Safeguarding. 50.1 For the purposes of this Clause 50, “Reasonable Measures” shall mean: all reasonable endeavours expected to be taken by a professional and prudent supplier in the Supplier’s industry to eliminate or minimise risk of actual, attempted or threatened exploitation, abuse and harassment (including Sexual Abuse, Sexual Exploitation and Sexual Harassment) and whether or not such conduct would amount to a criminal offence in the United Kingdom or an offence under the laws of the territory in which it takes place (together “Serious Misconduct”) as is reasonable and proportionate under the circumstances. Such endeavours may include (but shall not be limited to): (a) clear and detailed policies and guidance for Supplier Personnel, Supplier Providers and where appropriate, beneficiaries; (b) developing, implementing and maintaining a safeguarding plan throughout the term (including monitoring); (c) provision of regular training to Supplier Personnel, Supplier Providers and where appropriate, beneficiaries (d) clear reporting lines and whistleblowing policies in place for Supplier Personnel, Supplier Providers and beneficiaries, (e) maintaining detailed records of any allegations of Serious Misconduct and regular reporting to DFID and the Appropriate Authorities (where relevant) of any such incidents; (f) any other Good Industry Practice measures (including any innovative solutions), 50.2 The Supplier shall take all Reasonable Measures to prevent Serious Misconduct by the Supplier Personnel or any other persons engaged and controlled by it to perform any activities under this Agreement (“Supplier Providers”) and shall have in place at all times robust procedures which enable the reporting by Supplier Personnel, Supplier Providers and beneficiaries of any such Serious Misconduct, illegal acts and/or failures by the Supplier or Supplier Personnel to investigate such reports. 50.3 The Supplier shall take all Reasonable Measures to ensure that the Supplier Personnel and Supplier Providers do not engage in sexual activity with any person under the age of 18, regardless of the local age of majority or age of consent or any mistaken belief held by the Supplier Personnel or Supplier Provider as to the age of the person. Furthermore, the Supplier shall ensure that the Supplier Personnel and Supplier Providers do not engage in ‘transactional sex’ which shall include but not be limited to the exchange of money, employment, goods, or services for sex and such reference to sex shall include sexual favours or any form of humiliating, degrading or exploitative behavior on the part of the Supplier Personnel and the Supplier Providers. For the avoidance of doubt, such ‘transactional sex’ shall be deemed to be Serious Misconduct in accordance with Clause 50.1. 50.4 The Supplier shall promptly report in writing any complaints, concerns and incidents regarding Serious Misconduct or any attempted or threatened Serious Misconduct by the Supplier Personnel and Supplier Providers to DFID, including DFID’s Counter Fraud Section at xxxxxxxxxxxxxxxxx@xxxx.xxx.xx or +00 (0)0000 000000, and where necessary, the Appropriate Authorities. 50.5 The Supplier shall fully investigate and document all cases or potential cases of Serious Misconduct and shall take appropriate corrective action to reduce the risk and/or eliminate Serious Misconduct being committed by the Supplier Personnel and Supplier Providers (which may include disciplinary action, termination of contracts etc.), such investigations and actions to be reported to DFID as soon as is reasonably practicable 50.6 The Supplier shall not engage as Supplier Personnel or Supplier Provider for the purposes of the Services any person whose previous record or conduct known to the Supplier (or reasonably ought to be known by a diligent supplier which undertakes the appropriate checks) indicates that they are unsuitable to perform the Services and/or where they represent an increased and unacceptable risk of committing Serious Misconduct. 50.7 The Supplier shall comply with all applicable laws, legislation, codes of practice and government guidance in the UK and additionally, in the territories where the Services are being performed, relevant to safeguarding and protection of children and vulnerable adults, which the Supplier acknowledges may include vetting of the Supplier Personnel by the UK Disclosure and Barring Service in respect of any regulated activity performed by the Supplier Personnel (as defined by the Safeguarding Vulnerable Groups Act 2006 (as amended)) and/or vetting by a local equivalent service. Where DFID reasonably believes that there is an increased risk to safeguarding in the performance of the Services, the Supplier shall comply with any reasonable request by DFID for additional vetting to be undertaken. 50.8 Failure by the Supplier to: 50.8.1 put in place preventative measures to eliminate and/or reduce the risk of Serious Misconduct; or 50.8.2 fully investigate allegations of Serious Misconduct; or 50.8.3 report any complaints to DFID and where appropriate, the relevant authorities (including law enforcement)
Appears in 3 contracts
Samples: Supplier Services Contract, Supplier Services Contract, Supplier Services Agreement
Safeguarding. 50.1 29.1. For the purposes of this Clause 5029, “Reasonable Measures” shall mean: “all reasonable endeavours expected to be taken by a professional and prudent supplier in the SupplierSubcontractor’s industry to eliminate or minimise risk of actual, attempted or threatened exploitation, abuse and harassment (including Sexual Abuse, Sexual Exploitation and Sexual Harassment) and whether or not such conduct would amount to a criminal offence in the United Kingdom or an offence under the laws of the territory in which it takes place (together “Serious Misconduct”) as is reasonable and proportionate under the circumstances. Such endeavours may include (but shall not be limited to):
(a) 29.1.1. clear and detailed policies and guidance for Supplier Subcontractor Personnel, Supplier Providers and where appropriate, beneficiaries;
(b) 29.1.2. developing, implementing and maintaining a safeguarding plan throughout the term (including monitoring);
(c) 29.1.3. provision of regular training to Supplier Subcontractor Personnel, Supplier Providers and where appropriate, beneficiaries;
(d) 29.1.4. clear reporting lines and whistleblowing policies in place for Supplier Subcontractor Personnel, Supplier Providers and beneficiaries,;
(e) 29.1.5. maintaining detailed records of any allegations of Serious Misconduct and regular reporting to DFID the Company and the Appropriate Authorities (where relevant) of any such incidents;
(f) 29.1.6. any other Good Industry Practice measures (including any innovative solutions),.”
50.2 29.2. The Supplier Subcontractor shall take all Reasonable Measures to prevent Serious Misconduct by the Supplier Subcontractor Personnel or any other persons engaged and controlled by it to perform any activities under this Agreement (“Supplier Subcontractor Providers”) and shall have in place at all times robust procedures which enable the reporting by Supplier Subcontractor Personnel, Supplier Subcontractor Providers and beneficiaries of any such Serious Misconduct, illegal acts and/or failures by the Supplier Subcontractor or Supplier Subcontractor Personnel to investigate such reports.
50.3 29.3. The Supplier Subcontractor shall take all Reasonable Measures to ensure that the Supplier Subcontractor Personnel and Supplier Subcontractor Providers do not engage in sexual activity with any person under the age of 18, regardless of the local age of majority or age of consent or any mistaken belief held by the Supplier Subcontractor Personnel or Supplier Subcontractor Provider as to the age of the person. Furthermore, the Supplier shall ensure that the Supplier Subcontractor Personnel and Supplier Subcontractor Providers do not engage in ‘transactional sex’ which shall include but not be limited to the exchange of money, employment, goods, or services for sex and such reference to sex shall include sexual favours or any form of humiliating, degrading or exploitative behavior on the part of the Supplier Subcontractor Personnel and the Supplier Subcontractor Providers. For the avoidance of doubt, such ‘transactional sex’ shall be deemed to be Serious Misconduct in accordance with Clause 50.129.1.
50.4 29.4. The Supplier Subcontractor shall promptly report in writing any complaints, concerns and incidents regarding Serious Misconduct or any attempted or threatened Serious Misconduct by the Supplier Subcontractor Personnel and Supplier Subcontractors Providers to DFIDthe Company and also to FCDO, including DFIDFCDO’s Counter Fraud Section at xxxxxxxxxxxxxxxxx@xxxx.xxx.xx or +00 (0)0000 000000, and where necessary, the Appropriate Authorities.
50.5 29.5. The Supplier Subcontractor shall fully investigate and document all cases or potential cases of Serious Misconduct and shall take appropriate corrective action to reduce the risk and/or eliminate Serious Misconduct being committed by the Supplier Subcontractor Personnel and Supplier Subcontractor Providers (which may include disciplinary action, termination of contracts etc.), such investigations and actions to be reported to DFID the Company and FCDO as soon as is reasonably practicable
50.6 29.6. The Supplier Subcontractor shall not engage as Supplier Subcontractor Personnel or Supplier Subcontractor Provider for the purposes of the Services any person whose previous record or conduct known to the Supplier (or reasonably ought to be known by a diligent supplier which undertakes the appropriate checks) indicates that they are unsuitable to perform the Services and/or where they represent an increased and unacceptable risk of committing Serious Misconduct.
50.7 29.7. The Supplier Subcontractor shall comply with all applicable laws, legislation, codes of practice and government guidance in the UK and additionally, in the territories where the Services are being performed, relevant to safeguarding and protection of children and vulnerable adults, which the Supplier Subcontractor acknowledges may include vetting of the Supplier Subcontractor Personnel by the UK Disclosure and Barring Service in respect of any regulated activity performed by the Supplier Subcontractor Personnel (as defined by the Safeguarding Vulnerable Groups Act 2006 (as amended)) and/or vetting by a local equivalent service. Where DFID the Company reasonably believes that there is an increased risk to safeguarding in the performance of the Services, the Supplier Subcontractor shall comply with any reasonable request by DFID the Company for additional vetting to be undertaken.
