Common use of Contractor’s Obligations Clause in Contracts

Contractor’s Obligations. 3.1 The Contractor shall deliver the Goods or Services in accordance with the Specification Schedule. 3.2 The Contractor shall fulfil its obligations under the Contract with all reasonable skill, care and diligence to the reasonable satisfaction of the Authority. 3.3 Subject to the Prisons Schedule, when visiting any premises of the Authority, the Contractor’s Personnel shall comply with any reasonable instructions, including the Authority’s health and safety and environmental policy. Contractor’s Personnel may be excluded permanently from such premises at the Authority’s sole discretion. 3.4 Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 If the Contractor fails to deliver the Goods or Services within the time stipulated in the Contract, the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority. 3.6 The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 The Authority may require the Contractor to ensure that any person employed in the provision of the Services has undertaken a Criminal Records Bureau check as per the Contractor’s Personnel Vetting Procedures. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged in the provision of the Services. 3.9 Individuals, including those held in lawful custody or on probation are regarded as vulnerable persons under the Safeguarding Vulnerable Groups Xxx 0000. Where the Authority deems it necessary the Contractor shall provide a list of Personnel who will be providing the Goods or Services that have been vetted by the Independent Safeguarding Authority. The Authority may in its sole discretion refuse access to its premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring Scheme.

Appears in 32 contracts

Samples: Agreement, Commercial Agreement, Taxi Services Agreement

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Contractor’s Obligations. 3.1 The Contractor shall deliver employ at all times a sufficient number of Contractor’s Personnel to fulfil its obligations under the Goods Contract. All Contractor’s Personnel shall possess the qualifications and competence appropriate to the tasks for which they are employed. If and when so directed in writing by the Authority the Contractor shall within seven (7) days provide details of the qualifications and competence of any person employed or Services proposed to be employed by the Contractor in accordance connection with the Specification ScheduleContract and shall provide a copy of any certificate or qualification or competence that has been issued in respect of any such person. The Contractor shall, if required by the Authority, provide its Personnel with a copy of the Cabinet Office Joint Statement on access to skills, trade unions and advice in government contracting. 3.2 The Contractor shall fulfil at all times comply with the Quality Standards, and where applicable shall maintain accreditation with the relevant Quality Standards authorisation body. To the extent that the standard of the Goods or Services has not been specified in the Contract, the Contractor shall agree the relevant standard of the Goods or Services with the Authority prior to the supply of the Goods or Services and, in any event, the Contractor shall perform its obligations under the Contract in accordance with the Law and Good Industry Practice. The Contractor shall ensure that all Contractor’s Personnel supplying the Goods or Services shall do so with all reasonable due skill, care and diligence as are necessary for the proper supply of the Services. 3.3 The Authority, whose decision shall be final and conclusive, reserves the right under the Contract to the reasonable satisfaction refuse to admit to, or to withdraw permission to remain on, any Premises occupied by or on behalf of the Authority.: 3.3 Subject to 3.3.1 any member of the Prisons ScheduleContractor’s Personnel; or 3.3.2 any person employed or engaged by a sub-contractor, when visiting any premises agent or servant of the Contractor whose admission or continued presence would be, in the opinion of the Authority, undesirable. 3.4 If and when directed by the Authority, the Contractor shall provide a list of the names and addresses, National Insurance numbers, periods of employment, immigration status and tax exemption certificates of all persons who it is expected may require admission in connection with the Contract to any premises occupied by or on behalf of the Authority, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably desire. 3.5 The Contractor’s Personnel Personnel, engaged within the boundaries of a Government establishment, shall comply with any reasonable instructionssuch rules, regulations and requirements (including the Authority’s health and safety and environmental policy. Contractor’s Personnel those relating to security arrangements) as may be excluded permanently in force from such premises time to time for the conduct of contractors’ personnel when at the Authority’s sole discretionthat establishment and when outside that establishment. 3.4 Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 3.6 If the Contractor fails to deliver comply with clause 3.4 above the Goods or Services Authority, (whose decision shall be final and conclusive), may decide that such failure is prejudicial to the interests of the Crown; and if the Contractor does not comply with the provisions of clause 3.4 within 2 Months of the time stipulated in date of a written notice from the Contract, Authority so to do then the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without provided always that such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to any other rights and remedies of the Authority. 3.6 3.7 The Contractor shall bear the cost of any notice, instruction or decision of the Authority under this clause 3. 3.8 The Contractor shall promptly inform and keep informed the Authority in writing of any industrial relations problems or other matters relating to the Contractor’s Personnel which may affect the performance of the Contract. 3.9 The Contractor shall not employ any person where the Contractor knows, or by reason of the circumstances might reasonably be expected to know, that the person concerned is involved in any unlawful procurement of Social Security benefits or tax exemptions in connection with his employment by the Contractor. The Contractor shall not make, facilitate or participate in the procurement of any unlawful payments to any person employed by the Contractor, whether in the nature of Social Security fraud, evasion of tax or otherwise. 3.10 The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Goods or Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 3.11 At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 3.12 The Authority may require the Contractor to ensure that any person employed in the provision of the Goods or Services has undertaken a Criminal Records Bureau check as per the Contractor’s Personnel Vetting Procedures. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged in the provision of the Goods or Services. 3.9 3.13 Individuals, including those held in lawful custody or on probation are regarded as vulnerable persons under the Safeguarding Vulnerable Groups Xxx 0000Act 2006. Where the Authority deems it necessary the Contractor shall provide a list of Personnel who will be providing the Goods or Services that have been vetted by the Independent Safeguarding Authority. The Authority may in its sole discretion refuse access to its premises Premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring Scheme.

Appears in 17 contracts

Samples: Contract for the Provision of Services, Contract for the Provision of Services, Contract for the Provision of Services

Contractor’s Obligations. 3.1 3.1. The Contractor shall deliver the Goods or Services in accordance with the Specification Schedule. 3.2 3.2. The Contractor shall fulfil its obligations under the Contract with all reasonable skill, care and diligence to the reasonable satisfaction of the Authority. 3.3 3.3. Subject to the Prisons Schedule, when visiting any premises of the Authority, the Contractor’s Personnel shall comply with any reasonable instructions, including the Authority’s health and safety and environmental policy. Contractor’s Personnel may be excluded permanently from such premises at the Authority’s sole discretion. 3.4 3.4. Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 3.5. If the Contractor fails to deliver the Goods or Services within the time stipulated in the Contract, the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority. 3.6 3.6. The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Goods or Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 3.7. At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 3.8. The Authority may require the Contractor to ensure that any person employed in the provision of the Services has undertaken a Criminal Records Bureau check as per the Contractor’s Personnel Vetting Procedures. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged in the provision of the Goods or Services. 3.9 3.9. Individuals, including those held in lawful custody or on probation are regarded as vulnerable persons under the Safeguarding Vulnerable Groups Xxx 0000Act 2006. Where the Authority deems it necessary the Contractor shall provide a list of Personnel who will be providing the Goods or Services that have been vetted by the Independent Safeguarding Authority. The Authority may in its sole discretion refuse access to its premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring Scheme.

Appears in 17 contracts

Samples: Visitor Centre Service Agreement, Services Contract, Visitor Centre Service Agreement

Contractor’s Obligations. 3.1 The Contractor shall deliver employ at all times a sufficient number of Contractor’s Personnel to fulfil its obligations under the Goods Contract. All Contractor’s Personnel shall possess the qualifications and competence appropriate to the tasks for which they are employed. If and when so directed in writing by the Authority the Contractor shall within seven (7) days provide details of the qualifications and competence of any person employed or Services proposed to be employed by the Contractor in accordance connection with the Specification ScheduleContract and shall provide a copy of any certificate or qualification or competence that has been issued in respect of any such person. The Contractor shall, if required by the Authority, provide its Personnel with a copy of the Cabinet Office Joint Statement on access to skills, trade unions and advice in government contracting. 3.2 The Contractor shall fulfil at all times comply with the Quality Standards, and where applicable shall maintain accreditation with the relevant Quality Standards authorisation body. To the extent that the standard of the Goods or Services has not been specified in the Contract, the Contractor shall agree the relevant standard of the Goods or Services with the Authority prior to the supply of the Goods or Services and, in any event, the Contractor shall perform its obligations under the Contract in accordance with the Law and Good Industry Practice. The Contractor shall ensure that all Contractor’s Personnel supplying the Goods or Services shall do so with all reasonable due skill, care and diligence as are necessary for the proper supply of the Services. 3.3 The Authority, whose decision shall be final and conclusive, reserves the right under the Contract to the reasonable satisfaction refuse to admit to, or to withdraw permission to remain on, any Premises occupied by or on behalf of the Authority.: 3.3 Subject to 3.3.1 any member of the Prisons ScheduleContractor’s Personnel; or 3.3.2 any person employed or engaged by a sub-contractor, when visiting any premises agent or servant of the Contractor whose admission or continued presence would be, in the opinion of the Authority, undesirable. 3.4 If and when directed by the Authority, the Contractor shall provide a list of the names and addresses, National Insurance numbers, periods of employment, immigration status and tax exemption certificates of all persons who it is expected may require admission in connection with the Contract to any premises occupied by or on behalf of the Authority, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably desire. 3.5 The Contractor’s Personnel Personnel, engaged within the boundaries of a Government establishment, shall comply with any reasonable instructionssuch rules, regulations and requirements (including the Authority’s health and safety and environmental policy. Contractor’s Personnel those relating to security arrangements) as may be excluded permanently in force from such premises time to time for the conduct of contractors’ personnel when at the Authority’s sole discretionthat establishment and when outside that establishment. 3.4 Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 3.6 If the Contractor fails to deliver comply with clause 3.4 above the Goods or Services Authority, (whose decision shall be final and conclusive), may decide that such failure is prejudicial to the interests of the Crown; and if the Contractor does not comply with the provisions of clause 3.4 within 2 Months of the time stipulated in date of a written notice from the Contract, Authority so to do then the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without provided always that such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to any other rights and remedies of the Authority. 3.6 3.7 The Contractor shall bear the cost of complying with any requirement of this clause. 3.8 The Contractor shall promptly inform and keep informed the Authority in writing of any industrial relations problems or other matters relating to the Contractor’s Personnel which may affect the performance of the Contract. 3.9 The Contractor shall not employ any person where the Contractor knows, or by reason of the circumstances might reasonably be expected to know, that the person concerned is involved in any unlawful procurement of Social Security benefits or tax exemptions in connection with his employment by the Contractor. The Contractor shall not make, facilitate or participate in the procurement of any unlawful payments to any person employed by the Contractor, whether in the nature of Social Security fraud, evasion of tax or otherwise. 3.10 The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 3.11 The Authority may require the Contractor to ensure that any person employed in the provision of the Goods or Services has undertaken a Criminal Records Bureau check as per the Contractor’s Personnel Vetting Procedures. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged in the provision of the Goods or Services. 3.9 3.12 Individuals, including those held in lawful custody or on probation are regarded as vulnerable persons under the Safeguarding Vulnerable Groups Xxx 0000. Where the Authority deems it necessary the Contractor shall provide a list of Personnel who will be providing the Goods or Services that have been vetted by the Independent Safeguarding Authority. The Authority may in its sole discretion refuse access to its premises Premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring Scheme. 3.13 The Contractor shall be subject to the provisions of the Schedules to this Contract as applicable.

