Common use of Contractor’s Staff Clause in Contracts

Contractor’s Staff. 9.1 At all times, the Contractor shall ensure that: 9.1.1 each of the Contractor's Staff is suitably qualified, adequately trained and capable of providing the applicable Services in respect of which they are engaged; 9.1.2 there is an adequate number of Contractor's Staff to provide the Services properly; 9.1.3 only those people who are authorised by the Contractor are involved in providing the Services; and 9.1.4 all of the Contractor's Staff comply with all of the Authority's policies, rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for conduct when at or outside the Authority’s Premises. 9.2 The Authority may refuse to grant access to and remove any of the Contractor's Staff who do not comply with clause 9.1.4 or if they otherwise present a security threat or the Authority reasonably determines their presence to be undesirable. 9.3 The Contractor shall replace any of the Contractor's Staff who the Authority reasonably decides have failed to carry out their duties with reasonable skill and care. Following the removal of any of the Contractor's Staff for any reason, the Contractor shall ensure such person is replaced promptly with another person with the necessary training and skills to meet the requirements of the Services. 9.4 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. The Contractor shall ensure at all times that it has the right to provide these records under Data Protection Legislation. 9.5 The Contractor shall comply with the Authority's procedures for the vetting of personnel and as advised to the Contractor by the Authority 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 Authority's procedures for the vetting of personnel. 9.6 If the Contractor fails to comply with clause 9.4 within one Month of the date of the request and in the reasonable opinion of the Authority, such failure may be prejudicial to the interests of the Crown, then the Authority may terminate the Contract immediately by giving notice in writing at any time after the end of that one Month period, such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the Authority. 9.7 The decision of the Authority as to whether any person is to be refused access to the Premises and/or as to whether the Contractor has failed to comply with clause 9.4 shall be final and conclusive.

Appears in 7 contracts

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

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Contractor’s Staff. 9.1 7.1 At all timesany time prior to or during the term of this Contract, the Contractor shall ensure that: 9.1.1 each of the Contractor's Staff is suitably qualified, adequately trained and capable of providing the applicable Services in respect of which they are engaged; 9.1.2 there is an adequate number of Contractor's Staff to provide the Services properly; 9.1.3 only those people who are authorised by the Contractor are involved in providing the Services; and 9.1.4 County may require that all of the Contractor's Staff comply ’s staff performing work under this Contract undergo and pass, to the satisfaction of the County, a background investigation, as a condition of beginning and continuing to work under this Contract. The County shall use its discretion in determining the method of background clearance to be used, up to and including a County performed fingerprint security clearance. The fees associated with obtaining the background information shall be at the sole expense of the Contractor, regardless if the Contractor’s staff passes or fails the background clearance investigation. 7.2 The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. The Contractor’s employees, whether assigned to any one facility or as part of a crew serving any number of facilities, shall include at least one individual who speaks and comprehends the English language. 7.3 The County has the absolute right to approve or disapprove all of the Authority's policies, rules, regulations Contractor’s staff performing work hereunder and requirements (including those relating to security arrangements) as may be any proposed changes in force from time to time for conduct when at or outside the AuthorityContractor’s Premisesstaff. 9.2 7.4 The Authority Director may refuse at any time give the Contractor written notice to grant access to and remove any the effect that the conduct or action of a designated employee of the Contractor's Staff who do not comply with clause 9.1.4 or if they otherwise present a security threat or Contractor is, in the Authority reasonably determines their presence to be undesirable. 9.3 The Contractor shall replace any reasonable belief of the Contractor's Staff who Director, detrimental to the Authority reasonably decides have failed to carry out their duties with reasonable skill and care. Following the removal of any interest of the Contractor's Staff for any reason, public patronizing the Contractor shall ensure such person is replaced promptly with another person with the necessary training and skills to meet the requirements of the Services. 9.4 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 requestpremises. The Contractor shall ensure meet with the Director or his authorized representative to consider the appropriate course of action with respect to the matter and the Contractor shall take reasonable measures under the circumstances to assure the Director that the conduct and activities of the Contractor’s employee(s) will not be detrimental to the interest of the public patronizing the premises. 7.5 The Director may require the Contractor to establish an identification system for personnel assigned to the facilities which clearly indicates to the public the name of the Contractor responsible for the landscape and grounds maintenance services. The identification system shall be furnished at the Contractor's expense and may include, but not be limited to, appropriate attire and/or name badges as specified by the Director. 7.6 The Contractor shall require each of his employees to adhere to basic public works standards of working attire. These are basically: uniforms, proper shoes and other gear as required by State Safety Regulations, and the proper wearing of the clothing. Shirts shall be worn at all times that it has the right to provide these records under Data Protection Legislation. 9.5 The Contractor shall comply with the Authority's procedures for the vetting of personnel and as advised to the Contractor by the Authority 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 Authority's procedures for the vetting of personnel. 9.6 If the Contractor fails to comply with clause 9.4 within one Month of the date of the request and in the reasonable opinion of the Authority, such failure may be prejudicial to the interests of the Crown, then the Authority may terminate the Contract immediately by giving notice in writing at any time after the end of that one Month period, such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the Authority. 9.7 The decision of the Authority as to whether any person is to be refused access to the Premises and/or as to whether the Contractor has failed to comply with clause 9.4 shall be final and conclusivebuttoned.

Appears in 3 contracts

Samples: Contract for Park Maintenance Services, Contract for Park Maintenance Services, Contract for Park Maintenance Services

