EVENTS CONSTITUTING MATERIAL BREACH OF AGREEMENT The Applicant shall be in Material Breach of this Agreement if it commits one or more of the following acts or omissions (each a “Material Breach”):
Grant Remedies Termination and Prohibited Activities 18 9.1 Remedies 18 9.2 Termination for Convenience 19 9.3 Termination for Cause 19
PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (Effective Aug. 13, 2020 and as amended October 26, 2020) Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. ‘‘Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
ARTICLE I - PURPOSE 1.01 The purpose of this Agreement is to secure for the Company and the Union, the full benefits of orderly and legal collective bargaining in respect to hours, wages, working conditions, and to ensure to the utmost extent possible, the safety and physical welfare of the employees, economy of operation, quality and quantity of output and the protection of property. This agreement moreover, seeks to provide for fair and peaceful adjustments of all disputes that may arise between the parties. It is recognized as a duty of the parties hereto and of all employees to co-operate fully, individually and collectively, for the advancement of the conditions set forth herein.
Position Purpose To provide cleaning, packaging and sterilisation of reusable critical and semi-critical medical equipment within the central sterilising and supply department for both internal and external users. Department / Unit Specific Overview EGHS’ Perioperative department offers a wide range services to meet the needs of the local community and the surrounding region. The perioperative services include two operating theatres, day procedure unit – 6 bays, central sterile supply department, recovery room – 4 bays and a renal dialysis suite – 7 chairs. We offer a range of surgical procedures performed by our resident and visiting surgeons, these include; general surgery, gynaecology, ophthalmology, orthopaedics, urology, dental, Ear nose and throat, caesarean section and certain emergency surgeries. Our Values Integrity We value integrity, honesty and respect in all relationships Excellence We value excellence as the appropriate standard for all services and practices Community We respect the dignity and rights of our community and acknowledge their beliefs, regardless of their cultural, spiritual or socioeconomic background Working Together We value equally all people who make a contribution to EGHS to achieve shared goals Learning Culture We strive to continually lead and develop through education, training, mentoring and by teaching others. Organisational Context East Grampians Health Service is a rural health service located in Ararat and Willaura in Western Victoria and is an integral part of a thriving community that is committed to quality services providing health and wellbeing to people of all backgrounds. Serving a diverse community, East Grampians Health Service delivers an extensive range of acute, residential, home and community based services. We strive to continually improve our services to best meet the needs of our patients, residents and the community. Our Vision To be leaders in rural health care Our Strategic direction EGHS strategic plan 2019-22 mirrors the Victorian Government Health 2040; Advancing Health, Access and Care guidelines and is underpinned by our organisational values and behaviours - ‘improving our communities health and quality of life through strong partnerships and by responding to changing needs’. We incorporate our opportunities through Better Health, Better Access, and Better Care, which are pivotal in achieving our vision of being ‘leaders in rural health care’: BETTER HEALTH A system geared to prevention as much as treatment Everyone understands their own health risks Illness is detected and managed early Healthy neighbourhoods and communities encourage healthy lifestyle BETTER ACCESS Care is always there when people need it More access to care in the home and community People are connected to the full range of care and support they need There is fair access to care BETTER CARE Target zero avoidable harm Healthcare that focuses on outcomes People are active partners in care Care fits together around people’s needs Organisational Responsibilities Be aware of and work in accordance with EGHS policies and procedures, including: Victorian Public Sector - Code of Conduct Confidentiality, Security and Management of Information - XXXX 24.02 Hand Hygiene - XXXX 70.18 Occupational Health and Safety - XXXX 72.09 Person Centred Care - XXXX 60.20 Safety - XXXX 72.13 Performance Development policy - XXXX 35.27 Risk Management - XXXX 74.01 Be respectful of the needs of patients, visitors and other staff and maintain a professional approach in all interactions, creating exceptional experiences. Be aware of the National Safety and Quality Health Service Standards and all other standards as it relates your area of work and associated accreditation. Undertake other duties as directed that meet relevant standards and recognised practice. Agree to provide evidence of a valid employment Working with Children Check and provide the necessary details for East Grampians Health Service to undertake a national Police check. All staff are expected to identify and report incidents, potential for error and near misses and supports staff to learn how to improve the knowledge systems and processes to create a safe and supportive environment for staff and patients. Contribute to a positive and supportive learning culture and environment for health professional students and learners at all levels. Participate in all mandatory education and orientation sessions as outlined by EGHS. East Grampians Health Service is an equal opportunity employer and is committed to providing for its employees a work environment which is free of harassment or discrimination. EGHS reserves the right to modify position descriptions as required. Staff will be consulted when this occurs. Responsibilities and Major Activities Responsible for routine and special purpose cleaning in the perioperative unit to maintain a clean environment to assist in the prevention of cross-infection To dispose of soiled materials appropriately and safely in accordance with EGHS policy Assist in the maintenance of supplies required within the Department, including linen, reusable and single use equipment, instruments and consumables Decontamination and high level disinfection of flexible endoscopes Maintain appropriate records and statistical information associated with the department Assist in the continual development of the unit, identifying opportunities for improving performance Completion of sterilisation duties in a timely and efficient manner and to a high standard Assist with the education and training and orientation of perioperative personal Undertake any other duties as directed by the Manager of Perioperative Services Key Performance Indicators Demonstrates accurate documentation of activities. Works to best practice, ensuring appropriate standards, procedures and protocols are used as guidance. If required commence study to progress to formal qualifications within the first six months of employment. Complete sterilisation duties to set deadlines and to a high standard Demonstrates accurate documentation of activities Key Selection Criteria Essential Criteria: Holds a Certificate III in Health –Sterilising Practice for Technicians or equivalent or willingness to work towards Self-reliant and motivated Able to work independently and as part of a team Excellent communication, negotiation, organisational and time management skills Able to liaise across the full spectrum of health and welfare services and relate positively to a wide range of people Commitment to quality, best practice and environmental safety Excellent literacy skills Must comply to having or completion of: National Police Check (renewed every 3 years) Working with Children Check (renewed every 5 years) Immunisations (as required) Desirable Criteria Basic computer skills Previous Instrument Technician experience in a Central Sterilising Department Acknowledgement Employee Signature: Employee Name: Date: Manager Signature: Manager Name: Date: Developed Date: March 2019 Developed by: Director of Clinical Services
Remedies Not Involving Termination The State, in its discretion, may exercise one or more of the following additional remedies:
Subcontracting for the Provision of Services (a) The parties acknowledge that, subject to the provisions of LHSIA, the HSP may subcontract the provision of some or all of the Services. For the purposes of this Agreement, actions taken or not taken by the subcontractor, and Services provided by the subcontractor, will be deemed actions taken or not taken by the HSP, and Services provided by the HSP.
Rights and Remedies are Cumulative Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
INDEPENDENT PERSONAL SERVICES 1. Income derived by a resident of a Contracting State in respect of professional services or other activities of an independent character shall be taxable only in that State except in the following circumstances, when such income may also be taxed in the other Contracting State:
When Rights and Remedies Not Waived In no event shall the making by Triumph of any payment to Grantee constitute or be construed as a waiver by Triumph of any breach of covenant or any default which may then exist, on the part of Grantee, and the making of such payment by Triumph while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to Triumph with respect to such breach or default.
