Service Agreement
Date ……………………………………………. 2012
Between
…………………………………………………………………………………………...
ABN ……………………………………………………………………………………
And
Community Options Incorporated
ABN 48 485 657 783
Both copies of this Agreement should be signed by Authorised Representative of the Agency and should be returned to the:
Community Options
Quality Management Committee
GPO Box 3067
Canberra ACT 2601
Table of Contents
1. Background 4
2. Duration of the Agreement 4
3. Definitions 4
4. Agreement 4
Community Options agrees to: 4
The Agency Agrees to: 5
5. Confidentiality 5
6. Insurance and Indemnity 6
7. Dispute Resolution 7
8. Termination 8
Termination without fault 8
Termination for cause 8
9. Safety and Procedures – Human Resource Management 9
10. Client Transportation 9
11. Subcontracting 10
12. Quality Standards and Requirements 10
13. Performance Audit 10
14. Service Shifts 11
15. Invoicing and Payments 11
16. Drugs and Alcohol Policy 11
17. Statutory Record 11
19. Personnel 12
20. Police Checks 12
21. Cessation of Service 12
23. Data Collection 13
Attachment 1 17
Dispute Resolution 17
1. Background
1.1 - Community Options provides a range of services to eligible clients in the community, aged and disability service sector. It does this within the framework of the legislation, specification, safety requirements and service standards relevant to the sector.
Community Options offers Agencies an opportunity to provide functional support services on an 'as needed' basis within the community services sector and recognises that the delivery of services to the community is best achieved through effective relationship between parties. Community Options is seeking long-term business arrangements with quality Agencies that will commit to negotiating and working together collaboratively to achieve the best possible outcomes for clients within the community. By signing this agreement, you and your employees agree to abide by these conditions. This document forms part of the induction to the Community Options integrated Quality and Health and Safety Management System.
2. Duration of the Agreement
2.1 - This Agreement is for the period of three (3) years from the day of execution unless varied or terminated sooner in accordance with the terms of this Agreement.
3. Definitions
3.1 - Agency means an agency registered to provide services to clients of Community Options.
3.2 - Client means the recipient of service provided by the Agency on behalf of Community Options.
3.3 - Personal information means personal, sensitive or health information as defined in the Health Records (Privacy and Access) Act 1997 and the Privacy Act 1988 that is either held, collected, created or otherwise obtained during the course of delivering or planning support services.
4. Agreement
4.1 - The parties of this agreement agree to work together to achieve best possible outcomes for clients and in fulfilling their obligations under this Agreement will communicate effectively and in a manner that shows mutual respect.
Community Options agrees to:
4.2 - work with the Agency to deliver high quality services that best meet individual client needs;
4.3 - provide the Agency with accurate and current information that is applicable to service delivery;
4.4 - monitor, review and evaluate service delivery and provide relevant feedback to the Agency;
4.5 - make payments to the Agency for the delivered services by cheque or electronic funds transfer directly into a bank account nominated by the Agency. These payments will be deemed to have been paid by Community Options, when Community Options’ bank indicates that it has sent the payments;
4.6 - meet its obligations under this Agreement.
The Agency Agrees to:
4.7 - provide services in accordance with all requirements of this Agreement and Community Options service specifications as indicated in service requests;
4.8 - comply with the terms and conditions of this Agreement; in accordance with the service specification(s) defined in Community Options service requests exercising due care, skill and judgement and at all times in accordance with applicable professional ethics, principles and standards and ensuring the organisation’s employees do likewise in accordance with relevant State and Federal laws, including the legislation, guidelines and policies described in this Agreement;
4.9 - ensure that the provisions of this Agreement are reflected either in the service standards or written policies of the organisation and that these are made readily accessible to relevant staff;
4.10 - give a prompt written notification to Community Options of any changes to the organisation, including a change in the management structure, legal status, the organisation’s address and contact details;
4.11 - notify Community Options in writing of any change in the organisation’s bank account details, such notice to be signed by two authorised representatives;
4.12 - implement best practices and guidelines (or other comparable quality framework in the delivery of services purchased by Community Options).