Contractor’s Staff. 9.1 At all times12.1 The Council may, by written notice to the Contractor shall ensure thatContractor, refuse to admit onto, or withdraw permission to remain involved in the delivery of the Services: 9.1.1 each 12.1.1 any member of the Contractor's Staff is suitably qualifiedStaff; or 12.1.2 any person employed or engaged by any member of the Staff, adequately trained and capable whose admission or continued involvement with the delivery of providing the applicable Services in respect of which they are engaged; 9.1.2 there is an adequate number of Contractor's Staff to provide the Services properly; 9.1.3 only those people who are authorised by would, in the Contractor are involved in providing the Services; and 9.1.4 all reasonable opinion of the Contractor's Staff comply with all of the Authority's policiesCouncil, rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for conduct when at or outside the Authority’s Premises. 9.2 The Authority may refuse to grant access to and remove any of the Contractor's Staff who do not comply with clause 9.1.4 or if they otherwise present a security threat or the Authority reasonably determines their presence to be undesirable. 9.3 The Contractor shall replace any of the Contractor's Staff who the Authority reasonably decides have failed to carry out their duties with reasonable skill and care. Following the removal of any of the Contractor's Staff for any reason, the Contractor shall ensure such person is replaced promptly with another person with the necessary training and skills to meet the requirements of the Services. 9.4 12.2 At the AuthorityCouncil’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 Council may reasonably request. The Contractor shall ensure at all times that it has the right to provide these records under Data Protection Legislation. 9.5 12.3 The Contractor’s Staff, engaged within the boundaries of the Premises, shall comply with such rules, regulations, policies and requirements (including those relating to security arrangements) as may be in force from time to time for the conduct of personnel when at or outside the Premises. 12.4 The Contractor shall comply with the Authority's procedures for the vetting of personnel and as advised to the Contractor by the Authority Staff Vetting Procedures 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 Authority's procedures for the vetting of personnelStaff Vetting Procedures. 9.6 12.5 In addition to any requirements specified in the Staff Vetting Procedures, the Council may require the Contractor to carry out a Disclosure and Barring Service check in respect of any person to be employed or engaged in the provision of the Services. 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 or through a Disclosure and Barring Service check or otherwise) is employed or engaged in the provision of any part of the Services. 12.6 If the Contractor fails to comply with clause 9.4 12.2 within one Month 21 days of the date of the request and the Contractor shall be in Default of its obligations under the reasonable opinion of the Authority, such failure may be prejudicial to the interests of the Crown, then the Authority may terminate the Contract immediately by giving notice in writing at any time after the end of that one Month period, such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the AuthorityContract. 9.7 12.7 The decision of the Authority Council as to whether any person is to be refused access to excluded from being employed or engaged in delivering the Premises and/or Services and as to whether the Contractor has failed to comply with clause 9.4 12.2 shall be final and conclusiveconclusive and the Contractor shall indemnify the Council in respect of all claims, costs, losses or expenses arising from a decision under clause 12.1.

Appears in 3 contracts

Samples: Contract Agreement, Young Carers Service Agreement, Services Agreement

Contractor’s Staff. 9.1 At all times64.1 The Contractor shall take the steps reasonably required by the Commissioner to prevent unauthorised persons being admitted to the Premises. If the Commissioner gives the Contractor notice that any person is not to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract, the Contractor shall ensure that:comply with such notice and if required by the Commissioner the Contractor shall replace any person removed under this condition with another suitably qualified person and procure that any pass issued to the person removed in connection with the performance of the Services and/or access to the Premises is surrendered. 9.1.1 each 64.2 The Contractor shall take all reasonable steps to verify their employees proof of identity and retain documentation confirming the actions that have been taken. If and when instructed by the Commissioner, the Contractor shall give to the Commissioner a list of names and addresses of all persons who are or may be at any time concerned with the Services, or any part of them, specifying the capabilities in which they are so concerned and giving such other particulars, evidence of identity and other supporting evidence as the Commissioner may reasonably require to undertake appropriate security checks. For the purposes of undertaking such checks it shall normally be a requirement that the employee has a minimum of three (3) years UK residence. In work having access to inter alia, sensitive police information, police sites, police systems and police assets and on the advice of the Suffolk Constabulary Vetting Manager it shall normally be a requirement that the employee has a minimum of five (5) years UK residence. In exceptional circumstances employees may be considered for such checks with less than the three (3) or five (5) years of UK residence. 64.3 The decision of the Commissioner as to whether any person is to be admitted to or is to be removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Contractor has furnished the information or taken the steps required of him by this condition shall be final and conclusive. 64.4 It is the Contractor's Staff responsibility to ensure that the Commissioner is suitably qualifiednotified of any significant changes regarding personal details for any of their staff subject of the Commissioner’s security clearance. The Contractor shall immediately advise the Commissioner of the following changes to staff details, adequately trained to include but not limited to, changes in name, address, and capable also any convictions, cautions, reprimands, warnings or fixed penalty notices received in order that security clearance can be reconsidered. If in doubt, the Suffolk Constabulary Central Vetting Unit should be notified and will consider the circumstances of providing each particular case. 64.5 The Contractor shall bear the applicable Services in respect cost of which they are engaged;any notice, instruction or decision of the Commissioner under this condition. 9.1.2 there is an adequate number of 64.6 The Contractor's Staff to provide the Services properly; 9.1.3 only those people who are authorised by the Contractor are involved in providing the Services; and 9.1.4 all of the Contractor's Staff personnel shall comply with all of the Authority's policies, such rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for the conduct when at or outside the Authority’s Premises. 9.2 The Authority may refuse to grant access to and remove any of the Contractor's Staff who do not comply with clause 9.1.4 or if they otherwise present a security threat or the Authority reasonably determines their presence to be undesirable. 9.3 The Contractor shall replace any of the Contractor's Staff who the Authority reasonably decides have failed to carry out their duties with reasonable skill and care. Following the removal of any of the Contractor's Staff for any reason, the Contractor shall ensure such person is replaced promptly with another person with the necessary training and skills to meet the requirements of the Services. 9.4 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. The Contractor shall ensure at all times that it has the right to provide these records under Data Protection Legislation. 9.5 The Contractor shall comply with the Authority's procedures for the vetting of personnel and as advised to when working on the Contractor by the Authority 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 AuthorityCommissioner's procedures for the vetting of personnelpremises. 9.6 If the Contractor fails to comply with clause 9.4 within one Month of the date of the request and in the reasonable opinion of the Authority, such failure may be prejudicial to the interests of the Crown, then the Authority may terminate the Contract immediately by giving notice in writing at any time after the end of that one Month period, such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the Authority. 9.7 The decision of the Authority as to whether any person is to be refused access to the Premises and/or as to whether the Contractor has failed to comply with clause 9.4 shall be final and conclusive.

