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					                 SPOT CONTRACT

                        FOR

               DOMICILIARY CARE

          NORTHUMBERLAND CARE TRUST

            Home Care Version August 2005




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                  SPOT CONTRACT FOR DOMICILIARY CARE
                      NORTHUMBERLAND CARE TRUST
            Terms and Conditions for Home Care Version August 2005


NOW IT IS AGREED between the Trust and the Provider as follows:

WHEREAS:

1         The Trust desires to engage the Provider to provide the Service set out in
          the Contract.

2         The Provider is willing to perform the Service in accordance with the
          provisions of the Contract and at the rates and prices submitted.

3         This Contract comprises of this document and all schedules hereto.

                              SECTION A: DEFINITIONS

DEFINITIONS

Throughout this Contract, except where the context otherwise requires, the
following expressions shall have the meanings hereby ascribed to them:

“Authorised Officer” means the appointed representative of the Trust in respect
of this Contract.
“Authorised Representative” means the appointed representative of the
Provider in respect of this Contract.
“Care” means the services delivered by the Provider on behalf of the Trust as
determined by the Trust‟s assessment of need which may be either of a personal
or non-personal nature.
“Care Manager” means the employee or agent of the Trust responsible for co-
ordinating the assessment of the Service Users needs and arranging Services to
meet them.
“Care Management paperwork” means the pro forma devised by the Trust by
which information concerning the specific Service to be delivered to an individual
Service User is communicated to the Provider.
“Conditions” means all the terms and conditions of this Contract.
“Contract Rate” means the cost of the provision of the domiciliary Service as
charged by the Provider to the Trust as set out within the Schedule of Prices.
“Effective Date” means the date identified at Page 20 and is either the date of
first delivery of the Service or the date which it is agreed that the Contract will
commence.
“Employees” means the Employees of the Provider.




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“Personal Plan” means the individual Care Plan which is agreed for the Service
User of the Service and which may be amended from time to time
"Provider Staff" - means all staff employed by the Provider in order to carry out
the services under this Contract.
 “Quality Statement” means the written statement submitted by the Provider for
the approval of the Trust.
“Registration Certificate” means the certificate presented to the provider by the
Commission for Social Care Inspection (or its successor in title) under the
provisions of the Care Standards Act 2000.
“Respite Service” means any planned period of absence of the Service User
from the place of service delivery.
 “Service” means the provision of domiciliary care as more particularly defined
within the Service Specification.
“Service Specification” means the description of the Service to be provided by
the Provider described in Section C of this Contract.
“Service User” means adults resident within the County boundary who, because
of age or disability, require assistance with daily living tasks and skills.
“Trust’s Racial Discrimination and Equal Opportunities Policy” means the
Trust‟s employment policy and codes of practice relating to racial discrimination
and equal opportunities in place from time to time and which shall be copied to
the Provider


Throughout this Contract the masculine form shall be used to indicate both
masculine and feminine form.




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                    SECTION B. GENERAL CONDITIONS

B1        PURPOSE

B1.1      The Trust requires the Provider to provide a domiciliary Care Service
          to the Service User as identified in Schedule A of the Personal Plan.
          The purpose of the Contract is to enable the Service User to live within
          their chosen community setting while maintaining their independence,
          and to prevent unnecessary admission to hospital or long term care in
          accordance with Section C of this Contract. For the avoidance of
          doubt the Provider will deliver Care to any and all categories of Service
          User referred to it and agreed under the Terms of this Spot Contract.

B2        PERIOD OF AGREEMENT

B2.1      This Contract shall commence on the Effective Date and subject to
          prior termination shall continue in force until such time as it is
          terminated under the provisions of Condition B11.

B2.2      The Trust reserves the right to renegotiate this contract in the event of
          substantial changes in demand for the Service or in Trust policy.

B3        PROVIDER’S OBLIGATIONS

B3.1      THE QUALITY OF THE SERVICE

B3.1.1    The Provider shall provide the Service with due diligence and in a
          proper and skilful manner to the reasonable satisfaction of the
          Authorised Officer.

B3.1.2    The Provider shall be a member of the United Kingdom Homecare
          Association or such other trade association as may assist in the
          furtherance of the Service, and shall act at all times in accordance with
          any relevant code of practice issued by such association.

B3.1.3    Notwithstanding Clause B3.1.2 it is a fundamental term of this Contract
          that the Provider is registered with the Commission for Social Care
          Inspection or its successor in title as established by the Care
          Standards Act 2000.

B3.1.4    Should the Trust be required or decide to institute additional quality
          standards, implementation will be discussed with the Provider under
          Clause B6.




