Common use of “Lame Duck” Provisions Clause in Contracts

“Lame Duck” Provisions. If Contractor fails to win the bid in a subsequent bid cycle, County shall depend upon Contractor to continue provision of all services required under this agreement until the winning contractor takes over operations. Under these circumstances, Contractor would, for a period of several months, serve as a “lame duck”. To ensure continued performance fully consistent with the requirements of this agreement throughout any such “lame duck” period, the following provisions shall apply: A. Throughout such “lame duck” period, Contractor shall continue all operations and support services at substantially the same levels of effort and performance as were in effect prior to the award of the subsequent agreement to the subsequent winning contractor; B. Contractor shall make no changes in methods of operation that could reasonably be considered aimed at cutting Contractor’s service and operating costs to maximize profits during the final stages of this contract; and C. Contractor may reasonably begin to prepare for transition of service to the new Contractor during the “lame duck” period, and County shall not unreasonably withhold its approval of the outgoing Contractor’s requests to begin an orderly transition process, including reasonable plans to relocate staff, scale down certain inventory items, etc., so long as such transition activities do not impair Contractor’s performance during such “lame duck” period, and so long as such transition activities are prior-approved by County.

Appears in 2 contracts

Samples: Emergency Ambulance Service Agreement, Emergency Ambulance Service Agreement

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“Lame Duck” Provisions. If Should Contractor fails fail to win the bid prevail in a subsequent bid future procurement cycle, County Contractor shall depend upon Contractor agree to continue provision of to provide all services required in and under this agreement the Agreement until the winning contractor takes over operationsnew Contractor assumes service responsibilities. Under these circumstances, circumstances Contractor wouldwill, for a period of several months, serve as a lame duck”duck Contractor. To ensure continued performance fully consistent with the requirements of this agreement throughout the Agreement through any such “lame duck” period, the following provisions shall apply: A. Throughout such “lame duck” period, 1. Contractor shall continue all operations and support services at substantially the same levels level of effort and performance as were in effect prior to the award of the subsequent agreement Agreement to the subsequent winning contractor;a competing organization, including but not limited to compliance with provisions hereof related to qualifications of key personnel. B. 2. Contractor shall make no changes in methods of operation that which could reasonably be considered to be aimed at cutting Contractor’s Contractor service and operating costs cost to maximize maximum profits during the final stages of this contract; andthe Agreement. C. 3. County recognizes that if a competing organization should prevail in a future procurement cycle, Contractor may reasonably begin to prepare for transition of service to the new Contractor during the “lame duck” period, and Contractor. County shall not unreasonably withhold its approval of the outgoing Contractor’s requests 's request to begin an orderly transition process, including reasonable plans to relocate staff, scale down certain inventory items, etc., so as long as such transition activities do activity does not impair Contractor’s 's performance during this period. 4. During the process of a subsequent competition conducted by County, Contractor shall permit its non-management personnel reasonable opportunities to discuss with competing organizations the issues related to employment with such “lame duck” periodorganizations in the event Contractor is not the successful Contractor. Contractor may, however, require that its non-management personnel shall refrain from providing information to a competing organization regarding Contractor's current operations, and so long as such transition activities are priorContractor may also prohibit its management level personnel from communicating with representatives of competing organizations during the competition. However, once County has made its decision regarding award, and in the event, Contractor is not the winner, Contractor shall permit free discussion between any County- based Contractor employee and the winning Contractor without restriction, and without adverse consequence to any County-approved by Countybased employee.

Appears in 2 contracts

Samples: Ambulance and Emergency Medical Services Agreement, Ambulance and Emergency Medical Services Agreement

“Lame Duck” Provisions. If Should current Contractor fails to win the bid be unsuccessful in a subsequent bid cycleemergency medical services and ground ambulance transport services contract award process, County shall depend upon Contractor shall, as required by the City, continue to continue provision of all provide services required under this agreement the Contract until the winning a new contractor takes over operationsis selected and is performing services. Under these circumstances, Contractor would, will service as a lame duck contractor for a period of several months, serve as not to exceed 90 days from the date in which City awards contract to a “lame duck”new provider. To ensure assure continued performance fully consistent with the requirements of this agreement throughout any the contract for such “lame duck” period, the following provisions shall will apply: A. Throughout such “lame duck” period, a) Contractor shall will continue all operations and support services at substantially the same levels level of effort and performance as that were in effect provided under the contract prior to the beginning of a new contract award of the subsequent agreement to the subsequent winning contractor;process. B. Contractor shall make no changes b) The City recognizes that if a new contactor prevails in methods of operation that could reasonably be considered aimed at cutting Contractor’s service and operating costs to maximize profits during the final stages of this contract; and C. a future award process, Contractor may reasonably begin to prepare for transition the performance of service services to the new Contractor during the “lame duck” period, and County shall contractor. The City will not unreasonably withhold its approval of the outgoing Contractor’s requests to begin an orderly transition process, including reasonable plans to relocate staff, scale down certain inventory itemsrelocate equipment, etc., so long as but only to the extent that such transition activities do transitioning does not impair the performance of services during the period. c) During any future contract award process conducted by the City, Contractor will permit its non-management personnel to discuss with competing organizations issues related to employment, if Contractor is not a Proposer. Contractor may, however, require that its non-management personnel refrain from providing information to a competing organization regarding Contractor’s performance then current operations and Contractor may also prohibit its management personnel from communicating with representatives of competing organizations during such “lame duck” periodcontract award process. However, once the City has made its decision regarding award, and so long as such transition activities are prior-approved by Countyin the event a new contractor is selected, Contractor will permit free discussion between its Tempe based employees and the new contractor without restriction and without consequence to any employee.

