Employment Agreement

Facility Name: Hospital Inc.

Facility Address: Texas, USA

Position: Nurse

Shift: Night Shift

Assignment Start Date: November 14, 2022

Assignment End Date: January 31, 2023

Facility Approved Days Off: MWF

The Amount Earned Is Calculated Weekly

Minimum Guaranteed Hours Per Week (upon facility approval):

Estimated Gross Weekly Disbursement (pre-tax amount): $

Regular Hourly Rate: 999

Overtime Hourly Rate: 999

Holiday Hourly Rate (time worked during facility designated holidays):

On Call Hourly Rate: 999

Call Back Differential (amount added to the Regular Hourly Rate):

Charge Differential (amount added to the Regular Hourly Rate):

Orientation Hourly Rate: 999

GSA Daily Per Diem (non-taxable reimbursement for lodging, meals, and incidental expenses for days available to work):

Facility’s Shift Cancelation Terms:

Terms of Agreement

Quality Collaborations LLC DBA Quality Clinicians engages in the business of providing temporary supplemental clinical staff to other parties (hereinafter referred to as “Client” “Hospital” or “Facility”). Thisemployment agreement is made by and between Quality Collaborations LLC DBA Quality Clinicians (hereinafter referred to as “Employer” or “Agency”), and Daniel B Stull (hereinafter referred to as “Employee” “Traveler” or “Clinician”) to perform services on behalf of Quality Clinicians at Clients’ facilities. Furthermore, these assignment specific terms apply only to this assignment. All future assignments or extensions will have their own specific assignment terms presented if and when those opportunities are offered to the Employee. By signing this agreement, Employer and Employee agree to the following terms of this agreement.

1. Employee agrees to:
   1. Abide by the policies and procedures of Quality Clinicians and this assigned Client.
   2. Abide by the standards of care and professional conduct established by the applicable Nurse Practice Act for the State the assignment is located.
   3. Abide by all applicable city, county, state and federal laws.
   4. Demonstrate honest, ethical, compassionate, and professional behavior.
      
   5. Make best efforts to perform the duties required by this agreement and by each specific assignment.
      
   6. Cooperate, in a timely manner, with the investigation of any potentially compensable event, sentinel event or Client quality process. Employee must participate in interviews, committee meetings or requests for information from department managers upon reasonable request by assigned Client.
   7. Participate in any assigned Client sponsored continuing education classes, seminars, or events.
      
   8. Find, Learn, and adhere to all CDC guidelines, including but not limited to, how to care for patients with COVID-19.
2. Documentation:
   
   1. Employee is required to provide Quality Clinicians with copies and maintain all appropriate licensure and certifications as required by law, including but not limited to: government issued identification, work permit, current State or national professional license (to which State the Assignment is located).
   2. Failure to maintain and provide Quality Clinicians with all current and valid documentation may result in removal of Employee from an Assignment.
3. Background Check and Drug Screen:
   1. Employee’s placement with a Client is conditioned upon satisfactory results of a background check, drug test, and any other tests required for the Assignment.
   2. If Employee begins and then Quality Clinicians receives unsatisfactory results which disqualify Employee from the Assignment, Quality Clinicians will remove Employee from the Assignment.
4. Confidentiality:
   