4.13 – the Agency agrees that neither the support worker nor the Agency will initiate change/s of days and or times of support arrangements once placed in writing by Community Options Coordinators unless in the case of an emergency or such a change is required after business hours in which case the Agency agrees to inform Community Options at the first opportunity on the next business day.
Should the client initiate a change of day and or times due to unforeseen circumstances at the time of planning support arrangements, the Agency agrees to accommodate that clients request to the best of their ability and inform Community Options at the first opportunity or on the next business day.
5. Confidentiality
5.1 - By returning the signed Service Agreement, the Agency acknowledges that client information obtained as a result of the registration with Community Options remains strictly confidential between the parties and is subject to the Privacy Act 1988, and a breach of confidentiality under this Agreement may be an offence under that Act.
5.2 - The Agency indemnifies Community Options against all loss and damage incurred or suffered directly through the intentional or unintentional use of confidential information.
5.3 - The Agency under no circumstances is to, approach, negotiate or disclose any information to a third party regarding services provided on behalf of Community Options without the expressed written consent of Community Options. Disclosure by the Agency of any information provided by Community Options will be seen as a breach of this Agreement and this may result in the suspension of registration.
5.4 - Furthermore, Agencies and staff are not entitled to refer to any service relating to Community Options in the press (including media), in advertising or in any other form of communication without the expressed written consent of Community Options.
Both parties will ensure that the rights and confidentiality of clients and staff are protected in policy and practice in accordance with State and Commonwealth legislation. The Agency will ensure that, in the event of an investigation or monitoring undertaken by or on behalf of Community Options regarding the records or activities of clients and staff, all relevant records and documents will be made available to whomever is authorised by Community Options.
5.5 - Other than with the consent of the particular client or in accordance with a legislative requirement, the Agency will not disclose any information concerning clients of Community Options made available to them in monitoring or investigating the implementation of the service specification.
5.6 - The Agency will comply with the Commonwealth Privacy Act, 1988. In addition, the Agency will comply with the Health Records (Privacy and Access) Act 1997 when dealing with health information.
5.7 - The Agency will develop and implement policies and procedures that are consistent with the Privacy Legislation and principles.
5.8 - This Agreement sets out the privacy understanding as to how each party will operate in relation to these services. Where there is a conflict between this Agreement and any other document or information then this Agreement has priority and will prevail.
6. Insurance and Indemnity
6.1 - The Agency when carrying out the obligations under this Agreement agrees to exercise the highest level of care and skill so that the Agency will not cause loss or damage to the property, or personal injury, or death to any person.
6.2 - The Agency agrees to indemnify Community Options against any liability arising from service provision and maintain appropriate levels of insurance. The Agency must therefore meet the following requirements for insurance:
§ Public liability and professional indemnity insurance for an amount of not less than $10 million (ten million dollars);
§ Worker’s compensation insurance as required by the ACT legislation;
§ Any other insurance in respect of any liability that may arise out of the provision of services.
6.3 - The Agency agrees that the Agency has undertaken an assessment of risk and arranged and maintains adequate insurance cover to protect:
6.3.1 The Agency against legal liability risk for personal injury and/or property damage or other financial loss claims including, without limitation:
a) Public liability; and
b) Directors’ and officers’ liability; and
c) Professional indemnity
6.3.2 The Agency shall provide Community Options with proof of the Agency’s insurance cover and a certificate of currency. Copies of the certificate of currency for Agency's relevant workers compensation insurance or income protection policy must be provided with this submission and will be requested regularly and will be based on the renewal schedule.
6.3.3 Should any of the required insurance policies lapse or be cancelled, the Agency agrees to immediately notify Community Options in writing of the new arrangements. Evidence of continued insurance cover will be requested regularly and be based on your renewal schedule.