50.8 29.8. Failure by the Supplier Subcontractor to:
50.8.1 29.8.1. put in place preventative measures to eliminate and/or reduce the risk of Serious Misconduct; or
50.8.2 29.8.2. fully investigate allegations of Serious Misconduct; or
50.8.3 29.8.3. report any complaints to DFID FCDO and where appropriate, the relevant authorities (including law enforcement) shall be a material breach of this Agreement and shall entitle the Company to terminate this Agreement for breach with immediate effect. COMPANY CONTACT DETAILS CONTACT 1 Name: Click here to enter text. Title: Click here to enter text. Email: Click here to enter text. Phone: Click here to enter text. CONTACT 2 Name: Click here to enter text. Title: Click here to enter text. Email: Click here to enter text. Phone: Click here to enter text. CONTACT 3 Name: Click here to enter text. Title: Click here to enter text. Email: Click here to enter text. Phone: Click here to enter text. SUBCONTRACTOR CONTACT DETAILS CONTACT 1 Name: Click here to enter text. Title: Click here to enter text. Email: Click here to enter text. Phone: Click here to enter text. CONTACT 2 Name: Click here to enter text. Title: Click here to enter text. Email: Click here to enter text. Phone: Click here to enter text. CONTACT 3 Name: Click here to enter text. Title: Click here to enter text. Email: Click here to enter text. Phone: Click here to enter text. Description [Insert details here] The Services will be provided on a call down basis and the Services will be set out in a Task Order which will be created by the Company using the form of template in Schedule H There is no obligation on the Company to offer any minimum amount of work pursuant to this Agreement and the Subcontractor is not obliged to accept any Task Order that is offered to it. Changes in any Task Order or in any of the Services (as defined in the applicable Task Order) shall become effective only if accepted and signed by both the Parties. All Task Orders shall form an integral part of this Agreement. In the case of any conflict between the terms of this Agreement and the terms of any Task Order, this Agreement shall prevail. Any Services that the Company wishes the Subcontractor to carry out pursuant to this Agreement shall be set out in a Task Order and the Subcontractor will sign and return the Task Order to the Company within 5 working days if it wishes to undertake the work (and the Company shall be entitled to assume that the Subcontractor is not able to undertake the work if the Task Order is not signed and returned within such time period). A Task Order may be amended in accordance with Clause 3 of this Agreement. Responsibilities of the Subcontractor The Subcontractor’s Deliverables, Outputs and Milestones will be detailed in each individual Task Order. [Insert any general guidance on roles and responsibilities here]. Subcontractor Deliverables/Outputs/Milestones Insert here. Approved Subcontractor Personnel List Enter as many names as needed here Enter corresponding positions here Responsibilities of the Company <<Insert ‘None’ if there are no specific responsibilities for the Company in terms of the Services>>
Appears in 2 contracts
Safeguarding. 50.1 23.1 For the purposes of this Clause 50article 23, “Reasonable Measures” shall mean: all reasonable endeavours expected to be taken by a professional and prudent supplier contractor in the SupplierContractor’s industry to eliminate or minimise risk of actual, attempted or threatened exploitation, abuse and harassment (including Sexual Abuse, Sexual Exploitation and Sexual Harassment) and whether or not such conduct would amount to a criminal offence in the United Kingdom or an offence under the laws of the territory in which it takes place (together “Serious Misconduct”) as is reasonable and proportionate under the circumstances. Such endeavours may include (but shall not be limited to):
(a) clear and detailed policies and guidance for Supplier Contractor Personnel, Supplier Service Providers and where appropriate, beneficiaries;
(b) developing, implementing and maintaining a safeguarding plan throughout the term (including monitoring);
(c) provision of regular training to Supplier Contractor Personnel, Supplier Service Providers and where appropriate, beneficiaries;
(d) clear reporting lines and whistleblowing policies in place for Supplier Contractor Personnel, Supplier Service Providers and beneficiaries,;
(e) maintaining detailed records of any allegations of Serious Misconduct and regular reporting to DFID the Contracting Authority and the Appropriate Authorities (where relevant) of any such incidents;
(f) any other Good Industry Practice measures (including any innovative solutions),
50.2 23.2 The Supplier Contractor shall take all Reasonable Measures to prevent Serious Misconduct by the Supplier Contractor Personnel or any other persons engaged and controlled by it to perform any activities under this Agreement (“Supplier Service Providers”) and shall have in place at all times robust procedures which enable the reporting by Supplier Contractor Personnel, Supplier Service Providers and beneficiaries of any such Serious Misconduct, illegal acts and/or failures by the Supplier Contractor or Supplier Contractor Personnel to investigate such reports.
50.3 23.3 The Supplier Contractor shall take all Reasonable Measures to ensure that the Supplier Contractor Personnel and Supplier Service Providers do not engage in sexual activity with any person under the age of 18, regardless of the local age of majority or age of consent or any mistaken belief held by the Supplier Contractor Personnel or Supplier Service Provider as to the age of the person. Furthermore, the Supplier Contractor shall ensure that the Supplier Contractor Personnel and Supplier Service Providers do not engage in ‘transactional sex’ which shall include but not be limited to the exchange of money, employment, goods, or services for sex and such reference to sex shall include sexual favours or any form of humiliating, degrading or exploitative behavior behaviour on the part of the Supplier Contractor Personnel and the Supplier Service Providers. For the avoidance of doubt, such ‘transactional sex’ shall be deemed to be Serious Misconduct in accordance with Clause 50.1article 23.1.
50.4 23.4 The Supplier Contractor shall promptly report in writing any complaints, concerns and incidents regarding Serious Misconduct or any attempted or threatened Serious Misconduct by the Supplier Contractor Personnel and Supplier Service Providers to DFID, including DFID’s Counter Fraud Section at xxxxxxxxxxxxxxxxx@xxxx.xxx.xx or +00 (0)0000 000000the Contracting Authority, and where necessary, the Appropriate Authorities.
50.5 23.5 The Supplier Contractor shall fully investigate and document all cases or potential cases of Serious Misconduct and shall take appropriate corrective action to reduce the risk and/or eliminate Serious Misconduct being committed by the Supplier Contractor Personnel and Supplier Service Providers (which may include disciplinary action, termination of contracts etc.), such investigations and actions to be reported to DFID the Contracting Authority as soon as is reasonably practicable.
50.6 23.6 The Supplier Contractor shall not engage as Supplier Contractor Personnel or Supplier Service Provider for the purposes of the Services any person whose previous record or conduct known to the Supplier Contractor (or reasonably ought to be known by a diligent supplier contractor which undertakes the appropriate checks) indicates that they are unsuitable to perform the Services and/or where they represent an increased and unacceptable risk of committing Serious Misconduct.
50.7 23.7 The Supplier Contractor shall comply with all applicable laws, legislation, codes of practice and government guidance in the UK and additionally, in the territories where the Services are being performed, relevant to safeguarding and protection of children and vulnerable adults, which the Supplier Contractor acknowledges may include vetting of the Supplier Contractor Personnel by the UK Disclosure and Barring Service in respect of any regulated activity performed by the Supplier Contractor Personnel (as defined by the Safeguarding Vulnerable Groups Act 2006 (as amended)) and/or vetting by a local equivalent service. Where DFID the Contracting Authority reasonably believes that there is an increased risk to safeguarding in the performance of the Services, the Supplier Contractor shall comply with any reasonable request by DFID the Contracting Authority for additional vetting to be undertaken.
50.8 23.8 Failure by the Supplier Contractor to:
50.8.1 put 23.8.1 Put in place preventative measures to eliminate and/or reduce the risk of Serious Misconduct; or
50.8.2 fully 23.8.2 Fully investigate allegations of Serious Misconduct; or
50.8.3 report 23.8.3 Report any complaints to DFID the Contracting Authority and where appropriate, the relevant authorities (including law enforcement)Shall be a material Default of this Contract and shall entitle the Contracting Authority to terminate this Contract with immediate effect.
Appears in 2 contracts
Samples: Service Contract, Supply Contract
Safeguarding. 50.1 24.1 For the purposes of this Clause 50article 23, “Reasonable Measures” shall mean: all reasonable endeavours expected to be taken by a professional and prudent supplier contractor in the SupplierContractor’s industry to eliminate or minimise risk of actual, attempted or threatened exploitation, abuse and harassment (including Sexual Abuse, Sexual Exploitation and Sexual Harassment) and whether or not such conduct would amount to a criminal offence in the United Kingdom or an offence under the laws of the territory in which it takes place (together “Serious Misconduct”) as is reasonable and proportionate under the circumstances. Such endeavours may include (but shall not be limited to):
(a) clear and detailed policies and guidance for Supplier Contractor Personnel, Supplier Service Providers and where appropriate, beneficiaries;
(b) developing, implementing and maintaining a safeguarding plan throughout the term (including monitoring);
(c) provision of regular training to Supplier Contractor Personnel, Supplier Service Providers and where appropriate, beneficiaries;
(d) clear reporting lines and whistleblowing policies in place for Supplier Contractor Personnel, Supplier Service Providers and beneficiaries,;
(e) maintaining detailed records of any allegations of Serious Misconduct and regular reporting to DFID the Contracting Authority and the Appropriate Authorities (where relevant) of any such incidents;
(f) any other Good Industry Practice measures (including any innovative solutions),
50.2 24.2 The Supplier Contractor shall take all Reasonable Measures to prevent Serious Misconduct by the Supplier Contractor Personnel or any other persons engaged and controlled by it to perform any activities under this Agreement (“Supplier Service Providers”) and shall have in place at all times robust procedures which enable the reporting by Supplier Contractor Personnel, Supplier Service Providers and beneficiaries of any such Serious Misconduct, illegal acts and/or failures by the Supplier Contractor or Supplier Contractor Personnel to investigate such reports.
50.3 24.3 The Supplier Contractor shall take all Reasonable Measures to ensure that the Supplier Contractor Personnel and Supplier Service Providers do not engage in sexual activity with any person under the age of 18, regardless of the local age of majority or age of consent or any mistaken belief held by the Supplier Contractor Personnel or Supplier Service Provider as to the age of the person. Furthermore, the Supplier Contractor shall ensure that the Supplier Contractor Personnel and Supplier Service Providers do not engage in ‘transactional sex’ which shall include but not be limited to the exchange of money, employment, goods, or services for sex and such reference to sex shall include sexual favours or any form of humiliating, degrading or exploitative behavior behaviour on the part of the Supplier Contractor Personnel and the Supplier Service Providers. For the avoidance of doubt, such ‘transactional sex’ shall be deemed to be Serious Misconduct in accordance with Clause 50.1article 23.1.
50.4 24.4 The Supplier Contractor shall promptly report in writing any complaints, concerns and incidents regarding Serious Misconduct or any attempted or threatened Serious Misconduct by the Supplier Contractor Personnel and Supplier Service Providers to DFID, including DFID’s Counter Fraud Section at xxxxxxxxxxxxxxxxx@xxxx.xxx.xx or +00 (0)0000 000000the Contracting Authority, and where necessary, the Appropriate Authorities.
50.5 24.5 The Supplier Contractor shall fully investigate and document all cases or potential cases of Serious Misconduct and shall take appropriate corrective action to reduce the risk and/or eliminate Serious Misconduct being committed by the Supplier Contractor Personnel and Supplier Service Providers (which may include disciplinary action, termination of contracts etc.), such investigations and actions to be reported to DFID the Contracting Authority as soon as is reasonably practicable.
50.6 24.6 The Supplier Contractor shall not engage as Supplier Contractor Personnel or Supplier Service Provider for the purposes of the Services any person whose previous record or conduct known to the Supplier Contractor (or reasonably ought to be known by a diligent supplier contractor which undertakes the appropriate checks) indicates that they are unsuitable to perform the Services and/or where they represent an increased and unacceptable risk of committing Serious Misconduct.
50.7 24.7 The Supplier Contractor shall comply with all applicable laws, legislation, codes of practice and government guidance in the UK and additionally, in the territories where the Services are being performed, relevant to safeguarding and protection of children and vulnerable adults, which the Supplier Contractor acknowledges may include vetting of the Supplier Contractor Personnel by the UK Disclosure and Barring Service in respect of any regulated activity performed by the Supplier Contractor Personnel (as defined by the Safeguarding Vulnerable Groups Act 2006 (as amended)) and/or vetting by a local equivalent service. Where DFID the Contracting Authority reasonably believes that there is an increased risk to safeguarding in the performance of the Services, the Supplier Contractor shall comply with any reasonable request by DFID the Contracting Authority for additional vetting to be undertaken.
50.8 24.8 Failure by the Supplier Contractor to:
50.8.1 put 23.8.1 Put in place preventative measures to eliminate and/or reduce the risk of Serious Misconduct; or
50.8.2 fully 23.8.2 Fully investigate allegations of Serious Misconduct; or
50.8.3 report 23.8.3 Report any complaints to DFID the Contracting Authority and where appropriate, the relevant authorities (including law enforcement)Shall be a material Default of this Contract and shall entitle the Contracting Authority to terminate this Contract with immediate effect.
