AMH Staffing Agency, LLC

Master Agreement For Temporary Staffing Coverage

This staffing Agreement (hereinafter “Agreement) is entered into this date __________
between AMH Staffing Agency, LLC (hereinafter referred to as ‘Agency”) and _________
(hereinafter referred to as “Company) throughout this document. Whereas, the Agency and
Company wish to enter into an agreement where in Agency will provide temporary medical &
non-medical personnel to the Company.
Now, therefore, for and in consideration of the promises, the parties herein agree as follows:
TERM:
This agreement shall have an initial term of one year, which commences on _______ subject to
earlier termination as hereinafter provided. Thereafter the agreement will automatically renew
for successive one-year terms on the same terms and conditions by mutual agreement of the
parties, unless terminated by any party in writing.
Company:
AMH Staffing Agency, LLC
9925 County Road 63
Plantersville, AL 36758
Contact: Contact:
Anna Hunter,
Chief Executive Officer ​ Administrator

RESPONSIBILITES OF AGENCY:

Services:​ Agency will, upon request by Company, provide one or more licensed healthcare
professionals as specified by Company for supplemental staffing services, subject to availability
of qualified personnel. Staff will be on contract for 4-12 weeks with possibility of extension and
guaranteed 48 hours per week with possibility of increased hours of overtime.
Personnel: ​Agency will supply COMPANY with personnel who meet the following criteria and
will provide evidence of the following to COMPANY upon written request:
1. Possesses current state licensure/registration/and or certification in good standing.
2. Possesses CPR, ALS, BLS, PALS certification in good standing as requested in
writing by COMPANY to comply with applicable law.
3. Completed pre-employment physical within one year that proves he/and or she is free
of all communicable diseases, as requested in writing by COMPANY, if required.
4. Possesses pre-employment TB skin test or chest X-ray, professional references, drug
screenings and background checks by COMPANY.
5. Completed standard OSHA and HIPPA training.
Insurance: ​AGENCY will maintain (at is sole expense), or require the individuals it provides
under this Agreement to maintain, valid policies of insurance required by state, covering the
negligent acts or omissions which may give rise to liability for services provided under this
agreement.

Employment and taxes: ​AGENCY will follow its standard employment policies and procedures
to verify that all personnel meet applicable licensing requirements. AGENCY will maintain
direct responsibility as employer for the payment of wages and other compensation, and for any
applicable mandatory holdings and contributions such as federal, state, and local income taxes,
social security taxes, workers compensation, and unemployment insurance.

Compliance:​ AGENCY agrees to ensure compliance with site/COMPANY rules and

regulations.

Protected Health Information: ​To the extent that the AGENCY and or supplemental staff
comes into contact with identifiable patient health information, AGENCY and/or supplemental
staff agrees it will maintain such information to meet all mandatory federal, state, and local
regulations, including JCAHO and HIPPA regulations, existing and future.

RESPONSIBILITES OF COMPANY:

Orientation: ​COMPANY will provide AGENCY personnel with at least 4 hours of adequate
orientation. AGENCY will bill Orientation hours to COMPANY at set hourly bill rate per
personnel. Onboarding requirements from Company that result in expenses, will be invoiced to
company. Company will be invoiced for drug screens and background checks for each employee
that is required to fulfill need and must be paid within 14 days in the event that Company cancels
contract before employees begin contract.

Requests for personnel: ​COMPANY will use it best efforts to request personnel at least
twenty-four hours prior to reporting time in order to assure prompt arrival of assigned personnel.
Information regarding reporting time and assignment will be provided by COMPANY at the
time of the initial request.

Order cancellation: ​If COMPANY changes or cancels an order less than two hours prior to start
of a shift, after AGENCY personnel has been scheduled, AGENCY will bill COMPANY for two
hours at the established rate for each scheduled personnel. COMPANY will be responsible for
contacting AGENCY personnel prior to reporting time. COMPANY has the right to cancel a
request for personnel staff 48 hours prior to scheduled start date without penalty. If this notice is
less than 48 hours prior to scheduled date, AGENCY will bill COMPANY for thirty-six hours at
the current hourly bill rate per employee scheduled to work and due within 7 business days. In
the event personnel calls in sick, COMPANY must provide make-up shift and or shifts before
end of contract if work excuse is provided. If personnel is diagnosed with coronavirus while
working for COMPANY, COMPANY will be billed for seventy-two hours for each scheduled
personnel diagnosed with coronavirus while recovering.