Appears in 3 contracts

Samples: Contract for Architectural Services, Contract for Provision of Force Medical Advisor, Contract for Emergency Boarding and Glazing

Contractor’s Staff. 9.1 At all times, the A. The Contractor shall ensure that: 9.1.1 each provide sufficient personnel to perform all work in accordance with the Specifications set forth herein. All of the Contractor's Staff is suitably qualified, adequately trained and capable of providing maintenance personnel shall be supervised at the applicable Services work site(s) by a qualified Supervisor in respect of which they are engaged; 9.1.2 there is an adequate number of Contractor's Staff to provide the Services properly; 9.1.3 only those people who are authorised by the Contractor are involved in providing the Services; and 9.1.4 all employ of the Contractor's Staff comply with all . Work Site Supervisors must be able to demonstrate to the satisfaction of the AuthorityDirector that they possess adequate technical background, and communication skills to perform the intended services. Adequate and competent supervision shall be provided for all work done by the Contractor's policiesemployees to ensure accomplishment of high quality work, rules, regulations and requirements (including those relating which will be acceptable to security arrangements) as may the Director. Any order or communication given to the Work Site Supervisor shall be in force from time deemed to time for conduct when at or outside have been delivered to the Authority’s PremisesContractor. 9.2 B. The Authority Contractor and his employees and subcontractors, if any, shall conduct themselves in a proper, professional, and efficient manner at all times, and shall cause the least possible inconvenience to the public. C. The Director may refuse require the Contractor to grant access remove from the work site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interests of the City. D. The Contractor shall require each employee performing work under the agreement to adhere to basic public works standards of working attire, including but not limited to wearing of proper clothing, proper shoes, and remove any other gear required by applicable Safety Regulations and/or fertilizer/pesticide label requirements. E. Shirts shall be worn at all times, and shall be buttoned. Approved safety vests shall be worn by Contractor's employees when working on parkway medians, monuments, parkways, and other high traffic-hazard areas as determined by the Director. F. The Contractor shall establish an identification system for Contractor's personnel which clearly indicates to the public the name of the Contractor's Staff who do not comply with clause 9.1.4 or if they otherwise present a security threat or the Authority reasonably determines their presence to . The identification system shall be undesirable. 9.3 The Contractor shall replace any of furnished at the Contractor's Staff who the Authority reasonably decides have failed to carry out their duties with reasonable skill expense and care. Following the removal of any of the Contractor's Staff for any reasonmay include appropriate attire, the Contractor shall ensure such person is replaced promptly with another person with the necessary training and skills to meet the requirements of the Services. 9.4 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 and/or name badges as the Authority may reasonably request. The Contractor shall ensure at all times that it has the right to provide these records under Data Protection Legislation. 9.5 The Contractor shall comply with the Authority's procedures for the vetting of personnel and as advised to the Contractor specified by the Authority 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 Authority's procedures for the vetting of personnelDirector. 9.6 If the Contractor fails to comply with clause 9.4 within one Month of the date of the request and in the reasonable opinion of the Authority, such failure may be prejudicial to the interests of the Crown, then the Authority may terminate the Contract immediately by giving notice in writing at any time after the end of that one Month period, such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the Authority. 9.7 The decision of the Authority as to whether any person is to be refused access to the Premises and/or as to whether the Contractor has failed to comply with clause 9.4 shall be final and conclusive.

Appears in 2 contracts

Samples: Agreement for on Site and/or Professional Services, Contractor Agreement

Contractor’s Staff. 9.1 At all times‌ 12.1 The Council may, by written notice to the Contractor shall ensure that: 9.1.1 each Contractor, refuse to admit onto, or withdraw permission to remain involved in the delivery of the Contractor's Staff is suitably qualifiedServices:‌ 12.1.1 any member of the Staff; or 12.1.2 any person employed or engaged by any member of the Staff, adequately trained and capable whose admission or continued involvement with the delivery of providing the applicable Services in respect of which they are engaged; 9.1.2 there is an adequate number of Contractor's Staff to provide the Services properly; 9.1.3 only those people who are authorised by would, in the Contractor are involved in providing the Services; and 9.1.4 all reasonable opinion of the Contractor's Staff comply with all of the Authority's policiesCouncil, rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for conduct when at or outside the Authority’s Premises. 9.2 The Authority may refuse to grant access to and remove any of the Contractor's Staff who do not comply with clause 9.1.4 or if they otherwise present a security threat or the Authority reasonably determines their presence to be undesirable. 9.3 The Contractor shall replace any of the Contractor's Staff who the Authority reasonably decides have failed to carry out their duties with reasonable skill and care. Following the removal of any of the Contractor's Staff for any reason, the Contractor shall ensure such person is replaced promptly with another person with the necessary training and skills to meet the requirements of the Services. 9.4 12.2 At the AuthorityCouncil’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 Council may reasonably request. request.‌ 12.3 The Contractor Contractor’s Staff, engaged within the boundaries of the Premises, shall ensure comply with such rules, regulations, policies and requirements (including those relating to security arrangements) as may be in force from time to time for the conduct of personnel when at all times that it has or outside the right to provide these records under Data Protection LegislationPremises. 9.5 12.4 The Contractor shall comply with the Authority's procedures for the vetting of personnel and as advised to the Contractor by the Authority Staff Vetting Procedures 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 Authority's procedures for the vetting of personnelStaff Vetting Procedures. 9.6 12.5 In addition to any requirements specified in the Staff Vetting Procedures, the Council may require the Contractor to carry out a Disclosure and Barring Service check in respect of any person to be employed or engaged in the provision of the Services. 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 or through a Disclosure and Barring Service check or otherwise) is employed or engaged in the provision of any part of the Services. 12.6 If the Contractor fails to comply with clause 9.4 12.2 within one Month 21 days of the date of the request and the Contractor shall be in Default of its obligations under the reasonable opinion of the Authority, such failure may be prejudicial to the interests of the Crown, then the Authority may terminate the Contract immediately by giving notice in writing at any time after the end of that one Month period, such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the AuthorityContract. 9.7 12.7 The decision of the Authority Council as to whether any person is to be refused access to excluded from being employed or engaged in delivering the Premises and/or Services and as to whether the Contractor has failed to comply with clause 9.4 12.2 shall be final and conclusiveconclusive and the Contractor shall indemnify the Council in respect of all claims, costs, losses or expenses arising from a decision under clause 12.1.

