8 Pecados Del Exito

LONG TERM CARE FACILITY MANAGEMENT AGREEMENT





THIS LONG TERM CARE FACILITY MANAGEMENT AGREEMENT (this “Agreement”) is made and effective as of ____________ (the “Effective Date”) by and between [NAME _____________________________], a [TYPE OF ENTITY ______________________] (“Manager”), and [NAME ____________________________], a [TYPE OF ENTITY ______________________] (“Operator”).RECITALS:

A. Operator provides assisting living and adult day care [CONFIRM TYPES OF LICENSES] related services to residents of various acuity levels at its facilityFacility (the “Business”).

B. Operator desires to engage Manager to provide certain management services to the facilityFacility and the Business on the terms and conditions set forth herein.

C. Manager employsindividuals with considerable experience and expertise in managing assisted living facilities and other senior health care facilities similar to the facilityFacility, and Manager is willing to provide such services to the Facility on the terms and conditions set forth below.



AGREEMENT:

NOW, THEREFORE, in consideration of the mutual representations, covenants and agreements set forth below, thereceipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, Manager and Operator agree as follows:

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ENGAGEMENT OF MANAGER

Engagement. For and during the Term (as defined in Article II) of this Agreement, subject to the terms of applicable law, Operator hereby engages Manager to manage the facilityFacility identified as and located at [DBA AND FULL ADDRESS_______________________] (the “Facility”) and the Business in the name and for the account of Operator upon the terms and conditions hereinafter set forth. Manager shall manage the Facility upon the terms and conditions hereinafter set forth during the Term of this Agreement. Notwithstanding anything to the contrary herein, Operator shall retain ultimate control and direction over the ManagedAssets and the Facility.

Independent Contractor. The parties hereto expressly acknowledge and agree that Manager is at all times acting and performing under this Agreement as an independent contractor, and that no act, commission or omission by either Operator or Manager will be construed to make or constitute the other its partner, principal, agent, joint venturer or associate; provided, however,that Manager is authorized to act as Operator’s agent to the extent provided herein.

Ownership. Unless otherwise required by Section 3.10 hereof, or applicable law, Operator or an Affiliate (as defined in Section 12.6) thereof designated by Operator will own and/or hold all licenses, permits and contracts obtained with respect to the Facility, and shall be the “provider” within the meaning ofall third-party contracts for the Facility. Without limiting the generality of the foregoing, Operator or an Affiliate thereof designated by Operator will, to the extent allowed by law, own, hold or be a party to the Medicaid provider number, the Medicaid provider agreement(s). The Manager will act as the billing agent, including, without limitation Medicaid billing, as more particularlyoutlined in Exhibit A to this agreement.



TERM

The term (the “Term”) of this Agreement will commence on the Effective Date and shall continue in force for ten years subject to the termination rights of Section ____.



RIGHTS AND DUTIES OF MANAGER

During the Term, and in the course of its management of the Facility and the Business, Manager will (directly or through the supervision,direction and management of the Facility), as agent and on behalf of Operator, perform or cause to be performed the following services:

General.

A) Necessary Resources and Time Devoted to Program. During the Term, Manager shall devote such resources and working time and attention to the Facility as reasonably necessary or desirable in order for Manager to discharge its obligations under this...