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B3.2      QUALITY STATEMENT

B3.2.1    The Provider is required at the absolute discretion of the Trust to
          submit for the approval of the Trust a Quality Statement in which its
          methods for delivering the Service as specified are detailed, inclusive
          but not exhaustive of:

          - aims and objectives for delivering the Service
          - methods for delivering the Service in accordance with Service Users‟
            Rights
          - recruitment and selection procedures
          - job descriptions
          - training and staff development procedures
          - system of individual staff training records
          - management arrangements
          - supervision and work allocation procedures
          - arrangements for ensuring consistency in delivering the Service
          - quality assurance system
          - cash handling procedures

          The Providers Statement of Purpose submitted to the Commission for
          Social Care Inspection as part of the registration process may be
          submitted toward meeting this requirement in part. The Trust hereby
          reserves its position to seek further clarification on specific issues
          affecting this Clause which are deemed not to be addressed or not
          sufficiently addressed by such document.

B3.3      INFORMATION

B3.3.1    The Provider shall maintain a true and correct set of records relating to
          its performance under this Contract. Such information shall be
          inclusive but not exhaustive of:

             - number of care hours being provided under the Contract;

             - financial level of Service being purchased at any one time;

             - number and type of complaints received;

             - number of occasions when the Provider is unable to deliver a
               Service and the reasons why;

             - number of occasions when a Service User terminates the Service
             and the reasons why.




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B3.3.2    The Trust and the Provider undertake to inform each other as soon as
          possible of any information or changed circumstance, which may affect
          the delivery of the Service or the Contract.

B3.3.3    The Trust reserves the right to carry out such independent vetting of
          the Provider as it considers necessary and to require access upon
          request to financial information particularly in circumstances where the
          continuing viability of the Provider is in question. A statement from an
          independent Chartered Accountant and a banker‟s reference
          confirming the financial viability of the Provider shall be provided
          should the Trust require it.

B3.3.4    Notwithstanding Clause B3.3.3 the Trust may require the submission
          of detailed audited accounts in circumstances where it reasonably
          believes there is a likelihood of catastrophic business failure by the
          Provider. The Provider hereby agrees to comply with such requirement
          and to use its best endeavors to deliver such information to the Trust
          within ten working days.

B4.1      REFERRALS TO THE PROVIDER

B4.1.1    The Provider will receive information regarding the Service User by
          means of the Care Management paperwork and the relevant section of
          the Initial Information Form. Requests for further information from the
          Provider in respect of the Service User shall be considered, but shall
          not be unreasonably withheld.

B4.1.2    Notwithstanding the provisions of Clause B4.1.1 the Provider shall
          deliver the service as more particularly defined in the Personal Plan
          which will be provided by the Trust to the Provider.

B4.1.3    Notwithstanding the provisions of Clause B4.1.1 the Trust and the
          Provider will consider effective and efficient means of referral to the
          Provider as part of the review outlined in B8. Such consideration may
          include „best practice‟ derived from other work of a similar nature
          operated by the Trust or by the Provider in delivering similar work in
          another setting.

B4.2      INSURANCE

B4.2.1    The Provider shall maintain such insurance as is necessary to cover
          liability, loss, claim, damages or proceedings whatsoever arising under
          any statute or at common law and shall indemnify the Trust against
          any and all claims in respect of:

          - any damage to or destruction of property, real or personal;



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          - any injury, illness or disease to persons, fatal or otherwise;

          arising out of or in the course of or in connection with or in
          consequence of the provision of the Service. Cover shall include:

          a.   Employers liability (£10,000,000 in respect of any one incident);
          b.   Public liability (£3,000,000 in respect of any one incident);
          c.   Malpractice (£2,000,000 in annual aggregate)
          d.   Contents (£500 per Service User to cover the personal property of
               each Service User against loss and damage, including theft or
               attempted theft).

B4.2.2    If requested by the Trust, the Provider shall produce evidence that the
          insurances required are properly maintained.

B4.3      HEALTH AND SAFETY

B4.3.1    The Provider shall ensure that the Service is provided with proper
          regard to health and safety legislation comprising all statutes,
          regulations, British Standards and guidance notes relating to health
          and safety relevant to this Contract.

B4.3.2    The Trust shall inform the Provider of any known relevant health and
          safety considerations arising from individual assessments. However,
          the Provider shall remain responsible for the health and safety of its
          staff.

B4.3.3    Any equipment, materials and sundry items belonging to the Provider
          and used in the delivery of the Service, including vehicles used to
          transport the Service User, shall be properly maintained in a safe state
          and have appropriate insurance cover at the Provider‟s expense.

B4.3.4    Notwithstanding the provisions of Clause B4.6.3 the Trust will use its
          best endeavours to ensure that equipment provided by the Trust to the
          Service User within the Service User‟s home is maintained in a safe
          state.

B4.3.5    Notwithstanding the preceding provisions of this Clause B4.6 the Trust
          and the Provider will consider health and safety issues within the
          context of referrals to the Provider as part of the review process
          detailed at B8. Such consideration may include „best practice‟ derived
          from other work of a similar nature operated by the Trust or by the
          Provider in delivering similar work in another setting.