Appears in 2 contracts

Samples: Services Agreements, Services Agreement

Contractor’s Staff. 9.1 At 15.1 The Contractor shall provide such personnel as are necessary to ensure that it is able to ensure the due, proper and safe performance of the Services throughout the Term. 15.2 The Contractor shall ensure that the Services are provided at all times and in all respects to the Contract Standard including (but without prejudice to the generality of the foregoing) during periods of absence of any of its personnel due to holidays, sickness or otherwise. The Contractor shall use reasonable endeavours to provide a stable workforce, and to promptly replace persons who cease to be in its employment or under its control. 15.3 The Contractor shall, in addition to the Contractor’s Representative, provide sufficient supervision by persons having adequate knowledge of the operations to be carried out and services to be provided to ensure that personnel engaged in and about the performance of the Services are at all times adequately supervised and instructed, and properly perform their duties to the Contract Standard. 15.4 The Contractor shall ensure that all Staff perform their duties in a courteous, reasonable and helpful manner at all times, and in full co-operation with the Contract Manager and any other duly authorised representative of the Authority. 15.5 If and when directed by the Authority, the Contractor shall ensure that: 9.1.1 each provide a list of the Contractor's Staff names and addresses of all persons who it is suitably qualifiedexpected may require admission in connection with the Agreement to any premises occupied by or on behalf of the Authority, adequately trained and capable of providing specifying the applicable Services capacities in respect of which they are engaged;concerned with the Agreement and giving such other particulars as the Authority may reasonably desire. 9.1.2 there is an adequate number of Contractor's 15.6 The Staff to provide engaged within the Services properly; 9.1.3 only those people who are authorised by the Contractor are involved in providing the Services; and 9.1.4 all boundaries of the Contractor's Staff Premises, shall comply with all of the Authority's policies, such rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for the conduct of personnel when at or that establishment and when outside the Authority’s Premisesthat establishment. 9.2 15.7 The Authority may refuse to grant access to and remove any of the Contractor's Staff who do not comply with clause 9.1.4 or if they otherwise present a security threat or the Authority reasonably determines their presence to be undesirable. 9.3 The Contractor shall replace any of the Contractor's Staff who the Authority reasonably decides have failed to carry out their duties with reasonable skill and care. Following the removal of any of the Contractor's Staff for any reason, require the Contractor shall ensure such person is replaced promptly with another person to undertake criminal records certificate checks with the necessary training and skills to meet the requirements of the Services. 9.4 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. The Contractor shall ensure at all times that it has the right to provide these records under Data Protection Legislation. 9.5 The Contractor shall comply with the Authority's procedures Criminal Records Bureau for the vetting of personnel and as advised to the Contractor by the Authority in respect of all persons Staff 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 Authority's procedures for the vetting of personnelServices in posts as set out in clause 32. 9.6 If the Contractor fails to comply with clause 9.4 within one Month of the date of the request and in the reasonable opinion of the Authority, such failure may be prejudicial to the interests of the Crown, then the Authority may terminate the Contract immediately by giving notice in writing at any time after the end of that one Month period, such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the Authority. 9.7 The decision of the Authority as to whether any person is to be refused access to the Premises and/or as to whether the Contractor has failed to comply with clause 9.4 shall be final and conclusive.

Appears in 2 contracts

Samples: Theatre Management Services Agreement, Theatre Management Services Agreement

Contractor’s Staff. 9.1 7.1 At all timesany time prior to or during the term of this Contract, the Contractor County may require that all the Contractor’s staff performing work under this Contract undergo and pass, to the satisfaction of the County, a background investigation, as a condition of beginning and continuing to work under this Contract. The County shall ensure that: 9.1.1 each use its discretion in determining the method of background clearance to be used, up to and including a County performed fingerprint security clearance. The fees associated with obtaining the background information shall be at the sole expense of the Contractor's Staff is suitably qualified, adequately trained and capable regardless if the Contractor’s staff passes or fails the background clearance investigation. 7.2 The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. The Contractor’s employees, whether assigned to any one facility or as part of providing the applicable Services in respect of which they are engaged; 9.1.2 there is an adequate a crew serving any number of Contractor's Staff facilities, shall include at least one individual who speaks and comprehends the English language. 7.3 The County has the absolute right to provide the Services properly; 9.1.3 only those people who are authorised by the Contractor are involved in providing the Services; and 9.1.4 approve or disapprove all of the Contractor's Staff comply with all ’s staff performing work hereunder and any proposed changes in the Contractor’s staff. 7.4 The Director may at any time give the Contractor written notice to the effect that the conduct or action of a designated employee of the Authority's policiesContractor is, rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for conduct when at or outside the Authority’s Premises. 9.2 The Authority may refuse to grant access to and remove any reasonable belief of the Contractor's Staff who do not comply with clause 9.1.4 or if they otherwise present a security threat or Director, detrimental to the Authority reasonably determines their presence to be undesirable. 9.3 The Contractor shall replace any interest of the Contractor's Staff who public patronizing the Authority reasonably decides have failed to carry out their duties with reasonable skill and care. Following the removal of any of the Contractor's Staff for any reason, the Contractor shall ensure such person is replaced promptly with another person with the necessary training and skills to meet the requirements of the Services. 9.4 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 requestpremises. The Contractor shall ensure meet with the Director or his authorized representative to consider the appropriate course of action with respect to the matter and the Contractor shall take reasonable measures under the circumstances to assure the Director that the conduct and activities of the Contractor’s employee(s) will not be detrimental to the interest of the public patronizing the premises. 7.5 The Director may require the Contractor to establish an identification system for personnel assigned to the facilities which clearly indicates to the public the name of the Contractor responsible for the landscape and grounds maintenance services. The identification system shall be furnished at the Contractor's expense and may include, but not be limited to, appropriate attire and/or name badges as specified by the Director. 7.6 The Contractor shall require each of his employees to adhere to basic public works standards of working attire. These are basically: uniforms, proper shoes and other gear as required by State Safety Regulations, and the proper wearing of the clothing. Shirts shall be worn at all times that it has the right to provide these records under Data Protection Legislation. 9.5 The Contractor shall comply with the Authority's procedures for the vetting of personnel and as advised to the Contractor by the Authority 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 Authority's procedures for the vetting of personnel. 9.6 If the Contractor fails to comply with clause 9.4 within one Month of the date of the request and in the reasonable opinion of the Authority, such failure may be prejudicial to the interests of the Crown, then the Authority may terminate the Contract immediately by giving notice in writing at any time after the end of that one Month period, such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the Authority. 9.7 The decision of the Authority as to whether any person is to be refused access to the Premises and/or as to whether the Contractor has failed to comply with clause 9.4 shall be final and conclusivebuttoned.

