25/5/12. «Organisation_Name» «Address2» «Suburb» TAS «Postcode» Dear «Title», INTERIM MEMORANDUM OF UNDERSTANDING, 1 MAY 30 SEPTEMBER 2012
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1 «Organisation_Name» «Address2» «Suburb» TAS «Postcode» 25/5/12 Dear «Title», INTERIM MEMORANDUM OF UNDERSTANDING, 1 MAY 30 SEPTEMBER 2012 We are pleased to confirm the following understandings with you for services delivered on behalf of Care Assess to our clients in our HACC programs, which are supported by funding from the Australian Government under the Commonwealth HACC Program and by the Tasmanian State Government. Services contracted to you under this agreement are services for Care Assess which you deliver to our care recipients on our behalf. Our service-contracting to you will be following our needs-assessment, subject to our care planning, and subject to our ongoing care-coordination of the services you deliver on our behalf to our clients. The Parties Care Assessment Consultants Pty Ltd of Level 2, 6 Bayfield Street Rosny Park TAS 7018 ( Care Assess ), and «Organisation_Name» of «Address2», «Suburb» TAS «Postcode» ( you or your organisation ). Definitions In this Agreement, "you / your" means your Organization that is a party to this agreement and includes its personnel and any organization and personnel of any organization it engages to represent it in performance of any service for the purpose of this agreement. Agreement Period This agreement will be back-dated, and will commence from 1 May 2012 ( Commencement ). This agreement will terminate on 30 September 2012 ( Expiry ). Prior to Expiry of this agreement, you will be offered a new subcontract to continue to provide services for Care Assess under the new Commonwealth HACC Program. Standards and Legislation You are required to comply with the standards set out in the Community Care Common Standards (See
2 You must also comply with all applicable laws, both State and Federal, and comply with all codes of conduct and ethics, regulations and other industry standards applicable to each service contracted to you. Services which may be contracted to you Depending on the services you are able to provide, services requested of you for Care Assess to our clients may include domestic assistance, personal care, home and garden maintenance, shopping assistance, and nursing in the home. Services which may be requested may include a mixture of service types. Depending on Care Assess needs-assessment and the availability of services, Care Assess may contract to multiple service providers for any client. Agreements of Care Documents Each requested service that you agree to provide is a contracted engagement, and will be based upon an Agreement of Care (Service Contract) that will be forwarded to you by Care Assess after our needs-assessment, care-planning and subsequent consultation with you. This document will include: o name, address and contact details of client o details of services required o day(s) of service delivery required o frequency of service o approximate time of service delivery o status of worker to provide care o anticipated completion date for program. This date may change as a result of the Care Assess review process. A Care Assess coordinator will review client progress on a regular basis, according to the particular program. An updated Agreement of Care will be provided to you following each re-assessment. Fee Schedule and payment Please provide Care Assess with a Fee Schedule (the agreed hourly rates ) for the purpose of this agreement by way of attachment to this agreement with your return acceptance. Care Assess will sign off on this agreement after the Fee Schedule has been included by you. Payment will be paid upon receipt of an invoice from the service provider, in accordance with the Fee Schedule. You must invoice Care Assess for payment of any service provided within 60 days after the date of that service. You must seek approval from Care Assess before increasing the agreed hourly rates or if the agreed hourly rates are the current public fee schedule of the Service Provider, seek approval before increasing the public fee schedule, and provide Care Assess with a copy of the revised Fee Schedule before applying this increase to Care Assess, which will need to be attached as a revision to this agreement. Workplace Health and Safety
3 Care Assess agrees to take all reasonable care to advise you of any potential Workplace Health & Safety issues regarding any services we contract to you. You must ensure that you are suitably qualified, appropriately trained and equipped for the provision of the services to Care Assess for our clients. You must provide all resources required in the provision of services contracted to you under this agreement. You must provide and maintain as far as is reasonably practicable a safe working environment, safe systems of work, use all proper care in performing the services, and provide and maintain if applicable, all plant and substances in a safe condition that are used in providing services for Care Assess to our clients. You must ensure that you take all reasonable care and due diligence to assess and manage any potential Workplace Health & Safety issues regarding any services we contract to you. Any reasonable additional time required by you in performing services on behalf of Care Assess to our clients under this agreement, that is directly related to assessing and managing Workplace Health & Safety issues, may be invoiced to Care Assess according to the agreed hourly rates, provided that you seek approval from Care Assess regarding this additional expense prior to undertaking that work. Indemnity Each party is responsible for any negligent act or omission it causes or contributes to. A party that has caused or contributed to a negligent act or omission occurring agrees to indemnify and keep indemnified, and to hold harmless the other party, its servants and agents, and each of them from and