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B4.4      COMPLAINTS

B4.4.1    The Provider will be required to maintain a procedure for receiving and
          investigating complaints and keeping details of how many complaints
          are received and how they are dealt with.
          This procedure must:

          - be publicised to everyone receiving a Service from the Provider

          - ensure that complaints are speedily dealt with and that complaints
            receive a written statement of the Provider‟s response

          - ensure that complainants who are not satisfied with the Provider‟s
            response are informed of their right to refer their complaints to the
            Trust‟s Complaints Manager.

          - ensure that complainants are made aware that they may make a
            complaint to the Commission for Social Care Inspections or its
            successor in title.

B4.4.2    The Provider undertakes to co-operate with any investigation which
          The Trust or the Commission for Social Care Inspection may carry out
          into a complaint referred to it.

B5        TRUST’S OBLIGATIONS

B5.1      FINANCIAL ARRANGEMENTS

B5.1.1    The Trust will pay the Provider weekly in arrears at the rate specified in
          Schedule A of the Personal Plan. Payment will be made via BACS
          within 10 working days of receipt of the Providers invoice

B5.1.2    The Trust will pay for the Service if the Provider is unable to gain
          access to deliver the Service.

B5.1.3    The Service User‟s weekly charge will wherever possible be made to
          the Trust by Direct Debit arrangement. Where this is not possible, the
          Trust will invoice the Service User direct. Where this is not possible,
          payments to the Provider will be made net of the weekly charge to be
          collected by the Provider from the Service User and a receipt provided
          to the Service User. These arrangements will be reviewed periodically
          under Clause B8.

B5.1.4    The Provider will submit a weekly invoice using the approved
          stationery supplied by the Trust.




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B5.1.5           The level of any weekly charge to Service Users shall be set by the
                 Trust. Individual exemptions to this procedure shall be by agreement
                 with the appropriate Authorised Officer. The Provider shall give details
                 of its procedures for handling cash in its Quality Statement.

B5.1.6           The Provider is responsible for any increased costs incurred in
                 providing the Service throughout the Contract Period.

B5.1.7           In April of each year, the Contract Rate shall be adjusted in direct
                 proportion to the sum of the provisions set out below. In the event that
                 any of the relevant indices for the December prior to an Adjustment
                 Date have not been published by the Adjustment Date then the
                 implementation of the adjustment shall be delayed until the publication
                 of the relevant indices with the effect backdated to the Adjustment
                 Date.

          (i)       80% of the percentage change between the average monthly value
                    of the Index of Average Earnings (actual whole economy (LNMM))
                    for the twelve month period ending 31 December immediately
                    preceding the Adjustment Date (“Second Reference Date”) and the
                    average monthly value of the same index for the twelve month
                    period ending 31 December prior to the Second Reference Date
                    (“First Reference Date”); and

          (ii)      20% of the percentage change between the average monthly value
                    of the Retail Price Index (CHAW) for the twelve months ending on
                    the Second Reference Date and the average monthly value of the
                    same index for the twelve months ending on the First Reference
                    Date.

B5.1.8           Notwithstanding the provisions of Clause B5.1.6 and B5.1.7 the
                 Provider may at any time request that the Trust considers the impact
                 on the Service of such other reasonable cost pressures as may affect
                 the reasonable delivery of the Service in the longer term. In such
                 circumstances the Trust may require, and the Provider will supply,
                 such detailed information as may allow the Trust to reasonably
                 consider the assertion made by the Provider.

B6               VARIATION

B6.1             No deletion from, addition to, or variation of this Contract shall be valid
                 unless agreed in writing by both parties such agreement not to be
                 unreasonably withheld.




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B7         MONITORING

B7.1       The Trust shall institute a system to monitor, quantitatively and
           qualitatively, the Service and may modify that system from time to
           time. Such a system may include:

           - Service User surveys (including formal and informal carers);

           - regular progress meetings between Trust and Provider staff. The
           frequency, scope and composition of such meetings shall be at the
           reasonable discretion of the Trust as determined from time to time.

B7.2       The Provider shall institute a Service User-centred system of self-
           monitoring of its Service delivery and shall forward details of this
           system to the Trust as part of its Quality Statement.

B7.3       The Provider shall allow any of the Trust‟s employees nominated for
           the purpose reasonable access to inspect the Service.

B8         REVIEW

B8.1       The welfare, health and progress of the Service User and the
           continuing appropriateness of the individual Service shall be reviewed
           periodically.

B8.2       The review arrangements shall be outlined by the Care Manager on
           the Service Details Sheet and shall be Service User-centered. The
           Provider, the Carer, the Service User (including the Service User‟s
           family) or the Trust may request a review at any time.