   1. In performing obligations under this Agreement, Employee will have access to confidential information and valuable trade secrets of Quality Clinicians and our Clients including, but not limited to: HIPAA protected and any other patient Protected Health Information, patient information, techniques, strategies, software programs, and copyrightable material. Employee is required to protect the confidentiality of all such information. All medical information and/or data concerning specific patients (including, but not limited to, the identity of the patients), which is considered "protected health information" as defined by the Health Insurance Portability and Accountability Act of 1996 and regulations promulgated thereunder ("HIPAA") and Health Information Technology for Economic and Clinical Health Act included in the American Recovery and Reinvestment Act of 2009 (“HITECH”) that is derived from or obtained during the course of Employee’s duties under this Agreement, must be treated by the Employee as confidential so as to comply with all applicable state and federal laws and regulations regarding confidentiality of "protected health information", and shall not be released, disclosed, or published to any party other than as required or permitted under applicable laws. This provision shall survive the termination or expiration of this Agreement.
5. Timekeeping
   1. Employee must record time worked in the manner and timekeeping system required by Client. Additionally, employee must record time using T-Sheets app designated by Employer.
   2. If any other issue regarding timekeeping or pay arises, both parties agree to promptly discuss the disagreement, provide one another with relevant documentation, and make good faith efforts to resolve the matter amicably.
   3. If and when employee works as a charge nurse, on call, or is called back it must be noted in the employee’s T-Sheets account.
   4. Quality Clinicians has a zero tolerance policy for tardiness.
6. Payment:
   1. Quality Clinicians will pay Employee for their Client approved hours worked at the agreed upon pay rate found in the above table minus the applicable withholdings. Employee will be paid every Friday starting the second Friday of their assignment.
   2. Quality Clinicians will not pay for or reimburse for any expenses incurred by employees.
   3. Employee must be available to work the agreed-upon regular guaranteed hours for each week of an Assignment.
   4. Employee who voluntarily takes off a shift will not be paid the guaranteed minimum, which include sick time and RTO.
   5. Quality Clinicians cannot guarantee regular hours to Employee during any week which includes orientation or where the Client has closed the unit where the Employee is assigned to work.
   6. Additionally, Quality Clinicians cannot guarantee regular hours to Employee on the first week of an assignment or weeks that include holidays.
   7. If Employee fails to satisfy the guaranteed regular hours requirement for more than two weeks or if Employee calls off more than two shifts during the course of an Assignment, Quality Clinicians may choose to terminate the Assignment.
   8. Failure to notify Quality Clinicians and Client of an impending absence 6 hours prior to the scheduled shift may result in disciplinary action.
   9. Quality Clinicians will comply with all state overtime laws. The specifics of when each pay rate will be applied are determined by the laws governing the location of this assignment and by Quality Clinicians’ contract with the facility for this assignment (see attached documents).
   10. Employee agrees to be paid via direct deposit.
   11. Non-compliance for any type of licensure or certification(s) required for the position disqualifies the candidate for any guaranteed hours or stipends
   12. Quality Clinicians will provide a $1000 bonus to new clinicians on their first paycheck.
       1. This bonus can be used to cover onboarding costs and time and/or travel reimbursements.
       2. Employee reserves the right to forfeit their bonus to pass the responsibility of the onboarding costs to Quality Clinicians.
7. Per Diem:
   1. Employee agrees to comply with all of the IRS and GSA’s requirements found online at https://www.irs.gov and at www.GSA.gov.
   2. Employee assumes full responsibility for the information and instructions they provide in regards to their rights to receive non-taxable Per Diem. Should Employee’s assignment start or end midweek, employee will not receive the per diem for the days the employee did not work.
   3. Traveler is eligible for all 7 days of the GSA max allowable reimbursement if they satisfy the stipulations spelled out by the GSA.
   4. The traveler must be duplicating expenses, available to work each day to be eligible for that day’s amount, and work the shifts scheduled by the facility to be eligible.
      1. For example, if you have any RTO or call in sick, by definition you are not available to work those days and thus Quality Clinicians is not legally allowed to provide the daily reimbursement amount for those days
   5. Employee must provide in writing if there is a change in their availability.
8. Termination of this Agreement:
   
