STAFFING AGREEMENT

February 5, 2023

STAFFING AGREEMENT

 

This STAFFING AGREEMENT (hereinafter “this agreement”), is made and entered into this ____of ______, 2021 (“effective date”), by and between Ardour Staffing (Recruitment agency) and [ENTER NAME] (hereinafter, “Client”).

 

WHEREAS Ardour Staffing and Client will provide temporary medical contractors to the facility at an agreed upon rate, and;

 

WHEREAS the parties desire to enter this agreement this date setting forth the rights, duties and obligations and expectations of the parties in reference to the contractors;

 

Now, therefore, for and in consideration of the promises, the parties here to do hereby covenant and agree as follow:

  • ARDOUR STAFFING RESPONSIBILITIES:

 

  1.  Upon request by facility, Ardour Staffing shall assign such contractors as are available for such assignment.  At no time does Ardour Staffing guarantee that all requests will be filled.

 

  1.  Ardour Staffing shall maintain a work file on each of its Contractors, containing the following: (Ardour Staffing will provide copies of the following to facility)

 

  1. Copy of current license, registration, or certification.
  2. Completed application, which includes education, training, skills, specialties, and preferences.
  3. Documentation of education and training. 
  4. Resume/skills inventory checklist.
  5. Recent work references
  6. TB test and evidence of satisfactory health status.
  7. Current CPR
  8. Criminal background checks.

 

  1.  Ardour Staffing will use its best efforts to match the skills and experience levels of its contractors to the specific needs of Facility. 

 

  1.  Contractors will be requested to report to the designated supervisor before he/she begins to work.

 

  1.  Ardour staffing shall give facility two hours notice regarding contractors, which Ardour Staffing can/or cannot provide. 

 

  1.  Ardour Staffing will not actively solicit facility employees as contractors.

 

  1.  Contractors assigned to facility pursuant to this agreement shall, for the purpose of this agreement, be considered contractors of Ardour Staffing. Ardour staffing shall assume sole and exclusive responsibility for the payment of wages to such contractors for services performed by them. 

 

  1.  Ardour Staffing is in compliance with all state and federal laws applicable to the contracting of the contractors assigned facility. 

 

  1.  Ardour Staffing will comply with facility standards for the use of supplemental medical services. 

 

  1. Ardour staffing agrees not to discriminate in the assignment of its contractors on the basis of race, creed, color, national origin, sex, age disability, citizenship, status, or veteran status. 

  • CLIENT’S RESPONSIBILITIES

 

  1.  Client understands all Contactors provided by Ardour staffing for the term of this agreement are contracted through Ardour Staffing. 

 

  1.  Client will take no steps to recruits as its own employees those contractors provided by Ardour staffing during the term of this agreement.  Client understands that its contactors are assigned to the Facility to render temporary service and are not to be employed by the Client.  

 

  1.  Client shall provide sufficient information about its specific needs to Ardour Staffing so that Ardour Staffing can match the skills and experience of its contractors to those needs. 

 

  1.  Client shall utilize assigned contractors only for the specific need requested, unless Client, Ardour Staffing and contractor agree a change in duties to. 

 

  1.  Client agrees that Ardour Staffing duty to fill assignments is subject to availability of qualified contractors. 

 

  1.  Client will orient contractors to the Client’s rules and regulations including the physical layout and equipment on any unit to which such contractors are assigned.

 

  1.  Client’s staffing supervisors will assist Ardour Staffing, on a continuing basis, with evaluation of Ardour staffing’s contractors by providing performance information.

 

  1.  Client shall allow Ardour Staffing contractors (on their own time) to attend appropriate facility staff development programs. 

 

  1.  Client will immediately notify Ardour Staffing of any problems regarding Ardour Staffing contractors. 

 

  1. Client will make available to Ardour Staffing copies of all documentation concerning problems or incidents in which Ardour Staffing contractors are involved.

 

  1. If, in sole discretion of Client, any person assigned by Ardour staffing is incompetent, negligent, or has engaged in misconduct, Client may require such person to leave its premises and shall inform Ardour Staffing of this action immediately.  Client’s obligation to compensate Ardour Staffing for said services shall be limited to the hours actually worked by such person and Client shall have no further obligation with respect to such assignment. 

 

  1. If Client changes or cancels an order less than (2) hours before reporting time, Client shall be billed for four (2) hours at the hourly rate for the personnel involved.

 

  1. Client agrees not to discriminate in the assignment of Ardour Staffing on the basis of race, creed, color, national origin, sex, age, disability, and citizenship status or veteran status.

  • BILLING PROCEDURES

 

  1.  Ardour staffing will invoice Client weekly for its services.  The rates for its services are shown on Exhibit “A.”  The rates for services established in Exhibit “A” can be amended prospectively by Ardour staffing at any time upon thirty-(30) days written notice to facility.  

 

  1.  Client shall pay Ardour Staffing invoices within thirty (30) business days from date of invoice.  Invoices not paid within thirty (30) days are considered past due and will be charged a finance charge of one and half (1.5%) percent per month on the unpaid balance (annual percentage of 18%) or the maximum interest rate allowed by law, whichever is lower.   Client agrees to pay the finance charge together with reasonable attorney’s fees for the cost of collection.