Appears in 2 contracts
Samples: Supply Contract, Supply Contract
Safeguarding. 50.1 The Subcontractor shall (and the Subcontractor shall procure that its Subcontractor Personnel does) at all times comply with the Sightsavers’ Safeguarding Policy, receipt of a copy of which the Subcontractor hereby acknowledges. If and to the extent that the Subcontractor’s own safeguarding policy is confirmed in writing by Sightsavers to comply with the Sightsavers Safeguarding Policy, the Subcontractor shall (and the Subcontractor shall procure that its Subcontractor Personnel does) comply with the Subcontractor’s own safeguarding policy. For the purposes of this Clause 5031, “"Reasonable Measures” " shall mean: all reasonable endeavours expected to be taken by a professional and prudent supplier in the SupplierSubcontractor’s industry to eliminate or minimise risk of actual, attempted or threatened exploitation, abuse and harassment (including Sexual Abuse, Sexual Exploitation and Sexual Harassment) and whether or not such conduct would could amount to a criminal offence in the United Kingdom or an offence under the laws of the territory in which it takes place (together “"Serious Misconduct”") as is reasonable and proportionate under the circumstances. Such endeavours may include (but shall not be limited to):
(a) ): clear and detailed policies and guidance for Supplier Personnel, Supplier Providers Subcontractor Personnel and where appropriate, beneficiaries;
(b) ; developing, implementing and maintaining and, throughout the Term maintaining, a safeguarding plan throughout the term (including monitoring);
(c) ; provision of regular training to Supplier Personnel, Supplier Providers Subcontractor Personnel and where appropriate, beneficiaries
(d) ; clear reporting lines and whistleblowing policies in place for Supplier the Subcontractor Personnel, Supplier Providers Subcontractor providers and beneficiaries,
(e) ; maintaining detailed records of any allegations of Serious Misconduct and regular reporting to DFID Sightsavers and the Appropriate Authorities (where relevant) of any such incidents;
(f) incidents any other Good Industry Practice measures in relation to safeguarding (including any innovative solutions),
50.2 , The Supplier Subcontractor shall take all Reasonable Measures to prevent Serious Misconduct by the Supplier Subcontractor Personnel or any other persons engaged and controlled by it to perform any activities under this Agreement (“Supplier Providers”) and shall have in place at all times robust procedures which enable the reporting reporting, by Supplier PersonnelSubcontractor Personnel and beneficiaries, Supplier Providers and beneficiaries of any such Serious Misconduct, illegal acts and/or failures by the Supplier Subcontractor or Supplier Subcontractor Personnel to investigate such reports.
50.3 . The Supplier Subcontractor shall take all Reasonable Measures to ensure that the Supplier Subcontractor Personnel and Supplier Providers do not engage in sexual activity with any person under the age of 18, regardless of the local age of majority or age of consent or any mistaken belief held by the Supplier Personnel or Supplier Provider as to the age of the person. Furthermore, the Supplier Sexual Abuse and shall ensure that the Supplier Subcontractor Personnel and Supplier Providers do not engage in ‘transactional sex’ which shall include but not be limited to the exchange of money, employment, goods, or services for sex and such reference to sex shall include sexual favours or any form of humiliating, degrading or exploitative behavior behaviour on the part of the Supplier Personnel and the Supplier ProvidersSubcontractor Personnel. For the avoidance of doubt, such ‘transactional sex’ shall be deemed to be Serious Misconduct in accordance with Clause 50.1.
50.4 31.3. The Supplier Subcontractor shall promptly report in writing any complaints, concerns and incidents regarding Serious Misconduct or any attempted or threatened Serious Misconduct by the Supplier Subcontractor Personnel and Supplier Providers to DFIDSightsavers, who in turn shall (where appropriate) report to DFID (including DFID’s Counter Fraud Section at xxxxxxxxxxxxxxxxx@xxxx.xxx.xx or +00 (0)0000 0) 0000 000000), and where necessary, the Appropriate Authorities.
50.5 . The Supplier Subcontractor shall fully investigate and document all cases or potential cases of Serious Misconduct and shall take appropriate corrective action to reduce the risk and/or eliminate Serious Misconduct being committed by the Supplier Subcontractor Personnel and Supplier Providers (which may include disciplinary action, termination of contracts etc.), such investigations and actions to be reported to DFID Sightsavers as soon as is reasonably practicable
50.6 practicable (during, as well as at the end of such investigations/actions). The Supplier Subcontractor shall not engage as Supplier Subcontractor Personnel or Supplier Provider for the purposes of the Services any person whose previous record or conduct known to the Supplier Subcontractor (or reasonably ought to be known by a diligent supplier which undertakes the appropriate checks) indicates that they are likely to be unsuitable to perform the Services and/or where they represent an increased and unacceptable risk of committing Serious Misconduct.
50.7 . The Supplier Subcontractor shall comply with all applicable laws, legislation, codes of practice and government guidance in the UK and additionally, in the territories where the Services are being performed, relevant to safeguarding and protection of children and vulnerable adultsadults at risk, which the Supplier Subcontractor acknowledges may include vetting of the Supplier Subcontractor Personnel by the UK Disclosure and Barring Service in respect of any regulated activity performed by the Supplier Subcontractor Personnel (as defined by the Safeguarding Vulnerable Groups Act 2006 (as amended)) and/or vetting by a local equivalent service. Where Sightsavers and/or DFID reasonably believes believe that there is an increased risk to safeguarding in the performance of the Services, the Supplier Subcontractor shall comply with any reasonable request by Sightsavers and/or DFID for additional vetting to be undertaken.
50.8 . Failure by the Supplier Subcontractor to:
50.8.1 : put in place preventative measures to eliminate and/or reduce the risk of Serious Misconduct; or
50.8.2 or fully investigate allegations of Serious Misconduct; or
50.8.3 or report any complaints to DFID Sightsavers and where appropriate, the relevant authorities (including law enforcement)) shall be a material Default of this Agreement and shall entitle Sightsavers to terminate this Agreement with immediate effect.
Appears in 1 contract
Samples: Subcontractor Services Agreement
Safeguarding. 50.1 For the purposes of this Clause 50, “Reasonable Measures” shall mean: all reasonable endeavours expected to be taken by a professional and prudent supplier in the Supplier’s industry to eliminate or minimise risk of actual, attempted or threatened exploitation, abuse and harassment (including Sexual Abuse, Sexual Exploitation and Sexual Harassment) and whether or not such conduct would amount to a criminal offence in the United Kingdom or an offence under the laws of the territory in which it takes place (together “Serious Misconduct”) as is reasonable and proportionate under the circumstances. Such endeavours may include (but shall not be limited to):
(a) clear and detailed policies and guidance for Supplier Personnel, Supplier Providers and where appropriate, beneficiaries;
(b) developing, implementing and maintaining a safeguarding plan throughout the term (including monitoring);
(c) provision of regular training to Supplier Personnel, Supplier Providers and where appropriate, beneficiaries
(d) clear reporting lines and whistleblowing policies in place for Supplier Personnel, Supplier Providers and beneficiaries,
(e) maintaining detailed records of any allegations of Serious Misconduct and regular reporting to DFID and the Appropriate Authorities (where relevant) of any such incidents;
(f) any other Good Industry Practice measures (including any innovative solutions),
50.2 The Supplier shall take all Reasonable Measures to prevent Serious Misconduct by the Supplier Personnel or any other persons engaged and controlled by it to perform any activities under this Agreement (“Supplier Providers”) and shall have in place at all times robust procedures which enable the reporting by Supplier Personnel, Supplier Providers and beneficiaries of any such Serious Misconduct, illegal acts and/or failures by the Supplier or Supplier Personnel to investigate such reports.
50.3 The Supplier shall take all Reasonable Measures to ensure that the Supplier Personnel and Supplier Providers do not engage in sexual activity with any person under the age of 18, regardless of the local age of majority or age of consent or any mistaken belief held by the Supplier Personnel or Supplier Provider as to the age of the person. Furthermore, the Supplier shall ensure that the Supplier Personnel and Supplier Providers do not engage in ‘transactional sex’ which shall include but not be limited to the exchange of money, employment, goods, or services for sex and such reference to sex shall include sexual favours or any form of humiliating, degrading or exploitative behavior on the part of the Supplier Personnel and the Supplier Providers. For the avoidance of doubt, such ‘transactional sex’ shall be deemed to be Serious Misconduct in accordance with Clause 50.1.
50.4 The Supplier shall promptly report in writing any complaints, concerns and incidents regarding Serious Misconduct or any attempted or threatened Serious Misconduct by the Supplier Personnel and Supplier Providers to DFID, including DFID’s Counter Fraud Section at xxxxxxxxxxxxxxxxx@xxxx.xxx.xx or +00 (0)0000 000000, and where necessary, the Appropriate Authorities.
50.5 The Supplier shall fully investigate and document all cases or potential cases of Serious Misconduct and shall take appropriate corrective action to reduce the risk and/or eliminate Serious Misconduct being committed by the Supplier Personnel and Supplier Providers (which may include disciplinary action, termination of contracts etc.), such investigations and actions to be reported to DFID as soon as is reasonably practicable
50.6 The Supplier shall not engage as Supplier Personnel or Supplier Provider for the purposes of the Services any person whose previous record or conduct known to the Supplier (or reasonably ought to be known by a diligent supplier which undertakes the appropriate checks) indicates that they are unsuitable to perform the Services and/or where they represent an increased and unacceptable risk of committing Serious Misconduct.
50.7 The Supplier shall comply with all applicable laws, legislation, codes of practice and government guidance in the UK and additionally, in the territories where the Services are being performed, relevant to safeguarding and protection of children and vulnerable adults, which the Supplier acknowledges may include vetting of the Supplier Personnel by the UK Disclosure and Barring Service in respect of any regulated activity performed by the Supplier Personnel (as defined by the Safeguarding Vulnerable Groups Act 2006 (as amended)) and/or vetting by a local equivalent service. Where DFID reasonably believes that there is an increased risk to safeguarding in the performance of the Services, the Supplier shall comply with any reasonable request by DFID for additional vetting to be undertaken.
50.8 Failure by the Supplier to:
50.8.1 put in place preventative measures to eliminate and/or reduce the risk of Serious Misconduct; or
50.8.2 fully investigate allegations of Serious Misconduct; or
50.8.3 report any complaints to DFID and where appropriate, the relevant authorities (including law enforcement)) shall be a material Default of this Contract and shall entitle DFID to terminate this Contract with immediate effect.
Appears in 1 contract
Samples: Supplier Services Agreement
Safeguarding. 50.1 24.1 For the purposes of this Clause 50article 24, “Reasonable Measures” shall mean: all reasonable endeavours expected to be taken by a professional and prudent supplier contractor in the SupplierContractor’s industry to eliminate or minimise risk of actual, attempted or threatened exploitation, abuse and harassment (including Sexual Abuse, Sexual Exploitation and Sexual Harassment) and whether or not such conduct would amount to a criminal offence in the United Kingdom or an offence under the laws of the territory in which it takes place (together “Serious Misconduct”) as is reasonable and proportionate under the circumstances. Such endeavours may include (but shall not be limited to):
(a) ): clear and detailed policies and guidance for Supplier Contractor Personnel, Supplier Service Providers and where appropriate, beneficiaries;
(b) ; developing, implementing and maintaining a safeguarding plan throughout the term (including monitoring);
(c) ; provision of regular training to Supplier Contractor Personnel, Supplier Service Providers and where appropriate, beneficiaries
(d) ; clear reporting lines and whistleblowing policies in place for Supplier Contractor Personnel, Supplier Service Providers and beneficiaries,
(e) ; maintaining detailed records of any allegations of Serious Misconduct and regular reporting to DFID the Contracting Authority and the Appropriate Authorities (where relevant) of any such incidents;
(f) ; any other Good Industry Practice measures (including any innovative solutions),
50.2 24.2 The Supplier Contractor shall take all Reasonable Measures to prevent Serious Misconduct by the Supplier Contractor Personnel or any other persons engaged and controlled by it to perform any activities under this Agreement (“Supplier Service Providers”) and shall have in place at all times robust procedures which enable the reporting by Supplier Contractor Personnel, Supplier Service Providers and beneficiaries of any such Serious Misconduct, illegal acts and/or failures by the Supplier Contractor or Supplier Contractor Personnel to investigate such reports.