Appears in 2 contracts

Samples: Landscape Maintenance Services Agreement, Landscape Maintenance Services Agreement

Contractor’s Staff. 9.1 At all times, the Contractor shall ensure that: 9.1.1 each of the Contractor's Staff is suitably qualified, adequately trained 13.1 If and capable of providing the applicable Services in respect of which they are engaged; 9.1.2 there is an adequate number of Contractor's Staff to provide the Services properly; 9.1.3 only those people who are authorised when directed by the Contractor are involved in providing the Services; and 9.1.4 all of the Contractor's Staff comply with all of the Authority's policies, rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for conduct when at or outside the Authority’s Premises. 9.2 The Authority may refuse to grant access to and remove any of the Contractor's Staff who do not comply with clause 9.1.4 or if they otherwise present a security threat or the Authority reasonably determines their presence to be undesirable. 9.3 The Contractor shall replace any of the Contractor's Staff who the Authority reasonably decides have failed to carry out their duties with reasonable skill and care. Following the removal of any of the Contractor's Staff for any reason, the Contractor shall ensure such person is replaced promptly with another person with the necessary training and skills to meet the requirements of the Services. 9.4 At the Authority’s written requestClient, the Contractor shall provide a list of the names and addresses of all persons who may require admission are employed in connection with the Contract to provision of the PremisesSpecified Services, specifying the capacities in which they are concerned with the Call Off Contract and giving such other particulars as the Authority Client may reasonably request. The Contractor shall ensure at all times that it has the right to provide these records under Data Protection Legislationdesire. 9.5 The Contractor shall comply with the Authority's procedures for the vetting of personnel and as advised to the Contractor by the Authority 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 Authority's procedures for the vetting of personnel. 9.6 13.2 If the Contractor fails shall fail to comply with clause 9.4 within one Month of 13.1 or above, the date of the request Client (whose decision shall be final and in the reasonable opinion of the Authority, conclusive) may decide that such failure may be is prejudicial to the interests of the Crown, Client and if the Contractor does not comply with the provisions of clause 13.1 within a reasonable time of written notice from the Client to do so then the Authority Client may terminate the Contract immediately by giving notice in writing at any time after the end of Call Off Contract, provided always that one Month period, such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the AuthorityCouncil. 9.7 13.3 Following consultation with the Contractor the Client may, by written notice to the Contractor, require the removal of any member of Staff from the provision of the Specified Services where the Client considers such removal to be necessary to protect the standard of the Specified Services, to protect children or vulnerable adults or the Client’s reputation. The Client shall not act unreasonably in exercising this right and the notice requiring removal shall set out the grounds for requiring removal. The Contractor shall on receipt of the written notice immediately remove such person from the provision of the Specified Services and provide a replacement if necessary. 13.4 The Client shall in no circumstances be liable to either the Contractor or the member of Staff removed from the Specified Services pursuant to clause 13.3 in respect of any liability, loss or damage occasioned by such removal and the Contractor shall fully indemnify the Client against any claim made by the member of Staff following their removal pursuant to clause 13.3. 13.5 The Contractor must obtain confirmation of identity including right to work, previous names, evidence of academic and professional qualifications and suitable references for all Staff engaged to provide, or supervise the provision of the Services. 13.6 The Contractor must ensure that it has undertaken appropriate checks of any member of its Staff so that no Staff member who has criminal convictions which could reasonably be considered as affecting their ability to carry out their functions effectively are knowingly engaged by the Contractor or sub-contracted to provide, or supervise the provision of, the Specified Services. 13.7 Where the nature of an individual Staff member’s job means that the Staff member is likely to come into contact with children or vulnerable adults the Contractor must comply with clauses 13.8 to 13.11 below. 13.8 Where the Contractor is legally entitled to do so the Contractor must carry out checks with the Criminal Records Bureau (“CRB Checks”) to the highest level of disclosure allowable on all Staff referred to in Clause 13.7 before they commence work in such provision. Such CRB Checks must be repeated for such Staff every 3 years and will involve obtaining such information held by the CRB concerning such Staff as may be lawfully available. 13.9 Where Staff engaged in the provision or supervision of the Specified Services may have contact with persons under the age of 16 (or 18 if they have special needs) or vulnerable adults, where legally permissible the Contractor shall in relation to each such Staff member take all reasonable precautions to ensure that such Staff have not been convicted of a criminal offence involving an offence against a person or an offence involving sexual behaviour and that such Staff have not been banned from working with children or vulnerable adults. The Contractor will also carry out checks through the Independent Safeguarding Authority or its predecessor to ensure the Staff who may have such contact are not barred from working with children or vulnerable adults. 13.10 The Client reserves the right to require the Contractor to provide copies of checks obtained as required by the provisions of this clause 13 as requested from time to time. 13.11 The Contractor shall bear the cost of any notice, instruction or decision of the Authority as to whether any person is to be refused access to the Premises and/or as to whether the Contractor has failed to comply with Client under this clause 9.4 shall be final and conclusive13.

Appears in 1 contract

Samples: Recruitment Agency Services Contract

Contractor’s Staff. 9.1 At all times12.1. The Authority may, by written notice to the Contractor, refuse to admit onto, or withdraw permission to remain on, the Contractor shall ensure thatPremises: 9.1.1 each 12.1.1. any member of the Contractor's Staff is suitably qualified, adequately trained and capable of providing the applicable Services in respect of which they are engaged;Staff; or 9.1.2 there is an adequate number of Contractor's Staff to provide the Services properly; 9.1.3 only those people who are authorised 12.1.2. any person employed or engaged by the Contractor are involved in providing the Services; and 9.1.4 all any member of the Contractor's Staff comply with all Staff, whose admission or continued presence would, in the reasonable opinion of the Authority's policies, rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for conduct when at or outside the Authority’s Premises. 9.2 The Authority may refuse to grant access to and remove any of the Contractor's Staff who do not comply with clause 9.1.4 or if they otherwise present a security threat or the Authority reasonably determines their presence to be undesirable. 9.3 The Contractor shall replace any of the Contractor's Staff who the Authority reasonably decides have failed to carry out their duties with reasonable skill and care12.2. Following the removal of any of the Contractor's Staff for any reason, the Contractor shall ensure such person is replaced promptly with another person with the necessary training and skills to meet the requirements of the Services. 9.4 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 this Agreement to the Premises, specifying the capacities in which they are concerned with the Contract this Agreement and giving such other particulars as the Authority may reasonably request. 12.3. The Contractor Contractor’s Staff, engaged within the boundaries of the Premises, shall ensure 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 personnel when at all times that it has or outside the right to provide these records under Data Protection LegislationPremises. 9.5 12.4. The Contractor shall comply with the Authority's procedures for the vetting of personnel and as advised to the Contractor by the Authority Staff Vetting Procedures (Cabinet Office Baseline Security Standard) 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 Authority's procedures for the vetting of personnelStaff Vetting Procedures. 9.6 12.5. 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 Staff 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 any part of the Services. 12.6. If the Contractor fails to comply with clause 9.4 Condition 12.2 within one Month 2 Months of the date of the request and in the reasonable opinion of the Authority, such failure may be prejudicial to the interests of the Crown, then the Authority may terminate the Contract immediately by giving notice in writing at any time after the end of Agreement, provided always that one Month period, such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the Authority. 9.7 12.7. The decision of the Authority as to whether any person is to be refused access to the Premises and/or and as to whether the Contractor has failed to comply with clause 9.4 Condition 12.2 shall be final and conclusive.