against all actions, costs, claims, charges, expenses and damages whatsoever which may be brought or made or claimed against that other party to the extent that the party responsible for the negligent act or omission occurring is responsible for it occurring. This clause does not merge on Expiry of this agreement. You agree to absolve Care Assess and the Tasmanian Government and the Commonwealth from any liability for any injury or loss that may occur to you, in the course of providing services on behalf of Care Assess, unless said injury or loss is directly attributable to some action or omission of an employee of Care Assess. You agree to absolve Care Assess and the Tasmanian Government and the Commonwealth from any liability for any harm or injury that may occur to our client under this agreement, or their family or friends, as a result of the services you provide on behalf of Care Assess, unless said injury or loss is directly attributable to some action or omission of an employee of Care Assess. Insurance You are required to have and maintain the following insurances: o Worker s compensation insurance or Income protection insurance (if you are a Sole Trader) as required by Tasmanian state legislation, o Public liability insurance for an amount not less than ten million dollars ($10,000,000) on a per claim basis, for the duration of the Agreement Period if
4 the policy is an occurrence policy, or if the policy is a claims made policy, from the Commencement to seven years after the Expiry of this agreement. o Professional indemnity insurance if available on reasonable commercial terms for the service types that will be contracted to you under this agreement, and for an amount which is consistent with the outcomes of a risk assessment performed for the purpose of identifying an appropriate amount of insurance. o All other insurances which a prudent and professional organisation would hold if it were required to perform your obligations under this agreement. You must ensure that you are covered by workers compensation insurance (of if a Sole Trader, income protection insurance) and public liability insurance and professional indemnity insurance (if appropriate and reasonable). Probity of personnel providing services If you are a business entity with employees, for all personnel you use to provide services for Care Assess to our clients, you must ensure that: o a current national police record check (that is not more than three years old) has been obtained, o no disqualifying offences (i.e. convictions for murder or sexual assault or any other form of assault resulting in a sentence of imprisonment) have been recorded against any personnel; o no offences against young people or multiple offences that demonstrate a wanton disregard for the law or convictions with recent offences of concern have been recorded against any personnel; o you have deemed them as suitable to provide community care services, taking into account relevant reference checks for each personnel regarding the suitability of the employee to provide community care services, and taking into account any additional non-disqualifying offences as recorded in their national police record check or any other factors you may be aware of that may impact on their suitability, including alleged or suspected assaults. If you are a business entity without employees (you are a Single Operator and the sole representative of your business), you must provide to Care Assess as an attachment to this agreement: o A copy of a current national police record check (that is not more than three years old) for you in order to provide evidence that: o no disqualifying offences (i.e. convictions for murder or sexual assault or any other form of assault resulting in a sentence of imprisonment) have been recorded against you; o no offences against young people or multiple offences that demonstrate a wanton disregard for the law or convictions with recent offences of concern have been recorded against you; o no additional non-disqualifying offences are recorded that may impact on your suitability, including alleged or suspected assaults
5 o the names, positions and contact details of two relevant referees for Care Assess to undertake a reference check regard your suitability to provide community care services. Confidentiality and Privacy You must ensure that you do not do anything that would breach the Privacy Act 1988 (Cth) (the Privacy Act ), including: You may only use or disclose any personal information obtained in the course of performing this Agreement or a service contracted under this agreement, only for the purposes of this Agreement or a service contracted under this agreement. Termination Either party may terminate our arrangement at any time prior to this date by providing two weeks notice is given in writing. Representatives Care Assess and/or you may act by their duly appointed representatives in the administration of this agreement. Evidence You must provide to Care Assess as evidence, along with signed copies of this agreement, certificates of Currency for the above required insurance policies with this agreement, namely: workers compensation insurance policy, or income protection insurance policy (if a Sole Trader), and public liability insurance policy, and professional indemnity insurance (if appropriate and reasonable). If you are a Single Operator, you must also provide to Care Assess no later than 31 August: o A copy of a current national police record check (that is not more than three years old). o The names, position and contact details of two referees
6 Signatures Signed for and on behalf of «Organisation_Name» by Authorised Representative: Full Name... Position... Contact Phone... Contact ... Signature... Date... Signed for and on behalf of Care Assessment Consultants Pty. Ltd. by Authorised Representative: Full Name... Position... Contact Phone... Contact ... Signature... Date...
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