B8.3       Both the Trust and the Provider will use their best endeavours to pass
           to each other any information significant to the Service and to notify
           each other as soon as reasonably practicable of any change of
           circumstance which affects this Contract. Any change to the date, time
           or level of Service other than that resulting from unforeseen temporary
           situations shall be by agreement only.

B8.4       The Provider, the Service User of the Trust may request a review at
           any time.

B9         CONFIDENTIALITY

B9.1       The Trust and the Provider mutually agree to respect the confidential
           nature of information pertaining to or arising from this Contract and to
           act accordingly.




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B9.2       The Provider shall have a clear policy with regard to Confidentiality
           which is understood by all Provider staff. The Provider shall include
           details of its confidentiality policy in its Quality Statement.

B9.3       Any information concerning Service Users is subject to the Data
           Protection Act 1998.

B9.4       Any information concerning Service Users is subject to the Freedom of
           Information Act 2000 and the Environmental Information Regulations
           2004.

           Notwithstanding anything to the contrary contained or implied in any
           documents or negotiations leading to the formation of this Spot
           Contract:

           -   the Trust shall be responsible for determining at its absolute
               discretion whether to disclose information forming part of this Spot
               Contract to anyone who makes a reasonable request under the
               provisions of the Freedom of Information Act 2000 (“the Act”) and
               the Environmental Information Regulations 2004 (“the Regulations”
               subject to any Codes of Practice and any relevant exemptions
               under the Act or the Regulations.

           -   the Trust shall reasonably endeavour to consult with the Provider in
               respect of any requests for information made under the Act or the
               Regulations affecting information provided by the Provider and the
               Trust shall have regard to any comments and objections made
               regarding disclosure of the information provided by the Provider.

           Nothing contained in this Spot Contract shall prevent the Trust from
           disclosing information under the provisions of the Act or the
           Regulations any term or condition or information contained in or
           relating to the formation of this Spot Contract.

           The Provider:

           -   shall co-operate with the Trust and supply to it all necessary
               information and documentation required in connection with any
               request for information received by the Trust under the Act or the
               Regulations;

           -   shall supply all such information and documentation at no cost to
               the Trust within five working days of receipt of any request;

           -   acknowledges that any lists or schedules provided outlining
               commercially sensitive information are of indicative value only and



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              the Trust may nevertheless be obliged to disclose the information
              under its obligations under the Act or the Regulations.

B10        DEFAULT

B10.1      The Trust shall have the right to require the Provider to take all
           reasonable steps to ensure that the Service is provided to the required
           standard at all times. This may include directing the Provider

           - to review methods of delivery of the Service
           - to provide training
           - to improve management arrangements
           - to introduce revised procedures

B10.2      The Trust may require the Provider to remedy defaults within a specific
           time. This may include requiring the Provider to offer an alternative
           date or time when it has not been possible to deliver the Service.

B10.3      The Trust may deduct payment in respect of any Service not provided
           to the required standard.

B11        TERMINATION & NOTICE

B11.1      Payment for the Service will cease 3 days following from the date of
           the Users death.

B11.2      The Provider may terminate this Spot Contract in its entirety, even
           though the other party is not in default, by giving 48 hours notice in
           writing. However, in circumstances where the case demands, the
           Trust may, at its discretion agree with the Provider a longer period of
           notice not exceeding 7 days. In the event of termination of the Service,
           the Trust will pay for the service that is due to be provided during the
           notice period. During the period of notice both parties shall co-operate
           to ensure that the interests of the Service User are met whatever new
           arrangements are proposed.

B11.3      The Trust may terminate this Spot Contract in its entirety, even though
           the other party is not in default, by giving a minimum of 48 hours and
           no more than 7 days notice, in writing at the absolute discretion of the
           Trust taking into account the specific circumstances of the case. In the
           event of termination of the Service, the Trust will pay for the service
           that is due to be provided during the notice period.

           The proposal to terminate this spot contract and the reasons for doing
           so must be communicated to the Care Manager and Contracts Section
           at the time notice is given.



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B11.4           The Trust may without prejudice to its other remedies under this
                Contract and without prejudice to any rights of action accrued or
                accruing thereafter to the Trust, terminate this Contract without notice
                and recover from the Provider the amount of any loss resulting from
                such termination, if the Provider:

                persistently commits a serious breach of its obligations under this
                Contract;

                The Provider is in material breach of any of the terms of this Contract
                and, where the breach is capable of remedy, the Provider fails to
                remedy such breach within 28 days‟ or such later period as specified in
                the notice of service of a written notice by the Trust specifying the
                breach and requiring it to be remedied, provided that any such notice is
                served within 3 months of the breach occurring or the Trust becoming
                aware of the breach whichever is the later;

                has its Registration Certificate cancelled;

