Common use of Cell Condition Clause in Contracts

Cell Condition. (a) The Contractor must not accommodate Prisoners in any cell at the Prison which is not fit for purpose. In order for a cell to be fit for purpose it must satisfy the following requirements: (i) the cell alarm, which has an integrated cell call intercom system to allow for emergency communication during lock down periods, must be fully operational; (ii) the fire and smoke detection system must be fully operational; (iii) the officer lock on the cell door must be fully operational and the inspection window on the cell door must be enclosed with hardened transparent material; (iv) the window and frame must be secure and in good condition; (v) the toilet, shower and handbasin must be fully operational; (vi) the cell must have access to a supply of potable water; (vii) the cell inspection lights must be fully operational; (viii) all power and light fittings must be safe; (ix) if the cell is used for a special purpose such as punishment, observation or crisis care, it must be free of any hanging points and closed circuit television must be installed and operational; (x) the furniture and fittings must be in serviceable condition; and (xi) the cell must be free of health and safety hazards. (b) Except as set out in section 2.4(d) of Schedule 4, the Contractor acknowledges that all cells in the Prison are fit for purpose as at the Commencement Date, subject to any issues identified by a review of cell condition to be completed jointly by the Contractor and the State prior to the Commencement Date. The Contractor and the State must each maintain a register of cells which are fit for purpose. (c) The Contractor must notify the State as soon as practicable, but in any event within 24 hours, if any cell ceases to be fit for purpose and of the reasons why the cell has ceased to be fit for purpose. If the reason that the cell is not fit for purpose is due to a requirement for Prison Maintenance or an act or omission of the Maintenance Contractor, the Contractor must notify the Maintenance Contractor at the same time as it notifies the State. The Contractor must notify the State as soon as practicable after it becomes aware that the cell is fit for purpose again. Each of the State and the Contractor must update its register of cells by reference to the notifications under this subclause. (d) If one or more Prisoners must be moved out of the Prison because of unavailability of cells due to a requirement for Prison Maintenance or an act or omission of the Maintenance Contractor, the State must continue to pay the Contractor the Operation Payments as if those Prisoners remained at the Prison, provided that the State may deduct an amount equal to any cost savings achieved by the Contractor as a result of the reduced number of Prisoners in the Prison. The Contractor must, on request by the State, provide the State with a reasonable estimate of the cost savings achieved as a result of the reduced number of Prisoners at the Prison.

Cell Condition. (a) The Contractor must not accommodate Prisoners in any cell at the Prison Facility which is not fit for purpose. In order for a cell to be fit for purpose it must satisfy the following requirements:requirements (Cell Requirements): (i) the cell alarm, which has an integrated cell call intercom system to allow for emergency communication during lock down periods, must be fully operational; (ii) the fire and smoke detection system must be fully operational; (iii) the officer lock on the cell door must be fully operational and the inspection window on the cell door must be enclosed with hardened transparent material; (iv) the window and frame must be secure and in good condition; (v) the toilet, shower and handbasin must be fully operational; (vi) the cell must have access to a supply of potable water; (vii) the cell inspection lights must be fully operational; (viii) all power and light fittings must be safe; (ix) if the cell is used for a special purpose such as punishment, observation or crisis care, it must be free of any hanging points and closed circuit television must be installed and operational; (x) the furniture and fittings must be in serviceable condition; and (xi) the cell must be free of health and safety hazards. (b) Except as set out in section 2.4(d) of Schedule 4, the The Contractor acknowledges that all cells in the Prison Facility are fit for purpose as at the Services Commencement Date, subject to any issues identified by a review of cell condition to be completed jointly by in the Contractor and the State prior to the Commencement Date. The Contractor and the State must each maintain a register of cells which are fit for purposeagreed Enabling Works Plan. (c) The Contractor must notify the State Principal as soon as practicable, but in any event within 24 hours, if any cell ceases to be fit for purpose and of the reasons why the cell has ceased to be fit for purpose. If the reason that the cell is not fit for purpose is due to a requirement for Prison Maintenance or an act or omission of the Maintenance Contractor, the Contractor must notify the Maintenance Contractor at the same time as it notifies the State. The Contractor must notify the State Principal as soon as practicable after it becomes aware that the cell is fit for purpose again. Each of the State Principal and the Contractor must update its register of cells by reference to the notifications under this subclause. (d) If one or more Prisoners must be moved out of the Prison because of unavailability of cells due to a requirement for Prison Maintenance or an act or omission of the Maintenance Contractor, the State must continue to pay the Contractor the Operation Payments as if those Prisoners remained at the Prison, provided that the State may deduct an amount equal to any cost savings achieved by the Contractor as a result of the reduced number of Prisoners in the Prison. The Contractor must, on request by the State, provide the State with a reasonable estimate of the cost savings achieved as a result of the reduced number of Prisoners at the Prison.