50.3 24.3 The Supplier Contractor shall take all Reasonable Measures to ensure that the Supplier Contractor Personnel and Supplier Service Providers do not engage in sexual activity with any person under the age of 18, regardless of the local age of majority or age of consent or any mistaken belief held by the Supplier Contractor Personnel or Supplier Service Provider as to the age of the person. Furthermore, the Supplier Contractor shall ensure that the Supplier Contractor Personnel and Supplier Service Providers do not engage in ‘transactional sex’ which shall include but not be limited to the exchange of money, employment, goods, or services for sex and such reference to sex shall include sexual favours or any form of humiliating, degrading or exploitative behavior behaviour on the part of the Supplier Contractor Personnel and the Supplier Service Providers. For the avoidance of doubt, such ‘transactional sex’ shall be deemed to be Serious Misconduct in accordance with Clause 50.1article 24.1.
50.4 24.4 The Supplier Contractor shall promptly report in writing any complaints, concerns and incidents regarding Serious Misconduct or any attempted or threatened Serious Misconduct by the Supplier Contractor Personnel and Supplier Service Providers to DFID, including DFID’s Counter Fraud Section at xxxxxxxxxxxxxxxxx@xxxx.xxx.xx or +00 (0)0000 000000the Contracting Authority, and where necessary, the Appropriate Authorities.
50.5 24.5 The Supplier Contractor shall fully investigate and document all cases or potential cases of Serious Misconduct and shall take appropriate corrective action to reduce the risk and/or eliminate Serious Misconduct being committed by the Supplier Contractor Personnel and Supplier Service Providers (which may include disciplinary action, termination of contracts etc.), such investigations and actions to be reported to DFID the Contracting Authority as soon as is reasonably practicable.
50.6 24.6 The Supplier Contractor shall not engage as Supplier Contractor Personnel or Supplier Service Provider for the purposes of the Services any person whose previous record or conduct known to the Supplier Contractor (or reasonably ought to be known by a diligent supplier contractor which undertakes the appropriate checks) indicates that they are unsuitable to perform the Services and/or where they represent an increased and unacceptable risk of committing Serious Misconduct.
50.7 24.7 The Supplier Contractor shall comply with all applicable laws, legislation, codes of practice and government guidance in the UK and additionally, in the territories where the Services are being performed, relevant to safeguarding and protection of children and vulnerable adults, which the Supplier Contractor acknowledges may include vetting of the Supplier Contractor Personnel by the UK Disclosure and Barring Service in respect of any regulated activity performed by the Supplier Contractor Personnel (as defined by the Safeguarding Vulnerable Groups Act 2006 (as amended)) and/or vetting by a local equivalent service. Where DFID the Contracting Authority reasonably believes that there is an increased risk to safeguarding in the performance of the Services, the Supplier Contractor shall comply with any reasonable request by DFID the Contracting Authority for additional vetting to be undertaken.
50.8 24.8 Failure by the Supplier Contractor to:
50.8.1 put 24.8.1 Put in place preventative measures to eliminate and/or reduce the risk of Serious Misconduct; or
50.8.2 fully 24.8.2 Fully investigate allegations of Serious Misconduct; or
50.8.3 report 24.8.3 Report any complaints to DFID the Contracting Authority and where appropriate, the relevant authorities (including law enforcement)Shall be a material Default of this Contract and shall entitle the Contracting Authority to terminate this Contract with immediate effect.
Appears in 1 contract
Samples: Supply Contract
Safeguarding. 50.1 23.1 For the purposes of this Clause 50article 23, “Reasonable Measures” shall mean: all reasonable endeavours expected to be taken by a professional and prudent supplier contractor in the SupplierContractor’s industry to eliminate or minimise risk of actual, attempted or threatened exploitation, abuse and harassment (including Sexual Abuse, Sexual Exploitation and Sexual Harassment) and whether or not such conduct would amount to a criminal offence in the United Kingdom or an offence under the laws of the territory in which it takes place (together “Serious Misconduct”) as is reasonable and proportionate under the circumstances. Such endeavours may include (but shall not be limited to):
(a) ): clear and detailed policies and guidance for Supplier Contractor Personnel, Supplier Service Providers and where appropriate, beneficiaries;
(b) ; developing, implementing and maintaining a safeguarding plan throughout the term (including monitoring);
(c) ; provision of regular training to Supplier Contractor Personnel, Supplier Service Providers and where appropriate, beneficiaries
(d) ; clear reporting lines and whistleblowing policies in place for Supplier Contractor Personnel, Supplier Service Providers and beneficiaries,
(e) ; maintaining detailed records of any allegations of Serious Misconduct and regular reporting to DFID the Contracting Authority and the Appropriate Authorities (where relevant) of any such incidents;
(f) ; any other Good Industry Practice measures (including any innovative solutions),
50.2 23.2 The Supplier Contractor shall take all Reasonable Measures to prevent Serious Misconduct by the Supplier Contractor Personnel or any other persons engaged and controlled by it to perform any activities under this Agreement (“Supplier Service Providers”) and shall have in place at all times robust procedures which enable the reporting by Supplier Contractor Personnel, Supplier Service Providers and beneficiaries of any such Serious Misconduct, illegal acts and/or failures by the Supplier Contractor or Supplier Contractor Personnel to investigate such reports.
50.3 23.3 The Supplier Contractor shall take all Reasonable Measures to ensure that the Supplier Contractor Personnel and Supplier Service Providers do not engage in sexual activity with any person under the age of 18, regardless of the local age of majority or age of consent or any mistaken belief held by the Supplier Contractor Personnel or Supplier Service Provider as to the age of the person. Furthermore, the Supplier Contractor shall ensure that the Supplier Contractor Personnel and Supplier Service Providers do not engage in ‘transactional sex’ which shall include but not be limited to the exchange of money, employment, goods, or services for sex and such reference to sex shall include sexual favours or any form of humiliating, degrading or exploitative behavior behaviour on the part of the Supplier Contractor Personnel and the Supplier Service Providers. For the avoidance of doubt, such ‘transactional sex’ shall be deemed to be Serious Misconduct in accordance with Clause 50.1article 24.1.
50.4 23.4 The Supplier Contractor shall promptly report in writing any complaints, concerns and incidents regarding Serious Misconduct or any attempted or threatened Serious Misconduct by the Supplier Contractor Personnel and Supplier Service Providers to DFID, including DFID’s Counter Fraud Section at xxxxxxxxxxxxxxxxx@xxxx.xxx.xx or +00 (0)0000 000000the Contracting Authority, and where necessary, the Appropriate Authorities.
50.5 23.5 The Supplier Contractor shall fully investigate and document all cases or potential cases of Serious Misconduct and shall take appropriate corrective action to reduce the risk and/or eliminate Serious Misconduct being committed by the Supplier Contractor Personnel and Supplier Service Providers (which may include disciplinary action, termination of contracts etc.), such investigations and actions to be reported to DFID the Contracting Authority as soon as is reasonably practicable.
50.6 23.6 The Supplier Contractor shall not engage as Supplier Contractor Personnel or Supplier Service Provider for the purposes of the Services any person whose previous record or conduct known to the Supplier Contractor (or reasonably ought to be known by a diligent supplier contractor which undertakes the appropriate checks) indicates that they are unsuitable to perform the Services and/or where they represent an increased and unacceptable risk of committing Serious Misconduct.
50.7 23.7 The Supplier Contractor shall comply with all applicable laws, legislation, codes of practice and government guidance in the UK and additionally, in the territories where the Services are being performed, relevant to safeguarding and protection of children and vulnerable adults, which the Supplier Contractor acknowledges may include vetting of the Supplier Contractor Personnel by the UK Disclosure and Barring Service in respect of any regulated activity performed by the Supplier Contractor Personnel (as defined by the Safeguarding Vulnerable Groups Act 2006 (as amended)) and/or vetting by a local equivalent service. Where DFID the Contracting Authority reasonably believes that there is an increased risk to safeguarding in the performance of the Services, the Supplier Contractor shall comply with any reasonable request by DFID the Contracting Authority for additional vetting to be undertaken.
50.8 23.8 Failure by the Supplier Contractor to:
50.8.1 put 23.8.1 Put in place preventative measures to eliminate and/or reduce the risk of Serious Misconduct; or
50.8.2 fully 23.8.2 Fully investigate allegations of Serious Misconduct; or
50.8.3 report 23.8.3 Report any complaints to DFID the Contracting Authority and where appropriate, the relevant authorities (including law enforcement)Shall be a material Default of this Contract and shall entitle the Contracting Authority to terminate this Contract with immediate effect.
Appears in 1 contract
Samples: Service Contract
Safeguarding. 50.1 31.1 The Subcontractor shall (and the Subcontractor shall procure that its Subcontractor Personnel does) at all times comply with the Sightsavers’ Safeguarding Policy, receipt of a copy of which the Subcontractor hereby acknowledges. If and to the extent that the Subcontractor’s own safeguarding policy is confirmed in writing by Sightsavers to comply with the Sightsavers Safeguarding Policy, the Subcontractor shall (and the Subcontractor shall procure that its Subcontractor Personnel does) comply with the Subcontractor’s own safeguarding policy.
31.2 For the purposes of this Clause 5031, “"Reasonable Measures” " shall mean: :
31.3 all reasonable endeavours expected to be taken by a professional and prudent supplier in the SupplierSubcontractor’s industry to eliminate or minimise risk of actual, attempted or threatened exploitation, abuse and harassment (including Sexual Abuse, Sexual Exploitation and Sexual Harassment) and whether or not such conduct would could amount to a criminal offence in the United Kingdom or an offence under the laws of the territory in which it takes place (together “"Serious Misconduct”") as is reasonable and proportionate under the circumstances. Such endeavours may include (but shall not be limited to):
(a) clear and detailed policies and guidance for Supplier Personnel, Supplier Providers Subcontractor Personnel and where appropriate, beneficiaries;
(b) developing, implementing and maintaining and, throughout the Term maintaining, a safeguarding plan throughout the term (including monitoring);
(c) provision of regular training to Supplier Personnel, Supplier Providers Subcontractor Personnel and where appropriate, beneficiaries;
(d) clear reporting lines and whistleblowing policies in place for Supplier the Subcontractor Personnel, Supplier Providers Subcontractor providers and beneficiaries,;
(e) maintaining detailed records of any allegations of Serious Misconduct and regular reporting to DFID Sightsavers and the Appropriate Authorities (where relevant) of any such incidents;
(f) any other Good Industry Practice measures in relation to safeguarding (including any innovative solutions),
50.2 31.4 The Supplier Subcontractor shall take all Reasonable Measures to prevent Serious Misconduct by the Supplier Subcontractor Personnel or any other persons engaged and controlled by it to perform any activities under this Agreement (“Supplier Providers”) and shall have in place at all times robust procedures which enable the reporting reporting, by Supplier PersonnelSubcontractor Personnel and beneficiaries, Supplier Providers and beneficiaries of any such Serious Misconduct, illegal acts and/or failures by the Supplier Subcontractor or Supplier Subcontractor Personnel to investigate such reports.
50.3 31.5 The Supplier Subcontractor shall take all Reasonable Measures to ensure that the Supplier Subcontractor Personnel and Supplier Providers do not engage in sexual activity with any person under the age of 18, regardless of the local age of majority or age of consent or any mistaken belief held by the Supplier Personnel or Supplier Provider as to the age of the person. Furthermore, the Supplier Sexual Abuse and shall ensure that the Supplier Subcontractor Personnel and Supplier Providers do not engage in ‘transactional sex’ which shall include but not be limited to the exchange of money, employment, goods, or services for sex and such reference to sex shall include sexual favours or any form of humiliating, degrading or exploitative behavior behaviour on the part of the Supplier Personnel and the Supplier ProvidersSubcontractor Personnel. For the avoidance of doubt, such ‘transactional sex’ shall be deemed to be Serious Misconduct in accordance with Clause 50.131.3.
