SERVICE PROVIDER’S STAFF. 16.1 Access to the Premises shall be limited to such Staff and the SERVICE PROVIDER’S suppliers as are necessary for the SERVICE PROVIDER to fulfil its obligations under the Contract. The SERVICE PROVIDER shall co-operate with others working on the Premises to such extent as the CLIENT may reasonably require.
16.2 The CLIENT reserves the right to refuse to admit to, or to withdraw permission to remain on, the Premises:-
16.2.1 for any member of the Staff; or
16.2.2 for any person employed or engaged by any member of the Staff, whose admission or continued presence would be, in the reasonable opinion of the CLIENT, undesirable.
16.3 At the CLIENT’S written request, the SERVICE PROVIDER shall provide a list of the names and business addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the CLIENT may reasonably request.
16.4 The SERVICE PROVIDER’S Staff, engaged within the boundaries of the Premises, shall comply with such rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for the conduct of personnel when at or outside those premises.
16.5 If the SERVICE PROVIDER fails to comply with Clause 16.3 within five (5) days of the date of the request and in the reasonable opinion of the CLIENT, such failure may be prejudicial to the interests of the Crown, then the CLIENT may terminate the Contract, provided always that such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the CLIENT.
16.6 The decision of the CLIENT as to whether any person is to be refused access to the Premises and as to whether the SERVICE PROVIDER has failed to comply with Clause 16.3 shall be final and conclusive.
SERVICE PROVIDER’S STAFF. 23.1 The Service Provider shall provide sufficient trained and competent staff who have adequate skills to provide good standards of care and are able to provide the Service in accordance with the ISC, the Care and Support Plan and Personal Plan as reviewed from time to time and the Regulatory Authority’s requirements. The Service Provider shall ensure that the staff have the appropriate competencies and must be able to demonstrate that these competencies have been specifically set out in job descriptions, person specifications and development plans. In Care Homes with Nursing the qualifications of the nursing staff shall comply with the requirements of the Regulatory Authority i.e. The Nursing and Midwifery Council (NMC).
23.2 In the Home the Service Provider shall maintain an organisational chart outlining the staffing structure, staffing levels, staff duties and areas of responsibility which shall be reviewed annually, or when deemed necessary due to organisational change.
23.3 The Service Provider shall ensure that there are sufficient staff to cover staff holidays or absences for any reason.
23.4 The Service Provider shall inform the Service Purchaser(s) without delay if the Service Provider is experiencing difficulty in adequately staffing the Home.
23.5 The Service Provider shall use best endeavours to maintain continuity of staff for individual Service Users. The Service Provider shall involve the Service User in the recruitment of staff where appropriate. For the avoidance of doubt, it is not expected that Service Users with significant cognitive impairment could be involved in formal interviewing or assessment of candidates.
23.6 In providing the Service the Service Provider shall comply with legislation, regulations and guidance in force or applicable at the time including any Local Arrangements relating to the recruitment, appointment and employment of sufficient, trained, competent and registered staff, equality, diversity and equal opportunities. The Service Provider shall keep records in relation to these processes for each member of staff and, where the member of staff consents or where the law requires, shall provide information to the Service Purchaser(s). The Service Provider shall ensure that policies are in place to guide and support staff.
23.7 The Service Provider shall ensure that every DBS check is satisfactory in relation to an individual’s employment and shall carry out risk assessments in relation to any disclosure (whether as a...
SERVICE PROVIDER’S STAFF. 3.6.1 Access to the Premises shall be limited to such Staff and the Service Provider’s suppliers as are necessary for the Service Provider to fulfil its obligations under the Contract. The Service Provider shall co-operate with others working on the Premises to such extent as the Customer may reasonably require.
3.6.2 The Customer reserves the right to refuse to admit to, or to withdraw permission to remain on, the Premises:-
(a) for any member of the Staff; or
(b) for any person employed or engaged by any member of the Staff, whose admission or continued presence would be, in the reasonable opinion of the Customer, undesirable.
3.6.3 At the Customer’s written request, the Service Provider shall provide a list of the names and business addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Customer may reasonably request.