7. Dispute Resolution
7.1 - If a Dispute arises between the Agency and Community Options concerning:
a) the terms and conditions of this Agreement
b) the provision of Services under this Agreement, or
c) any other matter arising under this Agreement
7.2 - Either party may initiate the Dispute Resolution Process set out in Attachment 1. This occurs by notifying the other Party in writing (‘Notice of Dispute’), within 10 working days of becoming aware of the issue.
7.3 - Both parties agree that the Dispute Resolution Process cannot be used to determine:
a) a variation in the Agency Fees for Service
b) a variation in service levels
c) casework disputes regarding an individual/family client and the Agency, or
d) complaints against Community Options not directly related to the terms and conditions of this Agreement.
7.4 - Notwithstanding any dispute, Community Options and the Agency will, subject to this or any other provision of this Agreement, each continue performing obligations under this Agreement while a dispute resolution process is being followed. Community Options may request that the Agency cease performing obligations under this Agreement while a dispute resolution process is being followed and, upon receipt of such a request, the Agency will cease performing obligations.
7.5 - Information relating to the dispute shall remain confidential, as far as possible. However, this requirement for confidentiality will not prevent either party from disclosing necessary information to legal advisers, insurers or other necessary parties such as its board of directors, or another member of a group which is party to the dispute. Any person involved in the Dispute Resolution Process may be required to sign a confidentiality agreement as a precondition to their involvement. This section in no way limits Community Options right to invoke clause(s) 8.1, 8.2 (Termination).
8. Termination
8.1 - If this Agreement is terminated, or the obligation to provide services under this Agreement is terminated, the Agency will not be entitled to any payment as a consequence of the termination, this includes payment of consequential losses, loss of profit, loss of opportunity, breakage costs and employment termination costs.
Termination without fault
8.2 - This Agreement may be terminated at any time if both parties so agree. Termination from either party is to be submitted in writing.
8.3 - The Agency may terminate this Agreement on provision of sixty days’ notice, in writing.
8.4 - Community Options may terminate this Agreement if funds for the provision of services are no longer available to Community Options. The Agency also understands that signing this Agreement does not guarantee the allocation of services.
Termination for cause
8.5 - Community Options may immediately terminate this Agreement by giving written notice if one or more of the following occurs:
a) The Agency breaches a provision of this Agreement in a manner that, in Community Options’ opinion, is not able to be remedied
b) The Agency breaches this Agreement in a manner that, in Community Options’ opinion, is capable of remedy and the Agency does not comply with a notice to remedy the breach within the period specified in that notice or
c) The Agency breaches this Agreement in a manner that, in Community Options’ opinion, is capable of remedy and the Agency and Community Options cannot agree to remedial action.
d) The Agency breaches this Agreement or fails to deliver services in a manner that, in Community Options opinion, requires immediate termination.
8.6 - The Notice of Termination for Cause will specify:
a) an appeal period of at least 20 days, and
b) the effective termination date, which will be within 60 days from the date of the notice, unless otherwise specified.
8.7 - During the appeal period the Agency may make written submissions to the Quality Management Committee concerning the decision to terminate this Agreement. The Quality Management Committee may set aside that decision or extend the appeal period to allow further consideration of the matter. Any decision by Community Options to then proceed to terminate the Agreement shall be final.
8.8 - The Agency and Community Options agree that the written notice, any written submissions and all related information (whether in writing or oral) shall be kept confidential during the appeal period, except to allow either party to seek legal advice.
9. Safety and Procedures – Human Resource Management
9.1 - For the purpose of the Work Health and Safety Act 2011, the Agency is the employer of workers providing services to clients on behalf of Community Options and will therefore take all reasonable measures to ensure health and safety of workers while providing services through this Agreement.
9.2 - The Agency will comply with all Territory Laws concerning equal employment opportunity, anti-discrimination and affirmative action in all staffing matters relating to the implementation of Service Specifications that are funded by Community Options. Staff matters include advertising, selection procedures, staff training, employment practices and separation practices.