50.4 31.6 The Supplier Subcontractor shall promptly report in writing any complaints, concerns and incidents regarding Serious Misconduct or any attempted or threatened Serious Misconduct by the Supplier Subcontractor Personnel and Supplier Providers to DFIDSightsavers, who in turn shall (where appropriate) report to DFID (including DFID’s Counter Fraud Section at xxxxxxxxxxxxxxxxx@xxxx.xxx.xx or +00 (0)0000 0) 0000 000000), and where necessary, the Appropriate Authorities.
50.5 31.7 The Supplier Subcontractor shall fully investigate and document all cases or potential cases of Serious Misconduct and shall take appropriate corrective action to reduce the risk and/or eliminate Serious Misconduct being committed by the Supplier Subcontractor Personnel and Supplier Providers (which may include disciplinary action, termination of contracts etc.), such investigations and actions to be reported to DFID Sightsavers as soon as is reasonably practicablepracticable (during, as well as at the end of such investigations/actions).
50.6 31.8 The Supplier Subcontractor shall not engage as Supplier Subcontractor Personnel or Supplier Provider for the purposes of the Services any person whose previous record or conduct known to the Supplier Subcontractor (or reasonably ought to be known by a diligent supplier which undertakes the appropriate checks) indicates that they are likely to be unsuitable to perform the Services and/or where they represent an increased and unacceptable risk of committing Serious Misconduct.
50.7 31.9 The Supplier Subcontractor shall comply with all applicable laws, legislation, codes of practice and government guidance in the UK and additionally, in the territories where the Services are being performed, relevant to safeguarding and protection of children and vulnerable adultsadults at risk, which the Supplier Subcontractor acknowledges may include vetting of the Supplier Subcontractor Personnel by the UK Disclosure and Barring Service in respect of any regulated activity performed by the Supplier Subcontractor Personnel (as defined by the Safeguarding Vulnerable Groups Act 2006 (as amended)) and/or vetting by a local equivalent service. Where Sightsavers and/or DFID reasonably believes believe that there is an increased risk to safeguarding in the performance of the Services, the Supplier Subcontractor shall comply with any reasonable request by Sightsavers and/or DFID for additional vetting to be undertaken.
50.8 31.10 Failure by the Supplier Subcontractor to:
50.8.1 (a) put in place preventative measures to eliminate and/or reduce the risk of Serious Misconduct; or
50.8.2 (b) fully investigate allegations of Serious Misconduct; or
50.8.3 (c) report any complaints to DFID Sightsavers and where appropriate, the relevant authorities (including law enforcement)) 31.11 shall be a material Default of this Agreement and shall entitle Sightsavers to terminate this Agreement with immediate effect.
Appears in 1 contract
Samples: Subcontractor Services Agreement
Safeguarding. 50.1 23.1 For the purposes of this Clause 50article 23, “Reasonable Measures” shall mean: all reasonable endeavours expected to be taken by a professional and prudent supplier contractor in the SupplierContractor’s industry to eliminate or minimise risk of actual, attempted or threatened exploitation, abuse and harassment (including Sexual Abuse, Sexual Exploitation and Sexual Harassment) and whether or not such conduct would amount to a criminal offence in the United Kingdom or an offence under the laws of the territory in which it takes place (together “Serious Misconduct”) as is reasonable and proportionate under the circumstances. Such endeavours may include (but shall not be limited to):
(a) clear and detailed policies and guidance for Supplier Contractor Personnel, Supplier Service Providers and where appropriate, beneficiaries;
(b) developing, implementing and maintaining a safeguarding plan throughout the term (including monitoring);
(c) provision of regular training to Supplier Contractor Personnel, Supplier Service Providers and where appropriate, beneficiaries;
(d) clear reporting lines and whistleblowing policies in place for Supplier Contractor Personnel, Supplier Service Providers and beneficiaries,;
(e) maintaining detailed records of any allegations of Serious Misconduct and regular reporting to DFID the Contracting Authority and the Appropriate Authorities (where relevant) of any such incidents;
(f) any other Good Industry Practice measures (including any innovative solutions),
50.2 23.2 The Supplier Contractor shall take all Reasonable Measures to prevent Serious Misconduct by the Supplier Contractor Personnel or any other persons engaged and controlled by it to perform any activities under this Agreement (“Supplier Service Providers”) and shall have in place at all times robust procedures which enable the reporting by Supplier Contractor Personnel, Supplier Service Providers and beneficiaries of any such Serious Misconduct, illegal acts and/or failures by the Supplier Contractor or Supplier Contractor Personnel to investigate such reports.
50.3 23.3 The Supplier Contractor shall take all Reasonable Measures to ensure that the Supplier Contractor Personnel and Supplier Service Providers do not engage in sexual activity with any person under the age of 18, regardless of the local age of majority or age of consent or any mistaken belief held by the Supplier Contractor Personnel or Supplier Service Provider as to the age of the person. Furthermore, the Supplier Contractor shall ensure that the Supplier Contractor Personnel and Supplier Service Providers do not engage in ‘transactional sex’ which shall include but not be limited to the exchange of money, employment, goods, or services for sex and such reference to sex shall include sexual favours or any form of humiliating, degrading or exploitative behavior behaviour on the part of the Supplier Contractor Personnel and the Supplier Service Providers. For the avoidance of doubt, such ‘transactional sex’ shall be deemed to be Serious Misconduct in accordance with Clause 50.1article 24.1.
50.4 23.4 The Supplier Contractor shall promptly report in writing any complaints, concerns and incidents regarding Serious Misconduct or any attempted or threatened Serious Misconduct by the Supplier Contractor Personnel and Supplier Service Providers to DFID, including DFID’s Counter Fraud Section at xxxxxxxxxxxxxxxxx@xxxx.xxx.xx or +00 (0)0000 000000the Contracting Authority, and where necessary, the Appropriate Authorities.
50.5 23.5 The Supplier Contractor shall fully investigate and document all cases or potential cases of Serious Misconduct and shall take appropriate corrective action to reduce the risk and/or eliminate Serious Misconduct being committed by the Supplier Contractor Personnel and Supplier Service Providers (which may include disciplinary action, termination of contracts etc.), such investigations and actions to be reported to DFID the Contracting Authority as soon as is reasonably practicable.
50.6 23.6 The Supplier Contractor shall not engage as Supplier Contractor Personnel or Supplier Service Provider for the purposes of the Services any person whose previous record or conduct known to the Supplier Contractor (or reasonably ought to be known by a diligent supplier contractor which undertakes the appropriate checks) indicates that they are unsuitable to perform the Services and/or where they represent an increased and unacceptable risk of committing Serious Misconduct.
50.7 23.7 The Supplier Contractor shall comply with all applicable laws, legislation, codes of practice and government guidance in the UK and additionally, in the territories where the Services are being performed, relevant to safeguarding and protection of children and vulnerable adults, which the Supplier Contractor acknowledges may include vetting of the Supplier Contractor Personnel by the UK Disclosure and Barring Service in respect of any regulated activity performed by the Supplier Contractor Personnel (as defined by the Safeguarding Vulnerable Groups Act 2006 (as amended)) and/or vetting by a local equivalent service. Where DFID the Contracting Authority reasonably believes that there is an increased risk to safeguarding in the performance of the Services, the Supplier Contractor shall comply with any reasonable request by DFID the Contracting Authority for additional vetting to be undertaken.
50.8 23.8 Failure by the Supplier Contractor to:
50.8.1 put 23.8.1 Put in place preventative measures to eliminate and/or reduce the risk of Serious Misconduct; or
50.8.2 fully 23.8.2 Fully investigate allegations of Serious Misconduct; or
50.8.3 report 23.8.3 Report any complaints to DFID the Contracting Authority and where appropriate, the relevant authorities (including law enforcement)Shall be a material Default of this Contract and shall entitle the Contracting Authority to terminate this Contract with immediate effect.
Appears in 1 contract
Samples: Service Contract
Safeguarding. 50.1 For the purposes of this Clause 50The Contractor shall, “Reasonable Measures” and shall mean: procure that each Collaborator shall, take all reasonable endeavours expected steps to be taken by a professional comply with the “NIHR Policy on Preventing Harm in Research” and prudent supplier in the Supplier’s industry “Safeguarding Guidance” as published from time-to-time including but not limited to: taking all reasonable steps to eliminate or minimise risk of prevent actual, attempted or threatened exploitation, abuse and harassment (including Sexual Abuse, Sexual Exploitation and Sexual Harassment) and whether or not such conduct would amount to a criminal offence in the United Kingdom or an offence under the laws of the territory in which it takes place (together “Serious Misconduct”) as is reasonable and proportionate under the circumstances. Such endeavours may include (but shall not be limited to):
(a) clear and detailed policies and guidance for Supplier Personnel, Supplier Providers and where appropriate, beneficiaries;
(b) developing, implementing and maintaining a safeguarding plan throughout the term (including monitoring);
(c) provision of regular training to Supplier Personnel, Supplier Providers and where appropriate, beneficiaries
(d) clear reporting lines and whistleblowing policies in place for Supplier Personnel, Supplier Providers and beneficiaries,
(e) maintaining detailed records of any allegations of Serious Misconduct and regular reporting to DFID and the Appropriate Authorities (where relevant) of any such incidents;
(f) any other Good Industry Practice measures (including any innovative solutions),
50.2 The Supplier shall take all Reasonable Measures to prevent Serious Misconduct by the Supplier Personnel its employees or any other persons engaged and controlled by it to perform any activities under this Agreement (“Supplier Providers”) Contract; and shall have in place at all times adopting robust safeguarding and whistleblowing policies and procedures which enable to promote and support the reporting and investigation of suspected misconduct, illegal acts, Serious Misconduct or failures to investigate any such matter; and providing regular training as appropriate to Key Staff, Collaborators and any other persons engaged and controlled by Supplier Personnel, Supplier Providers and beneficiaries it to perform any activities under this Contract. The Contractor shall: maintain detailed records of any such allegation of Serious MisconductMisconduct relating to the performance of any activities under this Contract; report any complaints or concerns regarding possible Serious Misconduct relating to the performance of any activities under this Contract to the relevant authorities (including the Authority and local law enforcement or other agencies) the Authority’s Representative and the Authority at XXXxxxxxxxxxxxxxxxxxxxx@xxxx.xxx.xx; and take all reasonable steps to ensure that individuals are enabled to report concerns and complaints of any Serious Misconduct through supportive, illegal acts and/or failures by the Supplier or Supplier Personnel to investigate such reports.
50.3 confidential and accountable mechanisms. The Supplier Contractor shall take all Reasonable Measures reasonable steps to ensure that the Supplier Personnel and Supplier Providers do not engage in sexual activity with any person under the age of 18, regardless of the local age of majority investigate allegations or age of consent or any mistaken belief held by the Supplier Personnel or Supplier Provider as to the age of the person. Furthermore, the Supplier shall ensure that the Supplier Personnel and Supplier Providers do not engage in ‘transactional sex’ which shall include but not be limited to the exchange of money, employment, goods, or services for sex and such reference to sex shall include sexual favours or any form of humiliating, degrading or exploitative behavior on the part of the Supplier Personnel and the Supplier Providers. For the avoidance of doubt, such ‘transactional sex’ shall be deemed to be Serious Misconduct in accordance with Clause 50.1.