        (i)        becomes insolvent, or makes a composition or arrangements with
                   its creditors or makes a voluntary arrangement for composition of
                   its debts , or enters into a scheme or arrangements approved in
                   accordance with the Insolvency Act 1986;

        (ii)       is the subject of an application under the Insolvency Act 1986 to the
                   court for the appointment of an administrative receiver;

        (iii)      has a winding-up order made (except for the purposes of
                   amalgamation or reconstruction ) or a resolution in favour of a
                   voluntary winding-up is passed;

        (iv)       has a provisional liquidator, receiver or administrator of its business
                   or undertaking duly appointed;

        (v)        has an administrative receiver as defined in the Insolvency Act
                   1986 appointed;

        (vi)       is in circumstances which entitle the court or a creditor to appoint ,
                   or have appointed a receiver, manager or administrative receiver,
                   or which entitle the court to make a winding-up order;

        (vii)      offers any improper inducements or exerts unreasonable pressure
                   upon prospective Service Users or their relatives, friends or
                   representatives




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        (viii)   takes unreasonable financial advantage of a relationship with any
                 Service User;

        (ix)     has been convicted of an offence under the provisions of the Care
                 Standards Act 2000 and the regulations thereto or any subsequent
                 amendments thereof;

        (x)      shall have committed any offence under the Prevention of
                 Corruption Acts 1889-1916, or given any fee or reward the receipt
                 of which is an offence under section 117(2) of the Local
                 Government Act 1972;

        (xi)     shall have given or offered, or directed or encouraged any other
                 person to give or offer, any undisclosed or illicit fee, gift reward or
                 inducement of any kind to any elected member or officer of the
                 Trust or any Local Authority or NHS Trust in order to gain unfair
                 advantage in relation to this Contract or any other contract; and/or

        (xii)    shall have offered or given or agreed to give to any person any gift
                 or consideration of any kind as an inducement or reward for doing
                 or forbearing to do or for having done or forborne to do any action
                 in relation to the obtaining or execution of this Contract or of any
                 other contract with the Trust on behalf of Northumberland County
                 Council (“the Council”), or for showing or forbearing to show favour
                 or disfavour to any person in relation to the contract or any other
                 contract with the Council

B11.5            If the Trust does exercise its right to terminate the Contract, the
                 Trust shall retake possession of any materials, clothing, equipment
                 or other goods belonging to the Trust

B11.6            The Provider may terminate this Agreement by written notice in the
                 event that:

                 (i)    the Trust fails to make payment of any amount due on any
                        single invoice under this Contract, or is persistently late in
                        making payment of such amount in which case the Provider
                        shall be entitled to terminate upon 28 days notice; and/or

                 (ii)   the Trust is in material breach of any of the terms of this
                        Contract and, where the breach is capable of remedy, the
                        Trust fails to remedy such breach within 28 days‟ of service
                        of a written notice by the Provider specifying the breach and
                        requiring it to be remedied, provided that any such notice is
                        served within 3 months of the breach occurring or the




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                     Provider becoming aware of the breach whichever is the
                     later; and/or

B11.7         Termination of this Contract shall have no effect on the entitlement
              of either party to the payments of any sums falling due under this
              Contract prior to the date upon which termination takes effect.

B12        STATUTORY OBLIGATIONS

B12.1      The Provider shall comply with all statutory regulations and
           enactments relating directly or indirectly to the provision of the Service.
           In particular, the Provider will note the Trust‟s current and future
           obligations under the Data Protection Act 1998, Freedom of
           Information Act 2000, Human Rights Act 1998, Disability Discrimination
           Act 1995 and race Relations Act 1976 (all as amended from time to
           time) and any codes of practice and best practice guidance issued by
           government and the appropriate enforcement agencies.

B12.2      Subject to the provisions of Clause 9:

B12.2.1    The Provider will comply with the above legislation in so far as it places
           obligations upon the Provider in the performance of its obligations
           under this Contract.

B12.2.2    The Provider will facilitate the Trust‟s compliance with the Trust‟s
           obligations under these provisions and comply with any reasonable
           request from the Trust for that purpose.

B12.2.3    The Provider will act in respect of any Service User as if the Provider
           were a public authority for the purpose of the Human Rights Act 1998.

B12.2.4    The Provider notes particularly that the Trust may be required to
           provide information relating to this Contract or the provider to a person
           or persons in order to comply with its obligations under these
           provisions.