3.6.4 The Service Provider’s Staff, engaged within the boundaries of the Premises, shall comply with such rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for the conduct of personnel when at or outside those premises.
3.6.5 If the Service Provider fails to comply with Clause 3.6.3 within two (2) Months of the date of the request and in the reasonable opinion of the Customer, such failure may be prejudicial to the interests of the Crown, then the Customer may terminate the Contract, provided always that such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the Customer.
3.6.6 The decision of the Customer as to whether any person is to be refused access to the Premises and as to whether the Service Provider has failed to comply with Clause 3.6.3 shall be final and conclusive.
SERVICE PROVIDER’S STAFF. 13.1.The Service Provider warrants and represents that all Staff assigned to the performance of the Services shall possess and exercise the skill and experience, qualifications and expertise necessary for the proper performance of the Services.
SERVICE PROVIDER’S STAFF. 9.1.1 The Service Provider shall at all times during the Term ensure that its employees engaged in the provision of the Services have sufficient skill and ability and have been properly trained in order to carry out the Services in accordance with this Agreement;
9.1.2 The Service Provider shall at all times be fully responsible for the payment of full income or other taxes national insurance contributions or levies of any kind relating to or arising out of the employment of any person engaged by the Service Provider in the performance of the Services and shall indemnify the Authority in respect of any liabilities which may arise to the Authority as a result of the failure by the Service Provider to comply with the obligation in this Clause 9.1.2; and
SERVICE PROVIDER’S STAFF. 18.1 The Service Provider shall at all times during the Contract Period employ sufficient persons of sufficient abilities and skills for the proper performance of the Services. In particular the Service Provider shall provide sufficient currently qualified staff to undertake all activities in accordance with all appropriate statutes, regulations and case law to ensure, amongst other things, that employees and members of the public are kept safe at all times.
18.2 The Service Provider shall at all times during the Contract Period employ sufficient persons of sufficient abilities and skills to supervise and administer the performance of the Services in a proper and continuous manner.
18.3 The Service Provider shall notify the Supervising Officer of the name, address and telephone number of the person who will be in charge of the Contract at local level.
18.4 The Service Provider shall at all times take all such precautions as are necessary to protect the health and safety of all persons employed by them, and shall comply with the requirements of the Health and Safety at Work etc. Xxx 0000 ('the Act') and of any other Acts, regulations, orders or EU directives relating to the health or safety of employed persons.
18.5 The Service Provider shall at all times be fully responsible for the payment of all income or other taxes, national insurance contributions or levies of any kind relating to or arising out of the employment of any person employed by the Service Provider, and shall indemnify the Council in respect of any liability that arises from the default of the Service Provider.
18.6 The Supervising Officer shall be entitled to recommend to the Service Provider, by notice in writing, that any employee of the Service Provider specified in such notice be removed from the performance of the Services or be disciplined. The Council shall in no circumstances be liable either to the Service Provider or to the employee in respect of any liability, loss or damage occasioned by such removal or disciplinary action, and the Service Provider shall indemnify the Council against any claim made by such employee.
SERVICE PROVIDER’S STAFF. Access to the Premises shall be limited to such Staff and the SERVICE PROVIDER’S suppliers as are necessary for the SERVICE PROVIDER to fulfil its obligations under the Contract. The SERVICE PROVIDER shall co-operate with others working on the Premises to such extent as the CLIENT may reasonably require. The CLIENT reserves the right to refuse to admit to, or to withdraw permission to remain on, the Premises:- for any member of the Staff; or for any person employed or engaged by any member of the Staff, whose admission or continued presence would be, in the reasonable opinion of the CLIENT, undesirable. At the CLIENT’S written request, the SERVICE PROVIDER shall provide a list of the names and business addresses of all persons who may require admission in connection with the Contract to the Premises, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the CLIENT may reasonably request. The SERVICE PROVIDER’S Staff, engaged within the boundaries of the Premises, shall comply with such rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for the conduct of personnel when at or outside those premises. If the SERVICE PROVIDER fails to comply with Clause 16.3 within five (5) days of the date of the request and in the reasonable opinion of the CLIENT, such failure may be prejudicial to the interests of the Crown, then the CLIENT may terminate the Contract, provided always that such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the CLIENT. The decision of the CLIENT as to whether any person is to be refused access to the Premises and as to whether the SERVICE PROVIDER has failed to comply with Clause 16.3 shall be final and conclusive. Save as the CLIENT may otherwise direct, the SERVICE PROVIDER is deemed to have inspected the Premises and, where one is provided, the Statement of Work, and to have made appropriate enquiries so as to be satisfied in relation to all matters connected with the performance of its obligations under the Contract. Any land or Premises made available from time to time to the SERVICE PROVIDER by the CLIENT in connection with the Contract shall be made available to the SERVICE PROVIDER on a non-exclusive licence basis free of charge and shall be used by the SERVICE PROVIDER solely for the purpose of performing its obligations under ...