50.4 The Supplier shall promptly report in writing any complaints, concerns and incidents regarding Serious Misconduct or any attempted or threatened Serious Misconduct by the Supplier Personnel and Supplier Providers to DFID, including DFID’s Counter Fraud Section at xxxxxxxxxxxxxxxxx@xxxx.xxx.xx or +00 (0)0000 000000, and where necessary, the Appropriate Authorities.
50.5 The Supplier shall fully investigate and document all cases or potential cases suspicions of Serious Misconduct and shall take appropriate corrective action to reduce the risk and/or eliminate Serious Misconduct being committed by the Supplier Personnel and Supplier Providers (which may include action, including disciplinary action, termination against individuals. The Contractor shall, and shall use reasonable efforts to ensure that each Collaborator, sub-contractor or any other person involved in the performance of contracts etc.), such investigations and actions to be reported to DFID as soon as is reasonably practicable
50.6 The Supplier shall not engage as Supplier Personnel or Supplier Provider for the purposes of the Services any person whose previous record or conduct known to the Supplier (or reasonably ought to be known by a diligent supplier which undertakes the appropriate checks) indicates that they are unsuitable to perform the Services and/or where they represent an increased and unacceptable risk of committing Serious Misconduct.
50.7 The Supplier activities under this Contract shall comply with all applicable laws, legislation, codes of practice and government guidance in the UK and additionally, in the territories where the Services are being performed, relevant Applicable Laws relating to safeguarding and the protection of children and vulnerable adults, which adults including but not limited to the Supplier acknowledges may include vetting of the Supplier Personnel by personnel working closely with children and vulnerable adults in accordance with the UK Disclosure and Barring Service in respect of any regulated activity performed by the Supplier Personnel (as defined by the Safeguarding Vulnerable Groups Act 2006 (as amended)) and/or vetting by a local equivalent service. Where DFID the Authority reasonably believes that there is an increased risk to safeguarding in the performance of the Servicessafeguarding, the Supplier Contractor shall comply with any reasonable request by DFID the Authority for additional vetting to be undertaken.
50.8 Failure undertaken or processes or measures to be put in place. Within [six (6)] months of signature of this Contract and again within [six (6)] months of expiry or earlier termination of this Contract, certify to the Authority in writing signed by an officer of the Contractor, compliance with this Clause 16 by the Supplier to:
50.8.1 put Contractor and all Collaborators and other persons performing activities under this Contract. The Contractor shall provide such supporting evidence of compliance as the Authority may reasonably request. Independent contractors: The Parties are independent contractors and are not partners, principal and agent or employer and employee and this Agreement does not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in place preventative measures it. None of the Parties shall have, nor shall represent that they have, any authority to eliminate and/or reduce make any commitments on the risk other Party’s behalf. Third Parties: No person who is not a party to this Agreement is intended to receive a benefit under or have the right to enforce any terms of Serious Misconduct; or
50.8.2 fully investigate allegations this Agreement whether pursuant to the Contracts (Rights of Serious Misconduct; or
50.8.3 report any complaints to DFID and where appropriateThird Parties) Act 1999 or otherwise save that (in accordance with clause 2.2, the relevant authorities (including law enforcement)Authority is intended to and may enforce any right or benefit that it enjoys under this Agreement as against any Collaborator.
Appears in 1 contract
Samples: Funding Agreement
Safeguarding. 50.1 29.1. For the purposes of this Clause 5029, “Reasonable Measures” shall mean: “all reasonable endeavours expected to be taken by a professional and prudent supplier in the SupplierSubcontractor’s industry to eliminate or minimise risk of actual, attempted or threatened exploitation, abuse and harassment (including Sexual Abuse, Sexual Exploitation and Sexual Harassment) and whether or not such conduct would amount to a criminal offence in the United Kingdom or an offence under the laws of the territory in which it takes place (together “Serious Misconduct”) as is reasonable and proportionate under the circumstances. Such endeavours may include (but shall not be limited to):
(a) 29.1.1. clear and detailed policies and guidance for Supplier Subcontractor Personnel, Supplier Providers and where appropriate, beneficiaries;
(b) 29.1.2. developing, implementing and maintaining a safeguarding plan throughout the term (including monitoring);
(c) 29.1.3. provision of regular training to Supplier Subcontractor Personnel, Supplier Providers and where appropriate, beneficiaries;
(d) 29.1.4. clear reporting lines and whistleblowing policies in place for Supplier Subcontractor Personnel, Supplier Providers and beneficiaries,;
(e) 29.1.5. maintaining detailed records of any allegations of Serious Misconduct and regular reporting to DFID the Company and the Appropriate Authorities (where relevant) of any such incidents;
(f) 29.1.6. any other Good Industry Practice measures (including any innovative solutions),.”
50.2 29.2. The Supplier Subcontractor shall take all Reasonable Measures to prevent Serious Misconduct by the Supplier Subcontractor Personnel or any other persons engaged and controlled by it to perform any activities under this Agreement (“Supplier Subcontractor Providers”) and shall have in place at all times robust procedures which enable the reporting by Supplier Subcontractor Personnel, Supplier Subcontractor Providers and beneficiaries of any such Serious Misconduct, illegal acts and/or failures by the Supplier Subcontractor or Supplier Subcontractor Personnel to investigate such reports.
50.3 29.3. The Supplier Subcontractor shall take all Reasonable Measures to ensure that the Supplier Subcontractor Personnel and Supplier Subcontractor Providers do not engage in sexual activity with any person under the age of 18, regardless of the local age of majority or age of consent or any mistaken belief held by the Supplier Subcontractor Personnel or Supplier Subcontractor Provider as to the age of the person. Furthermore, the Supplier shall ensure that the Supplier Subcontractor Personnel and Supplier Subcontractor Providers do not engage in ‘transactional sex’ which shall include but not be limited to the exchange of money, employment, goods, or services for sex and such reference to sex shall include sexual favours or any form of humiliating, degrading or exploitative behavior on the part of the Supplier Subcontractor Personnel and the Supplier Subcontractor Providers. For the avoidance of doubt, such ‘transactional sex’ shall be deemed to be Serious Misconduct in accordance with Clause 50.129.1.
50.4 29.4. The Supplier Subcontractor shall promptly report in writing any complaints, concerns and incidents regarding Serious Misconduct or any attempted or threatened Serious Misconduct by the Supplier Subcontractor Personnel and Supplier Subcontractors Providers to the Company and also to DFID, including DFID’s Counter Fraud Section at xxxxxxxxxxxxxxxxx@xxxx.xxx.xx or +00 (0)0000 000000, and where necessary, the Appropriate Authorities.
50.5 29.5. The Supplier Subcontractor shall fully investigate and document all cases or potential cases of Serious Misconduct and shall take appropriate corrective action to reduce the risk and/or eliminate Serious Misconduct being committed by the Supplier Subcontractor Personnel and Supplier Subcontractor Providers (which may include disciplinary action, termination of contracts etc.), such investigations and actions to be reported to the Company and DFID as soon as is reasonably practicable
50.6 29.6. The Supplier Subcontractor shall not engage as Supplier Subcontractor Personnel or Supplier Subcontractor Provider for the purposes of the Services any person whose previous record or conduct known to the Supplier (or reasonably ought to be known by a diligent supplier which undertakes the appropriate checks) indicates that they are unsuitable to perform the Services and/or where they represent an increased and unacceptable risk of committing Serious Misconduct.
50.7 29.7. The Supplier Subcontractor shall comply with all applicable laws, legislation, codes of practice and government guidance in the UK and additionally, in the territories where the Services are being performed, relevant to safeguarding and protection of children and vulnerable adults, which the Supplier Subcontractor acknowledges may include vetting of the Supplier Subcontractor Personnel by the UK Disclosure and Barring Service in respect of any regulated activity performed by the Supplier Subcontractor Personnel (as defined by the Safeguarding Vulnerable Groups Act 2006 (as amended)) and/or vetting by a local equivalent service. Where DFID the Company reasonably believes that there is an increased risk to safeguarding in the performance of the Services, the Supplier Subcontractor shall comply with any reasonable request by DFID the Company for additional vetting to be undertaken.
50.8 29.8. Failure by the Supplier Subcontractor to:
50.8.1 29.8.1. put in place preventative measures to eliminate and/or reduce the risk of Serious Misconduct; or
50.8.2 29.8.2. fully investigate allegations of Serious Misconduct; or
50.8.3 29.8.3. report any complaints to DFID and where appropriate, the relevant authorities (including law enforcement)) shall be a material breach of this Agreement and shall entitle the Company to terminate this Agreement for breach with immediate effect. CONTACT 1 Name: Click here to enter text. Title: Click here to enter text. Email: Click here to enter text. Phone: Click here to enter text. CONTACT 2 Name: Click here to enter text. Title: Click here to enter text. Email: Click here to enter text. Phone: Click here to enter text. CONTACT 3 Name: Click here to enter text. Title: Click here to enter text. Email: Click here to enter text. Phone: Click here to enter text. CONTACT 1 Name: Click here to enter text. Title: Click here to enter text. Email: Click here to enter text. Phone: Click here to enter text. CONTACT 2 Name: Click here to enter text. Title: Click here to enter text. Email: Click here to enter text. Phone: Click here to enter text. CONTACT 3 Name: Click here to enter text. Title: Click here to enter text. Email: Click here to enter text. Phone: Click here to enter text.
Appears in 1 contract
Samples: Subcontractor Agreement
Safeguarding. 50.1 For 18.1 The Parties acknowledge that the purposes of this Clause 50, “Reasonable Measures” shall mean: all reasonable endeavours expected to be taken by Provider is a professional Regulated Activity Provider with ultimate responsibility for the management and prudent supplier in the Supplier’s industry to eliminate or minimise risk of actual, attempted or threatened exploitation, abuse and harassment (including Sexual Abuse, Sexual Exploitation and Sexual Harassment) and whether or not such conduct would amount to a criminal offence in the United Kingdom or an offence under the laws control of the territory in which it takes place (together “Serious Misconduct”) as is reasonable and proportionate under the circumstances. Such endeavours may include (but shall not be limited to):
(a) clear and detailed policies and guidance for Supplier Personnel, Supplier Providers and where appropriate, beneficiaries;
(b) developing, implementing and maintaining a safeguarding plan throughout the term (including monitoring);
(c) provision of regular training to Supplier Personnel, Supplier Providers and where appropriate, beneficiaries
(d) clear reporting lines and whistleblowing policies in place for Supplier Personnel, Supplier Providers and beneficiaries,
(e) maintaining detailed records of any allegations of Serious Misconduct and regular reporting to DFID and the Appropriate Authorities (where relevant) of any such incidents;
(f) any other Good Industry Practice measures (including any innovative solutions),
50.2 The Supplier shall take all Reasonable Measures to prevent Serious Misconduct by the Supplier Personnel or any other persons engaged and controlled by it to perform any activities Regulated Activity provided under this Individual Service Agreement (“Supplier Providers”) and shall have in place at all times robust procedures which enable the reporting by Supplier Personnel, Supplier Providers and beneficiaries of any such Serious Misconduct, illegal acts and/or failures by the Supplier or Supplier Personnel to investigate such reports.