Appears in 1 contract

Samples: Services Agreement

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Contractor’s Staff. 9.1 At all times5.1.1 The Site shall be staffed adequately to perform the Scope of Work in accordance with Good Software Design & Engineering Practices and the provisions of this Contract, including but not limited to, in a prudent, efficient, reliable and safe manner. 5.1.2 All personnel engaged in the Contractor shall ensure that: 9.1.1 each performance of the Contractor's Staff is suitably qualifiedservices shall be qualified to perform, adequately licensed to the extent required by Applicable Law and sufficiently trained and capable of providing & experienced in the applicable Services in respect of duties to which they are engaged; 9.1.2 there is an adequate number assigned and shall satisfy the standards of Contractor's Staff performance provided in this Contract. Contractor shall demonstrate that the personnel provided under this Contract are properly trained, competent to provide perform the Services properly; 9.1.3 only those people who work assigned and are authorised by the Contractor are involved in providing the Services; and 9.1.4 all aware of the Contractor's Staff comply with all of the Authority's policies, rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for conduct when at or outside the Authority’s PremisesHES Policy. 9.2 The Authority may refuse to grant access to 5.1.3 Contractor shall provide experienced and remove any qualified operation and maintenance personnel required during Commissioning Tests and Completion of the Contractor's Staff who do not comply with clause 9.1.4 or if they otherwise present a security threat or the Authority reasonably determines their presence to be undesirableEPS. 9.3 5.1.4 The Contractor shall replace any be responsible for maintaining strict discipline and good order amongst its personnel and those of the Contractor's Staff who the Authority reasonably decides have failed to carry out their duties with reasonable skill and care. Following the removal of any of the Contractor's Staff for any reason, the its Subcontractors at all times. 5.1.5 Contractor shall ensure such person is replaced promptly with another person with bear the necessary training entire responsibility, liability and skills risk relating to meet coverage of Contractor Staff under Applicable Law including but not limited to Workmen's Compensation Act, 1923, Industrial Disputes Act, 1947, Maternity Benefits Act, 1961, Employees' Provident Funds and Miscellaneous Provisions Act, 1952, Contract Labour (Regulation and Abolition) Act, 1970, Employees State Insurance Act, 1948, Factories Act, 1948 and any other relevant act/regulations as will be applicable during the requirements of the ServicesTerm. 9.4 At the Authority’s written request, the 5.1.6 Contractor shall provide a list of also be solely responsible for the names and addresses payment 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. The Contractor shall ensure at all times that it has the right to provide these records under Data Protection Legislation. 9.5 The Contractor shall comply with the Authority's procedures for the vetting of personnel and as advised benefits to the Contractor Staff under Applicable Law, such as provident fund, bonus, retrenchment compensation, leave, etc., and shall keep the Owner indemnified in this regard against any claims. The Owner shall be entitled to, if it is noticed that Contractor is in default, make such payment, solely at its discretion and recover such amounts as deemed fit from any sum due and payable to Contractor by the Authority Owner. 5.1.7 Contractor shall be responsible for making any overtime payment for providing services under this Contract and Owner shall not bear any liability whatsoever in respect this regard. 5.1.8 It shall be responsibility of Contractor to take care of the boarding, lodging, travel arrangements, immigration clearance and visas for all persons employed or Contractor Staff engaged in providing services. 5.1.9 Contractor shall arrange local transportation facility for all Contractor Staff. 5.1.10 No personnel involved 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 Authority's procedures for the vetting of personnel. 9.6 If the Contractor fails to comply with clause 9.4 within one Month services under this Contract shall be deemed employees of the date of Owner. Neither Party shall be deemed to be a successor to the request and other Party under any union, labor, or collective bargaining agreement, or any other similar agreement, to which such Party is or may in the reasonable opinion of the Authority, such failure may future be prejudicial to the interests of the Crown, then the Authority may terminate the Contract immediately by giving notice in writing at any time after the end of that one Month period, such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the Authoritya party. 9.7 The decision of the Authority as to whether any person is to be refused access to the Premises and/or as to whether the Contractor has failed to comply with clause 9.4 shall be final and conclusive.

Appears in 1 contract

Samples: Contract for Implementation & Maintenance Services

Contractor’s Staff. 9.1 At all timesB.4.1 The Client may, by written notice to the Contractor, refuse to admit onto, or withdraw permission to remain on, the Contractor shall ensure thatPremises: 9.1.1 each (a) any member of the Contractor's Staff is suitably qualified, adequately trained and capable of providing the applicable Services in respect of which they are engaged;Staff; or 9.1.2 there is an adequate number of Contractor's Staff to provide the Services properly; 9.1.3 only those people who are authorised (b) any person employed or engaged by the Contractor are involved in providing the Services; and 9.1.4 all any member of the Contractor's Staff comply with all Staff, whose admission or continued presence would, in the reasonable opinion of the Authority's policiesClient, rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for conduct when at or outside the Authority’s Premises. 9.2 The Authority may refuse to grant access to and remove any of the Contractor's Staff who do not comply with clause 9.1.4 or if they otherwise present a security threat or the Authority reasonably determines their presence to be undesirable. 9.3 The Contractor shall replace any of the Contractor's Staff who the Authority reasonably decides have failed to carry out their duties with reasonable skill and care. Following the removal of any of the Contractor's Staff for any reason, the Contractor shall ensure such person is replaced promptly with another person with the necessary training and skills to meet the requirements of the Services. 9.4 B.4.2 At the AuthorityClient’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 Client may reasonably request. The Contractor shall ensure at all times that it has the right to provide these records under Data Protection Legislation. 9.5 B.4.3 The Contractor’s Staff, engaged within the boundaries of the Premises, shall comply with such rules, regulations, including The Royal Parks regulations as amended from time to time, and requirements (including those relating to security arrangements) as may be in force from time to time for the conduct of personnel when at or outside the Premises. B.4.4 The Contractor shall comply with the Authority's procedures for the vetting of personnel and as advised to the Contractor by the Authority Staff Vetting Procedures 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 Authority's procedures for the vetting of personnelStaff Vetting Procedures. 9.6 B.4.5 The Client 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 Staff 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 any part of the Services. B.4.6 If the Contractor fails to comply with clause 9.4 B.4.2 within one Month [2] Months of the date of the request and in the reasonable opinion of the AuthorityClient, such failure may be prejudicial to the interests of the Crown, then the Authority Client may terminate the Contract immediately by giving notice in writing at any time after the end of Contract, provided always that one Month period, such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the AuthorityClient. 9.7 B.4.7 The decision of the Authority Client as to whether any person is to be refused access to the Premises and/or and as to whether the Contractor has failed to comply with clause 9.4 B.4.2 shall be final and conclusive.