Cell Condition. (a) ‌ The Contractor must not accommodate Prisoners in any cell Cell at the Prison which is not fit Fit for purposePurpose. In order for a cell Cell to be fit Fit for purpose Purpose it must satisfy the following requirements: (i) the cell alarm, which has an integrated cell call intercom system to allow for emergency communication during lock down periods, must be fully operational; (ii) the fire and smoke detection system must be fully operational; (iii) the officer lock on the cell door must be fully operational and the inspection window on the cell door must be enclosed with hardened transparent material; (iv) the window and frame must be secure and in good condition; (v) the toilet, shower and handbasin must be fully operational; (vi) the cell Cell must have access to a supply of potable water; (vii) the cell inspection lights must be fully operational; (viii) all power and light fittings must be safe; (ix) if the cell Cell is used for a special purpose such as punishment, observation or crisis care, it must be free of any hanging points and closed circuit television CCTV (if installed) must be installed and operational; (x) the furniture and fittings must be in serviceable condition; and (xi) the cell Cell must be free of health and safety hazards. (b) Except as set out in section 2.4(d) of Schedule 4, the . The Contractor acknowledges that all cells Cells in the Prison are fit Fit for purpose Purpose as at the Operations Commencement Date, subject to any issues identified by a review of cell Cell condition to be completed jointly by the Contractor and the State prior to the Operations Commencement Date. The Contractor and the State must each maintain a register of cells which are fit for purpose. (c) The Contractor must notify the State as soon as practicable, but in any event within 24 hours, if any cell Cell ceases to be fit Fit for purpose Purpose and of the reasons why the cell Cell has ceased to be fit Fit for purposePurpose. If the reason that the cell is not fit any Cell ceases to be Fit for purpose is due to a requirement for Prison Maintenance or an act or omission of the Maintenance ContractorPurpose, the Contractor must notify make the Maintenance Contractor at Cell Fit for Purpose within the same time as it notifies frames set out in Schedule 3, or if no time frame is specified in Schedule 3, within a reasonable time notified by the State. The Contractor must notify the State as soon as practicable after it becomes aware that the cell Cell is fit Fit for purpose Purpose again. Each of the State and the Contractor must update its register of cells by reference to the notifications under this subclause. (d) If one or more Prisoners must be moved out of the Prison because of unavailability of cells due to a requirement for Prison Maintenance or an act or omission of the Maintenance Contractor, the State must continue to pay the Contractor the Operation Payments as if those Prisoners remained at the Prison, provided that the State may deduct an amount equal to any cost savings achieved by the Contractor as a result of the reduced number of Prisoners in the Prison. The Contractor must, on request by the State, provide the State with a reasonable estimate of the cost savings achieved as a result of the reduced number of Prisoners at the Prison.

