Common use of Conduct of and responsibility for CONTRACTOR personnel Clause in Contracts

Conduct of and responsibility for CONTRACTOR personnel. (a) While performing the Services, CONTRACTOR’s personnel and subcontractors must: (1) Comply with applicable State rules, and regulations and HHSC’s requests regarding personal and professional conduct generally applicable to the service locations; and (2) Otherwise conduct themselves in a businesslike and professional manner. (b) If HHSC determines in good faith that a particular employee or subcontractor is not conducting himself or herself in accordance with this Section, HHSC may provide CONTRACTOR with notice and documentation concerning such conduct. Upon receipt of such notice, CONTRACTOR must promptly investigate the matter and take appropriate action that may include: (1) Removing the employee from the project; (2) Providing HHSC with written notice of such removal; and (3) Replacing the employee with a similarly qualified individual acceptable to HHSC. (c) Nothing in the Agreement will prevent CONTRACTOR, at the request of HHSC, from replacing any personnel who are not adequately performing their assigned responsibilities or who, in the reasonable opinion of HHSC’s Project Director, after consultation with CONTRACTOR, are unable to work effectively with the members of the HHSC’s staff. In such event, CONTRACTOR will provide replacement personnel with equal or greater skills and qualifications as soon as reasonably practicable. Replacement of Key Personnel will be subject to HHSC review and approval. The Parties will work together in the event of any such required replacement so as not to disrupt the overall project schedule. (d) CONTRACTOR agrees that anyone employed by CONTRACTOR to fulfill the terms of the Agreement is an employee of CONTRACTOR and remains under CONTRACTOR’s sole direction and control. (e) CONTRACTOR agrees to be responsible for the following in respect to its employees: (1) Any and all employment taxes and/or other payroll withholding; (2) Damages incurred by CONTRACTOR’s employees within the scope of their duties under the Agreement; and (3) Determination of the hours to be worked and the duties to be performed by CONTRACTOR’s employees. CONTRACTOR agrees and will inform its employees and subcontractor(s) that there is no right of action against HHSC for any duty owed by CONTRACTOR pursuant to this Agreement. CONTRACTOR understands that HHSC does not assume liability for the actions of, or judgments rendered against, the CONTRACTOR, its employees, agents or subcontractors. CONTRACTOR agrees that it has no right to indemnification or contribution from HHSC for any judgments rendered against CONTRACTOR or its subcontractors. HHSC’s liability to the CONTRACTOR’s employees, agents and subcontractors, if any, will be governed by the Texas Tort Claims Act, as amended or modified (TEX. CIV. PRACT. & REM. CODE §101.001 et seq.).

Conduct of and responsibility for CONTRACTOR personnel. (a) While performing the Services, CONTRACTOR’s personnel and subcontractors must: (1) Comply with applicable State rules, and regulations and HHSC’s requests regarding personal and professional conduct generally applicable to the service locations; and (2) Otherwise conduct themselves in a businesslike and professional manner. (b) If HHSC determines in good faith that a particular employee or subcontractor is not conducting himself or herself in accordance with this Section, HHSC may provide CONTRACTOR with notice and documentation concerning such conduct. Upon receipt of such notice, CONTRACTOR must promptly investigate the matter and take appropriate action that may include: (1) Removing the employee from the project; (2) Providing HHSC with written notice of such removal; and (3) Replacing the employee with a similarly qualified individual acceptable to HHSC. (c) Nothing in the Agreement will prevent CONTRACTOR, at the request of HHSC, from replacing any personnel who are not adequately performing their assigned responsibilities or who, in the reasonable opinion of HHSC’s Project Director, after consultation with CONTRACTOR, are unable to work effectively with the members of the HHSC’s staff. In such event, CONTRACTOR will provide replacement personnel with equal or greater skills and qualifications as soon as reasonably practicable. Replacement of Key Personnel will be subject to HHSC review and approval. The Parties will work together in the event of any such required replacement so as not to disrupt the overall project schedule. (d) CONTRACTOR XXXXXXXXXX agrees that anyone employed by CONTRACTOR to fulfill the terms of the Agreement is an employee of CONTRACTOR and remains under CONTRACTOR’s sole direction and control. (e) CONTRACTOR agrees to be responsible for the following in respect to its employees: (1) Any and all employment taxes and/or other payroll withholding; 4.1 Subject: HHSC Uniform Contract Terms & Conditions (2) Damages incurred by CONTRACTOR’s employees within the scope of their duties under the Agreement; and (3) Determination of the hours to be worked and the duties to be performed by CONTRACTOR’s employees. CONTRACTOR agrees and will inform its employees and subcontractor(s) that there is no right of action against HHSC for any duty owed by CONTRACTOR pursuant to this Agreement. CONTRACTOR understands that HHSC does not assume liability for the actions of, or judgments rendered against, the CONTRACTOR, its employees, agents or subcontractors. CONTRACTOR XXXXXXXXXX agrees that it has no right to indemnification or contribution from HHSC for any judgments rendered against CONTRACTOR or its subcontractors. HHSC’s liability to the CONTRACTOR’s employees, agents and subcontractors, if any, will be governed by the Texas Tort Claims Act, as amended or modified (TEX. CIV. PRACT. & REM. CODE §101.001 et seq.).