Appears in 11 contracts

Samples: Supply and Installation Agreement, Purchasing Framework Agreement, Contract Agreement

Contractor’s Obligations. 3.1 The Contractor shall deliver the Goods or Services in accordance with the Specification Schedule. 3.2 Schedule B: Specification. The Contractor shall fulfil its obligations under the Contract with all reasonable skill, care and diligence to the reasonable satisfaction of the Authority. 3.3 . Subject to the Prisons ScheduleSchedule D: HM Prisons, when visiting any premises of the Authority, the Contractor’s Personnel shall comply with any reasonable instructions, including the Authority’s health and safety and environmental policy. Contractor’s Personnel may be excluded permanently from such premises at the Authority’s sole discretion. 3.4 . Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 . If the Contractor fails to deliver the Goods or Services within the time stipulated in the Contract, the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority. 3.6 The . ‫The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Goods or Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 . At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 . The Authority may require the Contractor to ensure that any person employed in the provision of the Goods or Services has undertaken a Criminal Records Bureau check as per the Contractor’s Personnel Vetting Procedures. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged in the provision of the Goods or Services. 3.9 . Individuals, including those held in lawful custody or on probation are regarded as vulnerable persons under the Safeguarding Vulnerable Groups Xxx 0000. Where the Authority deems it necessary the Contractor shall provide a list of Personnel who will be providing the Goods or Services that have been vetted by the Independent Safeguarding Authority. The Authority may in its sole discretion refuse access to its premises Premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring Scheme.

Appears in 9 contracts

Samples: Commercial Agreement, Supply of Veterinary Services Agreement, Purchase Agreement

Contractor’s Obligations. 3.1 The Contractor shall deliver the Goods or Services in accordance with the Specification ScheduleSchedule B: Specification. 3.2 The Contractor shall fulfil its obligations under the Contract with all reasonable skill, care and diligence to the reasonable satisfaction of the Authority. 3.3 Subject to the Prisons ScheduleSchedule D: HM Prisons, when visiting any premises of the Authority, the Contractor’s Personnel shall comply with any reasonable instructions, including the Authority’s health and safety and environmental policy. Contractor’s Personnel may be excluded permanently from such premises at the Authority’s sole discretion. 3.4 Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 If the Contractor fails to deliver the Goods or Services within the time stipulated in the Contract, the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority. 3.6 The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Goods or Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 The Authority may require the Contractor to ensure that any person employed in the provision of the Services has undertaken a Criminal Records Bureau check as per the Contractor’s Personnel Vetting Procedures. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged in the provision of the Services. 3.9 Individuals, including those held in lawful custody or on probation are regarded as vulnerable persons under the Safeguarding Vulnerable Groups Xxx 0000Act 2006. Where the Authority deems it necessary the Contractor shall provide a list of Personnel who will be providing the Goods or Services that have been vetted by the Independent Safeguarding Authority. The Authority may in its sole discretion refuse access to its premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring Scheme.

Appears in 8 contracts

Samples: Contract for the Provision of Building Services, Contract for the Provision of Building Services, Contract Letter

Contractor’s Obligations. 3.1 3.1. The Contractor shall deliver the Goods or Services in accordance with the Specification Schedule. 3.2 The Contractor shall employ at all times a sufficient number of Contractor’s Personnel to fulfil its obligations under the Contract. All Contractor’s Personnel shall possess the qualifications and competence appropriate to the tasks for which they are employed. If and when so directed in writing by the Authority the Contractor shall within seven (7) days provide details of the qualifications and competence of any person employed or proposed to be employed by the Contractor in connection with the Contract and shall provide a copy of any certificate or qualification or competence that has been issued in respect of any such person. The Contractor shall, if required by the Authority, provide its Personnel with a copy of the Cabinet Office Joint Statement on access to skills, trade unions and advice in government contracting. 3.2. The Contractor shall at all times comply with the Quality Standards, and where applicable shall maintain accreditation with the relevant Quality Standards authorisation body. To the extent that the standard of the Goods or Services has not been specified in the Contract, the Contractor shall agree the relevant standard of the Goods or Services with the Authority prior to the supply of the Goods or Services and, in any event, the Contractor shall perform its obligations under the Contract in accordance with the Law and Good Industry Practice. The Contractor shall ensure that all Contractor’s Personnel supplying the Goods or Services shall do so with all reasonable due skill, care and diligence as are necessary for the proper supply of the Services. 3.3. The Authority, whose decision shall be final and conclusive, reserves the right under the Contract to the reasonable satisfaction refuse to admit to, or to withdraw permission to remain on, any Premises occupied by or on behalf of the Authority.: 3.3 Subject to 3.3.1. any member of the Prisons ScheduleContractor’s Personnel; or 3.3.2. any person employed or engaged by a sub-contractor, when visiting any premises agent or servant of the Contractor whose admission or continued presence would be, in the opinion of the Authority, undesirable. 3.4. If and when directed by the Authority, the Contractor shall provide a list of the names and addresses, National Insurance numbers, periods of employment, immigration status and tax exemption certificates of all persons who it is expected may require admission in connection with the Contract to any premises occupied by or on behalf of the Authority, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably desire. 3.5. The Contractor’s Personnel Personnel, engaged within the boundaries of a Government establishment, shall comply with any reasonable instructionssuch rules, regulations and requirements (including the Authority’s health and safety and environmental policy. Contractor’s Personnel those relating to security arrangements) as may be excluded permanently in force from such premises time to time for the conduct of contractors’ personnel when at the Authority’s sole discretionthat establishment and when outside that establishment. 3.4 Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 3.6. If the Contractor fails to deliver comply with clause 3.4 above the Goods or Services Authority, (whose decision shall be final and conclusive), may decide that such failure is prejudicial to the interests of the Crown; and if the Contractor does not comply with the provisions of clause 3.4 within 2 Months of the time stipulated in date of a written notice from the Contract, Authority so to do then the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without provided always that such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to any other rights and remedies of the Authority. 3.6 3.7. The Contractor shall bear the cost of any complying with any requirement of this clause. 3.8. The Contractor shall promptly inform and keep informed the Authority in writing of any industrial relations problems or other matters relating to the Contractor’s Personnel which may affect the performance of the Contract. 3.9. The Contractor shall not employ any person where the Contractor knows, or by reason of the circumstances might reasonably be expected to know, that the person concerned is involved in any unlawful procurement of Social Security benefits or tax exemptions in connection with his employment by the Contractor. The Contractor shall not make, facilitate or participate in the procurement of any unlawful payments to any person employed by the Contractor, whether in the nature of Social Security fraud, evasion of tax or otherwise. 3.10. The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 3.11. At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 3.12. The Authority may require the Contractor to ensure that any person employed in the provision of the Goods or Services has undertaken a Criminal Records Bureau check as per the Contractor’s Personnel Vetting Procedures. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged in the provision of the Goods or Services. 3.9 3.13. Individuals, including those held in lawful custody or on probation are regarded as vulnerable persons under the Safeguarding Vulnerable Groups Xxx 0000. Where the Authority deems it necessary the Contractor shall provide a list of Personnel who will be providing the Goods or Services that have been vetted by the Independent Safeguarding Authority. The Authority may in its sole discretion refuse access to its premises Premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring Scheme. 3.14. The Contractor shall be subject to the provisions of the Schedules to this contract as applicable.

Appears in 6 contracts

Samples: Paint Consumables Contract, Provision of Tetra Radio Equipment and Related Services, Call Off Contract for the Provision of Visits Experience Services

Contractor’s Obligations. 3.1 The Contractor shall deliver the Goods or Services in accordance with the Specification Schedule. 3.2 . The Contractor shall fulfil its obligations under the Contract with all reasonable skill, care and diligence to the reasonable satisfaction of the Authority. 3.3 . Subject to the Prisons Schedule, when visiting any premises of the Authority, the Contractor’s Personnel shall comply with any reasonable instructions, including the Authority’s health and safety and environmental policy. Contractor’s Personnel may be excluded permanently from such premises at the Authority’s sole discretion. 3.4 . Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 . If the Contractor fails to deliver the Goods or Services within the time stipulated in the Contract, the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority. 3.6 The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 . The Authority may require the Contractor to ensure that any person employed in the provision of the Services has undertaken a Criminal Records Bureau check as per the Contractor’s Personnel Vetting Procedures. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged in the provision of the Goods or Services. 3.9 . Individuals, including those held in lawful custody or on probation are regarded as vulnerable persons under the Safeguarding Vulnerable Groups Xxx 0000Act 2006. Where the Authority deems it necessary the Contractor shall provide a list of Personnel who will be providing the Goods or Services that have been vetted by the Independent Safeguarding Authority. The Authority may in its sole discretion refuse access to its premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring Scheme.

Appears in 6 contracts

Samples: Waste Management Services Agreement, Waste Management Services Agreement, Taxi Service Agreement

Contractor’s Obligations. 3.1 3.1. The Contractor shall deliver the Goods or Services in accordance with the Specification Schedule. 3.2 The Contractor shall employ at all times a sufficient number of Contractor’s Personnel to fulfil its obligations under the Contract. All Contractor’s Personnel shall possess the qualifications and competence appropriate to the tasks for which they are employed. If and when so directed in writing by the Authority the Contractor shall within seven (7) days provide details of the qualifications and competence of any person employed or proposed to be employed by the Contractor in connection with the Contract and shall provide a copy of any certificate or qualification or competence that has been issued in respect of any such person. The Contractor shall, if required by the Authority, provide its Personnel with a copy of the Cabinet Office Joint Statement on access to skills, trade unions and advice in government contracting. 3.2. The Contractor shall at all times comply with the Quality Standards, and where applicable shall maintain accreditation with the relevant Quality Standards authorisation body. To the extent that the standard of the Goods or Services has not been specified in the Contract, the Contractor shall agree the relevant standard of the Goods or Services with the Authority prior to the supply of the Goods or Services and, in any event, the Contractor shall perform its obligations under the Contract in accordance with the Law and Good Industry Practice. The Contractor shall ensure that all Contractor’s Personnel supplying the Goods or Services shall do so with all reasonable due skill, care and diligence as are necessary for the proper supply of the Services. 3.3. The Authority, whose decision shall be final and conclusive, reserves the right under the Contract to the reasonable satisfaction refuse to admit to, or to withdraw permission to remain on, any Premises occupied by or on behalf of the Authority.: 3.3 Subject to 3.3.1. any member of the Prisons ScheduleContractor’s Personnel; or 3.3.2. any person employed or engaged by a sub-contractor, when visiting any premises agent or servant of the Contractor whose admission or continued presence would be, in the opinion of the Authority, undesirable. 3.4. If and when directed by the Authority, the Contractor shall provide a list of the names and addresses, National Insurance numbers, periods of employment, immigration status and tax exemption certificates of all persons who it is expected may require admission in connection with the Contract to any premises occupied by or on behalf of the Authority, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably desire. 3.5. The Contractor’s Personnel Personnel, engaged within the boundaries of a Government establishment, shall comply with any reasonable instructionssuch rules, regulations and requirements (including the Authority’s health and safety and environmental policy. Contractor’s Personnel those relating to security arrangements) as may be excluded permanently in force from such premises time to time for the conduct of contractors’ personnel when at the Authority’s sole discretionthat establishment and when outside that establishment. 3.4 Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 3.6. If the Contractor fails to deliver comply with clause 3.4 above the Goods or Services Authority, (whose decision shall be final and conclusive), may decide that such failure is prejudicial to the interests of the Crown; and if the Contractor does not comply with the provisions of clause 3.4 within 2 Months of the time stipulated in date of a written notice from the Contract, Authority so to do then the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without provided always that such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to any other rights and remedies of the Authority. 3.6 3.7. The Contractor shall bear the cost of any complying with any requirement of this clause. 3.8. The Contractor shall promptly inform and keep informed the Authority in writing of any industrial relations problems or other matters relating to the Contractor’s Personnel which may affect the performance of the Contract. 3.9. The Contractor shall not employ any person where the Contractor knows, or by reason of the circumstances might reasonably be expected to know, that the person concerned is involved in any unlawful procurement of Social Security benefits or tax exemptions in connection with his employment by the Contractor. The Contractor shall not make, facilitate or participate in the procurement of any unlawful payments to any person employed by the Contractor, whether in the nature of Social Security fraud, evasion of tax or otherwise. 3.10. The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 3.11. At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 3.12. The Authority may require the Contractor to ensure that any person employed in the provision of the Goods or Services has undertaken a Criminal Records Bureau check as per the Contractor’s Personnel Vetting Procedures. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged in the provision of the Goods or Services. 3.9 3.13. Individuals, including those held in lawful custody or on probation are regarded as vulnerable persons under the Safeguarding Vulnerable Groups Xxx 0000Act 2006. Where the Authority deems it necessary the Contractor shall provide a list of Personnel who will be providing the Goods or Services that have been vetted by the Independent Safeguarding Authority. The Authority may in its sole discretion refuse access to its premises Premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring Scheme. 3.14. The Contractor shall be subject to the provisions of the Schedules to this contract as applicable.