SERVICE PROVIDER’S STAFF. 13.1 The Customer may, by written notice to the Service Provider, refuse to admit onto, or withdraw permission to remain on, the Customer’s Premises:
13.1.1 any member of the Staff; or
13.1.2 any person employed or engaged by any member of the Staff, whose admission or continued presence would, in the reasonable opinion of the Customer, be undesirable.
13.2 At the Customer's written request, the Service Provider shall provide a list of the names and addresses of all persons who may require admission to the Customer’s Premises in connection with the Contract, specifying the capacities in which they are concerned with the Contract and giving such other particulars as the Customer may reasonably request.
13.3 Staff engaged within the boundaries of the Customer’s Premises shall comply with such rules, regulations and requirements (including those relating to security arrangements) as may be in force from time to time for the conduct of personnel when at or within the boundaries of those Customer’s Premises.
13.4 If the Service Provider fails to comply with clause 13.2 within three (3) weeks of the date of the request, the Customer may terminate the Contract, provided always that such termination shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to the Customer.
13.5 The decision of the Customer as to whether any person is to be refused access to the Premises and as to whether the Service Provider and Staff have failed to comply with clause 13.2 shall be final and conclusive.
SERVICE PROVIDER’S STAFF. 6.1 The SERVICE PROVIDER shall employ appropriately qualified, competent, suitable and experienced staff for the proper provision of the Ordered Services to the Contract Standard.
6.2 The SERVICE PROVIDER shall use reasonable endeavours to maintain continuity of the SERVICE PROVIDER’S staff.
6.3 The names, experience and professional qualifications of those members of the SERVICE PROVIDER’S staff who will be involved in providing the Ordered Services shall be notified to and approved by the CLIENT prior to such persons commencing their duties. Such notification shall indicate the services they are to perform. No change to those members of the SERVICE PROVIDER’S staff shall be made without receiving the prior approval of the CLIENT. The CLIENT may (but not unreasonably or vexatiously) require the SERVICE PROVIDER to cease to use the services of any member of the SERVICE PROVIDER’S staff for the provision of the Ordered Services. Subject to the approval of the CLIENT, the SERVICE PROVIDER shall replace such persons as the need arises and at the SERVICE PROVIDER’S own expense.
6.4 Where the SERVICE PROVIDER is responsible for the appointment of site inspection staff, then the SERVICE PROVIDER shall take full responsibility for the supervision of such staff, for the scope of their duties, payment for their services and for the sufficiency of their performance.
SERVICE PROVIDER’S STAFF. 9.1.1 The Service Provider shall at all times during the Term ensure that its employees engaged in the provision of the Services have sufficient skill and ability and have been properly trained in order to carry out the Services in accordance with this Agreement;
9.1.2 The Service Provider shall at all times be fully responsible for the payment of full income or other taxes national insurance contributions or levies of any kind relating to or arising out of the employment of any person engaged by the Service Provider in the performance of the Services and shall indemnify the Authority in respect of any liabilities which may arise to the Authority as a result of the failure by the Service Provider to comply with the obligation in this Clause 9.1.2; and
9.1.3 The Authority shall be entitled to notify and require the Service Provider to discipline or remove from the performance of the Services any employee of the Service Provider engaged in the provision of the Services. The Authority shall not be liable to either the Service Provider or to such an employee for any claims arising from any disciplinary action or removal as a result of the Authority’s notice to the Service Provider and the Service Provider shall indemnify the Authority against any such claims.