Cell Condition. ‌ (a) The Contractor must not accommodate Prisoners in any cell at the Prison Facility which is not fit for purpose. In order for a cell to be fit for purpose it must satisfy the following requirements:requirements (Cell Requirements): (i) the cell alarm, which has an integrated cell call intercom system to allow for emergency communication during lock down periods, must be fully operational; (ii) the fire and smoke detection system must be fully operational; (iii) the officer lock on the cell door must be fully operational and the inspection window on the cell door must be enclosed with hardened transparent material; (iv) the window and frame must be secure and in good condition; (v) the toilet, shower and handbasin must be fully operational; (vi) the cell must have access to a supply of potable water; (vii) the cell inspection lights must be fully operational; (viii) all power and light fittings must be safe; (ix) if the cell is used for a special purpose such as punishment, observation or crisis care, it must be free of any hanging points and closed circuit television must be installed and operational; (x) the furniture and fittings must be in serviceable condition; and (xi) the cell must be free of health and safety hazards. (b) Except as set out in section 2.4(d) of Schedule 4, the The Contractor acknowledges that all cells in the Prison Facility are fit for purpose as at the Services Commencement Date, subject to any issues identified by a review of cell condition to be completed jointly by in the Contractor and the State prior to the Commencement Date. The Contractor and the State must each maintain a register of cells which are fit for purposeagreed Enabling Works Plan. (c) The Contractor must notify the State Principal as soon as practicable, but in any event within 24 hours, if any cell ceases to be fit for purpose and of the reasons why the cell has ceased to be fit for purpose. If the reason that the cell is not fit for purpose is due to a requirement for Prison Maintenance or an act or omission of the Maintenance Contractor, the Contractor must notify the Maintenance Contractor at the same time as it notifies the State. The Contractor must notify the State Principal as soon as practicable after it becomes aware that the cell is fit for purpose again. Each of the State Principal and the Contractor must update its register of cells by reference to the notifications under this subclause. (d) If one or more Prisoners must be moved out of the Prison because of unavailability of cells due to a requirement for Prison Maintenance or an act or omission of the Maintenance Contractor, the State must continue to pay the Contractor the Operation Payments as if those Prisoners remained at the Prison, provided that the State may deduct an amount equal to any cost savings achieved by the Contractor as a result of the reduced number of Prisoners in the Prison. The Contractor must, on request by the State, provide the State with a reasonable estimate of the cost savings achieved as a result of the reduced number of Prisoners at the Prison.

Cell Condition. (a) The Contractor must not accommodate Prisoners in any cell at the Prison which is not fit for purpose. In order for a cell to be fit for purpose it must satisfy the following requirements: (i) the cell alarm, which has an integrated cell call intercom system to allow for emergency communication during lock down periodscommunication, must be fully operational; (ii) the fire and smoke detection system must be fully operational; (iii) the officer lock on the cell door must be fully operational and the inspection window on the cell door must be enclosed with hardened transparent material; (iv) the window and frame must be secure and in good condition; (v) the toilet, shower and handbasin hand basin must be fully operational; (vi) the cell must have access to a supply of potable water; (vii) the cell inspection lights must be fully operational; (viii) all power and light fittings must be safe; (ix) if the cell is used for a special purpose such as punishment, observation or crisis care, it must be free of any hanging points and closed circuit television must be installed and operational; (x) the furniture and fittings must be in serviceable condition; and (xi) the cell must be free of health and safety hazards. (b) Except as set out in section 2.4(d) of Schedule 4, the The Contractor acknowledges that all cells in the Prison are fit for purpose as at the Commencement Date or Extended Commencement Date, subject to any issues identified by a review of cell condition to be completed jointly by as the Contractor and the State prior to the Commencement Datecase may be. The Contractor and the State must each maintain a register of cells which are fit for purpose. (c) The Contractor must notify the State as soon as practicable, but in any event within 24 hours, if any cell ceases to be fit for purpose and of the reasons why the cell has ceased to be fit for purpose. If the reason that the cell is , including not fit for purpose is due to a requirement for Prison Maintenance or an act or omission of the Maintenance Contractor, the Contractor must notify the Maintenance Contractor at the same time as it notifies the StateMaintenance. The Contractor must notify the State as soon as practicable after it becomes aware that the cell is fit for purpose again. Each of the State and the Contractor must update its register of cells by reference to the notifications under this subclause. (d) If one or more Prisoners must be moved out of Subject to the Prison because of unavailability of cells Contractor's compliance with its obligations in clause 10.3(c) and 10.5(c), if the Cell Conditions for a cell are not satisfied solely due to a requirement failure by the State to carry out Prison Maintenance: (i) the Cell Conditions for Prison Maintenance or an act or omission that cell will be deemed to be satisfied for the purposes of calculating the Actual Available Prisoner Accommodation Days (APADa) pursuant to Schedule 2; and (ii) the Contractor will not be in breach of this Agreement if any breach of the Maintenance Contractor, the State must continue to pay the Contractor the Operation Payments as if those Prisoners remained at the Prison, provided that the State may deduct an amount equal to any cost savings achieved by the Contractor 's Obligations arises as a direct result of the reduced number of Prisoners in the Prison. The Contractor must, on request failure by the StateState to carry out Prison Maintenance. (e) Any dispute as to a cell being unfit (or not fit) contrary to clause 10.5(a) is to be resolved using clause 27, provide but the State with a reasonable estimate of the cost savings achieved as a result of the reduced number of Prisoners at the Prisontime frames in sub clauses 27.1(a) and 27.2 are to be abridged to 5 days.