Appears in 1 contract

Samples: Irrigation System Maintenance Agreement

Contractor’s Staff. 9.1 At 4.6.1 The Contractor warrants and represents to Council that each Contractor's Staff engaged to perform any portion of the services, works or other activities or obligations under this Agreement will: (a) have the appropriate qualifications, skills and experience required to provide the Services in accordance with this Agreement; (b) hold all timesnecessary current Approvals, certificates and accreditations required by Law in order to provide the Services; (c) have a standard of experience, workmanship and behaviour that is suitable for the performance of the Services and the requirements of this Agreement; (d) be paid in accordance with applicable Law. 4.6.2 The Contractor must only replace personnel or refill a position with replacement personnel who are properly qualified and competent. 4.6.3 The obligations, duties and liabilities of the Contractor under this Agreement are unaffected by the fact that the Contractor contracts for the performance of any service, work or other activity by a subcontractor and the Contractor is at all times fully responsible to Council for the provision of the Services and all other services, works or other activities or obligations under this Agreement irrespective of whether the Services or other works, activities or obligations under this Agreement are provided by the Contractor’s Staff and must ensure that the Contractor’s Staff fully comply with the Contractor’s obligations under this Agreement and do not (by act or omission) cause the Contractor to be in breach of this Agreement. 4.6.4 Except where this Agreement otherwise provides, the Contractor shall ensure that: 9.1.1 each be liable to Council for the acts, defaults, omissions and negligence of any employees of the Contractor, any employees of any of the Contractor’s Subcontractors, and any agents of the Contractor's Staff is suitably qualified, adequately trained and capable of providing the applicable Services in respect of which as if they are engaged; 9.1.2 there is an adequate number of Contractor's Staff to provide the Services properly; 9.1.3 only were those people who are authorised by the Contractor are involved in providing the Services; and 9.1.4 all of the Contractor's Staff comply with all . 4.6.5 Where Council’s Representative is of the Authority's policies, rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for conduct when at or outside the Authority’s Premises. 9.2 The Authority may refuse to grant access to and remove any opinion that a member of the Contractor's ’s Staff who do not comply with clause 9.1.4 or if they otherwise present a security threat or the Authority reasonably determines their presence to be undesirable. 9.3 The Contractor shall replace any of the Contractor's Staff who the Authority reasonably decides have failed to carry out their duties with reasonable skill and care. Following the removal of any of the Contractor's Staff for any reason, the Contractor shall ensure such person is replaced promptly with another person with the necessary training and skills fails to meet the requirements of this Agreement, Council’s Representative may request the Services. 9.4 At Contractor to commence warning, counselling and training in accordance, where applicable, with the AuthorityContractor’s written Workplace Health and Safety Management System. If the person’s performance continues not to meet the requirements of this Agreement Council’s Representative may request the removal of that person. Upon receipt of this request, the Contractor shall provide must immediately remove that person at no cost to Council and must replace that person with a list of the names suitably qualified person. This clause 4.6.4 does not limit Council's other rights under this Agreement, including under clause 25 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. The Contractor shall ensure at all times that it has the right to provide these records under Data Protection Legislationclause 22. 9.5 The Contractor shall comply with the Authority's procedures for the vetting of personnel and as advised to the Contractor by the Authority 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 Authority's procedures for the vetting of personnel. 9.6 If the Contractor fails to comply with clause 9.4 within one Month of the date of the request and in the reasonable opinion of the Authority, such failure may be prejudicial to the interests of the Crown, then the Authority may terminate the Contract immediately by giving notice in writing at any time after the end of that one Month period, such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the Authority. 9.7 The decision of the Authority as to whether any person is to be refused access to the Premises and/or as to whether the Contractor has failed to comply with clause 9.4 shall be final and conclusive.

Appears in 1 contract

Samples: Receival and Disposal Services Agreement

Contractor’s Staff. 9.1 At all times, the 4.21.1 The Contractor shall ensure that:that Staff and the Agency Worker are paid at least the national minimum wage in accordance with the National Minimum Wage Xxx 0000. 9.1.1 each 4.21.2 The Authority may, by written notice to the Contractor, refuse to admit onto, or withdraw permission to remain within the Facility:  any member of the Contractor's Staff is suitably qualified, adequately trained and capable of providing the applicable Services in respect of which they are engaged; 9.1.2 there is an adequate number of Contractor's Staff to provide the Services properly; 9.1.3 only those people who are authorised Staff; or  any person employed or engaged by the Contractor are involved in providing the Services; and 9.1.4 all any member of the Contractor's Staff comply with all Staff, whose admission or continued presence would, in the reasonable opinion of the Authority's policies, rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for conduct when at or outside the Authority’s Premises. 9.2 The Authority may refuse to grant access to and remove any of the Contractor's Staff who do not comply with clause 9.1.4 or if they otherwise present a security threat or the Authority reasonably determines their presence to be undesirable. 9.3 The Contractor shall replace any of the Contractor's Staff who the Authority reasonably decides have failed to carry out their duties with reasonable skill and care. Following the removal of any of the Contractor's Staff for any reason, the Contractor shall ensure such person is replaced promptly with another person with the necessary training and skills to meet the requirements of the Services. 9.4 4.21.3 At the Authority’s written request, the Contractor shall provide a list of the names and addresses of all persons who may require admission to the Facilities in connection with the Contract to the PremisesContract, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Authority may reasonably request. The Contractor shall ensure at all times that it has the right to provide these records under Data Protection Legislation. 9.5 The Contractor 4.21.4 Should any Staff be required to enter into the boundaries of the Facility, such Staff shall comply with the Authority's procedures such rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for the vetting conduct of personnel and as advised to when at or within the Contractor by the Authority in respect of all persons employed or engaged in the provision boundaries 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 Authority's procedures for the vetting of personnelFacility. 9.6 4.21.5 If the Contractor fails to comply with clause 9.4 4.21.3 within one Month two Months of the date of the request and in the reasonable opinion of the Authorityrequest, such failure may be prejudicial to the interests of the Crown, then the Authority may terminate the Contract immediately by giving notice in writing at any time after the end of Contract, provided always that one Month period, such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the Authority. 9.7 4.21.6 The decision of the Authority as to whether any person is to be refused access to the Premises and/or Facility and as to whether the Contractor has failed to comply with clause 9.4 4.21.3 shall be final and conclusive. 4.21.7 The Contractor shall procure that Staff shall at all times during their engagement in the provision of the Placement Services remain servants of the Contractor and the Contractor shall not be relieved of any statutory or other responsibilities in relation to the Staff by virtue of this Contract.

