Persons with Developmental Disabilities

PERSONS WITH DEVELOPMENTAL DISABILITIES

FAMILY-MANAGED SERVICES AGREEMENT

THIS AGREEMENT MADE EFFECTIVE THE ___ DAY OF ______, 20____

Between:

HER MAJESTY THE QUEEN IN RIGHT OF ALBERTA,

as represented by the Minister of Community and Social Services

(“Minister”)

-and-

[NAME OF FAMILY MANAGED SERVICESADMINISTRATOR]
(“FMS Administrator”)

Background

[Name of Individual]is eligible to receive services under the Persons with Developmental Disabilities Services Act, c. P-9.5.

The FMS Administrator wishes to take a direct role in managing the services and the Minister is prepared to provide grant funding to the FMS Administrator to purchase the services.

The Human Services Grants Regulation, AR 25/2016 authorizes such a grant being made.

Therefore, the parties agree as follows:

Definitions

1. In this Agreement:

(a)“Advance” means the monthly proportionate amount of the total Agreement Amount paid to the FMS Administrator as set out in Schedule A;

(b)“Agreement” means this document and Schedule A;

(c)“Agreement Amount” means the maximum amount of funding specified in section 3;

(d)“Costs” means the costs of the Services set out in Schedule A;

(e)“Effective Date” means the date first written above;

(f)“FOIP Act” means the Freedom of Information and Protection of Privacy Act, RSA 2000, c. F-25;

(g)“Individual” means the adult eligible to receive services under the PDDS Act;

(h)“Invoice” means a document that itemizesCosts incurred by the FMS Administrator, associated with the Services set out in Schedule A;

(i)“PDDS Act” means the Persons with Developmental Disabilities Services Act, RSA 2000, c. P-9.5;

(j)“Records” means any documents, information, records or materials, regardless of form, which are made, generated, produced or acquired as a result of this Agreement by the FMS Administrator, the Staff, Service Providers and any other of the FMS Administrator’s employees, contractors, subcontractors or agents, and includes Invoices;

(k)“Service Provider” means any organization approved by the Ministercontracted by the FMS Administratorto provide all or part of the Services;

(l)“Services” means the services described in Schedule A;

(m)“Staff” means any person employed by the FMS Administrator to provide all or part of the Services; and

(n)“Term” means the agreement period specified in section 2.

Term

1. This Agreement is effective from [month/day/year] until [month/day/year] unless terminated in accordance with this Agreement.

Funding and Services

1. The Minister will provide to the FMS Administrator funding for the Services in accordance with the Costs, with the total amount of funding for this Agreement not to exceed $[dollar amount].

1. The FMS Administrator acknowledges that funding is subject to the sufficient appropriation of monies for the purposes of this Agreement by the Legislature of Alberta.

1. The FMS Administrator agrees to use the funds provided under this Agreement only for the Services and Costs and in accordance with the terms of this Agreement.

1. Should the Minister determine that any of the funds are not used in accordance with the terms of this Agreement; the FMS Administrator will refund that amount within 30 days of being requested by the Minister.

1. The FMS Administrator acknowledges that misuse of funds or the giving of false, misleading or inaccurate information to obtain funding or Services may result in civil action or criminal charges.

1. The FMS Administrator will prepare and provide to the Minister a support plan for the Individual prepared in accordance with policy specified by the Minister.

Invoicing

1. The FMS Administratorwill, on an ongoing basis as Costs are incurred, either:

(a)submit an Invoice for the Services provided; or

(b)submit the information that is included in an Invoice to the Minister in an approved electronic system.

1. After the Minister receives and approves the Invoice, the Minister will pay the FMS Administratorthe approved Invoice amount for the Services.

1. The Minister may pay to the FMS Administrator, as soon as reasonably possible,the Advance.The Minister may at any time during the Term reconcile the Advance against the payment of the applicable Invoices for Services provided.

Records and Monitoring

1. The FMS Administrator will:

(a)keep and maintain the Records and retain the Records during the Term and for a period of ten (10) years following the termination or conclusion of this Agreement; and

(b)upon request, provide the Records to the Minister to examine, audit, make copies and take extracts to determine that the FMS Administrator has complied and is complying with the terms of this Agreement.

1. The FMS Administrator will permit the Minister or any representatives of the Minister to observe the Services, including, but not limited to, on-site visits at any facility or premises where the Services are provided.

1. The FMS Administrator acknowledges and agrees that the Minister must comply with the FOIP Act. The Minister cannot guarantee confidentiality of any Records submitted to the Minister. All Records in the custody or under the control of the Minister will be subject to the privacy and disclosure provisions of the FOIP Act.

Employment Matters

1. The FMS Administrator acknowledges and agrees that

(a)the FMS Administrator is wholly responsible for hiring and supervising Staff and directly contracting with Service Providers as required to provide the Services;

(b)the FMS Administrator’s Staff and Service Providers are not employees, contractors, subcontractors or agents of the Minister; and

(c)the FMS Administrator will comply with the Employment Standards Code (Alberta), the Workers’ Compensation Act (Alberta) and all related regulations and Canada Revenue Agency requirements.

1. The FMS Administrator will comply with, and ensure that Staff and Service Providers comply with, all applicable laws in performing this Agreement, all other codes, regulations and standards that may apply to the Services, and the policies, directives and protocols as specified by the Minister.

Insurance, Indemnity and Hold Harmless

1. The FMS Administratorwill indemnify and hold harmless the Minister, its employees and agents from any and all third party claims, demands, actions or costs, including legal costs on a solicitor-client basis, for which the FMS Administratoris legally responsible, including those arising out of negligence or willful acts by the FMS Administratoror the FMSAdministrator’s Staff or Service Providers, includingcontractors, subcontractors, employees or agents. This hold harmless provision shall survive this Agreement.

1. The FMS Administratoracknowledges that no insurance coverage or protection is available to them under the Government of Alberta’s Risk Management Fund, and that the FMS Administrator is in no way relieved of responsibility for any claim for which FMS Administrator is legally responsible.

Termination

1. This Agreement may be terminated by:

(a)mutual agreement of the parties at any time; or

(b)either the Minister or the FMS Administrator by providing 30 days written notice to the other party.

1. In the event of termination the Minister shall only provide funding to the FMS Administratorfor the Services completed in accordance with this Agreement to the effective date of termination.

General

1. This Agreement contains the entire agreement of the parties and revokes all previous verbal or written agreements between the parties with respect to the Individual.

1. This Agreement or any of its terms may be amended or varied in writing with the consent of both the FMS Administrator and the Minister.

AGREED TO AND SIGNED BY:

MINISTER OF COMMUNITY AND SOCIAL SERVICES

Per: ______

Print Name: ______

Date: ______

FMS ADMINISTRATORWITNESS

Per: ______Per: ______

Print Name: ______Print Name: ______

Date: ______Date: ______
Schedule A

Family Managed Service Agreement

Service Type(s), Outcome Domains, and Funding:

1