Appears in 6 contracts

Samples: Contract for Personnel Services, Supply Agreement, Contract for Services

Contractor’s Obligations. 3.1 3.1. The Contractor shall deliver the Goods or Services in accordance with the Specification Schedule. 3.2 3.2. The Contractor shall fulfil its obligations under the Contract with all reasonable skill, care and diligence to the reasonable satisfaction of the Authority. 3.3 3.3. Subject to the Prisons Schedule, when visiting any premises of the Authority, the Contractor’s Personnel shall comply with any reasonable instructions, including the Authority’s health and safety and environmental policy. Contractor’s Personnel may be excluded permanently from such premises at the Authority’s sole discretion. 3.4 3.4. Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 3.5. If the Contractor fails to deliver the Goods or Services within the time stipulated in the Contract, the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority. 3.6 3.6. The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Goods or Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 3.7. At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 3.8. The Authority may require the Contractor to ensure that any person employed in the provision of the Services has undertaken a Criminal Records Bureau check as per the Contractor’s Personnel Vetting Procedures. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged in the provision of the Goods or Services. 3.9 3.9. Individuals, including those held in lawful custody or on probation are regarded as vulnerable persons under the Safeguarding Vulnerable Groups Xxx 0000. Where the Authority deems it necessary the Contractor shall provide a list of Personnel who will be providing the Goods or Services that have been vetted by the Independent Safeguarding Authority. The Authority may in its sole discretion refuse access to its premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring Scheme.

Appears in 5 contracts

Samples: Facilities Management Agreement, Facilities Management Agreement, Contract for the Provision of a Prison Link Support Worker

Contractor’s Obligations. 3.1 The Contractor shall deliver employ at all times a sufficient number of Contractor’s Personnel to fulfil its obligations under the Goods Contract. All Contractor’s Personnel shall possess the qualifications and competence appropriate to the tasks for which they are employed. If and when so directed in writing by the Authority the Contractor shall within seven (7) days provide details of the qualifications and competence of any person employed or Services proposed to be employed by the Contractor in accordance connection with the Specification ScheduleContract and shall provide a copy of any certificate or qualification or competence that has been issued in respect of any such person. The Contractor shall, if required by the Authority, provide its Personnel with a copy of the Cabinet Office Joint Statement on access to skills, trade unions and advice in government contracting. 3.2 The Contractor shall fulfil at all times comply with the Quality Standards, and where applicable shall maintain accreditation with the relevant Quality Standards authorisation body. To the extent that the standard of the Goods or Services has not been specified in the Contract, the Contractor shall agree the relevant standard of the Goods or Services with the Authority prior to the supply of the Goods or Services and, in any event, the Contractor shall perform its obligations under the Contract in accordance with the Law and Good Industry Practice. The Contractor shall ensure that all Contractor’s Personnel supplying the Goods or Services shall do so with all reasonable due skill, care and diligence as are necessary for the proper supply of the Services. 3.3 The Authority, whose decision shall be final and conclusive, reserves the right under the Contract to the reasonable satisfaction refuse to admit to, or to withdraw permission to remain on, any Premises occupied by or on behalf of the Authority.: 3.3 Subject to 3.3.1 any member of the Prisons ScheduleContractor’s Personnel; or 3.3.2 any person employed or engaged by a sub-contractor, when visiting any premises agent or servant of the Contractor whose admission or continued presence would be, in the opinion of the Authority, undesirable. 3.4 If and when directed by the Authority, the Contractor shall provide a list of the names and addresses, National Insurance numbers, periods of employment, immigration status and tax exemption certificates of all persons who it is expected may require admission in connection with the Contract to any premises occupied by or on behalf of the Authority, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably desire. 3.5 The Contractor’s Personnel Personnel, engaged within the boundaries of a Government establishment, shall comply with any reasonable instructionssuch rules, regulations and requirements (including the Authority’s health and safety and environmental policy. Contractor’s Personnel those relating to security arrangements) as may be excluded permanently in force from such premises time to time for the conduct of contractors’ personnel when at the Authority’s sole discretionthat establishment and when outside that establishment. 3.4 Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 3.6 If the Contractor fails to deliver comply with clause 3.4 above the Goods or Services Authority, (whose decision shall be final and conclusive), may decide that such failure is prejudicial to the interests of the Crown; and if the Contractor does not comply with the provisions of clause 3.4 within 2 Months of the time stipulated in date of a written notice from the Contract, Authority so to do then the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without provided always that such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to any other rights and remedies of the Authority. 3.6 3.7 The Contractor shall bear the cost of any notice, instruction or decision of the Authority under this clause 3. 3.8 The Contractor shall promptly inform and keep informed the Authority in writing of any industrial relations problems or other matters relating to the Contractor’s Personnel which may affect the performance of the Contract. 3.9 The Contractor shall not employ any person where the Contractor knows, or by reason of the circumstances might reasonably be expected to know, that the person concerned is involved in any unlawful procurement of Social Security benefits or tax exemptions in connection with his employment by the Contractor. The Contractor shall not make, facilitate or participate in the procurement of any unlawful payments to any person employed by the Contractor, whether in the nature of Social Security fraud, evasion of tax or otherwise. 3.10 The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel Vetting Procedures in respect of all persons employed or engaged in the provision of the Goods or Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 3.11 The Authority may require the Contractor to ensure that any person employed in the provision of the Goods or Services has undertaken a Criminal Records Bureau check as per the Contractor’s Personnel Vetting Procedures. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged in the provision of the Goods or Services. 3.9 3.12 Individuals, including those held in lawful custody or on probation are regarded as vulnerable persons under the Safeguarding Vulnerable Groups Xxx 0000. Where the Authority deems it necessary the Contractor shall provide a list of Personnel who will be providing the Goods or Services that have been vetted by the Independent Safeguarding Authority. The Authority may in its sole discretion refuse access to its premises Premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring Scheme.

Appears in 4 contracts

Samples: Framework Agreement, Framework Agreement, Contract Agreement

Contractor’s Obligations. 3.1 A. The Contractor shall deliver the Goods or Services in accordance undertakes to act with the Specification Schedule. 3.2 The Contractor shall fulfil its obligations under the Contract with all reasonable skilldue care, care skill and diligence to the reasonable satisfaction of the Authority. 3.3 Subject to the Prisons Schedule, when visiting any premises of the Authority, the Contractor’s Personnel shall comply with any reasonable instructions, including the Authority’s health and safety and environmental policy. Contractor’s Personnel may be excluded permanently from such premises at the Authority’s sole discretion. 3.4 Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 If the Contractor fails to deliver the Goods or Services within the time stipulated in the Contract, the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority. 3.6 The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 The Authority may require the Contractor to ensure that any person employed in the provision of the Services has undertaken a Criminal Records Bureau check as per and generally in the Contractor’s Personnel Vetting Procedurescarrying out of its obligations under this Agreement and in the appointment, monitoring and retention of its agents and subcontractors. The Contractor shall ensure that no person who discloses that he/she has a Relevant Convictionrequire its agents and subcontractors to exercise due care, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged skill and diligence in the provision of the ServicesServices and generally in the carrying out of obligations allocated by the Contractor to its agents and subcontractors under this Agreement. 3.9 IndividualsB. In consideration of the payment of the Charges and subject to clause 3 the Contractor shall: 1. provide the Services in accordance with the Specification, the CFT, the Contracting Authority’s directions and the terms of this Agreement; 2. comply with and implement any policies, guidelines and/or any project governance protocols issued by the Contracting Authority from time to time and notified to the Contractor in writing; 3. comply with all local security and health and safety arrangements as notified to it by the Contracting Authority; 4. provide the Services in accordance with good industry practice and comply with all applicable laws including but not limited to all obligations in the field of environmental, social and labour law that apply at the place where the Services are provided, that have been established by EU law, national law, collective agreements and by international, environmental, social and labour law listed in Schedule 7 of the European Union (Award of Public Authority Contracts) Regulations 2016 (Statutory Instrument 284 of 2016) (the “Regulations”) . The Contractor shall be responsible for compliance with all statutory requirements of an employer and without prejudice to the generality of the foregoing shall be solely responsible in law for the employment, remuneration, taxes, immigration and work permits of all personnel retained for the purposes of complying with this Agreement; and 5. comply with any additional conditions under Clause 25 hereof. C. The Contractor is deemed to be the prime contractor under this Agreement and the Contractor assumes full responsibility for the discharge of all obligations under this Agreement and shall assume all the duties, responsibilities and obligations associated with the position of prime contractor. The Contractor as prime contractor under the Tender hereby assumes liability for its subcontractors and shall ensure that its subcontractors shall comply in all respects with the relevant terms of this Agreement, including but not limited to clause 1B(4) above, to the extent that it or they are retained by the Contractor. Subject to clause 14, the Contractor shall notify the Contracting Authority as soon as possible of any changes to the name, contact details and legal representatives of its subcontractors. D. Without prejudice to clause 1C, where the Contracting Authority becomes aware that any of the exclusion grounds set out in Regulation 57 of the Regulations apply to any subcontractor, the Contracting Authority reserves the right to require the Contractor to immediately replace such Subcontractor and the Contractor shall comply with such requirement. The Contractor shall include in every sub-contract a right for the Contractor to terminate the sub-contract where any of the exclusion grounds or any of the circumstances set forth in Regulation 73 of the Regulations apply to the subcontractor and a requirement that the subcontractor, in turn, includes a provision having the same effect in any sub-contract which it awards. E. During this Agreement, the Contractor shall be an independent contractor and not the employee of the Contracting Authority. Neither Party shall have any authority to bind or commit the other. Nothing herein shall be deemed or construed to create a joint venture, partnership, and/or fiduciary or other relationship between the Parties for any purpose. The officers, employees or agents of the Contractor are not and shall not hold themselves out to be (and shall not be held out by the Contractor as being) servants or agents of the Contracting Authority for any purposes whatsoever. F. The Contracting Authority acknowledges that the Contractor may from time to time be dependent on the Contracting Authority to facilitate the Contractor in the carrying out of its duties under this Agreement. The Contracting Authority agrees to use its reasonable endeavours to so facilitate the Contractor within the timescales and in the manner agreed by it in writing in accordance with clause 10. G. The Contractor agrees that any information relating to this Agreement and / or the performance of this Agreement may be passed by the Contracting Authority to the Office of Government Procurement (“OGP”) and that the OGP may use this information in the analysis and reporting of spend data including the preparation and publishing of reports. The following information must be made available to the Contracting Authority on request at any time during the Term: All financial information relating to sales turnover under this Services Contract; All heavy commercial catering equipment in place that has been supplied by the Service Provider and any outstanding un-amortised amounts; List and state of all onsite equipment, to include but not limited to: Heavy equipment Light equipment Kitchen utensils Tableware (crockery, xxxxxx and glassware). H. The Contractor shall comply with all applicable obligations arising pursuant to the European Communities (Protection of Employees’ Rights on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) and Council Directive 2001/23/EC (together the “TUPE Regulations”) and failure to so comply shall constitute a serious breach of this Agreement. The Contractor shall indemnify, save harmless and keep the Contracting Authority indemnified from and against all liabilities (including the cost of wages, salaries and other remuneration or benefits, expenses, taxation, PRSI payments, health contributions, levies, losses, claims, demands, actions, fines, penalties, awards, (including legal expenses on an indemnity basis)) from, or incurred by reason of, any claims made against the Contracting Authority under the TUPE Regulations by any Affected Employees. Affected Employees shall mean those held employees in lawful custody respect of whom the TUPE Regulations may be deemed to apply in connection with this Agreement. I. Without prejudice to Clause 5A, the Contractor shall indemnify and keep indemnified the Contracting Authority and its agents and other State Authorities or on probation are regarded as vulnerable Public Bodies and their agents to any claims by any persons under the Safeguarding Vulnerable Groups Xxx 0000. Where TUPE Regulations or other social, labour or environmental law (EU or international including under Schedule 7 of the Authority deems it necessary Regulations) for which the Contractor or its subcontractors are responsible and the Contractor shall provide procure that any subcontractor, in turn, shall include a list of Personnel who will be providing provision having the Goods or Services that have been vetted by the Independent Safeguarding Authority. The Authority may same effect in its sole discretion refuse access to its premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring Schemesubcontract which it might award.