Appears in 1 contract

Samples: Standing List Agreement

Contractor’s Staff. 9.1 At all times15.1 The Council reserves the right under this Contract to refuse to admit to or to withdraw permission to remain on, any premises occupied by or on behalf of the Council: (a) Any member of the Staff; or (b) 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 Council, undesirable. 15.2 If and when directed by the Council, the Contractor shall ensure that: 9.1.1 each provide a list of the Contractor's Staff names and addresses of all persons who it is suitably qualifiedexpected may require admission in connection with the Contract to any premises occupied by or on behalf of the Council, adequately trained and capable of providing specifying the applicable Services capacities in respect of which they are engaged;concerned with the Contract and giving such other particulars as the Council may reasonably desire. 9.1.2 there is an adequate number 15.3 The Contractor‟s Staff, engaged within the boundaries of Contractor's Staff to provide the Services properly; 9.1.3 only those people who are authorised by the Contractor are involved in providing the Services; and 9.1.4 all of the Contractor's Staff a Government establishment, shall comply with all of the Authority's policies, such rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for the conduct of personnel when at or that establishment and when outside the Authority’s Premisesthat establishment. 9.2 The Authority may refuse to grant access to and remove any of the Contractor's Staff who do not comply with clause 9.1.4 or if they otherwise present a security threat or the Authority reasonably determines their presence to be undesirable. 9.3 The Contractor shall replace any of the Contractor's Staff who the Authority reasonably decides have failed to carry out their duties with reasonable skill and care. Following the removal of any of the Contractor's Staff for any reason, 15.4 If the Contractor shall ensure such person is replaced promptly with another person with the necessary training and skills to meet the requirements of the Services. 9.4 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. The Contractor shall ensure at all times that it has the right to provide these records under Data Protection Legislation. 9.5 The Contractor shall comply with the Authority's procedures for the vetting of personnel and as advised to the Contractor by the Authority 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 Authority's procedures for the vetting of personnel. 9.6 If the Contractor fails fail to comply with clause 9.4 within one Month of Clause 15.2 above the date of the request Council (whose decision shall be final and in the reasonable opinion of the Authority, conclusive) may decide that such failure may be is prejudicial to the interests of the Crown, state and if the Contractor does not comply with the provisions of Clause 15.2 within a reasonable time of written notice from the Council so to do then the Authority Council may terminate the Contract immediately by giving notice in writing at any time after the end of provided always that one Month period, such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the AuthorityCouncil. 9.7 15.5 The decision of the Authority Council as to whether any person is to be refused access to any premises occupied by or on behalf of the Premises and/or Council and as to whether the Contractor has failed to comply with clause 9.4 Clause 15.2 shall be final and conclusive. 15.6 The Contractor shall bear the cost of any notice, instruction or decision of the Council under this Condition.

Appears in 1 contract

Samples: Framework Agreement

Contractor’s Staff. 9.1 7.1 At all timesany time prior to or during the term of this Contract, the Contractor County may require that all the Contractor’s staff performing work under this Contract undergo and pass, to the satisfaction of the County, a background investigation, as a condition of beginning and continuing to work under this Contract. The County shall ensure that: 9.1.1 each use its discretion in determining the method of background clearance to be used, up to and including a County performed fingerprint security clearance. The fees associated with obtaining the background information shall be at the sole expense of the Contractor's Staff is suitably qualified, adequately trained and capable regardless if the Contractor’s staff passes or fails the background clearance investigation. 7.2 The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. The Contractor’s employees, whether assigned to any one facility or as part of providing the applicable Services in respect of which they are engaged; 9.1.2 there is an adequate a crew serving any number of Contractor's Staff facilities, shall include at least one individual who speaks and comprehends the English language. 7.3 The County has the absolute right to provide the Services properly; 9.1.3 only those people who are authorised by the Contractor are involved in providing the Services; and 9.1.4 approve or disapprove all of the Contractor's Staff comply with all ’s staff performing work hereunder and any proposed changes in the Contractor’s staff. 7.4 The Director may at any time give the Contractor written notice to the effect that the conduct or action or a designated employee of the Authority's policiesContractor is, rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for conduct when at or outside the Authority’s Premises. 9.2 The Authority may refuse to grant access to and remove any reasonable belief of the Contractor's Staff who do not comply with clause 9.1.4 or if they otherwise present a security threat or Director, detrimental to the Authority reasonably determines their presence to be undesirable. 9.3 The Contractor shall replace any interest of the Contractor's Staff who public patronizing the Authority reasonably decides have failed to carry out their duties with reasonable skill and care. Following the removal of any of the Contractor's Staff for any reason, the Contractor shall ensure such person is replaced promptly with another person with the necessary training and skills to meet the requirements of the Services. 9.4 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 requestpremises. The Contractor shall ensure meet with the Director or his authorized representative to consider the appropriate course of action with respect to the matter and the Contractor shall take reasonable measures under the circumstances to assure the Director that the conduct and activities of the Contractor’s employee(s) will not be detrimental to the interest of the public patronizing the premises. 7.5 The Director may require the Contractor to establish an identification system for personnel assigned to the facilities which clearly indicates to the public the name of the Contractor responsible for the landscape and grounds maintenance services. The identification system shall be furnished at the Contractor's expense and may include, but not be limited to, appropriate attire and/or name badges as specified by the Director. 7.6 The Contractor shall require each of his employees to adhere to basic public works standards of working attire. These are basically: uniforms, proper shoes and other gear as required by State Safety Regulations, and the proper wearing of the clothing. Shirts shall be worn at all times that it has the right to provide these records under Data Protection Legislation. 9.5 The Contractor shall comply with the Authority's procedures for the vetting of personnel and as advised to the Contractor by the Authority 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 Authority's procedures for the vetting of personnel. 9.6 If the Contractor fails to comply with clause 9.4 within one Month of the date of the request and in the reasonable opinion of the Authority, such failure may be prejudicial to the interests of the Crown, then the Authority may terminate the Contract immediately by giving notice in writing at any time after the end of that one Month period, such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the Authority. 9.7 The decision of the Authority as to whether any person is to be refused access to the Premises and/or as to whether the Contractor has failed to comply with clause 9.4 shall be final and conclusivebuttoned.

Appears in 1 contract

Samples: Contract for Park Maintenance Services

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