Responsibility for patient care: ​COMPANY retains full authority and responsibility for
professional management of care for each of its patients and for ensuring that services provided
by AGENCY personnel under this agreement are furnished in a safe and effective manner and in
accordance with applicable standards.

Right to Dismiss: ​Any personnel by AGENCY to COMPANY for a position requiring a license
and who does not possess a current valid license issued by the State or who is physically or
mentally incapable of performing the duties required by the position where assigned, or who is
determined, in good faith, by COMPANY or its designated representatives, to be unqualified for
position assigned, shall not be permitted to perform services for COMPANY and COMPANY
shall not be required to pay for hours worked by such employee/personnel. In the event, PPE
isn’t available, personnel will not continue contract until PPE is available. Personnel will be
removed from facility immediately.

Non-performance: ​If COMPANY, concludes, in its sole discretion, that any personnel provided
by AGENCY have engaged in misconduct, or have been negligent, COMPANY may require the
personnel to leave the premises and will notify AGENCY immediately, providing in reasonable
written detail the reasons for such dismissal. COMPANY’S obligation to compensate AGENCY
for such personnel’s services will be limited to the hours actually worked.

Verification: ​COMPANY will verify the identity and credentials of each personnel by a visual
check of personnel’s photo identification or passport, professional license and certifications.

Placement fee: ​COMPANY agrees that it will take no steps to recruit, hire or employ as its own
employees or as a contractor those personnel provided by AGENCY during the term of this
Agreement, for a period on one year, following the date on which AGENCY personnel last
worked shift at COMPANY. Should COMPANY employ AGENCY personnel they will pay a
fee to AGENCY per employee of:
CNA: ​$1000.00 ​ NP: ​$7000.00 ​ Social Worker: ​$3000.00
LPN: ​$4000.00 ​ RN: ​$5000.00 ​ Administrative: ​$1000.00
Agency agrees that it will take no steps to recruit, hire or employ as its own employees or as a
contractor current personnel of Company during the terms of this Agreement.
Holidays: ​Personnel who work on holidays will receive holiday pay for hours worked.
Compensation to AGENCY will be 1.5 times the hourly rate for the following:
New Year’s Day Labor Day
Memorial Day Thanksgiving Day
July 4​th​ Christmas Day
Martin Luther King Day
Overtime:​ Overtime rates are charged for all hours worked in excess of forty hours in a work
week or according to applicable state law. The overtime rate will be paid to AGENCY by
COMPANY at 1.5 times the regular billing rate for such hours and paid to AGENCY weekly.

Floating: ​COMPANY my re-assign personnel to another department or unit within the facility,
if the personnel has experience or qualifies for the re-assigned area. COMPANY should make
every attempt to keep personnel on assigned unit according to signed contract.

MUTUAL RESPONSIBILITES:
Non-discrimination: ​Neither AGENCY or COMPANY will discriminate on the basis of age,
race, color, national origin, religion, sex, disability, gender identity or any other category
protected by law. All employment decisions shall be consistent with the principal of Equal
Opportunity Employment.
Clearance: ​ AGENCY and COMPANY will ensure all AGENCY personnel have passed the
appropriate clearance process BEFORE AGENCY personnel start of shift.
Liquidated Damages: ​ The parties make no Agreement providing for liquidated damages to be
paid by either party in any amount under any circumstances. Any provision in this Agreement
purporting to call for any form of liquidated damages is null and void.

Modifications: ​This Agreement may not be changed orally, but may only be changed by an
Agreement in writing signed by both parties.
COMPENSATION:

Invoicing/Payment​: COMPANY will supply AGENCY under this agreement at the rates listed
per personnel. AGENCY will submit invoices to COMPANY every week for hours worked by
personnel provided to COMPANY during the preceding week.