Appears in 4 contracts

Samples: Catering Services Agreement, Catering Services Agreement, Concession Catering Services Agreement

Contractor’s Obligations. 3.1 The Contractor shall deliver employ at all times a sufficient number of Contractor’s Personnel to fulfil its obligations under the Goods Contract. All Contractor’s Personnel shall possess the qualifications and competence appropriate to the tasks for which they are employed. If and when so directed in writing by the Authority the Contractor shall within seven (7) days provide details of the qualifications and competence of any person employed or Services proposed to be employed by the Contractor in accordance connection with the Specification ScheduleContract and shall provide a copy of any certificate or qualification or competence that has been issued in respect of any such person. The Contractor shall, if required by the Authority, provide its Personnel with a copy of the Cabinet Office Joint Statement on access to skills, trade unions and advice in government contracting. 3.2 The Contractor shall fulfil at all times comply with the Quality Standards, and where applicable shall maintain accreditation with the relevant Quality Standards authorisation body. To the extent that the standard of the Goods or Services has not been specified in the Contract, the Contractor shall agree the relevant standard of the Goods or Services with the Authority prior to the supply of the Goods or Services and, in any event, the Contractor shall perform its obligations under the Contract in accordance with the Law and Good Industry Practice. The Contractor shall ensure that all Contractor’s Personnel supplying the Goods or Services shall do so with all reasonable due skill, care and diligence as are necessary for the proper supply of the Services. 3.3 The Authority, whose decision shall be final and conclusive, reserves the right under the Contract to the reasonable satisfaction refuse to admit to, or to withdraw permission to remain on, any Premises occupied by or on behalf of the Authority.: 3.3 Subject to 3.3.1 any member of the Prisons ScheduleContractor’s Personnel; or 3.3.2 any person employed or engaged by a sub-contractor, when visiting any premises agent or servant of the Contractor whose admission or continued presence would be, in the opinion of the Authority, undesirable. 3.4 If and when directed by the Authority, the Contractor shall provide a list of the names and addresses, National Insurance numbers, periods of employment, immigration status and tax exemption certificates of all persons who it is expected may require admission in connection with the Contract to any premises occupied by or on behalf of the Authority, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably desire. 3.5 The Contractor’s Personnel Personnel, engaged within the boundaries of a Government establishment, shall comply with any reasonable instructionssuch rules, regulations and requirements (including the Authority’s health and safety and environmental policy. Contractor’s Personnel those relating to security arrangements) as may be excluded permanently in force from such premises time to time for the conduct of contractors’ personnel when at the Authority’s sole discretionthat establishment and when outside that establishment. 3.4 Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 3.6 If the Contractor fails to deliver comply with clause 3.4 above the Goods or Services Authority, (whose decision shall be final and conclusive), may decide that such failure is prejudicial to the interests of the Crown; and if the Contractor does not comply with the provisions of clause 3.4 within 2 Months of the time stipulated in date of a written notice from the Contract, Authority so to do then the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without provided always that such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to any other rights and remedies of the Authority. 3.6 3.7 The Contractor shall bear the cost of complying with any requirement of this clause. 3.8 The Contractor shall promptly inform and keep informed the Authority in writing of any industrial relations problems or other matters relating to the Contractor’s Personnel which may affect the performance of the Contract. 3.9 The Contractor shall not employ any person where the Contractor knows, or by reason of the circumstances might reasonably be expected to know, that the person concerned is involved in any unlawful procurement of Social Security benefits or tax exemptions in connection with his employment by the Contractor. The Contractor shall not make, facilitate or participate in the procurement of any unlawful payments to any person employed by the Contractor, whether in the nature of Social Security fraud, evasion of tax or otherwise. 3.10 The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 3.11 The Authority may require the Contractor to ensure that any person employed in the provision of the Goods or Services has undertaken a Criminal Records Bureau check as per the Contractor’s Personnel Vetting Procedures. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged in the provision of the Goods or Services. 3.9 3.12 Individuals, including those held in lawful custody or on probation are regarded as vulnerable persons under the Safeguarding Vulnerable Groups Xxx 0000Act 2006. Where the Authority deems it necessary the Contractor shall provide a list of Personnel who will be providing the Goods or Services that have been vetted by the Independent Safeguarding Authority. The Authority may in its sole discretion refuse access to its premises Premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring Scheme. 3.13 The Contractor shall be subject to the provisions of the Schedules to this Contract as applicable.

Appears in 3 contracts

Samples: Purchase Agreement, Service User Engagement Agreement, Purchase Agreement

Contractor’s Obligations. 3.1 The Contractor shall deliver the Goods or Services in accordance with the Specification Schedule. 3.2 . The Contractor shall fulfil its obligations under the Contract with all reasonable skill, care and diligence to the reasonable satisfaction of the Authority. 3.3 . Subject to the Prisons Schedule, when visiting any premises of the Authority, the Contractor’s Personnel shall comply with any reasonable instructions, including the Authority’s health and safety and environmental policy. Contractor’s Personnel may be excluded permanently from such premises at the Authority’s sole discretion. 3.4 . Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 . If the Contractor fails to deliver the Goods or Services within the time stipulated in the Contract, the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority. 3.6 The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 . The Authority may require the Contractor to ensure that any person employed in the provision of the Goods or Services has undertaken a Criminal Records Bureau criminal records check by means of a Basic Disclosure or a Disclosure and Barring Service (DBS) check as per the Contractor’s Personnel Vetting Procedures. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau criminal records disclosure check or otherwise) is employed or engaged in the provision of the Goods or Services. 3.9 Individuals, including those held in lawful custody or on probation are regarded as vulnerable persons under the Safeguarding Vulnerable Groups Xxx 0000. Where the Authority deems it necessary the Contractor shall provide a list of Personnel who will be providing undertaking regulated activity according to the Goods or Services that have been vetted by the Independent Safeguarding AuthorityProtection of Freedoms Act 2012. The Authority may in its sole discretion refuse access to its premises Premises by any member of the Contractor’s Personnel who does has not successfully complete been subjected to the vetting procedures under necessary checks by the Vetting Disclosure and Barring SchemeService Notices Any notice must be in writing and delivered to the address notified. If sent by letter, it shall be deemed to have been given 2 Working Days after the letter was posted; if sent by receipted electronic mail or facsimile, it will be deemed to have been given 4 hours after it was sent unless, in any case, the receiving Party acknowledges earlier receipt.

Appears in 3 contracts

Samples: Provision of Recycling Bins to Irc the Verne, Waste Management Services Agreement, Waste Management Services Agreement

