THIS AGREEMENT is effective as of the date entered below and is by and between the Company and Contractor.
Recitals: Whereas, the Company is primarily involved in the business of providing Home Health Services to persons requiring these services; and whereas, the Company wishes to engage the Contractor and the Contractor wishes to be so engaged, to provide Home Health Services to persons designated by the Company, as an independent contractor, upon the terms and conditions contained below.
Services. Contractor shall provide, directly to Home Health Services persons designated by the Company, services at such times and at such places as shall be agreed to between the Company and Contractor. Contractor agrees that all patients are accepted for services only by the Company.
Compensation. The contractor shall be entitled to receive from the Company a payment with respect to each service provided by the Contractor to persons designated by the Company, as set forth by the parties. Contractor shall not be entitled to any other compensation or reimbursement for costs or expenses unless approved by the Company.
Contractor's Representations. Contractor represents that Contractor is, and will continue to be during the term of this Agreement, duly licensed as necessary in the State of Florida to provide the services hereunder and will perform without negligence and in compliance with applicable laws and professional regulations.
Insurance. Contractor shall be responsible for obtaining and maintaining appropriate levels of professional liability insurance, automobile liability insurance, and personal injury protection insurance, and shall provide certificates of insurance upon request.
Term. This Agreement shall commence as of the date first written and shall continue for successive one-year terms unless terminated according to the terms of the agreement.
Independent Operation and Indemnity. The parties acknowledge that neither the Contractor nor the Company shall be deemed principal, employee, agent or executive officer of the other. Contractor shall conduct duties as an independent contractor and shall indemnify and hold the Company harmless from claims arising out of Contractor's performance.
Restrictive Covenant and Confidentiality. Contractor agrees not to compete with the Company for patients and legal entities Contractor has serviced under this Agreement, and agrees that information concerning patients, suppliers, office files, procedures, policies and other company business is confidential and may not be used or disclosed except as permitted by the Company.
Disclosure and Access. Contractor agrees to promptly notify Company of inquiries, investigations, complaints or disciplinary actions and authorizes regulating entities to release information relating to such actions. Contractor shall provide Company access to books, documents and records when requested.
Company Responsibilities. The Company will admit clients, maintain records, schedule visits, specify documentation requirements, provide review and policies, perform evaluations, and make payments according to contract and agency procedures.
Contractor Responsibilities. Contractor will provide documentation of services, follow schedules, comply with agency policies, maintain qualifications and background requirements, participate in required activities, provide required personnel files, complete orientation, maintain Medicare/Medicaid eligibility as applicable, and comply with all agency requirements.
Miscellaneous. This Agreement shall be governed by Florida law. No amendment or assignment is valid unless signed in writing by the parties. This Agreement is the entire agreement between the parties and may be executed in counterparts.