Removal of Individuals Performing Work. The Contractor shall not have anyone perform work under this Agreement who is not competent, faithful and skilled in the work for which he or she shall be employed. Whenever the Commissioner shall inform the Contractor, in writing, that any individual is, in his or her opinion, incompetent, unfaithful, or unskilled, such individual shall no longer perform work under this Agreement. Prior to making a determination to direct a Contractor that an individual shall no longer perform work under this Agreement, the Commissioner shall provide the Contractor an opportunity to be heard on no less than five (5) Days’ written notice. The Commissioner may direct the Contractor not to allow the individual from performing work under the Agreement pending the opportunity to be heard and the Commissioner’s determination.
Removal of Individuals Performing Work. The Contractor shall not have anyone perform work under this Agreement who is not competent, faithful and skilled in the work for which he or she shall be employed. Whenever the Commissioner shall inform the Contractor, in writing, that any individual performing material work under this Agreement, is, in his or her opinion, incompetent, unfaithful, or unskilled, such individual shall no longer perform work under this Agreement. For the purpose of the above, “an individual performing material work” shall be defined as: (i) any person that either directly interfaces with the City and/or its Single Point of Contact or (ii) any person directly responsible for the overall supervision of the material tasks set forth in an applicable Scope of Work. Prior to making a determination to direct a Contractor that an individual shall no longer perform work under this Agreement, the Commissioner shall provide the Contractor an opportunity to be heard on no less than five (5) Days’ written notice. The Commissioner may direct the Contractor not to allow the individual from performing work under the Agreement pending the opportunity to be heard and the Commissioner’s determination.
Removal of Individuals Performing Work. The Awardee shall not have anyone perform work under this Agreement who is not competent, faithful, and skilled in the work for which he or she shall be employed. Whenever the Commissioner shall inform the Awardee, in writing, that any individual is, in his or her opinion, incompetent, unfaithful, or unskilled, such individual shall no longer perform work under this Agreement. Prior to making a determination to direct an Awardee that an individual shall no longer perform work under this Agreement, the Commissioner shall provide the Awardee an opportunity to be heard on no less than five Days’ written notice. The Commissioner may direct the Awardee to prohibit the individual from performing work under the Agreement pending the opportunity to be heard and the Commissioner’s determination.