Contractor’s Obligations. 3.1 A. The Contractor shall deliver the Goods or Services in accordance undertakes to act with the Specification Schedule. 3.2 The Contractor shall fulfil its obligations under the Contract with all reasonable skilldue care, care skill and diligence to the reasonable satisfaction of the Authority. 3.3 Subject to the Prisons Schedule, when visiting any premises of the Authority, the Contractor’s Personnel shall comply with any reasonable instructions, including the Authority’s health and safety and environmental policy. Contractor’s Personnel may be excluded permanently from such premises at the Authority’s sole discretion. 3.4 Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 If the Contractor fails to deliver the Goods or Services within the time stipulated in the Contract, the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority. 3.6 The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 The Authority may require the Contractor to ensure that any person employed in the provision of the Services has undertaken a Criminal Records Bureau check as per and generally in the Contractor’s Personnel Vetting Procedurescarrying out of its obligations under this Agreement and in the appointment, monitoring and retention of its agents and Subcontractors. The Contractor shall ensure that no person who discloses that he/she has a Relevant Convictionrequire its agents and Subcontractors to exercise due care, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged skill and diligence in the provision of the ServicesServices and generally in the carrying out of obligations allocated by the Contractor to its agents and Subcontractors under this Agreement. 3.9 IndividualsB. In consideration of the payment of the Charges and subject to clause 3 the Contractor shall: 1. provide the Services in accordance with the Specification, the RFT, the Client’s directions and the terms of this Agreement; 2. comply with and implement any policies, guidelines and/or any project governance protocols issued by the Client from time to time and notified to the Contractor in writing; 3. comply with all local security and health and safety arrangements as notified to it by the Client; and 4. provide the Services in accordance with good industry practice and comply with all applicable laws including but not limited to all obligations in the field of environmental, social and labour law that apply at the place where the Services are provided, that have been established by EU law, national law, collective agreements and by international, environmental, social and labour law listed in Schedule 7 of the European Union (Award of Public Authority Contracts) Regulations 2016 (Statutory Instrument 284 of 2016) (the “Regulations”) . The Contractor shall be responsible for compliance with all statutory requirements of an employer and without prejudice to the generality of the foregoing shall be solely responsible in law for the employment, remuneration, taxes, immigration and work permits of all personnel retained for the purposes of complying with this Agreement. C. The Contractor is deemed to be the prime contractor under this Agreement and the Contractor assumes full responsibility for the discharge of all obligations under this Agreement and shall assume all the duties, responsibilities and obligations associated with the position of prime contractor. The Contractor as prime contractor under the Submission hereby assumes liability for its Subcontractors and shall ensure that its Subcontractors shall comply in all respects with the relevant terms of this Agreement, including those held in lawful custody but not limited to clause 1B(4) above, to the extent that it or on probation they are regarded as vulnerable persons under retained by the Safeguarding Vulnerable Groups Xxx 0000Contractor. Where the Authority deems it necessary Subject to clause 14, the Contractor shall provide notify the Client as soon as possible of any changes to the name, contact details and legal representatives of its Subcontractors. D. Without prejudice to clause 1C, where the Client becomes aware that any of the exclusion grounds set out in Regulation 57 of the Regulations apply to any Subcontractor, the Client reserves the right to require the Contractor to immediately replace such Subcontractor and the Contractor shall comply with such requirement. The Contractor shall include in every sub-contract a list right for the Contractor to terminate the sub-contract where any of Personnel who will the exclusion grounds apply to the Subcontractor and a requirement that the Subcontractor, in turn, includes a provision having the same effect in any sub-contract which it awards. E. During this Agreement the Contractor shall be providing an independent contractor and not the Goods employee of the Client. Neither Party shall have any authority to bind or Services that have been vetted commit the other. Nothing herein shall be deemed or construed to create a joint venture, partnership, and/or fiduciary or other relationship between the Parties for any purpose. The officers, employees or agents of the Contractor are not and shall not hold themselves out to be (and shall not be held out by the Independent Safeguarding AuthorityContractor as being) servants or agents of the Client for any purposes whatsoever. F. The Client acknowledges that the Contractor may from time to time be dependent on the Client to facilitate the Contractor in the carrying out of its duties under this Agreement. The Authority Client agrees to use its reasonable endeavours to so facilitate the Contractor within the timescales and in the manner agreed by it in writing in accordance with clause 10. G. The Contractor agrees that any information relating to this Agreement and / or the performance of this Agreement may be passed by the Client to the Office of Government Procurement (“OGP”) and that the OGP may use this information in its sole discretion refuse access the analysis and reporting of spend data including the preparation and publishing of reports. H. The Contractor shall comply with all applicable obligations arising pursuant to its premises the European Communities (Protection of Employees’ Rights on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) and Council Directive 2001/23/EC (together the “TUPE Regulations”) and failure to so comply shall constitute a serious breach of this Agreement. The Contractor shall indemnify, save harmless and keep the Client indemnified from and against all liabilities (including the cost of wages, salaries and other remuneration or benefits, expenses, taxation, PRSI payments, health contributions, levies, losses, claims, demands, actions, fines, penalties, awards, (including legal expenses on an indemnity basis)) from, or incurred by reason of, any claims made against the Client under the TUPE Regulations by any member Affected Employees. Affected Employees shall mean those employees in respect of whom the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring SchemeTUPE Regulations may be deemed to apply in connection with this Agreement.

Appears in 2 contracts

Samples: Services Contract, Services Contract

Contractor’s Obligations. 3.1 A. The Contractor shall deliver the Goods or Services in accordance undertakes to act with the Specification Schedule. 3.2 The Contractor shall fulfil its obligations under the Contract with all reasonable skilldue care, care skill and diligence to the reasonable satisfaction of the Authority. 3.3 Subject to the Prisons Schedule, when visiting any premises of the Authority, the Contractor’s Personnel shall comply with any reasonable instructions, including the Authority’s health and safety and environmental policy. Contractor’s Personnel may be excluded permanently from such premises at the Authority’s sole discretion. 3.4 Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 If the Contractor fails to deliver the Goods or Services within the time stipulated in the Contract, the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority. 3.6 The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 The Authority may require the Contractor to ensure that any person employed in the provision of the Services has undertaken a Criminal Records Bureau check as per and generally in the Contractor’s Personnel Vetting Procedurescarrying out of its obligations under this Agreement and in the appointment, monitoring and retention of its agents and Subcontractors. The Contractor shall ensure that no person who discloses that he/she has a Relevant Convictionrequire its agents and Subcontractors to exercise due care, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged skill and diligence in the provision of the ServicesServices and generally in the carrying out of obligations allocated by the Contractor to its agents and Subcontractors under this Agreement. 3.9 IndividualsB. In consideration of the payment of the Charges and subject to clause 3 the Contractor shall: 1. provide the Services in accordance with the Specification, the RFT, the Client’s directions and the terms of this Agreement; 2. comply with and implement any policies, guidelines and/or any project governance protocols issued by the Client from time to time and notified to the Contractor in writing; 3. comply with all local security and health and safety arrangements as notified to it by the Client; and 4. provide the Services in accordance with good industry practice and comply with all applicable laws including but not limited to all obligations in the field of environmental, social and labour law that apply at the place where the Services are provided, that have been established by EU law, national law, collective agreements and by international, environmental, social and labour law listed in Annex X of Directive 2014/24/EU. The Contractor shall be responsible for compliance with all statutory requirements of an employer and without prejudice to the generality of the foregoing shall be solely responsible in law for the employment, remuneration, taxes, immigration and work permits of all personnel retained for the purposes of complying with this Agreement. C. The Contractor is deemed to be the prime contractor under this Agreement and the Contractor assumes full responsibility for the discharge of all obligations under this Agreement and shall assume all the duties, responsibilities and obligations associated with the position of prime contractor. The Contractor as prime contractor under the Submission hereby assumes liability for its Subcontractors and shall ensure that its Subcontractors shall comply in all respects with the relevant terms of this Agreement, including those held but not limited to clause 1B(4) above, to the extent that it or they are retained by the Contractor. D. Without prejudice to clause 1C, where the Client becomes aware that any of the exclusion grounds set out in lawful custody or on probation are regarded as vulnerable persons under Article 57 of EU Directive 2014/24/EU apply to any Subcontractor, the Safeguarding Vulnerable Groups Xxx 0000. Where Client reserves the Authority deems it necessary right to require the Contractor to immediately replace such Subcontractor and the Contractor shall provide comply with such requirement. The Contractor shall include in every sub-contract a list right for the Contractor to terminate the sub-contract where any of Personnel who will the exclusion grounds apply to the Subcontractor and a requirement that the Subcontractor, in turn, includes a provision having the same effect in any sub-contract which it awards. E. During this Agreement the Contractor shall be providing an independent contractor and not the Goods employee of the Client. Neither Party shall have any authority to bind or Services that have been vetted commit the other. Nothing herein shall be deemed or construed to create a joint venture, partnership, and/or fiduciary or other relationship between the Parties for any purpose. The officers, employees or agents of the Contractor are not and shall not hold themselves out to be (and shall not be held out by the Independent Safeguarding AuthorityContractor as being) servants or agents of the Client for any purposes whatsoever. F. The Client acknowledges that the Contractor may from time to time be dependent on the Client to facilitate the Contractor in the carrying out of its duties under this Agreement. The Authority Client agrees to use its reasonable endeavours to so facilitate the Contractor within the timescales and in the manner agreed by it in writing in accordance with clause 10. G. The Contractor agrees that any information relating to this Agreement and / or the performance of this Agreement may be passed by the Client to the Office of Government Procurement (“OGP”) and that the OGP may use this information in its sole discretion refuse access the analysis and reporting of spend data including the preparation and publishing of reports. H. The Contractor shall comply with all applicable obligations arising pursuant to its premises the European Communities (Protection of Employees’ Rights on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) and Council Directive 2001/23/EC (together the “TUPE Regulations”) and failure to so comply shall constitute a serious breach of this Agreement. The Contractor shall indemnify, save harmless and keep the Client indemnified from and against all liabilities (including the cost of wages, salaries and other remuneration or benefits, expenses, taxation, PRSI payments, health contributions, levies, losses, claims, demands, actions, fines, penalties, awards, (including legal expenses on an indemnity basis)) from, or incurred by reason of, any claims made against the Client under the TUPE Regulations by any member Affected Employees. Affected Employees shall mean those employees in respect of whom the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring SchemeTUPE Regulations may be deemed to apply in connection with this Agreement.