Appears in 2 contracts

Samples: Emergency Ambulance Transportation Contract, Emergency Ambulance Transportation Contract

“Lame Duck” Provisions. If the Contractor fails to win the bid in a subsequent bid cycle, County the City shall depend upon the Contractor to continue provision of all services required under this agreement until the winning contractor Contractor takes over operations. Under these circumstances, the Contractor would, for a period of several months, serve as a “lame duck”. To ensure continued performance fully consistent with the requirements of this agreement throughout any such “lame duck” period, the following provisions shall apply: A. Throughout such “lame duck” period, Contractor shall continue all operations and support services at substantially the same levels of effort and performance as were in effect prior to the award of the subsequent agreement to the subsequent winning contractorContractor; B. Contractor shall make no changes in methods of operation that could reasonably be considered aimed at cutting Contractor’s service and operating costs to maximize profits during the final stages of this contract; and C. Contractor may reasonably begin to prepare for transition of service to the new Contractor during the “lame duck” period, and County the City shall not unreasonably withhold its approval of the outgoing Contractor’s requests to begin an orderly transition process, including reasonable plans to relocate staff, scale down certain inventory items, etc., so long as such transition activities do not impair Contractor’s performance during such “lame duck” period, and so long as such transition activities are prior-approved by Countythe City.

Appears in 1 contract

Samples: Ambulance Services Agreement

“Lame Duck” Provisions. If Should Contractor fails fail to win the bid prevail in a subsequent bid future procurement cycle, County Contractor shall depend upon Contractor agree to continue provision of to provide all services required in and under this agreement the Agreement until the winning contractor takes over operationsnew Contractor assumes service responsibilities. Under these circumstancescircumstances Contractor will, Contractor wouldif requested by County, for a period of several three (3) months, serve as a lame duck”duck Contractor. To ensure continued performance fully consistent with the requirements of this agreement throughout the Agreement through any such “lame duck” period, the following provisions shall apply: A. Throughout such “lame duck” period, 1. Contractor shall continue all operations and support services at substantially the same levels level of effort and performance as were in effect prior to the award of the subsequent agreement Agreement to the subsequent winning contractora competing organization, including but not limited to compliance with provisions hereof related to qualifications of key personnel; B. 2. Contractor shall make no changes in methods of operation that which could reasonably be considered to be aimed at cutting Contractor’s Contractor service and operating costs cost to maximize maximum profits during the final stages of this contract; andthe Agreement; C. 3. County recognizes that if a competing organization should prevail in a future procurement cycle, Contractor may reasonably begin to prepare for transition of service to the new Contractor during the “lame duck” period, and Contractor. County shall not unreasonably withhold its approval of the outgoing Contractor’s requests 's request to begin an orderly transition process, including reasonable plans to relocate staff, scale down certain inventory items, etc., so as long as such transition activities do activity does not impair Contractor’s 's performance during this period. 4. During the process of a subsequent competition conducted by County, Contractor shall permit its Non-management personnel reasonable opportunities to discuss with competing organizations the issues related to employment with such “lame duck” periodorganizations in the event Contractor is not the successful Contractor. Contractor may, however, require that its Non- management personnel shall refrain from providing information to a competing organization regarding Contractor's current operations, and so long as such transition activities are priorContractor may also prohibit its management level personnel from communicating with representatives of competing organizations during the competition. However, once County has made its decision regarding award, and in the event Contractor is not the winner, Contractor shall permit free discussion between any County-approved by based Contractor employee and the winning Contractor without restriction, and without adverse consequence to any County-based employee.