B13        DISPUTE RESOLUTION

B13.1      If a dispute arises between the Parties in connection with any matter
           the Parties shall resolve such dispute by the following procedure:

           the Parties shall in good faith seek to resolve the dispute through
           negotiation;

           if the dispute cannot be settled by negotiation within twenty one (21)
           days or such other period as agreed between the Parties either Party



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           may in good faith seek to resolve that dispute through mediation under
           the auspices of a mediator;

           the Mediator shall be appointed by agreement between the Parties
           within fourteen (14) days of one Party requesting mediation, failing
           which the mediator will be appointed on the application of either Party
           by the Centre for Effective Dispute Resolution (“CEDR”)

           The costs of any mediation shall be determined by the mediator;

           If the dispute is not resolved within thirty (30) days of appointment of
           the mediator of if one of the Parties refuses to participate in the
           mediation, either Party may refer the dispute to the English Courts.

B14        REPRESENTATIVES

B14.1      The Authorised Officer shall be the Director of Social Care and County-
           Wide Services or such representative or representatives as may be
           appointed by the Trust to act in the name of the Trust for the purposes
           of this Contract.

B14.2      The Provider shall designate an Authorised Representative for all
           purposes connected with the Contract. Any instruction given or made
           to the Authorised Representative or deputy shall be deemed to have
           been given to the Provider. The Provider shall inform the Trust of its
           procedure for being contacted in cases of emergency outside office
           hours.

B14.3      Both the Authorised Officer and the Authorised Representative may in
           turn appoint representatives to act on their behalf and shall inform the
           other party in such cases.

B15        ASSIGNMENT

B15.1      Neither party may assign or sub-let this Contract, in whole or in part, to
           any third party, without the prior written consent of the other party,
           such consent not to be unreasonably withheld.

B16        RIGHTS OF THIRD PARTIES

B16.1      The parties to this Contract do not intend that any of its other terms will
           be enforceable by virtue of the Contracts (Rights of Third Parties) Act
           1999 by any person not a party to it.




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B17        FORCE MAJEURE

B17.1      The Provider shall not be liable for any default in the performance of
           this Contract by reason of an Act of God, any act of Government, war
           or consequence of the effects of war and/or civil unrest.

B18        JURISDICTION

B18.1      This Contract shall be governed by and construed in accordance with
           the law of England.

B19        WAIVER AND SEVERANCE

B19.1      Failure by the Trust at any time to enforce the provisions of this
           Contract or to require performance by the Provider of any of the
           provisions of this Contract shall not be construed as a waiver of any
           such provision and shall not affect the validity of this Contract or any
           part thereof or any right of the Trust to enforce any provision in
           accordance with its terms.

B19.2      If any provision of this Contract shall become or shall be declared by
           any court of competent jurisdiction to be invalid or unenforceable in
           any way, such invalidity or lack of enforceability shall in no way impair
           or affect any other provision of the Contract all of which shall remain in
           full force and effect.

B20        NOTICES

B20.1      Notices from the Provider must be addressed to the Authorised Officer,
           or to such other person or location as the Authorised Officer may
           advise, and must be delivered by hand, or by letter sent by recorded
           delivery or by facsimile provided that all notices sent by facsimile must
           also be sent to the Authorised Officer by first class post on the date of
           the sending of the facsimile. Any notice sent by facsimile shall be
           treated as given at the date of receipt.

B20.2      Notices by the Trust must be addressed to the Provider at the
           Establishment unless the Provider advises otherwise and must be
           delivered by hand, or by letter sent by recorded delivery or by
           facsimile, provided that all notices sent by facsimile must also be sent
           to the Authorised Representative by first class post on the date of the
           sending of the facsimile. Any notice sent by facsimile shall be treated
           as given at the date of receipt.

B20.3      Any notice given by letter will be treated as being given at the time at
           which the letter would be delivered in the ordinary course of first class



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           post and if sent by recorded delivery, shall be treated as having been
           given at the time at which the letter is delivered by the recorded
           delivery service. Any notice delivered by hand will be treated as being
           given upon delivery. Proof that any notice was properly addressed and
           posted will be sufficient proof of service by post.




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                          SECTION C. SPECIFICATION

C1         GENERAL

C1.1       The Specification is written in terms of expected outcomes. The
           Provider is required to submit a Quality Statement in accordance with
           B3.2 in which its methods for delivering the Service will be detailed.

C1.2       The Provider is referred to the following publications which deal with
           aims, objectives and practice regarding home care:

           United Kingdom Home Care Association – Code of Practice

           Joint Advisory Group of Domiciliary Care Associations – Standards in
           Domiciliary Care

           Social Services Inspectorate – Developing Quality Standards for Home
           Support Services

           Commission for Social Care Inspection – National Minimum Standards
           for Domiciliary care

C2         AIMS

C2.1       The Provider will:

           -   provide high quality personal care and practical help to people and
               their carers living in their own homes whose ability to meet their
               own needs for independent living without external assistance is
               significantly impaired;

           -   aim to minimise the detrimental effects of ageing, illness and
               disability upon Service Users, carers and families and to enhance
               self-help and independence;

           -   adopt an educative and rehabilitative approach to maximise the
               potential and ability of Carers and Service Users.