Appears in 2 contracts

Samples: Services Agreement, Services Agreement

Contractor’s Obligations. 3.1 A. The Contractor shall deliver the Goods or Services in accordance undertakes to act with the Specification Schedule. 3.2 The Contractor shall fulfil its obligations under the Contract with all reasonable skilldue care, care skill and diligence to the reasonable satisfaction of the Authority. 3.3 Subject to the Prisons Schedule, when visiting any premises of the Authority, the Contractor’s Personnel shall comply with any reasonable instructions, including the Authority’s health and safety and environmental policy. Contractor’s Personnel may be excluded permanently from such premises at the Authority’s sole discretion. 3.4 Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 If the Contractor fails to deliver the Goods or Services within the time stipulated in the Contract, the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority. 3.6 The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 The Authority may require the Contractor to ensure that any person employed in the provision of the Services has undertaken a Criminal Records Bureau check as per and generally in the Contractor’s Personnel Vetting Procedurescarrying out of its obligations under this Agreement and in the appointment, monitoring and retention of its agents and Subcontractors. The Contractor shall ensure that no person who discloses that he/she has a Relevant Convictionrequire its agents and Subcontractors to exercise due care, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged skill and diligence in the provision of the ServicesServices and generally in the carrying out of obligations allocated by the Contractor to its agents and Subcontractors under this Agreement. 3.9 IndividualsB. In consideration of the payment of the Charges and subject to clause 3 the Contractor shall: 1. provide the Services in accordance with the Specification, the RFT, the Client’s directions and the terms of this Agreement; 2. comply with and implement any policies, guidelines and/or any project governance protocols issued by the Client from time to time and notified to the Contractor in writing; 3. comply with all local security and health and safety arrangements as notified to it by the Client; and 4. provide the Services in accordance with good industry practice and comply with all applicable laws including but not limited to all obligations in the field of environmental, social and labour law that apply at the place where the Services are provided, that have been established by EU law, national law, collective agreements and by international, environmental, social and labour law listed in Schedule 7 of the European Union (Award of Public Authority Contracts) Regulations 2016 (Statutory Instrument 284 of 2016) (the “Regulations”) . The Contractor shall be responsible for compliance with all statutory requirements of an employer and without prejudice to the generality of the foregoing shall be solely responsible in law for the employment, remuneration, taxes, immigration and work permits of all personnel retained for the purposes of complying with this Agreement. C. The Contractor is deemed to be the prime contractor under this Agreement and the Contractor assumes full responsibility for the discharge of all obligations under this Agreement and shall assume all the duties, responsibilities and obligations associated with the position of prime contractor. The Contractor as prime contractor under the Submission hereby assumes liability for its Subcontractors and shall ensure that its Subcontractors shall comply in all respects with the relevant terms of this Agreement, including those held in lawful custody but not limited to clause 1B(4) above, to the extent that it or on probation they are regarded as vulnerable persons under retained by the Safeguarding Vulnerable Groups Xxx 0000Contractor. Where the Authority deems it necessary Subject to clause 14, the Contractor shall provide notify the Client as soon as possible of any changes to the name, contact details and legal representatives of its Subcontractors. D. Without prejudice to clause 1C, where the Client becomes aware that any of the exclusion grounds set out in Regulation 57 of the Regulations apply to any Subcontractor, the Client reserves the right to require the Contractor to immediately replace such Subcontractor and the Contractor shall comply with such requirement. The Contractor shall include in every sub-contract a list right for the Contractor to terminate the sub-contract where any of Personnel who will the exclusion grounds apply to the Subcontractor and a requirement that the Subcontractor, in turn, includes a provision having the same effect in any sub-contract which it awards. E. During this Agreement the Contractor shall be providing an independent contractor and not the Goods employee of the Client. Neither Party shall have any authority to bind or Services that have been vetted commit the other. Nothing herein shall be deemed or construed to create a joint venture, partnership, and/or fiduciary or other relationship between the Parties for any purpose. The officers, employees or agents of the Contractor are not and shall not hold themselves out to be (and shall not be held out by the Independent Safeguarding AuthorityContractor as being) servants or agents of the Client for any purposes whatsoever. F. The Client acknowledges that the Contractor may from time to time be dependent on the Client to facilitate the Contractor in the carrying out of its duties under this Agreement. The Authority Client agrees to use its reasonable endeavours to so facilitate the Contractor within the timescales and in the manner agreed by it in writing in accordance with clause 10. G. The Contractor agrees that any information relating to this Agreement and / or the performance of this Agreement may be passed by the Client to the Office of Government Procurement (“OGP”) and that the OGP may use this information in the analysis and reporting of spend data including the preparation and publishing of reports. H. The Contractor shall comply with all applicable obligations arising pursuant to the European Communities (Protection of Employees’ Rights on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) and Council Directive 2001/23/EC (together the “TUPE Regulations”) and failure to so comply shall constitute a serious breach of this Agreement. The Contractor shall indemnify, save harmless and keep the Client indemnified from and against any claim arising or loss or costs incurred as a result of its sole discretion refuse access failure or incapacity to fulfil its premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures obligation under the Vetting and Barring Schemesaid TUPE Regulations.

Appears in 2 contracts

Samples: Services Agreement, Services Agreement

Contractor’s Obligations. 3.1 The Contractor shall deliver employ at all times a sufficient number of Contractor’s Personnel to fulfil its obligations under the Goods Contract. All Contractors’ Personnel shall possess the qualifications and competence appropriate to the tasks for which they are employed. If and when so directed in writing by the Authority the Contractor shall within seven (7) days provide details of the qualifications and competence of any person employed or Services proposed to be employed by the Contractor in accordance connection with the Specification ScheduleContract and shall provide a copy of any certificate or qualification or competence that has been issued in respect of any such person. The Contractor shall, if required by the Authority, provide its Personnel with a copy of the Cabinet Office Joint Statement on access to skills, trade unions and advice in government contracting. 3.2 The Contractor shall fulfil at all times comply with the Quality Standards, and where applicable shall maintain accreditation with the relevant Quality Standards authorisation body. To the extent that the standard of the Goods or Services has not been specified in the Contract, the Contractor shall agree the relevant standard of the Goods or Services with the Authority prior to the supply of the Goods or Services and, in any event, the Contractor shall perform its obligations under the Contract in accordance with the Law and Good Industry Practice. The Contractor shall ensure that all Contractors’ Personnel supplying the Goods or Services shall do so with all reasonable due skill, care and diligence as are necessary for the proper supply of the Services. 3.3 The Authority, whose decision shall be final and conclusive, reserves the right under the Contract to the reasonable satisfaction refuse to admit to, or to withdraw permission to remain on, any Premises occupied by or on behalf of the Authority.: 3.3 Subject 3.3.1 Any member of the Contractor’s Personnel; or 3.3.2 Any person employed or engaged by a sub-contractor, agent or servant of the Contractor 3.4 If and when directed by the Authority, the Contractor shall provide a list of the names and addresses, National Insurance numbers, periods of employment, immigration status and tax exemption certificates of all persons who it is expected may require admission in connection with the Contract to the Prisons Schedule, when visiting any premises occupied by or on behalf of the Authority, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably desire. 3.5 The Contractor’s Personnel Personnel, engaged within the boundaries of a Government establishment, shall comply with any reasonable instructionssuch rules, regulations and requirements (including the Authority’s health and safety and environmental policy. Contractor’s Personnel those relating to security arrangements) as may be excluded permanently in force from such premises time to time for the conduct of contractors’ personnel when at the Authority’s sole discretionthat establishment and when outside that establishment. 3.4 Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 3.6 If the Contractor fails to deliver comply with clause 3.4 above the Goods or Services Authority, (whose decision shall be final and conclusive), may decide that such failure is prejudicial to the interests of the Crown; and if the Contractor does not comply with the provisions of clause 3.4 within 2 Months of the time stipulated in date of a written notice from the Contract, Authority so to do then the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without provided always that such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to any other rights and remedies of the Authority. 3.6 3.7 The Contractor shall bear the cost of any complying with any requirement of this clause. 3.8 The Contractor shall promptly inform and keep informed the Authority in writing of any industrial relations problems or other matters relating to the Contractor’s Personnel which may affect the performance of the Contract. 3.9 The Contractor shall not employ any person where the Contractor knows, or by reason of the circumstances might reasonably be expected to know, that the person concerned is involved in any unlawful procurement of Social Security benefits or tax exemptions in connection with his employment by the Contractor. The Contractor shall not make, facilitate or participate in the procurement of any unlawful payments to any person employed by the Contractor, whether in the nature of Social Security fraud, evasion of tax or otherwise. 3.10 The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 3.11 The Authority may require the Contractor to ensure that any person employed in the provision of the Goods or Services has undertaken a Criminal Records Bureau check as per the Contractor’s Personnel Vetting Procedures. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged in the provision of the Goods or Services. 3.9 3.12 Individuals, including those held in lawful custody or on probation are regarded as vulnerable persons under the Safeguarding Vulnerable Groups Xxx 0000Act 2006. Where the Authority deems it necessary the Contractor shall provide a list of Personnel who will be providing the Goods or Services that have been vetted by the Independent Safeguarding Authority. The Authority may in its sole discretion refuse access to its premises Premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring Scheme. 3.13 The Contractor shall be subject to the provisions of the Schedules to this Contract as applicable.

Appears in 1 contract

Samples: Supply Agreement

Contractor’s Obligations. 3.1 The Contractor shall deliver the Goods or Services in accordance with the Specification ScheduleSchedule B: Specification. 3.2 The Contractor shall fulfil its obligations under the Contract with all reasonable skill, care and diligence to the reasonable satisfaction of the Authority. 3.3 Subject to the Prisons ScheduleSchedule D: HM Prisons, when visiting any premises of the Authority, the Contractor’s Personnel shall comply with any reasonable instructions, including the Authority’s health and safety and environmental policy. Contractor’s Personnel may be excluded permanently from such premises at the Authority’s sole discretion. 3.4 Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 If the Contractor fails to deliver the Goods or Services within the time stipulated in the Contract, the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority. 3.6 The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Goods or Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 The Authority may require the Contractor to ensure that any person employed in the provision of the Goods or Services has undertaken a Criminal Records Bureau check as per the Contractor’s Personnel Vetting Procedures. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged in the provision of the Goods or Services. 3.9 Individuals, including those held in lawful custody or on probation are regarded as vulnerable persons under the Safeguarding Vulnerable Groups Xxx 0000Act 2006. Where the Authority deems it necessary the Contractor shall provide a list of Personnel who will be providing the Goods or Services that have been vetted by the Independent Safeguarding Authority. The Authority may in its sole discretion refuse access to its premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring Scheme.

Appears in 1 contract

Samples: Contract for Upgrade of Heating Controls

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Contractor’s Obligations. 3.1 The Contractor shall deliver employ at all times a sufficient number of Contractor’s Personnel to fulfil its obligations under the Goods Contract. All Contractors’ Personnel shall possess the qualifications and competence appropriate to the tasks for which they are employed. If and when so directed in writing by the Authority the Contractor shall within seven (7) days provide details of the qualifications and competence of any person employed or Services proposed to be employed by the Contractor in accordance connection with the Specification ScheduleContract and shall provide a copy of any certificate or qualification or competence that has been issued in respect of any such person. The Contractor shall, if required by the Authority, provide its Personnel with a copy of the Cabinet Office Joint Statement on access to skills, trade unions and advice in government contracting. 3.2 The Contractor shall fulfil at all times comply with the Quality Standards, and where applicable shall maintain accreditation with the relevant Quality Standards authorisation body. To the extent that the standard of the Goods or Services has not been specified in the Contract, the Contractor shall agree the relevant standard of the Goods or Services with the Authority prior to the supply of the Goods or Services and, in any event, the Contractor shall perform its obligations under the Contract in accordance with the Law and Good Industry Practice. The Contractor shall ensure that all Contractors’ Personnel supplying the Goods or Services shall do so with all reasonable due skill, care and diligence as are necessary for the proper supply of the Services. 3.3 The Authority, whose decision shall be final and conclusive, reserves the right under the Contract to the reasonable satisfaction refuse to admit to, or to withdraw permission to remain on, any Premises occupied by or on behalf of the Authority.: 3.3 Subject to 3.3.1 Any member of the Prisons ScheduleContractor’s Personnel; or 3.3.2 Any person employed or engaged by a sub-contractor, when visiting any premises agent or servant of the Contractor Whose admission or continued presence would be, in the opinion of the Authority, undesirable? 3.4 If and when directed by the Authority, the Contractor shall provide a list of the names and addresses, National Insurance numbers, periods of employment, immigration status and tax exemption certificates of all persons who it is expected may require admission in connection with the Contract to any premises occupied by or on behalf of the Authority, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably desire. 3.5 The Contractor’s Personnel Personnel, engaged within the boundaries of a Government establishment, shall comply with any reasonable instructionssuch rules, regulations and requirements (including the Authority’s health and safety and environmental policy. Contractor’s Personnel those relating to security arrangements) as may be excluded permanently in force from such premises time to time for the conduct of contractors’ personnel when at the Authority’s sole discretionthat establishment and when outside that establishment. 3.4 Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 3.6 If the Contractor fails to deliver comply with clause 3.4 above the Goods or Services Authority, (whose decision shall be final and conclusive), may decide that such failure is prejudicial to the interests of the Crown; and if the Contractor does not comply with the provisions of clause 3.4 within 2 Months of the time stipulated in date of a written notice from the Contract, Authority so to do then the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without provided always that such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to any other rights and remedies of the Authority. 3.6 3.7 The Contractor shall bear the cost of any complying with any requirement of this clause. 3.8 The Contractor shall promptly inform and keep informed the Authority in writing of any industrial relations problems or other matters relating to the Contractor’s Personnel which may affect the performance of the Contract. 3.9 The Contractor shall not employ any person where the Contractor knows, or by reason of the circumstances might reasonably be expected to know, that the person concerned is involved in any unlawful procurement of Social Security benefits or tax exemptions in connection with his employment by the Contractor. The Contractor shall not make, facilitate or participate in the procurement of any unlawful payments to any person employed by the Contractor, whether in the nature of Social Security fraud, evasion of tax or otherwise. 3.10 The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 3.11 The Authority may require the Contractor to ensure that any person employed in the provision of the Goods or Services has undertaken a Criminal Records Bureau check as per the Contractor’s Personnel Vetting Procedures. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged in the provision of the Goods or Services. 3.9 3.12 Individuals, including those held in lawful custody or on probation are regarded as vulnerable persons under the Safeguarding Vulnerable Groups Xxx 0000Act 2006. Where the Authority deems it necessary the Contractor shall provide a list of Personnel who will be providing the Goods or Services that have been vetted by the Independent Safeguarding Authority. The Authority may in its sole discretion refuse access to its premises Premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring Scheme. 3.13 The Contractor shall be subject to the provisions of the Schedules to this Contract as applicable.