Time recording:​ ​COMPANY will reimburse AGENCY for the time indicated on timesheets.
All AGENCY personnel are required to take a thirty-minute non-paid meal period. If personnel
is approved to work through a designated meal break, they will need to have an authorized
representative signature (Charge Nurse, House Supervisor, Manager, Director of Nursing,
Human Resources).

Payment:​ All amounts due to AGENCY are due and payable ​weekly​ from the date of invoice.
COMPANY will send all payments via AGENCY’S bank account via direct deposit. If payment
is not received within 10 days, there will be a 15% late fee of the total invoice that is due. Every
week invoice is late, the late fee will increase by 10%. If invoice is not paid within 14 days of
invoice, personnel will be removed from facility immediately and legal actions will be taken.

Rate change: ​AGENCY will provide COMPANY at least five days advance notice of any
suggested rate change. Rates are established in the Staffing Agreement Rates.
General Terms:

Independent contractors: ​AGENCY and COMPANY are independent legal entities. Nothing in
this Agreement shall be construed to create the relationship of employer and employee, or
principal and agent, or any relationship other than that of independent parties contracting with
each other.

Indemnification​: Each party agrees to indemnify hold harmless the other party, and its directors,
officers, and agents from and against any and all claims, actions, or liabilities, demands, losses,
judgements, civil monetary penalties, fines, suits, costs and expenses (including without
limitations, reasonable attorney’s fees, costs of suit, and other expenses related thereto) of
whatever kind and character, arising out of or relating to either party providing services under
this Agreement, including without limitations and claims of wages or benefits, claims of
employment discrimination, claims for emotional distress, punitive damages, any loss, injury,
death, imposed on personnel, any material breach of this Agreement by either party, or the actual
or alleged negligence, willful misconduct, or other actual or alleged faulty of any nature of either
party or its agents and or employees.

Compliance of laws:​ COMPANY agrees that all services provided pursuant to this Agreement
shall be performed in compliance with all federal, state, and local rules and regulations. Any
dispute will be heard and covered by laws and regulations in the Dallas County Probate Court in
the State of Alabama within 60 days of receipt by either party of a written notice.

Confidentiality: ​The parties agree to keep the terms and conditions of this Agreement, and any
information exchanged or obtained hereunder strictly confidential, and not to disclose such
information and materials to any third party, except pursuant to a court order or applicable law,
rule or regulation.

No rule of Construction: ​The partied acknowledge that this Agreement was initially prepared
by AGENCY solely as a convenience and that all parties and their counsel hereto have read and
fully negotiated all the language used in this Agreement. No rule of construction shall apply to
this Agreement that construes ambiguous or unclear language in favor of or against any party by
reason of that party’s role in drafting this Agreement.
No Third-Party Beneficiaries: ​This Agreement is a contract solely between the AGENCY and
COMPANY. There shall be no third-party beneficiaries nor shall any third party have any rights
or benefits hereunder.

Severability:​ In any case one or more of the provisions or part thereof contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect,
such invalid, illegal and unenforceable provisions shall be reformed and construed so that they
will be valid, legal and enforceable to the maximum extent permitted by law, and the remaining
parts of the provision or provisions of this Agreement shall remain in full force effect.

AGENCY and COMPANY have acknowledged their understanding of and in agreement to the
mutual promises written above by executing and delivering this Agreement as of the date set
forth above.

AMH Staffing Agency, LLC

AMH Staffing Agency, LLC
Staffing Agreement Rates
Charges will be based on the following hourly rate schedule ​& may be subject to change​ in
order to obtain required staff upon approval from company. In the event rates must be adjusted
an addendum will be sent and required to be signed by the agency and the company.

Nursing COVID-19 Rates Basic Rates

Registered Nurse $97.00 $67.00
Licensed Practical Nurse $87.00 $57.00
Certified Nurses Assistant $47.00 $45.00

Non-local must be provided daily food per diem ($66/day) per IRS guidelines. Start Date:
___________________

AMH Staffing Agency, LLC Company: ________________________________

Signature: ​ ​Signature: _______________________________

Printed Name and Title: Printed Name & Title:

_________​ ______________________________

Date : ​_______________ ​Date: _______________