 

  1.  Client’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 Ardour Staffing to bill Client for those hours. If a portion of any invoice is disputed, Client will pay the undisputed portion upon receipt of the invoice, subject to the terms in this Section.

 

  1.  Assigned Employees are presumed to be non-exempt from laws requiring premium pay for overtime (OT) or weekend work. Ardour Staffing will charge Client special rates for premium work time only when an Assigned Employee’s work on assignment to Client, viewed by itself, would legally require premium pay and Client has authorized, directed, or allowed the Assigned Employee to work such premium work time. Client’s special billing rate for premium hours will be the same multiple of the regular billing rate as Ardour Staffing 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, Client will be billed at 150% of the regular bill rate for those hours. The provisions for Holiday Payment are as stated in Exhibit “A”.   

  • INSURANCE

Ardour staffing maintains, during the term of this agreement and any subsequent renewals, general liability and professional liability insurance coverage for all of its acts and omissions in the provision of the designated services with limits of not less than $1,000,000 per occurrence and $6,000.000 aggregate.  Ardour staffing will provide, upon request, certificates of insurance or other evidence of coverage, and will notify facility of any cancellation or modification of its liability insurance. 

  • CONFIDENTIALITY

Both parties may receive information that is proprietary 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 Client’s confidential information will be imputed to Ardour Staffing as a result of Assigned Employees’ access to such information.

  • COOPERATION

The parties agree to 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.

  • INDEMINIFICATION

Each party agrees to indemnify and hold the other, including directors, officers, agents and workers, harmless from all claims, suits, judgments and demands arising from the indemnifying party’s negligent and/or intentional acts and omissions in the performance of the duties prescribed by this agreement.  Each party shall give the other immediate written notice of any claim, suit or demand, which may be subject to this provision.  This provision shall survive the termination of this agreement. 

  • NOTICES

 

  1.  All notices shall be in writing and shall be addressed to the parties as set forth below.  Notices shall be effective upon receipt when delivered personally or upon mailing when properly addressed with postage prepaid. 

 

Ardour Staffing                                [ENTER CLIENT’S CONTACT]

705 E 15th Street A    

Del Rio, TX 78840                             

Tel: 404-226-0061              

 

  1.  The parties hereto agree to make available to duly authorized representative of the department of health and human services; all contracts, books, documents and records of the parties providing services hereunder necessary to verify the cost of the services provided under this agreement.  Similar access will also be granted to the contracts, books, records and documents subject to Section 1861 of the Social Security Act between the parties providing the services hereunder and any obligation related to such parties. 

 

  1. SOCIAL SECURITY ACT

Ardour Staffing warrants that, to the best of Ardour Staffing knowledge, no person who has ownership, control interest in, or is an agent or managing employee of Ardour staffing, has been convicted of a criminal offense relating to the persons involvement in any programs under Title XVII, XIX, or X of the Social Security Act since the inception of these programs.

 

  1.  TERM

This agreement shall begin on the date first written above and shall continue in effect indefinitely.  Either party can terminate this Agreement, with or without cause, upon thirty days written notice to the other party.  The Agreement may be amended at any time and from time to time by written agreement to the parties.

 

  1. MISCELLANEOUS 

 

  1. Provisions of this Agreement, which by their terms extend beyond the termination or nonrenewal of this Agreement, will remain effective after termination or nonrenewal. 

 

  1. No provision of this Agreement may be amended or waived unless agreed to in a writing signed by the parties. 

 

  1. 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. 

 

  1. 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. 

 

  1. The provisions of this Agreement will inure to the benefit of and be binding on the parties and their respective representatives, successors, and assigns.

 

  1. The failure of a party to enforce the provisions of this Agreement will not be interpreted as a waiver of any provision or the right of such party thereafter to enforce each and every provision of this Agreement. 

 

  1. Client will not transfer or assign this Agreement without Ardour Staffing’s written consent. 

 

  1. 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 nonperforming party.

 

  1. This Agreement shall be constructed, enforced, and interpreted under the laws of the state of Texas. 

 

EXECUTED on the date and year first above written (effective date)

 

. ARDOUR STAFFING CORP

 

_______________________________________________

             By: Bryson Christian                          Title:  Owner/Operator

 

[ENTER CLIENT’S NAME]

 

Authorized Signature: ______________________________

           

          Name: ___________________________________________

 

Title: ____________________________________________

 

EXHIBIT “A”

 

Rates 

 

RN Specialty Pay (ER, ICU, PACU, OR, L&D) – $90.00 per hour any shift (No differential)  

RN (Med-surg, tele, OB) – $80.00 per hour any shift (no differential)

LPN (Any Specialty)- $50.00 per hour any shift (no differential)

CNA- $30.00 per hour any shift (no differential)

 

Holiday rates are paid for the day, evening, and night sifts on New Year’s Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas day, Christmas Eve and New Year’s Eve.  The Holiday billing rate is one and one-half times the regular billing rate for each hour worked. 

 

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