C3         EQUALITY & DIVERSITY

C3.1       The Trust is committed to ensuring that access to appropriate Services
           is not denied to people because of their age, ethnic origins, gender,
           sexual orientation or disability.

C3.2       The Provider shall not:




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           (a) discriminate directly or indirectly, or by way of victimisation or
               harassment, against any person on grounds of colour, race,
               nationality, or ethnic or national origins contrary to Part II
               (Discrimination in the Field of Employment) of the Race Relations
               Act 1976, as amended (the Act); and/or;

           (b) discriminate directly or indirectly or by way of victimisation or
               harassment against any person on grounds of colour, race,
               nationality, or ethnic or national origins contrary to Part III of the Act
               (Discrimination in Other Fields); and/or

           (c) contravene Part IV of the Act (Other Unlawful Acts).

C3.3       Where in connection with this Contract the Provider, its agents or
           subcontractors, or the Provider Staff are required to carry out work on
           the Trust‟s Premises or alongside the Trust‟s employees on any other
           premises, the Provider shall comply with the Trust‟s Racial
           Discrimination and Equal Opportunities Policy.

C3.4       The Provider shall notify the Authorised Officer forthwith in writing as
           soon as it becomes aware of any investigation of or proceedings
           brought against the Provider under the Act.

C3.5       Where any investigation is undertaken by a person or body
           empowered to conduct such investigation and/or proceedings are
           instituted in connection with any matter relating to the Provider‟s
           performance of this Contract being in contravention of the Act, the
           Provider shall, free of charge:

           (a) provide any information requested in the timescale allotted;

           (b) attend any meetings as required and permit Provider Staff to attend
               such meetings;

           (c) promptly allow access to and investigation of any documents or
               data deemed to be relevant;

           (d) allow itself and any Provider Staff to appear as witness in any
               ensuing proceedings; and

           (e) co-operate fully and promptly in every way required by the person
           or body conducting such investigation during the course of that
               investigation.

C3.6       Where any investigation is conducted or proceedings are brought
           under the Act which arise directly or indirectly out of any act or
           omission of the Provider, its agents or subcontractors, or the Provider


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           Staff, and where there is a finding against the Provider in such
           investigation or proceedings, the Provider shall indemnify the Trust
           with respect to all costs, charges and expenses (including legal and
           administrative expenses) arising out of or in connection with any such
           investigation or proceedings and such other financial redress to cover
           any payment the Trust may have been ordered or required to pay to a
           third party.

C3.7       In the event that the Provider enters into any sub-contract in
           connection with this Contract, it shall impose obligations on its sub-
           contractors in terms substantially similar to those imposed on it
           pursuant to Conditions 3.3 to 3.7 (inclusive).

C3.8       The Contractor shall not unlawfully discriminate (whether directly or
           indirectly) within the meaning and scope of any law enactment order or
           regulation relating to discrimination (whether in race general religion
           disability sexual orientation or otherwise) in employment.

C3.9       The Contractor shall take all reasonable steps to secure the
           observance of Clause 3.8 by all employees or agents of the Contractor
           and all suppliers and sub-contractors employed in the execution of the
           Contract.

C4         THE SERVICE

C4.1       The Provider will deliver a Service within the full range of caring tasks
           to the Service User in their own home, including personal care tasks,
           that carers would reasonably be expected to undertake.

C4.2       The Service shall be provided in a flexible manner tailored to the needs
           of the Service User and in accordance with the Service User‟s Rights
           as stated in paragraph C6.

C4.3       The Provider shall deliver the Service as agreed, between the times
           stated, on the Service Details Sheet.        Except for unforeseen
           circumstances, Provider staff shall attend within fifteen minutes of
           agreed time and remain for the agreed period. Any proposed
           permanent variation to the agreed time must be agreed with the Care
           Manager, the Service User and, where applicable, the carer.

C4.4       The minimum attendance time on any individual visit to a single User
           shall be 15 minutes.




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C5         CHALLENGING BEHAVIOUR

C5.1       The Provider has the right to act in the best interests of their staff.
           Where the Provider is concerned that a Service User‟s behaviour is
           adversely affecting the health, safety, comfort and quality of life of
           others, the Provider may

           -   discuss the matter with the Service User
           -   discreetly, sensitively and with regard to confidentiality gauge the
               response of those affected by such behaviour
           -   bring the matter to the attention of the Care Manager and, if
               appropriate, to relatives or carers
           -   involve other specialist professionals as agreed with the Care
               Manager
           -   take such action, including withholding part or parts of the Service,
               only as is absolutely necessary to protect the health, safety,
               comfort and quality of life of others.

C5.2       The Provider shall not use unacceptable physical restraints or threats.

C5.3       The appropriateness and level of medical intervention to address
           challenging behaviour, including the administration of drugs or
           medication, shall be decided only by a GP or Consultant. The Care
           Manager shall be informed as soon as possible of any such
           intervention.