50.3 The Supplier shall take all Reasonable Measures to ensure that the Supplier Personnel and Supplier Providers do not engage in sexual activity with any person under the age of 18, regardless of the local age of majority or age of consent or any mistaken belief held by the Supplier Personnel or Supplier Provider as to the age of the person. Furthermore, the Supplier shall ensure that the Supplier Personnel and Supplier Providers do not engage in ‘transactional sex’ which shall include but not be limited to the exchange of money, employment, goods, or services for sex and such reference to sex shall include sexual favours or any form of humiliating, degrading or exploitative behavior on the part of the Supplier Personnel and the Supplier Providers. For the avoidance of doubt, such ‘transactional sex’ shall be deemed to be Serious Misconduct in accordance with Clause 50.1.
50.4 The Supplier shall promptly report in writing any complaints, concerns and incidents regarding Serious Misconduct or any attempted or threatened Serious Misconduct by the Supplier Personnel and Supplier Providers to DFID, including DFID’s Counter Fraud Section at xxxxxxxxxxxxxxxxx@xxxx.xxx.xx or +00 (0)0000 000000, and where necessary, the Appropriate Authorities.
50.5 The Supplier shall fully investigate and document all cases or potential cases of Serious Misconduct and shall take appropriate corrective action to reduce the risk and/or eliminate Serious Misconduct being committed by the Supplier Personnel and Supplier Providers (which may include disciplinary action, termination of contracts etc.), such investigations and actions to be reported to DFID as soon as is reasonably practicable
50.6 The Supplier shall not engage as Supplier Personnel or Supplier Provider for the purposes of the Services any person whose previous record or conduct known to the Supplier (or reasonably ought to be known by a diligent supplier which undertakes the appropriate checks) indicates that they are unsuitable to perform the Services and/or where they represent an increased and unacceptable risk of committing Serious Misconduct.
50.7 The Supplier shall comply with all applicable laws, legislation, codes of practice and government guidance in the UK and additionally, in the territories where the Services are being performed, relevant to safeguarding and protection of children and vulnerable adults, which the Supplier acknowledges may include vetting of the Supplier Personnel by the UK Disclosure and Barring Service in respect of any regulated activity performed by the Supplier Personnel (as defined by the Safeguarding Vulnerable Groups Act 2006 (as amended)) and/or vetting by a local equivalent service. Where DFID reasonably believes that there is an increased risk to safeguarding in and the performance Protection of the Services, the Supplier Freedoms Act 2012.
18.2 The Provider shall comply with any reasonable request by DFID for additional vetting all statutory / national guidance related to be undertaken.
50.8 Failure by the Supplier safeguarding adults, including but not limited to:
50.8.1 put 18.2.1 Care Quality Commission Regulation 11 of the Health and Social Care Act 2008 (Regulated Activities) 2010;
18.2.2 Care Act 2014;
18.2.3 Equality Act 2010;
18.2.4 Human Rights Act 1998;
18.2.5 Mental Capacity Act 2005; and
18.2.6 Safeguarding Vulnerable Groups 2006 (as amended by the Protection of Freedoms Act 2012).
18.3 The Provider shall designate a lead member of staff with responsibility for safeguarding adults in place preventative measures to eliminate and/or reduce respect of the risk of Serious Misconduct; orServices as set out in the Safeguarding Requirements.
50.8.2 fully investigate allegations of Serious Misconduct; or
50.8.3 report any complaints to DFID and where appropriate18.4 The Provider shall ensure that is has established its own safeguarding policies in accordance with the Law, the relevant authorities (Safeguarding Requirements and local multi-agency policies and shall meet the requirements of the Council in terms of safeguarding audits and monitoring. Where remedial actions are identified by the Council’s Authorised Officer, the Provider shall develop and agree an action plan to deliver these.
18.5 The Provider shall comply with the Mental Capacity Act 2005 and shall:
18.5.1 advise the Council promptly if at any point that it appears that a Service User may require an Independent Mental Capacity Advocate or a Deprivation of Liberty Safeguards authorisation;
18.5.2 provide all reasonable assistance and co-operation to the Independent Mental Capacity Advocate, best interest assessor and mental health assessor appointed in respect of any Service User; and
18.5.3 notify the Council immediately if a Service User may be deprived of their liberty.
18.6 The Provider shall:
18.6.1 ensure that all individuals engaged in the provision of the Services are subject to a valid enhanced disclosure check undertaken through the DBS including law enforcement)a check against the DBS adults' barred list;
18.6.2 monitor the suitability of the level, and validity, of the checks under this Clause 18.6 for each member of Staff; and
18.6.3 ensure compliance with the Safeguarding Requirements in relation to the recruitment and retention of its Staff.
18.7 The Provider warrants that at all times for the purposes of this Individual Service Agreement it has no reason to believe that any person who is or will be employed or engaged by the Provider in the provision of the Services is barred from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006 and the Protection of Freedoms Act 2012 and any regulations made thereunder, as amended from time to time.
Appears in 1 contract
Samples: Individual Service Agreement
Safeguarding. 50.1 For The Provider is a Regulated Activity Provider with ultimate responsibility for the management and control of a Regulated Activity provided under this Agreement and for the purposes of the Safeguarding Vulnerable Groups Xxx 0000. The Provider must have systems and procedures in place to safeguard adults, children and young people from abuse, exploitation and neglect. The Provider shall have internal procedures in place, and ensure its Staff are appropriately trained to respond effectively, efficiently and professionally to safeguarding concerns relating to all Service Users to whom they provide the Services. The Provider shall co-operate with representatives of the Commissioners in any investigation carried out in relation to the Commissioners’ statutory duties and where within scope non- statutory duties including in respect of safeguarding vulnerable adults and children. The Provider must, unless otherwise agreed with the Commissioners in writing (subject to the Law): respond, where applicable, to all requirements and enforcement actions issued from time to time by any Regulatory Body; consider and respond to the recommendations arising from any audit, Investigation or any investigation arising as a result of the death of a Service User. The Provider shall adopt Safeguarding Policies and Procedures and such policies and procedures shall comply with the Sussex Safeguarding Adults Policy and Procedures (currently edition 4), as amended from time to time. All Parties shall work together to ensure that such Safeguarding Policies and Procedures are kept under regular review and updated during the Agreement to the satisfaction of the Commissioners. The Provider shall provide evidence to the Commissioners that it is addressing any safeguarding concerns by no later than five (5) Working Days following a written request of the Commissioners. The Provider shall hold copies of, and ensure that it and its Representatives are familiar with and follow, the Sussex Safeguarding Adults Policy and Procedures, currently edition 4, xxxx://xxxxxxxxxxxxxxxxxxxxxxxx.xxxxxxxxxx.xxx.xx/ produced by the Safeguarding Adults Boards of Brighton & Hove City Council, East Sussex County Council and West Sussex County Council (and any future amended versions of this Clause 50, “Reasonable Measures” shall mean: all reasonable endeavours expected to be taken by a professional and prudent supplier in the Supplier’s industry to eliminate or minimise risk of actual, attempted or threatened exploitation, abuse and harassment (including Sexual Abuse, Sexual Exploitation and Sexual Harassmentpolicy) and whether the Sussex Child Protection and Safeguarding Procedures. A copy of these documents, or not such conduct would amount details on where these documents can be accessed, shall be held by managers in all local offices and the Provider must ensure that all Staff are appropriately trained on, are aware of and follow the policy and procedures, including their responsibility to a criminal offence in report concerns to the United Kingdom or an offence under the laws of the territory in which it takes place (together “Serious Misconduct”) as is reasonable and proportionate under the circumstancesCommissioners respective adults’ and/or children’s services departments. Such endeavours may include (The Provider’s measures to safeguard Services Users shall include, but shall not be limited to):
(a) clear : Robust employment procedures including the taking of references and detailed policies and guidance for Supplier Personnel, Supplier Providers and where appropriate, beneficiaries;
(b) developing, implementing and maintaining a safeguarding plan throughout the term (including monitoring);
(c) provision of regular training to Supplier Personnel, Supplier Providers and where appropriate, beneficiaries
(d) clear reporting lines and whistleblowing policies in place for Supplier Personnel, Supplier Providers and beneficiaries,
(e) maintaining detailed records of any allegations of Serious Misconduct and regular reporting to DFID and the Appropriate Authorities (where relevant) of any such incidents;
(f) any other Good Industry Practice measures (including any innovative solutions),
50.2 The Supplier shall take all Reasonable Measures to prevent Serious Misconduct by the Supplier Personnel or any other persons engaged and controlled by it to perform any activities under this Agreement (“Supplier Providers”) and shall have in place at all times robust procedures which enable the reporting by Supplier Personnel, Supplier Providers and beneficiaries of any such Serious Misconduct, illegal acts and/or failures by the Supplier or Supplier Personnel to investigate such reports.
50.3 The Supplier shall take all Reasonable Measures to ensure that the Supplier Personnel and Supplier Providers do not engage in sexual activity with any person under the age of 18, regardless of the local age of majority or age of consent or any mistaken belief held by the Supplier Personnel or Supplier Provider as to the age of the person. Furthermore, the Supplier shall ensure that the Supplier Personnel and Supplier Providers do not engage in ‘transactional sex’ which shall include but not be limited to the exchange of money, employment, goods, or services for sex and such reference to sex shall include sexual favours or any form of humiliating, degrading or exploitative behavior on the part of the Supplier Personnel and the Supplier Providers. For the avoidance of doubt, such ‘transactional sex’ shall be deemed to be Serious Misconduct in accordance with Clause 50.1.
50.4 The Supplier shall promptly report in writing any complaints, concerns and incidents regarding Serious Misconduct or any attempted or threatened Serious Misconduct by the Supplier Personnel and Supplier Providers to DFID, including DFID’s Counter Fraud Section at xxxxxxxxxxxxxxxxx@xxxx.xxx.xx or +00 (0)0000 000000, and where necessary, the Appropriate Authorities.
50.5 The Supplier shall fully investigate and document all cases or potential cases of Serious Misconduct and shall take appropriate corrective action to reduce the risk and/or eliminate Serious Misconduct being committed by the Supplier Personnel and Supplier Providers (which may include disciplinary action, termination of contracts etc.), such investigations and actions to be reported to DFID as soon as is reasonably practicable
50.6 The Supplier shall not engage as Supplier Personnel or Supplier Provider for the purposes of the Services any person whose previous record or conduct known to the Supplier (or reasonably ought to be known by a diligent supplier which undertakes the appropriate checks) indicates that they are unsuitable to perform the Services and/or where they represent an increased and unacceptable risk of committing Serious Misconduct.
50.7 The Supplier shall comply with all applicable laws, legislation, codes of practice and government guidance in the UK and additionally, in the territories where the Services are being performed, relevant to safeguarding and protection of children and vulnerable adults, which the Supplier acknowledges may include vetting of the Supplier Personnel by the UK Disclosure and Barring Service checks; Robust procedures and guidelines for the management of activities which could present risks of abuse; Safeguarding procedures compatible with the policies and procedures detailed in clause 12.6 above, with a clear statement of rights and zero tolerance of abuse; A clear and well publicised whistle blowing policy and procedure and code of conduct for Staff; Policies and procedures that clearly state the response to any act of discrimination and harassment; Safeguarding training that promotes awareness of abuse and how to respond and report concerns; Clear and accessible information describing the service standards, how to complain and how to report abuse. Without prejudice to Section 10 (Termination) of this Agreement, the Commissioners shall have the right to suspend provision of the Services in accordance with clause 7 (Breach and Suspension) in the event of an investigation as to the protection, safety or welfare of a Service User by the Commissioners and/or any Regulatory Body in respect of the Services. The provisions of this clause 12 (Safeguarding) are without prejudice to the Commissioners’ right to terminate this Agreement in accordance with Section 10 (Termination) of this Agreement. The Commissioners may, at any regulated activity performed by time, require the Supplier Personnel (as defined by removal of a member of Staff from duties under this Agreement during an investigation into the Safeguarding Vulnerable Groups Act 2006 (as amended)) and/or vetting by a local equivalent service. Where DFID reasonably believes conduct of that there is an increased risk to safeguarding in individual, pending the performance outcome of the Services, the Supplier shall comply with any reasonable request by DFID for additional vetting to be undertakeninvestigation.