Conduct of and responsibility for CONTRACTOR personnel. (a) While performing the Services, CONTRACTOR’s personnel and subcontractors must: (1) Comply with applicable State rules, and regulations and HHSC’s requests regarding personal and professional conduct generally applicable to the service locations; and (2) Otherwise conduct themselves in a businesslike and professional manner. (b) If HHSC determines in good faith that a particular employee or subcontractor is not conducting himself or herself in accordance with this Section, HHSC may provide CONTRACTOR with notice and documentation concerning such conduct. Upon receipt of such notice, CONTRACTOR must promptly investigate the matter and take appropriate action that may include: (1) Removing the employee from the project; (2) Providing HHSC with written notice of such removal; and (3) Replacing the employee with a similarly qualified individual acceptable to HHSC. (c) Nothing in the Agreement will prevent CONTRACTOR, at the request of HHSC, from replacing any personnel who are not adequately performing their assigned responsibilities or who, in the reasonable opinion of HHSC’s Project Director, after consultation with CONTRACTOR, are unable to work effectively with the members of the HHSC’s staff. In such event, CONTRACTOR will provide replacement personnel with equal or greater skills and qualifications as soon as reasonably practicable. Replacement of Key Personnel will be subject to HHSC review and approval. The Parties will work together in the event of any such required replacement so as not to disrupt the overall project schedule. (d) CONTRACTOR XXXXXXXXXX agrees that anyone employed by CONTRACTOR to fulfill the terms of the Agreement is an employee of CONTRACTOR and remains under CONTRACTOR’s sole direction and control. (e) CONTRACTOR agrees to be responsible for the following in respect to its employees: (1) Any and all employment taxes and/or other payroll withholding; (2) Damages incurred by CONTRACTOR’s employees within the scope of their duties under the Agreement; and (3) Determination of the hours to be worked and the duties to be performed by CONTRACTOR’s employees. CONTRACTOR agrees and will inform its employees and subcontractor(s) that there is no right of action against HHSC for any duty owed by CONTRACTOR pursuant to this Agreement. CONTRACTOR understands that HHSC does not assume liability for the actions of, or judgments rendered against, the CONTRACTOR, its employees, agents or subcontractors. CONTRACTOR XXXXXXXXXX agrees that it has no right to indemnification or contribution from HHSC for any judgments rendered against CONTRACTOR or its subcontractors. HHSC’s liability to the CONTRACTOR’s employees, agents and subcontractors, if any, will be governed by the Texas Tort Claims Act, as amended or modified (TEX. CIV. PRACT. & REM. CODE §101.001 et seq.).

Conduct of and responsibility for CONTRACTOR personnel. (a) While performing the Services, CONTRACTOR’s personnel and subcontractors must: (1) Comply with applicable State rules, and regulations and HHSC’s requests regarding personal and professional conduct generally applicable to the service locations; and (2) Otherwise conduct themselves in a businesslike and professional manner. (b) If HHSC determines in good faith that a particular employee or subcontractor is not conducting himself or herself in accordance with this Section, HHSC may provide CONTRACTOR with notice and documentation concerning such conduct. Upon receipt of such notice, CONTRACTOR must promptly investigate the matter and take appropriate action that may include: (1) Removing the employee from the project; (2) Providing HHSC with written notice of such removal; and (3) Replacing the employee with a similarly qualified individual acceptable to HHSC. (c) Nothing in the Agreement will prevent CONTRACTOR, at the request of HHSC, from replacing any personnel who are not adequately performing their assigned responsibilities or who, in the reasonable opinion of HHSC’s Project Director, after consultation with CONTRACTOR, are unable to work effectively with the members of the HHSC’s staff. In such event, CONTRACTOR will provide replacement personnel with equal or greater skills and qualifications as soon as reasonably practicable. Replacement of Key Personnel will be subject to HHSC review and approval. The Parties will work together in the event of any such required replacement so as not to disrupt the overall project schedule. (d) CONTRACTOR agrees that anyone employed by CONTRACTOR to fulfill the terms of the Agreement is an employee of CONTRACTOR and remains under CONTRACTOR’s sole direction and control. (e) CONTRACTOR agrees to be responsible for the following in respect to its employees: (1) Any and all employment taxes and/or other payroll withholding; 4.1 Subject: HHSC Uniform Contract Terms & Conditions (2) Damages incurred by CONTRACTOR’s employees within the scope of their duties under the Agreement; and (3) Determination of the hours to be worked and the duties to be performed by CONTRACTOR’s employees. CONTRACTOR agrees and will inform its employees and subcontractor(s) that there is no right of action against HHSC for any duty owed by CONTRACTOR pursuant to this Agreement. CONTRACTOR understands that HHSC does not assume liability for the actions of, or judgments rendered against, the CONTRACTOR, its employees, agents or subcontractors. CONTRACTOR agrees that it has no right to indemnification or contribution from HHSC for any judgments rendered against CONTRACTOR or its subcontractors. HHSC’s liability to the CONTRACTOR’s employees, agents and subcontractors, if any, will be governed by the Texas Tort Claims Act, as amended or modified (TEX. CIV. PRACT. .& REM. CODE §101.001 et seq.).