Contract Agreement
The undersigned individual is a, please select one:
□ Registered Contractor
□ License Practical Contractor
□ Certified Nurse’s Assistant
□ Home Health Aide/Companion
□ Other
Wishes to enter a non-exclusive placement contract with the Essential Healthcare Services dba Essential Staffing Services referred to in the document as “The Agency” to have it find limited contractual engagements for work for which the Undersigned holds the applicable license and required credentials.
2. The undersigned individual, referred to as Contractor throughout the rest of this agreement, understands that this engagement is as independent contractor, and not as an employee of The Agency or a contracting (client) or Healthcare Client. As such, the Contractor understands that he or she will be solely responsible for all payment of income and self-employment taxes. No taxes will be held from Contractor Income. Essential Healthcare Services will report all income over $600.00 per year to the Internal Revenue Service and the State of Florida and will provide the Contractor with a 1099 form for their records, to assist them in filing their taxes as required by law.
3. The Agency shall act solely as a contracting agent to sub-contract contractors to the facilities and homes.
4. Contractor appoints The Agency as his/her agent to find assignments for him/her and to receive compensation on his/her behalf. The agency appointment by the Contractor is irrevocable as to that particular contract. Essential Healthcare Services agrees to pay the contractor for his/her time at the agreed rate. Payment shall be made 1 time per week via direct deposit. Pay rates are confidential and disclosure may result in termination of contract.
5. The contractor agrees not to perform duties at the client or home outside the scope of his/her license or training
6. Each contractor/contractor represents to The Agency that:
A The contractor is licensed (if required) in the State of Florida to perform the type of nursing for which they are placed to, and their license is not suspended or revoked, and has never been suspended or revoked.
B The Contractor carries a current CPR card and requires number of CEU’s as required by the state of Florida.
C The Contractor is not covered by worker’s compensation or unemployment insurance through Essential Healthcare Services while being an independent contractor.
D. The contractor has a minimum of one year’s experience in one of the following four types of nursing healthcare fields listed above.
E. The contractor agrees that unless they are told otherwise, they are to wear standard nursing attire, including ID nametag and closed toe shoes while on duty.
7. The contractor agrees to supply any information necessary to ensure that Essential Healthcare Services meets its contractual obligation to the client, such as any disciplinary proceedings initiated against the contractor, employment history, etc.
8. The contractor understands that he/she does not provide services in a private home under any contract for which she is sent by the Agency, Inc. agency, unless prior authorization is obtained.
9. The contractor agrees to supply the time sheets signed by the authorized Client Representative no later than Friday of each week.
10. The contractor agrees that Essential Healthcare Services is not responsible for any employment or lack of employment.
11. The Contractor will be compensated for two (2) hours’ time & travel if their verified scheduled shift is not canceled prior to their arrival to the client only if the client does not utilize their right to use and compensate contractor for (4) four hours. Contractor has the option to refuse the four hours and not be compensated for time and travel.
12. The contractor has an absolute right to accept or reject any contract for any reason whatsoever, but once a contract is accepted, the contractor agrees that he/she or another contractor will show up at the appointed time. The contractor is free to subcontract with any contractor which is registered with The Agency in advance, and who is acceptable to the Client. The Contractor agrees not to seek or accept employment with any client facilities or individuals to whom The Agency has secured business relationships with for a period of 90 days after the last day worked at that client.
13. I hereby certify that I have not knowingly withheld any information that might adversely affect my chances of contracting with this agency. The answer(s) given by me are true and correct to the best of my knowledge.
14. I hereby certify that I, the undersigned applicant, have personally completed this application, or have noted the name of the individual assisting me in the completion of this application.
15. I understand that any omission or misstatement of material fact on this application, or any document used to secure contract(s) with this agency shall be grounds for rejection of this application, or for immediate discharge if I am contracted through this agency regardless of the time elapsed before discovery
16. I acknowledge and agree that this application will be considered by Essential Healthcare Services for no longer than six (6) months from the date it was made.
17. I understand and agree that if I am contracted through this agency, my contract(s) is/are at will and is/are for no definite period. These contracts may be terminated: at any time, with or without prior notice, for any reason, for no reason, in the opinion of either myself or Essential Healthcare Services.
18. If contracted through this agency, I will comply with all rules, regulations, instructions, policies, and procedures. I understand such rules, regulations, policies and procedures do not constitute a contract for placement and are subject to change at any time and without advance notice.
19. I understand it is the policy of The Agency’s Independent Contractors to comply with the Drug-Free Workplace Act of 1988.
20. I understand that some states in which Essential Healthcare Services does business require healthcare professionals to undergo a job related to physical. I agree to undergo a post-contract physically if contracted in any state with such a requirement.
21. The Contractor shall supply all of the required labor and necessary equipment needed for each work assignment in the Contractor’s capacity as independent contractor. Contractor agrees to provide services for the CLIENTS, which have contracted with The Agency. The contractor is free to decline any work assignments made available by the company.
22. It is the Contractor’ obligation to pay income and self-employment taxes on amounts earned, and the Company will provide a 1099 reflecting amounts earned.
23. The Company will compensate the Contractor by engagement worked at a rate to be agreed upon between the company and the contractor. Contractor is responsible for Contractor’s expenses related to Contractor’s assignments.
24. The Contractor is personally responsible for any continuing education or training required for maintaining his/her professional license/certificates, and the Contractor shall maintain at Contractor’s sole expense the necessary professional licenses/certificates.
25. The Contractor is not limited to working exclusively for the company and may secure other and additional work.
26. The Contractor is responsible for maintaining any worker’s compensation, health, or disability insurance required or which may be required by the Company or the healthcare providers contracting with the Company. The Contractor agrees to indemnify and hold harmless the company from any claims or liability arising out of the work performed by the Contractor under this agreement.
27. The laws of Florida shall govern this Agreement. If any part of this agreement is judged invalid, illegal, or unenforceable, the remaining parts shall not be affected and shall remain in full force and effect. The party stipulated that the venue for any legal actions between the parties shall occur in Hillsborough County, Florida.
28. This Agreement shall be binding on the Company and the Contractor, their successors and assigns.
29. The Company may terminate this agreement at any time based on the Contractor’s failure to provide services hereunder or for the Contractor’s failure to obtain and maintain the required and necessary professional licenses/certificated. Further, either party may terminate this Agreement with or without cause, effective upon fifteen (15) days prior notice given to the other party
30. The contractor acknowledges and agrees that the names and addresses of the Company’s clients and procedures are and will remain the exclusive property of the Company, and that such names and procedures are of a confidential nature and of great economic value to the Company and shall not be disclosed in any manner
31. The Contractor agrees to notify the Company of their availability on a regular basis, but not less than once per week. The Contractor also acknowledges that they are responsible for beginning and completing all shifts they accept
32. The Contractor agrees to complete and turn into the Company any signed time slips to the branch office in a timely manner. The Contractor also understands they will not be paid unless all time slips are signed by the Client, filled out completely and correctly.
33. It is the intent of the contractor and company that the term “contractor” wherever used herein means Independent Contractor and not agent, servant, or employee.
34. This agreement is to be constructed under the laws of the State of Florida.
I agree to this contract and understand its terms