Appears in 1 contract

Samples: Agreement for Ambulance and Emergency and Non Emergency Medical Services

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“Lame Duck” Provisions. If Contractor fails to win the bid in a subsequent bid cycle, County shall depend upon Contractor to continue provision of all services required under this agreement Agreement until the winning contractor takes over operations. Under these circumstances, Contractor would, for a period of several months, serve as a “lame duck”. To ensure continued performance fully consistent with the requirements of this agreement Agreement throughout any such “lame duck” period, the following provisions shall apply: A. Throughout such “lame duck” period, Contractor shall continue all operations and support services at substantially the same levels of effort and performance as were in effect prior to the award of the subsequent agreement to the subsequent winning contractor; B. Contractor shall make no changes in methods of operation that could reasonably be considered aimed at cutting Contractor’s service and operating costs to maximize profits during the final stages of this contract; and C. Contractor may reasonably begin to prepare for transition of service to the new Contractor during the “lame duck” period, and County shall not unreasonably withhold its approval of the outgoing Contractor’s requests to begin an orderly transition process, including reasonable plans to relocate staff, scale down certain inventory items, etc., so long as such transition activities do not impair Contractor’s performance during such “lame duck” period, and so long as such transition activities are prior-approved by County.

Appears in 1 contract

Samples: Emergency Ambulance Service Agreement

“Lame Duck” Provisions. If the Contractor fails to win the bid in a subsequent bid cycle, County the City shall depend upon the Contractor to continue provision of all services required under this agreement until the winning contractor takes over operations. Under these circumstances, the Contractor would, for a period of several months, serve as a “lame duck”. To ensure continued performance fully consistent with the requirements of this agreement throughout any such “lame duck” period, the following provisions shall apply: A. Throughout such “lame duck” period, Contractor shall continue all operations and support services at substantially the same levels of effort and performance as were in effect prior to the award of the subsequent agreement to the subsequent winning contractor; B. Contractor shall make no changes in methods of operation that could reasonably be considered aimed at cutting Contractor’s service and operating costs to maximize profits during the final stages of this contract; and C. Contractor may reasonably begin to prepare for transition of service to the new Contractor during the “lame duck” period, and County the City shall not unreasonably withhold its approval of the outgoing Contractor’s requests to begin an orderly transition process, including reasonable plans to relocate staff, scale down certain inventory items, etc., so long as such transition activities do not impair Contractor’s performance during such “lame duck” period, and so long as such transition activities are prior-approved by Countythe City.

Appears in 1 contract

Samples: Emergency Services Agreement

“Lame Duck” Provisions. If Should Contractor fails fail to win the bid prevail in a subsequent bid future procurement cycle, County Contractor shall depend upon Contractor agree to continue provision of to provide all services required in and under this agreement the Agreement until the winning contractor takes over operationsnew Contractor assumes service responsibilities. Under these circumstancescircumstances Contractor will, Contractor wouldif requested by County, for a period of several three (3) months, serve as a lame duck”duck Contractor. To ensure continued performance fully consistent with the requirements of this agreement throughout the Agreement through any such “lame duck” period, the following provisions shall apply: A. Throughout such “lame duck” period, 1. Contractor shall continue all operations and support services at substantially the same levels level of effort and performance as were in effect prior to the award of the subsequent agreement Agreement to the subsequent winning contractora competing organization, including but not limited to compliance with provisions hereof related to qualifications of key personnel; B. 2. Contractor shall make no changes in methods of operation that which could reasonably be considered to be aimed at cutting Contractor’s Contractor service and operating costs cost to maximize maximum profits during the final stages of this contract; andthe Agreement; C. 3. County recognizes that if a competing organization should prevail in a future procurement cycle, Contractor may reasonably begin to prepare for transition of service to the new Contractor during the “lame duck” period, and Contractor. County shall not unreasonably withhold its approval of the outgoing Contractor’s requests 's request to begin an orderly transition process, including reasonable plans to relocate staff, scale down certain inventory items, etc., so as long as such transition activities do activity does not impair Contractor’s 's performance during this period. 4. During the process of a subsequent competition conducted by County, Contractor shall permit its Non-management personnel reasonable opportunities to discuss with competing organizations the issues related to employment with such “lame duck” periodorganizations in the event Contractor is not the successful Contractor. Contractor may, however, require that its Non-management personnel shall refrain from providing information to a competing organization regarding Contractor's current operations, and so long as such transition activities are priorContractor may also prohibit its management level personnel from communicating with representatives of competing organizations during the competition. However, once County has made its decision regarding award, and in the event Contractor is not the winner, Contractor shall permit free discussion between any County-approved by based Contractor employee and the winning Contractor without restriction, and without adverse consequence to any County-based employee.

Appears in 1 contract

Samples: Ambulance and Emergency Medical Services Agreement

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