50.8 Failure by the Supplier to:
50.8.1 put in place preventative measures to eliminate and/or reduce the risk of Serious Misconduct; or
50.8.2 fully investigate allegations of Serious Misconduct; or
50.8.3 report any complaints to DFID and where appropriate, the relevant authorities (including law enforcement)
Appears in 1 contract
Samples: Provider Agreement
Safeguarding. 50.1 29.1. For the purposes of this Clause 5029, “Reasonable Measures” shall mean: “all reasonable endeavours expected to be taken by a professional and prudent supplier in the SupplierSubcontractor’s industry to eliminate or minimise risk of actual, attempted or threatened exploitation, abuse and harassment (including Sexual Abuse, Sexual Exploitation and Sexual Harassment) and whether or not such conduct would amount to a criminal offence in the United Kingdom or an offence under the laws of the territory in which it takes place (together “Serious Misconduct”) as is reasonable and proportionate under the circumstances. Such endeavours may include (but shall not be limited to):
(a) 29.1.1. clear and detailed policies and guidance for Supplier Subcontractor Personnel, Supplier Providers and where appropriate, beneficiaries;
(b) 29.1.2. developing, implementing and maintaining a safeguarding plan throughout the term (including monitoring);
(c) 29.1.3. provision of regular training to Supplier Subcontractor Personnel, Supplier Providers and where appropriate, beneficiaries;
(d) 29.1.4. clear reporting lines and whistleblowing policies in place for Supplier Subcontractor Personnel, Supplier Providers and beneficiaries,;
(e) 29.1.5. maintaining detailed records of any allegations of Serious Misconduct and regular reporting to DFID the Company and the Appropriate Authorities (where relevant) of any such incidents;
(f) 29.1.6. any other Good Industry Practice measures (including any innovative solutions),.”
50.2 29.2. The Supplier Subcontractor shall take all Reasonable Measures to prevent Serious Misconduct by the Supplier Subcontractor Personnel or any other persons engaged and controlled by it to perform any activities under this Agreement (“Supplier Subcontractor Providers”) and shall have in place at all times robust procedures which enable the reporting by Supplier Subcontractor Personnel, Supplier Subcontractor Providers and beneficiaries of any such Serious Misconduct, illegal acts and/or failures by the Supplier Subcontractor or Supplier Subcontractor Personnel to investigate such reports.
50.3 29.3. The Supplier Subcontractor shall take all Reasonable Measures to ensure that the Supplier Subcontractor Personnel and Supplier Subcontractor Providers do not engage in sexual activity with any person under the age of 18, regardless of the local age of majority or age of consent or any mistaken belief held by the Supplier Subcontractor Personnel or Supplier Subcontractor Provider as to the age of the person. Furthermore, the Supplier shall ensure that the Supplier Subcontractor Personnel and Supplier Subcontractor Providers do not engage in ‘transactional sex’ which shall include but not be limited to the exchange of money, employment, goods, or services for sex and such reference to sex shall include sexual favours or any form of humiliating, degrading or exploitative behavior on the part of the Supplier Subcontractor Personnel and the Supplier Subcontractor Providers. For the avoidance of doubt, such ‘transactional sex’ shall be deemed to be Serious Misconduct in accordance with Clause 50.129.1.
50.4 29.4. The Supplier Subcontractor shall promptly report in writing any complaints, concerns and incidents regarding Serious Misconduct or any attempted or threatened Serious Misconduct by the Supplier Subcontractor Personnel and Supplier Subcontractors Providers to DFIDthe Company and also to FCDO, including DFIDFCDO’s Counter Fraud Section at xxxxxxxxxxxxxxxxx@xxxx.xxx.xx or +00 (0)0000 000000, and where necessary, the Appropriate Authorities.
50.5 29.5. The Supplier Subcontractor shall fully investigate and document all cases or potential cases of Serious Misconduct and shall take appropriate corrective action to reduce the risk and/or eliminate Serious Misconduct being committed by the Supplier Subcontractor Personnel and Supplier Subcontractor Providers (which may include disciplinary action, termination of contracts etc.), such investigations and actions to be reported to DFID the Company and FCDO as soon as is reasonably practicable
50.6 29.6. The Supplier Subcontractor shall not engage as Supplier Subcontractor Personnel or Supplier Subcontractor Provider for the purposes of the Services any person whose previous record or conduct known to the Supplier (or reasonably ought to be known by a diligent supplier which undertakes the appropriate checks) indicates that they are unsuitable to perform the Services and/or where they represent an increased and unacceptable risk of committing Serious Misconduct.
50.7 29.7. The Supplier Subcontractor shall comply with all applicable laws, legislation, codes of practice and government guidance in the UK and additionally, in the territories where the Services are being performed, relevant to safeguarding and protection of children and vulnerable adults, which the Supplier Subcontractor acknowledges may include vetting of the Supplier Subcontractor Personnel by the UK Disclosure and Barring Service in respect of any regulated activity performed by the Supplier Subcontractor Personnel (as defined by the Safeguarding Vulnerable Groups Act 2006 (as amended)) and/or vetting by a local equivalent service. Where DFID the Company reasonably believes that there is an increased risk to safeguarding in the performance of the Services, the Supplier Subcontractor shall comply with any reasonable request by DFID the Company for additional vetting to be undertaken.
50.8 29.8. Failure by the Supplier Subcontractor to:
50.8.1 29.8.1. put in place preventative measures to eliminate and/or reduce the risk of Serious Misconduct; or
50.8.2 29.8.2. fully investigate allegations of Serious Misconduct; or
50.8.3 29.8.3. report any complaints to DFID FCDO and where appropriate, the relevant authorities (including law enforcement) shall be a material breach of this Agreement and shall entitle the Company to terminate this Agreement for breach with immediate effect. Schedule A – Contact Details and Description of Services Part 1: Contact Details COMPANY CONTACT DETAILS CONTACT 1 Name: Click here to enter text. Title: Click here to enter text. Email: Click here to enter text. Phone: Click here to enter text. CONTACT 2 Name: Click here to enter text. Title: Click here to enter text. Email: Click here to enter text. Phone: Click here to enter text. CONTACT 3 Name: Click here to enter text. Title: Click here to enter text. Email: Click here to enter text. Phone: Click here to enter text. SUBCONTRACTOR CONTACT DETAILS CONTACT 1 Name: Click here to enter text. Title: Click here to enter text. Email: Click here to enter text. Phone: Click here to enter text. CONTACT 2 Name: Click here to enter text. Title: Click here to enter text. Email: Click here to enter text. Phone: Click here to enter text. CONTACT 3 Name: Click here to enter text. Title: Click here to enter text. Email: Click here to enter text. Phone: Click here to enter text. Part 2: Description of Services Description Project Background: [Insert details here] Terms of reference: The Services will be provided on a call down basis and the Services will be set out in a Task Order which will be created by the Company using the form of template in Schedule H Task Order Mechanism There is no obligation on the Company to offer any minimum amount of work pursuant to this Agreement and the Subcontractor is not obliged to accept any Task Order that is offered to it. Changes in any Task Order or in any of the Services (as defined in the applicable Task Order) shall become effective only if accepted and signed by both the Parties. All Task Orders shall form an integral part of this Agreement. In the case of any conflict between the terms of this Agreement and the terms of any Task Order, this Agreement shall prevail. Any Services that the Company wishes the Subcontractor to carry out pursuant to this Agreement shall be set out in a Task Order and the Subcontractor will sign and return the Task Order to the Company within 5 working days if it wishes to undertake the work (and the Company shall be entitled to assume that the Subcontractor is not able to undertake the work if the Task Order is not signed and returned within such time period). A Task Order may be amended in accordance with Clause 3 of this Agreement. Responsibilities of the Subcontractor The Subcontractor’s Deliverables, Outputs and Milestones will be detailed in each individual Task Order. [Insert any general guidance on roles and responsibilities here]. Subcontractor Deliverables/Outputs/Milestones Insert here. Approved Subcontractor Personnel List Enter as many names as needed here Enter corresponding positions here Responsibilities of the Company <<Insert ‘None’ if there are no specific responsibilities for the Company in terms of the Services>> Schedule B – Payment Part 1: Payment Terms
1.1. The total sum to be paid to the Subcontractor for the Services shall not exceed the Total Agreement Sum (plus, where indicated on the Cover Sheet and in Part 3 below, approved reimbursable expenses). All sums are VAT/GST or similar sales taxes inclusive save where indicated on the Cover Sheet.
1.2. Dates for payment are as set out in Part 3: Rates.
1.3. All reimbursable expenses that are to be reimbursed must be pre-approved in writing by the Company. No costs that are not pre-approved in writing will be reimbursed. In addition, for reimbursement, a valid expense claim must be provided accompanied by full supporting documentation.
1.4. Payment will be made in accordance with this Agreement.
1.5. Amounts are in the Agreement Currency as indicated on the Cover Sheet. The Subcontractor will be entirely responsible for all risks arising out of currency fluctuations associated with this Agreement.
1.6. Payments to the Subcontractor’s Personnel for salary, allowances, bonuses, taxes, insurances, superannuation, non-Working Days and all other overheads and expenses of whatsoever nature that may be incurred including, but without limitation, payment for vaccinations and malaria tablets and similar, except those otherwise specifically provided for in this Agreement, are the sole responsibility of the Subcontractor.
1.7. Unless otherwise specified by the Company in writing, timesheets will be submitted in accordance with Project procedures for each of the Subcontractor’s Personnel and on the dates and for the periods required by the Company. Additional details may be provided in any Operations Manual for the Project.
1.8. The Subcontractor will not be entitled to payment of an invoice unless and until:
1.8.1. The deliverable items for which payment is claimed (and/or the relevant Milestone) have been achieved or completed in accordance with the terms of this Agreement and also to the satisfaction of the Company and the Client; and
1.8.2. All Project Material (including the required documentation to justify recovery of expenses and reimbursables and (if applicable) timesheets) for that part of the Services for which payment is claimed has been submitted to and approved by the Company.
1.9. Any payment by the Company is payment on account only and not evidence of the Subcontractor’s compliance with this Agreement, an admission of liability, or acceptance by the Company of the Services. Where any fees or costs in an invoice from the Subcontractor are subsequently rejected by the Client on audit or otherwise, such fees or costs will be an overpayment and subject to reimbursement by the Subcontractor to the Company (under 1.11 and 1.12) until such fees and costs are accepted by the Client.
1.10. If the conditions for payment are met and all terms of this Agreement are complied with, the Company will make payment within thirty (30) days of receipt of a valid, undisputed and correct invoice.
1.11. The Subcontractor consents to the Company deducting from moneys otherwise due to the Subcontractor any overpayment previously made, any moneys due from the Subcontractor and any claim to money which the Company may have against the Subcontractor, whether for damages or otherwise.
1.12. Where it is found that any overpayment has been made to the Subcontractor the Company may also require reimbursement of such overpayment within twenty one (21) days of written demand.
1.13. The Subcontractor must provide the Company with the details of a bank account that accepts deposits in the Agreement Currency. Where the Agreement Currency and the Subcontractor’s account currency differ, the exchange rate will be that of the date of the transfer.
Appears in 1 contract
Samples: Subcontractor Agreement