Appears in 1 contract

Samples: Supply Agreement

Contractor’s Obligations. 3.1 The Contractor shall deliver the Goods or Services in accordance with the Specification Schedule. 3.2 . The Contractor shall fulfil its obligations under the Contract with all reasonable skill, care and diligence to the reasonable satisfaction of the Authority. 3.3 . Subject to the Prisons Schedule, when visiting any premises of the Authority, the Contractor’s Personnel shall comply with any reasonable instructions, including the Authority’s health and safety and environmental policy. Contractor’s Personnel may be excluded permanently from such premises at the Authority’s sole discretion. 3.4 . Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 . If the Contractor fails to deliver the Goods or Services within the time stipulated in the Contract, the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority. 3.6 The . ‫The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Goods or Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 . At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 . The Authority may require the Contractor to ensure that any person employed in the provision of the Services has undertaken a Criminal Records Bureau check as per the Contractor’s Personnel Vetting Procedures. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged in the provision of the Goods or Services. 3.9 . Individuals, including those held in lawful custody or on probation are regarded as vulnerable persons under the Safeguarding Vulnerable Groups Xxx 0000. Where the Authority deems it necessary the Contractor shall provide a list of Personnel who will be providing the Goods or Services that have been vetted by the Independent Safeguarding Authority. The Authority may in its sole discretion refuse access to its premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring Scheme.

Appears in 1 contract

Samples: Contract for the Provision of Support for Prison Ict Academies (Picta)

Contractor’s Obligations. 3.1 3.1. The Contractor shall deliver the Goods or Services in accordance with the Specification Schedule. 3.2 3.2. The Contractor shall fulfil its obligations under the Contract with all reasonable skill, care and diligence to the reasonable satisfaction of the Authority. 3.3 3.3. Subject to the Prisons Schedule, when visiting any premises of the Authority, the Contractor’s Personnel shall comply with any reasonable instructions, including the Authority’s health and safety and environmental policy. Contractor’s Personnel may be excluded permanently from such premises at the Authority’s sole discretion. 3.4 3.4. Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 3.5. If the Contractor fails to deliver the Goods or Services within the time stipulated in the Contract, the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority.. Refurbishment of Dental Surgery HMPS Wayland – 1422-1-Clinical/Medical-MID_RFP 3.6 3.6. The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Goods or Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 3.7. At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 3.8. The Authority may require the Contractor to ensure that any person employed in the provision of the Services has undertaken a Criminal Records Bureau check as per the Contractor’s Personnel Vetting Procedures. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged in the provision of the Goods or Services. 3.9 3.9. Individuals, including those held in lawful custody or on probation are regarded as vulnerable persons under the Safeguarding Vulnerable Groups Xxx 0000Act 2006. Where the Authority deems it necessary the Contractor shall provide a list of Personnel who will be providing the Goods or Services that have been vetted by the Independent Safeguarding Authority. The Authority may in its sole discretion refuse access to its premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring Scheme.

Appears in 1 contract

Samples: Contract

Contractor’s Obligations. 3.1 The Contractor shall deliver the Goods or Services in accordance with the Specification Schedule. 3.2 . The Contractor shall fulfil its obligations under the Contract with all reasonable skill, care and diligence to the reasonable satisfaction of the Authority. 3.3 . Subject to the Prisons Schedule, when visiting any premises of the Authority, the Contractor’s Personnel shall comply with any reasonable instructions, including the Authority’s health and safety and environmental policy. Contractor’s Personnel may be excluded permanently from such premises at the Authority’s sole discretion. 3.4 . Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 . If the Contractor fails to deliver the Goods or Services within the time stipulated in the Contract, the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority. 3.6 The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 . The Authority may require the Contractor to ensure that any person employed in the provision of the Services has undertaken a Criminal Records Bureau check as per the Contractor’s Personnel Vetting Procedures. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged in the provision of the Goods or Services. 3.9 . Individuals, including those held in lawful custody or on probation are regarded as vulnerable persons under the Safeguarding Vulnerable Groups Xxx 0000. Where the Authority deems it necessary the Contractor shall provide a list of Personnel who will be providing the Goods or Services that have been vetted by the Independent Safeguarding Authority. The Authority may in its sole discretion refuse access to its premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring Scheme.

Appears in 1 contract

Samples: Contract for Removal of R22

Contractor’s Obligations. 3.1 The Contractor shall deliver the Goods or Services in accordance with the Specification ScheduleSchedule B: Specification. 3.2 The Contractor shall fulfil its obligations under the Contract with all reasonable skill, care and diligence to the reasonable satisfaction of the Authority. 3.3 Subject to the Prisons ScheduleSchedule D: HM Prisons, when visiting any premises of the Authority, the Contractor’s Personnel shall comply with any reasonable instructions, including the Authority’s health and safety and environmental policy. Contractor’s Personnel may be excluded permanently from such premises at the Authority’s sole discretion. 3.4 Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 If the Contractor fails to deliver the Goods or Services within the time stipulated in the Contract, the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority. 3.6 The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Goods or Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 The Authority may require the Contractor to ensure that any person employed in the provision of the Services has undertaken a Criminal Records Bureau check as per the Contractor’s Personnel Vetting Procedures. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged in the provision of the Services. 3.9 Individuals, including those held in lawful custody or on probation are regarded as vulnerable persons under the Safeguarding Vulnerable Groups Xxx 0000. Where the Authority deems it necessary the Contractor shall provide a list of Personnel who will be providing the Goods or Services that have been vetted by the Independent Safeguarding Authority. The Authority may in its sole discretion refuse access to its premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring Scheme.

Appears in 1 contract

Samples: Supply Agreement

Contractor’s Obligations. 3.1 3.1. The Contractor shall deliver the Goods or Services in accordance with the Specification Schedule. 3.2 3.2. The Contractor shall fulfil its obligations under the Contract with all reasonable skill, care and diligence to the reasonable satisfaction of the Authoritydiligence. 3.3 3.3. Subject to the Prisons Schedule, when visiting any premises of the Authority, the Contractor’s Personnel shall comply with any reasonable instructions, including the Authority’s health and safety and environmental policy. Contractor’s Personnel may be excluded permanently from such premises at the Authority’s sole discretion. 3.4 3.4. Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 3.5. If the Contractor fails to deliver the Goods or Services within the time stipulated in the Contract, the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority. 3.6 3.6. The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Goods or Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 3.7. At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 3.8. The Authority may require the Contractor to ensure that any person employed in the provision of the Services has undertaken a Criminal Records Bureau check as per the Contractor’s Personnel Vetting Procedures. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged in the provision of the Goods or Services. 3.9 3.9. Individuals, including those held in lawful custody or on probation are regarded as vulnerable persons under the Safeguarding Vulnerable Groups Xxx 0000Act 2006. Where the Authority deems it necessary the Contractor shall provide a list of Personnel who will be providing the Goods or Services that have been vetted by the Independent Safeguarding Authority. The Authority may in its sole discretion refuse access to its premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring Scheme.

Appears in 1 contract

Samples: Provision of Legacy Custodial Locking Parts and Components

Contractor’s Obligations. 3.1 The Contractor shall deliver the Goods or Services in accordance with the Specification Schedule. 3.2 The Contractor shall fulfil its obligations under the Contract with all reasonable skill, care and diligence to the reasonable satisfaction of the Authority. 3.3 Subject to the Prisons Schedule, when visiting any premises of the Authority, the Contractor’s Personnel shall comply with any reasonable instructions, including the Authority’s health and safety and environmental policy. Contractor’s Personnel may be excluded permanently from such premises at the Authority’s sole discretion. 3.4 Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 If the Contractor fails to deliver the Goods or Services within the time stipulated in the Contract, the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority. 3.6 The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 The Authority may require the Contractor to ensure that any person employed in the provision of the Services has undertaken a Criminal Records Bureau check as per the Contractor’s Personnel Vetting Procedures. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged in the provision of the Services. 3.9 Individuals, including those held in lawful custody or on probation are regarded as vulnerable persons under the Safeguarding Vulnerable Groups Xxx 0000Act 2006. Where the Authority deems it necessary the Contractor shall provide a list of Personnel who will be providing the Goods or Services that have been vetted by the Independent Safeguarding Authority. The Authority may in its sole discretion refuse access to its premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring Scheme.

Appears in 1 contract

Samples: Contract for Pipe Insulation Upgrade

Contractor’s Obligations. 3.1 3.1. The Contractor shall deliver the Goods or Services in accordance with the Specification Schedule. 3.2 3.2. The Contractor shall fulfil its obligations under the Contract Framework Agreement with all reasonable skill, care and diligence to the reasonable satisfaction of the Authority. 3.3 3.3. Subject to the Prisons Schedule, when visiting any premises of the Authority, the Contractor’s Personnel shall comply with any reasonable instructions, including the Authority’s health and safety and environmental policy. Contractor’s Personnel may be excluded permanently from such premises at the Authority’s sole discretion. 3.4 3.4. Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 3.5. If the Contractor fails to deliver the Goods or Services within the time stipulated in the ContractFramework Agreement, the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the ContractFramework Agreement, in either case without prejudice to any other rights and remedies of the Authority. 3.6 3.6. The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Goods or Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 3.7. At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract Framework Agreement to the Premises, specifying the capacities in which they are concerned with the Contract Framework Agreement and giving such other particulars as the Authority may reasonably request. 3.8 3.8. The Authority may require the Contractor to ensure that any person employed in the provision of the Services has undertaken a Criminal Records Bureau check as per the Contractor’s Personnel Vetting Procedures. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged in the provision of the Goods or Services. 3.9 3.9. Individuals, including those held in lawful custody or on probation are regarded as vulnerable persons under the Safeguarding Vulnerable Groups Xxx 0000Act 2006. Where the Authority deems it necessary the Contractor shall provide a list of Personnel who will be providing the Goods or Services that have been vetted by the Independent Safeguarding Authority. The Authority may in its sole discretion refuse access to its premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring Scheme.

