2011/06/01 Council Agenda Packet

• z • Special Terms and Conditions d. Contractor shall not require client, client's guardian and/or client's legal representative to enter into any agreement releasing or limiting contractor's legal liability for injuries arising out of premises operation, acts of independent contractors, products completion, or personal injuries sustained due to contractor's negligence in connection with providing services under this contract unless contractor, at the same time, requires client, client's guardian and/or client's legal representative to release the State of Washington and all of its agencies, agents, contractors, servants and employees from liability for any acts of contractor causing injuries arising out of premises operation, acts of independent contractors, products completion, or personal injuries sustained due to contractor's negligence in connection with providing services under this contract. e. Further Requirements.for Agency and Licensed Facilities: • (1) The Contractor shall not provide care if there is no vacant bed in the licensed home or the provision of care exceeds the number of licensed beds in the home. (2) The Contractor shall ensure that they or their care providers possess the following minimum qualifications: (a) Be twenty-one (21) years of age or older; (b) Possess the following minimum standards of knowledge and experience: i. General knowledge of acceptable standards of performance, including the necessity to perform dependably, report punctually, maintain flexibility, and to demonstrate kindliness and caring to the client; and ii. Knowledge of when and how to contact the client's representative and the client's case manager. (c) Adequate skills to read, either directly or through an interpreter, understand, and implement the services authorized in the plan; (d) Adequate communication skills to convey and understand, either directly or through an interpreter, information required to implement the client's written service plan(s) and verbal instructions; and • (e) Adequate skills to maintain provider records of services performed and payments received. (3) The Contractor shall ensure that the care providers are able to: (a) Understand specific directions for providing the care that an individual client requires; (b) Provide services within the scope of practice for their profession/skill level; (c) Observe the client for change in health status, including weakness, confusion, and loss of appetite; (d) Identify problem situations and take appropriate action; (e) Respond to emergencies without direct supervision; and (f) Accept the client's individual differences and preferences when performing routine tasks. DSHS Central Contract Services 1735LP Agency Respite Care Interlocal(9-28-10) Page 11 28