Provider’s Personnel. Removal of Personnel
53.1 The Department may give Notice, on reasonable grounds related to the performance of the Services, requiring the Provider to remove Personnel from work on the Services. The Provider must, at its own cost, promptly arrange for the removal of such Personnel from work on the Services and replacement with Personnel acceptable to the Department.
53.2 For the purposes of clause 53.1, if the Provider is unable to provide replacement Personnel who are acceptable to the Department, the Department may terminate this Agreement under clause 61 [Termination for default].
Provider’s Personnel. The Provider shall make Key Personnel available for the purposes of the Services and shall not make any changes in the Key Personnel without the prior written approval of the Commissioner.
Provider’s Personnel. 2.4.1 The provider shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws. This includes, but is not limited to, the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), P.L. 104-208, 110 Stat. 3009, and INA Xxxxxxx 000X (0 X.X.X. §0000x).
a. If the provider is found to be in violation of this requirement or the applicable state, federal, and local laws and regulations, and if the State of Missouri has reasonable cause to believe that the provider has knowingly employed individuals who are not eligible to work in the United States, the state shall have the right to cancel the agreement immediately without penalty or recourse and suspend or debar the provider from doing business with the state. The state may also withhold up to twenty-five percent (25%) of the total amount due to the provider.
b. The provider shall fully cooperate with any audit or investigation from federal, state or local law enforcement agencies.
2.4.2 If the provider meets the definition of a business entity as defined in section 285.525, RSMo pertaining to section 285.530, RSMo the provider shall maintain enrollment and participation in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the contracted services included herein. If the provider’s business status changes during the life of the agreement to become a business entity as defined in section 285.525, RSMo pertaining to section 285.530, RSMo then the provider shall, prior to the performance of any services as a business entity under the agreement:
a. Enroll and participate in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services required herein; and
b. Provide to the Department the documentation required in the exhibit titled, Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization affirming said company’s/individual’s enrollment and participation in the E-Verify federal work authorization program; and
c. Submit to the Department a completed, notarized Affidavit of Work Authorization provided in the exhibit titled, Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization.
Provider’s Personnel. 6.1 The Provider warrants and represents that all its Personnel assigned to the performance of the Services shall be suitably qualified, trained and experienced to provide the Services required and shall be made fully aware of the Provider’s obligations under this Agreement as it affects them in the performance of the Services.
6.2 The Provider shall at all times employ and assign to the Services Personnel who are fit and competent to provide the Services and of sufficient number to ensure that the Services are provided at all times in accordance with this Agreement.
6.3 The Provider shall promptly replace any Personnel assigned to the Services and who cease to be in its employment or under its control for whatever reason and such replacements shall have the equivalent skill levels and shall in every way be suitable for the performance of the Services.
6.4 The Provider shall ensure all Personnel deployed on the Services are properly managed and sufficiently instructed and supervised with regard to the provision of the Services.
6.5 The Provider shall give and shall ensure that its Personnel give all reasonable assistance to the Purchaser in the investigation of complaints, disciplinary matters, claims for damages and similar matters.
6.6 The Purchaser shall have power upon written notice to require the Provider, but not unreasonably or vexatiously, to remove any Personnel from involvement in the Services whose admission or continued presence would be, in the reasonable opinion of the Purchaser, undesirable. The decision of the Purchaser shall be final and conclusive.
6.7 The Purchaser shall in no circumstances be liable either to the Provider or to any Personnel in respect of any award, cost, expenses, liability, loss or damage occasioned by such a removal and the Provider shall fully indemnify the Purchaser in respect of any claims made.
Provider’s Personnel. The Provider shall make available for the purposes of the Work any individuals named in the Order Form as Key Personnel. The Provider shall provide the Authority with a list of the names and addresses of all others regarded by the Provider as Key Personnel and, if and when instructed by the Authority, all other persons who may be at any time concerned with the Work or any part of it, specifying in each case the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the Authority may reasonably require. The Authority may at any time by notice to the Provider designate any person concerned with the Work or any part of it as Key Personnel. The Provider shall not without prior written approval of the Authority make any changes in the Key Personnel referred to in this paragraph, such Authority approval not to be unreasonably withheld. The Provider shall take all reasonable steps to ensure that its Key Personnel remain for the full period of the Contract. Unavoidable changes in Key Personnel proposed by the Provider and agreed by the Authority shall be subject to one week's written notice. If in the opinion of the Authority the Provider's Key Personnel commit any act of misconduct or appear incapable of efficiently performing their duties, or if the continuing engagement of any Key Personnel is not in the public interest, the Authority shall be entitled to remove such Key Personnel from its Premises without notice. The Provider shall, only if so requested by the Authority, promptly provide replacement personnel acceptable to the Authority without additional charge. If the Provider fails to provide, on request, suitable and acceptable personnel the Authority may employ such persons as may be deemed necessary for the purpose of carrying out the work and recover from the Provider the additional cost thereby incurred, or terminate the Contract at its discretion. The Provider shall at all times during the term of this Contract be an independent Provider with respect to the Work and the Authority and nothing in this Contract shall be construed as creating at any time the relationship of employer and employee between the Authority and the Provider or any of the Provider's employees. Neither the Provider nor any of its employees shall at any time hold itself or themselves out to be the employee or employees of the Authority and neither the Provider nor any of its employees shall be entitled t...