Appears in 1 contract

Samples: Framework Agreement

Contractor’s Obligations. 3.1 The Contractor shall deliver supply the Goods Services during the Contract Period in accordance with the Financial Ombudsman Service requirements as set out in the Contract in consideration for the payment of the Contract Price. The Financial Ombudsman Service may inspect and examine the manner in which the Contractor supplies the Services at the Premises during normal business hours on reasonable notice. If the Financial Ombudsman Service informs the Contractor in writing that the Financial Ombudsman Service reasonably believes that any part of the Services does not meet the requirements of the Contract or differs in any way from those requirements, and this is other than as a result of a Default on the part of the Financial Ombudsman Service, the Contractor shall at its own expense re-schedule and carry out the Services in accordance with the Specification Schedulerequirements of the Contract within such reasonable time as may be specified by the Financial Ombudsman Service. 3.2 The Contractor shall fulfil at all times comply with the Quality Standards, and where applicable shall maintain accreditation with the relevant Quality Standards authorisation body. To the extent that the standard of the Services has not been specified in the Contract, the Contractor shall agree the relevant standard of the Services with the Financial Ombudsman Service prior to the supply of the Services and, in any event, the Contractor shall perform its obligations under the Contract in accordance with the Law and Good Industry Practice. The Contractor shall ensure that all Contractors’ Personnel supplying the Services shall do so with all reasonable due skill, care and diligence to as are necessary for the reasonable satisfaction proper supply of the AuthorityServices. 3.3 Subject The Financial Ombudsman Service, whose decision shall be final and conclusive, reserves the right under the Contract to refuse to admit to, or to withdraw permission to remain on, any Premises occupied by or on behalf of the Financial Ombudsman Service: 3.3.1 any member of the Contractor’s Personnel; or 3.3.2 any person employed or engaged by a sub-contractor, agent or servant of the Contractor whose admission or continued presence would be, in the opinion of the Financial Ombudsman Service, undesirable. 3.4 If and when directed by the Financial Ombudsman Service, the Contractor shall provide a list of the names and business addresses of all persons who may require admission in connection with the Contract to the Prisons SchedulePremises, when visiting any premises specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Financial Ombudsman Service may reasonably request. 3.5 The Contractor’s Personnel, engaged within the boundaries of the AuthorityFinancial Ombudsman Service Premises shall comply with such rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for the conduct of contractors’ personnel when at or outside those Premises. 3.6 The decision of the Financial Ombudsman Service as to whether any person is to be refused access to the Premises and as to whether the Contractor has failed to comply with clause 3 shall be conclusive. 3.7 The Contractor shall promptly inform and keep informed the Financial Ombudsman Service in writing of any industrial relations problems or other matters relating to the Contractor’s Personnel shall comply with any reasonable instructions, including which may affect the Authority’s health and safety and environmental policy. Contractor’s Personnel may be excluded permanently from such premises at performance of the Authority’s sole discretionContract. 3.4 Where time 3.8 The Contractor shall not employ any person where the Contractor knows, or by reason of the circumstances might reasonably be expected to know, that the person concerned is stipulated involved in any unlawful procurement of Social Security benefits or tax exemptions in connection with his employment by the Authority for Contractor. The Contractor shall not make, facilitate or participate in the delivery procurement of any unlawful payments to any person employed by the Goods Contractor, whether in the nature of Social Security fraud, evasion of tax or Services, time shall be of the essenceotherwise. 3.5 If the Contractor fails to deliver the Goods or Services within the time stipulated in the Contract, the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority. 3.6 3.9 The Contractor shall comply with the AuthorityFinancial Ombudsman Service’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 The Authority may require the Contractor to ensure that any person employed in the provision of the Services has undertaken a Criminal Records Bureau check as per the Contractor’s Personnel Vetting Procedures. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged in the provision of the Services. 3.9 Individuals, including those held in lawful custody or on probation are regarded as vulnerable persons under the Safeguarding Vulnerable Groups Xxx 0000. Where the Authority deems it necessary the Contractor shall provide a list of Personnel who will be providing the Goods or Services that have been vetted by the Independent Safeguarding Authority. The Authority may in its sole discretion refuse access to its premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring Scheme.

Appears in 1 contract

Samples: Contract for the Provision of Executive and Non Executive Level Recruitment for Permanent and Interim Management.

Contractor’s Obligations. 3.1 3.1. The Contractor shall deliver the Goods or Services in accordance with the Specification Schedule. 3.2 3.2. The Contractor shall fulfil its obligations under the Contract with all reasonable skill, care and diligence to the reasonable satisfaction of the Authority. 3.3 3.3. Subject to the Prisons Schedule, when visiting any premises of the Authority, the Contractor’s Personnel shall comply with any reasonable instructions, including the Authority’s health and safety and environmental policy. Contractor’s Personnel may be excluded permanently from such premises at the Authority’s sole discretion. 3.4 3.4. Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 3.5. If the Contractor fails to deliver the Goods or Services within the time stipulated in the Contract, the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority. 3.6 3.6. The Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Goods or Services. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 3.7. At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 3.8. The Authority may require the Contractor to ensure that any person employed in the provision of the Goods or Services has undertaken a Criminal Records Bureau criminal records check by means of a Basic Disclosure or a Disclosure and Barring Service (DBS) check as per the Contractor’s Personnel Vetting Procedures. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found by the Contractor to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau criminal records disclosure check or otherwise) is employed or engaged in the provision of the Goods or Services. 3.9 Individuals, including those held in lawful custody or on probation are regarded as vulnerable persons under the Safeguarding Vulnerable Groups Xxx 00003.9. Where the Authority deems it necessary the Contractor shall provide a list of Personnel who will be providing undertaking regulated activity according to the Goods or Services that have been vetted by the Independent Safeguarding AuthorityProtection of Freedoms Act 2012. The Authority may in its sole discretion refuse access to its premises Premises by any member of the Contractor’s Personnel who does has not successfully complete been subjected to the vetting procedures under necessary checks by the Vetting Disclosure and Barring Scheme.Service

Appears in 1 contract

Samples: Professional Services

Contractor’s Obligations. 3.1 The a) Contractor shall appear at all scheduled fair hearings concerning its clinical determinations and/or Contractor- initiated disenrollments to present evidence as justification for its determination or submit written evidence as justification for its determination regarding the disputed benefits and/or services. If Contractor will not be making a personal appearance at the fair hearing, the written material must be submitted to OAH and Enrollee or Enrollee's representative at least three (3) business days prior to the scheduled hearing. If the hearing is scheduled fewer than three (3) business days after the request, Contractor must deliver the Goods or Services evidence to the hearing site no later than one (1) business day prior to the hearing, otherwise Contractor must appear in accordance with person. Notwithstanding the Specification Scheduleabove provisions, Contractor may be required to make a personal appearance at the discretion of the hearing officer and/or SDOH. 3.2 The b) Despite an Enrollee's request for a State fair hearing in any given dispute, Contractor shall fulfil is required to maintain and operate in good faith its obligations own internal SECTION 23 - SECTION 37 October 1, 2004 - 3 - complaint and appeal process as required under state and federal laws and by Section 14 and Appendix F of this Agreement. Enrollees may seek redress of adverse determinations simultaneously through Contractor's internal process and the Contract with all reasonable skill, care State fair hearing process. If Contractor has reversed its initial determination and diligence provided the service to the reasonable satisfaction of Enrollee, Contractor may request a waiver from appearing at the Authorityhearing and, in submitted papers, explain that it has withdrawn its initial determination and is providing the service or treatment formerly in dispute. 3.3 Subject to the Prisons Schedule, when visiting any premises of the Authority, the Contractor’s Personnel shall comply with any reasonable instructions, including the Authority’s health and safety and environmental policy. Contractor’s Personnel may be excluded permanently from such premises at the Authority’s sole discretion. 3.4 Where time is stipulated by the Authority for the delivery of the Goods or Services, time shall be of the essence. 3.5 If the Contractor fails to deliver the Goods or Services within the time stipulated in the Contract, the Authority may refuse to accept and pay for some or all the Goods or Services and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority. 3.6 The c) Contractor shall comply with the Authority’s procedures for the vetting of Contractor’s Personnel in respect of all persons employed or engaged in the provision of the Servicesdeterminations rendered by OAH at fair hearings. The Contractor confirms that all persons employed or engaged by the Contractor were vetted and recruited on a basis that is equivalent to and no less strict than the Contractors’ Personnel Vetting Procedures. 3.7 At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission in connection cooperate with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. 3.8 The Authority may require the Contractor SDOH efforts to ensure that any person employed Contractor is in the provision of the Services has undertaken a Criminal Records Bureau check as per the Contractor’s Personnel Vetting Procedurescompliance with fair hearing determinations. The Contractor shall ensure that no person who discloses that he/she has a Relevant Conviction, or is found Failure by the Contractor to have maintain such compliance shall constitute breach of this Agreement. Nothing in this Section shall limit the remedies available to SDOH, LDSS or the federal government relating to any non-compliance by Contractor with a Relevant Conviction (whether fair hearing determination or Contractor's refusal to provide disputed services. d) If SDOH investigates a complaint that has as its basis the same dispute that is the subject of a pending fair hearing and, as a result of its investigation, concludes that the disputed services and/or benefits should be provided to the Enrollee, Contractor shall comply with SDOH's directive to provide those services and/or benefits and provide notice to OAH and Enrollee as required by Section 25.6(b) of this Agreement. e) If SDOH, through its complaint investigation process, or OAH, by a police check or through determination after a fair hearing, directs Contractor to provide a service that was initially denied by Contractor, Contractor may either directly provide the Criminal Records Bureau check or otherwise) is employed or engaged in service, arrange for the provision of that service or pay for the Servicesprovision of that service by a Non-Participating Provider. 3.9 Individualsf) Contractor agrees to abide by changes made to this Section of the Agreement with respect to the fair hearing, including those held grievance and complaint processes by SDOH in lawful custody order to comply with any amendments to applicable state or on probation are regarded as vulnerable persons under federal statutes or regulations. Such changes shall become effective without need for any further action by the Safeguarding Vulnerable Groups Xxx 0000. Where the Authority deems it necessary the parties to this Agreement. g) Contractor shall provide agrees to identify a list of Personnel contact person within its organization who will serve as a liaison to SDOH for the purpose of receiving fair hearing requests, scheduled fair hearing dates and adjourned fair hearing dates and compliance with State directives. Such individual shall be providing accessible to the Goods or Services that have been vetted State by e-mail; shall monitor e-mail for correspondence from the Independent Safeguarding Authority. The Authority may in its sole discretion refuse access State at least once every business day; and shall agree, on behalf of Contractor, to its premises by any member of the Contractor’s Personnel who does not successfully complete the vetting procedures under the Vetting and Barring Schemeaccept notices to Contractor transmitted via e-mail as legally valid.

Appears in 1 contract

Samples: Medicaid Managed Care Model Contract (Wellcare Health Plans, Inc.)

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