   1. Employer and Employee agree that if the assigned Client should terminate an assignment for any reason, Employer is not liable for early termination and Employer is not required to compensate Employee for hours in which services were not rendered.
   2. Employee will be placed to fill the staffing needs of the assigned Client. Employee may be required to float between units, shifts, and between facilities within a system. Because the Assignment is conditioned upon an underlying agreement between Quality Clinicians and our Client, the Client may have obligations and privileges under its contract such as the right to cancel the Assignment. Failure by the Client to fulfill its contractual obligations to Quality Clinicians may result in termination of an Assignment.
   3. Employee and Employer agree that this agreement will end when this assignment ends.
9. Deductions and Offsets:
   1. Employee Agrees that Employee’s breach or early termination of this agreement may result in damages to Employer including, but not limited to, loss of business and loss of income. Employee agrees that Employer has the right to offset any and all sums owed to the Employee by the financial value of damages, fees, and/or penalties incurred by Employer as a result of Employee’s breach or early termination of this agreement.
10. Laws and Principles of Conduct:
    1. Employee represents and warrants to have never been convicted of a criminal offense related to health care or been debarred, excluded or otherwise been determined to be ineligible to participate in any federal or state health care program. Notwithstanding anything to the contrary contained in this Agreement, in the event that Employee is convicted of a criminal offense related to health care or is debarred, excluded or is otherwise determined to be ineligible to participate in any federal health care program, this Agreement shall immediately and automatically terminate. Employee shall provide services hereunder in accordance with all appropriate laws, regulations and guidelines. In addition, Employee agrees to comply with Hospital's Principles of Conduct and with Hospital's compliance program. In the event that Employee becomes aware of any activity that may violate any law or regulation, Employee agrees to refrain from taking any action which would further such conduct and to immediately notify Hospital's Chief Compliance Officer and Employer of such activity.
11. Assignment Specific Terms:
    1. Quality Clinicians provides employees with the terms and instructions from the facility and any applicable managed service provider, for their assignment. These terms and instructions have been attached and by signing, employee agrees they have received, read, understood, agreed, will protect the confidentiality, and will comply with all of the attached terms and instructions as a representative and employee of Quality Clinicians.
       1. The above pay table supersedes any pay/bill rates included in the attached terms from the facility and their managed service provider.
    2. If employee has questions, they may send them to their recruiter.
       1. If for any reason employee is uncomfortable discussing anything with their recruiter or any Quality Clinicians’ Employee, they may email Legal@QualityNurses.com with their concerns.
12. Marketing and Social Media:
    1. Employee agrees to create a profile on LinkedIn and to list Quality Clinicians as their employer for the duration of this assignment.
    2. Employee agrees to allow Quality Clinicians to tag employee’s profile in any social media platform posts, ads, photos, or any marketing efforts.
    3. Employee agrees to provide at least one photo of themself and answer a brief questionnaire. Any photos and answers Employee provides may be used, royalty-free, for any marketing purposes in any format, in perpetuity.
13. General:
    
    1. This Agreement may be executed in any number of counterparts, each of which when so executed will be deemed to be an original and all of which when taken together will constitute one Agreement. Failure by either party to enforce any provisions of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision. Any waiver of the provisions of this Agreement or of a party's rights or remedies under this Agreement must be in writing to be effective.
14. Partial Invalidity:
    1. Each provision of this Agreement is valid and enforceable to the fullest extent permitted by law. If any provision of this Agreement (or the application of such provision to any person or circumstance) is or becomes invalid or unenforceable, the remainder of this Agreement, and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, are not affected by such invalidity or unenforceability unless such provision or the application of such provision is essential to this Agreement

This Agreement is subject to and governed by the laws of the State of Texas. Employer and Employee agree that a facsimile, pdf, or photocopy of this Agreement will have the same enforceability as an original.

ALL TERMS AND CONDITIONS STATED ABOVE ARE AGREED AND ACCEPTED BY:

Title of Employer: Employer

Full Name of Employer: Juan Dela Cruz

Signature of Employer:

Employer Date Signed: November 12, 2022

Title of Employee: Employee

Full Name of Employee: Daniel B Stull

Please sign using a stylus, your mouse, or your finger below to authorize this contract. By electronically signing this document, you agree to the terms established above. After the document is signed, you can proceed to print it.

Client Information
Signed by DS on Fri Nov 11 2022 08:11:23 GMT-0800 (Pacific Standard Time)
IP Address: 67.185.207.38