Provider’s Personnel. Provider shall be solely responsible for payment of compensation to its personnel and for all related federal and state income tax withholding, social security taxes, unemployment insurance and the like. Provider agrees to maintain and to provide Xxxxxxx on request with documentation of adequate insurance coverage for professional (if applicable) and general liability, bodily injury, property damage and workers’ compensation coverage for its personnel who perform the Services. All personnel of Provider who perform Services shall be citizens of the United States or holders of a valid Permanent Resident Card. Provider shall provide Xxxxxxx on request with documentation of personnel citizenship or permanent residence.
Provider’s Personnel. Roche reserves the right, in its sole discretion, to reject any of Provider’s employees, agents, or subcontractors and require a replacement. In such event, Provider agrees to replace such personnel within five (5) business days from the time Xxxxx notifies Provider.
Provider’s Personnel. (a) If requested by Roads and Maritime, Provider must authorise or obtain all relevant consents for Roads and Maritime to conduct criminal records checks and police checks in relation to any or all of Provider's Personnel.
(b) Provider must ensure that its Personnel:
(i) hold all relevant qualifications including any required licences; and
(ii) comply with all WHS Laws.
(c) Provider must ensure that any Personnel, who may be required to comply with any eligibility criteria described in the OSOM Operating Guidelines comply with the relevant criteria and that the Drivers comply with the eligibility criteria for Authorised Escort Vehicle Drivers described in the OSOM Operating Guidelines.
(d) Provider must immediately notify Roads and Maritime if any of its Personnel are involved in, or are alleged to be or are suspected of being involved in, any criminal activity, any serious driving offences, or any misconduct.
Provider’s Personnel. 3.1 The Provider’s personnel shall be qualified, competent, suitable for the services and perform according to generally accepted professional standards.
3.2 Where the Agreement stipulates which personnel of the Provider who shall perform the Services, personnel may not be substituted without SKB’s written consent. Where, based on circumstances beyond the control of the Provider, the personnel fail to fulfil the Services, the Provider shall propose new equallyqualified personnel.
3.3 Upon request by SKB, the Provider shall, without delay, dismiss any personnel from work at SKB who violates any safety provision or guideline, fails to fulfil established or assumed requirements of professional skill and performance of the work with due care, does not meet applicable medical requirements, is intoxicated or under the influence of drugs, exhibits a lack of consideration, orderliness or suitability, or is otherwise offensive during work hours.
3.4 Upon request by SKB, the Provider shall ensure that personnel that performs or will perform work which is important for safety or security at SKB’s nuclear facilities submit medical certificates to SKB showing that the personnel comply with applicable medical requirements. The Provider may not use personnel that does not submit such certificates for work which is important for safety or security. For personnel who will perform work for which a employability assesment is required under the Swedish Work Environment Authority’s (SWE: Arbetsmiljöverket) regulations, a so called certificate of employability (SWE: tjänstbarhetsintyg) should always be submitted before work is commenced.
3.5 Upon request by SKB, the Provider shall, at its own cost, ensure that its personnel have undergonea drug tests before any Services are commenced. The test result shall be made available to SKB.
3.6 SKB performas security checks, including register verifica tion, on all those who participate in the operations at SKB’s nuclear facilities. In respect of work which includes participa tion in such operations, the Provider may only use personnel who have undergone security checks and, in conjunction therewith, have been approved. In connection with extended periods of service, the security checks may need to be renewed.
3.7 SKB is obliged to collect and store personal data regarding persons who carry out work which is important for safety and security at SKB’s nuclear facilities. The Provider may only carry out such work using personnel who ha...
Provider’s Personnel. 3.1 Working with children and criminal records checks
(a) The Service Provider acknowledges that it is an employer as defined in Section 9 of the Child Protection (Working with Children) Act 2012 and that the Service Provider and its agents must ensure all staff employed or engaged in child-related work hold a current working with children check clearance.
(b) The Service Provider represents and warrants to DCJ the Service Provider’s current process of recruitment of employees and contractors requires that working with children checks and national criminal record checks must be completed before all volunteers, employees and contractors commence work with the Service Provider.
