.96 | $54.12 | $54.60 | $54.90 | $55.40 | $53.13 |
| Afternoon | $56.91 | $58.06 | $58.54 | $58.84 | $59.34 | $57.07 |
| Overnight | $59.13 | $60.29 | $60.77 | $61.07 | $61.57 | $59.30 |
| Morning | $56.92 | $58.07 | $58.56 | $58.86 | $59.35 | $57.08 |
| Afternoon | $58.90 | $60.05 | $60.53 | $60.84 | $61.33 | $59.06 |
| Overnight | $60.32 | $61.47 | $61.95 | $62.26 | $62.75 | $60.48 |
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Heart To Heart Care Associates 5 Robinhood Road, Tyngsboro. MA 01879
Phone: (978) 476 9641
d) Certified Nurse Aide (CNA) – Hospital.
| Shift | HSA 1 Western | HSA 2 Central | HSA 3 Merrimack Valley | HSA 4 Greater Boston | HSA 5 Southeastern | HSA 6 North Shore |
| Morning | $29.91 | $29.93 | $30.80 | $31.27 | $30.32 | $31.09 |
| Afternoon | $33.35 | $33.38 | $34.24 | $34.71 | $33.76 | $34.53 |
| Overnight | $35.48 | $35.51 | $36.37 | $36.84 | $35.90 | $36.66 |
| Morning | $33.47 | $33.50 | $34.37 | $34.83 | $33.89 | $34.65 |
| Afternoon | $35.44 | $35.47 | $36.33 | $36.80 | $35.85 | $36.62 |
| Overnight | $37.23 | $37.26 | $38.13 | $38.59 | $37.65 | $38.42 |
Registered Nurse Buyout – $15,000.00
Licensed Practical Nurse Buyout – $10,000.00
Certified Nurse Aide Buyout – $5,000.00
Holidays list below will be paid at a double time:
New Years Day
Presidents Day
Patriots Day
Memorial Day
4th of July Labor Day
Columbus Day
Thanksgiving Day
Christmas Day starting @3-11pm on 24th of the month
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Heart To Heart Care Associates 5 Robinhood Road, Tyngsboro. MA 01879
Phone: (978) 476 9641
Cancellation of a shift must be made 6 hours prior to a shift or the facility will be charged 4 hours of time at assigned rated.
If Nurse Aide shows for a confirmed assignment and is cancelled and sent home, the facility will be charged 4 hours of time at the assigned rate.
If Nurse/ Aide is called in to complete a shift at the last minute then the whole shift will be charged to the facility.
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