C6         SERVICE USERS’ RIGHTS

C6.1       The Trust requires the Service to be provided in accordance with the
           following:

           PRIVACY

           The right of individuals to be left alone or undisturbed and free from
           intrusion or public attention into their affairs.

           Service Users also have a right to be aware of, and have access to,
           information and records held pertaining to them and the procedures for
           maintaining confidentiality.

           DIGNITY

           The recognition of the intrinsic value of people regardless of
           circumstances by respecting their uniqueness and their personal
           needs, including the right to decide how they wish to be addressed.




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           INDEPENDENCE

           The opportunity to act and think without reference to another person,
           including a willingness to incur a degree of calculated risk.

           CHOICE

           The opportunity to select independently from a range of options.
           Service Users have the right to integrated, accessible Services
           provided flexibly for their benefit in the least restrictive way possible.

           RIGHTS

           The maintenance of all entitlements associated with citizenship.

           Service Users also have the right to be involved in the decision-making
           process as it affects them, including the right reasonably to refuse a
           part of the Service and to comment on the Service, by means of an
           independent advocate if necessary, without fear of reprisal.

           FULFILMENT

           The realisation of personal aspirations and abilities in all aspects of
           daily life.

           Service Users should be encouraged and enabled to maintain links
           with family, friends, carers and communities and to enter into activities
           and relationships in the wider community, with a view to independent
           living wherever possible.

           The Service shall ensure that Service Users‟ cultural, emotional and
           spiritual needs are treated and met with understanding and support as
           necessary.

C7         PROCEDURE

C7.1       Requests for the Service using the appropriate care management
           forms will be forwarded to the Provider by a Care Manager following
           the Team Manager‟s approval. The Care Manager, the Provider and,
           where possible, the Service User shall agree the Service to be
           provided and the frequency or number of hours to be allocated by fax-
           back.

C7.2       The Provider will as far as possible match the appropriate worker with
           the needs and choices of the Service User and shall not change the
           worker other than for reasons of emergency or temporary cover. The



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           Care Manager and the Service User shall be notified of any intention to
           change the worker.

C7.3       Variations other than those of a temporary nature which affect the
           agreed level of Service shall be by agreement with the Care Manager
           and the approval of the Authorised Officer.

C7.4       When the Provider has been unable to deliver the Service, the Care
           Manager shall be informed as soon as possible by writing or fax. In
           cases where the Provider cannot gain access the Provider shall
           attempt to establish that there is no threat to the Service User‟s or
           Carer‟s health and safety.

C7.5       The Provider may refuse a referral where

           a)     the referral is outside the Purpose, Scope or level of Service
                  contained within this Contract;

           b)     provider staff may be exposed to unacceptable health and
                  safety risks or unacceptable behaviour.

C7.6       The proposal to refuse a referral and the reasons for so doing must be
           communicated to the Care Manager within three working days of the
           request for Service.

C8         STAFFING

C8.1       The Provider shall employ in and about the provision of the Service
           only such persons as are suitably trained, qualified, skilled,
           experienced, honest and careful. The Provider must include the
           relevant details in its Quality Statement.

C8.2       The Provider shall ensure that proper precautions are taken when
           recruiting and selecting staff. Appropriate Criminal Records Bureau
           checks will be undertaken in respect of all staff in line with advice and
           guidance issued by the Commission for Social Care Inspection or its
           successor in title from time to time.

C8.3       During the delivery of the Service, Provider staff shall not smoke, shall
           not expect a meal to be provided by the Service User or carer and
           shall not be accompanied by relatives, friends or pets.

C8.4       Provider staff shall not attempt to sell anything to, or to borrow
           anything from Service Users or carers.

C8.5       Provider staff shall not accept gifts from Service Users or carers.



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C8.6       Provider staff shall carry proof of identity validated by a representative
           of the Provider authorised to do so and which shall contain a current
           photograph of the staff member. Provider staff shall carry their identity
           cards at all times when delivering the Service and shall produce them
           when asked to do so by Service Users, their relatives or carers, or
           representatives of the Trust.

C8.7       The Provider shall ensure adequate staffing and management
           arrangements to support Service delivery and shall include details of
           these arrangements in its Quality Statement.

C9         DEVELOPMENT

C9.1       The Trust and the Provider shall explore ways of responding to the
           changing needs of Service Users in particular and the Service in
           general. Suggestions from the Provider for improving the Service will
           be welcomed.

C9.2       The Trust may suggest, and the Provider may offer, additional tasks
           and Services which fall within the scope of this Contract. The Trust
           and the Provider may also suggest ways of re-organising Service
           delivery for the benefit of Service Users.

C9.3       Where there is a financial implication, the cost of any additional tasks
           and Services shall be agreed with the Provider.




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