Common use of SERVICE PROVIDER’S STAFF Clause in Contracts

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 result of a DBS check or from an employee or a potential employee) and shall confirm to the Service Purchaser(s), when asked to do so, that the DBS checks are satisfactory. 23.8 If an incident or concern is referred to the Service Purchaser(s) relating to a member of the Service Provider’s staff, the Service Purchaser(s) shall notify the Service Provider and the Service Purchaser(s) Safeguarding Adults at Risk Co-ordinator for the incident or concern to be dealt with within that process or shall convene a Review of Service meeting.

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 result of a DBS check or from an employee or a potential employee) and shall confirm to the Service Purchaser(s), when asked to do so, that the DBS checks are satisfactory. 23.8 If an incident or concern is referred to the Service Purchaser(s) relating to a member of the Service Provider’s staff, the Service Purchaser(s) shall notify the Service Provider and the Service Purchaser(s) Safeguarding Adults at Risk Co-Co- ordinator for the incident or concern to be dealt with within that process or shall convene a Review of Service meeting.

SERVICE PROVIDER’S STAFF. 23.1 9.1.1 The Service Provider shall provide 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 and competent staff who have adequate skills in order to provide good standards of care and are able to provide carry out the Service Services in accordance with this Agreement; 9.1.2 The Service Provider shall at all times be fully responsible for the ISC, payment of full income or other taxes national insurance contributions or levies of any kind relating to or arising out of the Care employment of any person engaged by the Service Provider in the performance of the Services and Support Plan 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 Personal Plan 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 reviewed from time a result of the Authority’s notice to time the Service Provider and the Regulatory Authority’s requirements. Service Provider shall indemnify the Authority against any such claims. 9.1.4 acknowledge that the Service Provider is a Regulated Activity Provider with ultimate responsibility for the management and control of the Regulated Activity provided under this agreement and for the purposes of the Safeguarding Vulnerable Groups Act 2006. 9.1.5 The Service Provider shall ensure that all individuals engaged in 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 provision of the nursing staff shall comply with Services are: 9.1.5.1 subject to a valid enhanced disclosure check undertaken through the requirements of Disclosure and Barring Service including a check against the Regulatory Authority i.e. The Nursing and Midwifery Council (NMC).adults' barred list or the children's barred list, as appropriate; and 23.2 In the Home 9.1.5.2 the Service Provider shall maintain an organisational chart outlining monitor the staffing structure, staffing levels, staff duties level and areas validity of responsibility which shall be reviewed annually, or when deemed necessary due to organisational changethe checks under this clause 9.1.4 for each member of staff. 23.3 9.1.6 The Service Provider warrants that at all times for the purposes of this agreement it has no reason to believe that any person who is or will be employed or engaged by the Service 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 any regulations made thereunder, as amended from time to time. 9.1.7 The Service Provider shall ensure immediately notify the Council of any information that there are sufficient staff it reasonably requests to cover staff holidays or absences for any reasonenable it to be satisfied that the obligations of this clause 9 have been met. 23.4 9.1.8 The Service Provider shall inform refer information about any person carrying out the Service Purchaser(sServices to the ISA where it removes permission for such person to carry out the Services (or would have, if such person had not otherwise ceased to carry out the Services) without delay if the Service Provider is experiencing difficulty because, in adequately staffing the Homeits opinion, such person has harmed or poses a risk of harm to any service users/children/vulnerable adults. 23.5 9.1.9 The Service Provider shall not employ or use best endeavours the services of any person who is barred from, or whose previous conduct or records indicate that they would not be suitable 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 Regulated Activity or who may otherwise present a risk assessments in relation to any disclosure (whether as a result of a DBS check or from an employee or a potential employee) and shall confirm to the Service Purchaser(s), when asked to do so, that the DBS checks are satisfactoryservice users. 23.8 If an incident or concern is referred to the Service Purchaser(s) relating to a member of the Service Provider’s staff, the Service Purchaser(s) shall notify the Service Provider and the Service Purchaser(s) Safeguarding Adults at Risk Co-ordinator for the incident or concern to be dealt with within that process or shall convene a Review of Service meeting.

SERVICE PROVIDER’S STAFF. 23.1 6.1 Staff shall comply with the rules, regulations, policies, procedures and requirements in force at the Premises of which the Service Provider has been notified, or should have known through signage or other publically displayed notices in the Premises, or through general practices and standards applicable to all parties working within the Premises. 6.2 The Service Provider warrants and represents that all Staff assigned to the performance of the Services shall possess and exercise such qualifications, skill and experience as are necessary for the proper performance of the Services. 6.3 The Service Provider shall ensure that it engages and employs resources which provide sufficient trained a qualified and competent staff who have adequate skills to experienced flexible Staff structure where PCOs can substitute for each other and consistently provide good standards of care and are able to provide the Service Services in accordance with the ISCContract. The Service Provider shall additionally ensure that it engages skilled management, supervisory and, where appropriate, non-operational or custodial support Staff to manage the Service Provider's duties and obligations under the Contract. 6.3.1 The Service Provider shall maintain records of the names, roles and photographic identification of its Staff and representatives who may at any time provide Services under the Contract giving such information as the Purchaser may reasonably require to maintain security within the Services. 6.3.2 In the event that the Staff, Assets or other resources prove insufficient in circumstances where there has been no change to the Service requirement for which a change might otherwise be requested, the Care Service Provider shall commit such additional resources as necessary at no additional cost to the Purchaser. 6.4 The Service Provider shall retain copies of the employment references, qualifications and Support Plan employment eligibility, and will record the outcome of the Disclosure Scotland and other checks conducted for Staff on file, and will produce such documentary evidence as may be reasonably required by the Purchaser to confirm the completion of these checks and that the Service Provider has taken reasonable steps to establish that its Staff are fit and proper persons, qualified and fully competent to perform the relevant Services. The Purchaser will respect the confidentiality of all Personal Plan Data provided. 6.5 Disclosure Scotland and Baseline Personnel Security Standard (BPSS) checks will apply to all (operational and non-operational) Staff or representatives proposed by the Service Provider to perform any roles under the Contract. The Service Provider shall be responsible for undertaking the Disclosure Scotland verifications (including any revisions to these standards arising through the Protecting Vulnerable Groups (PVG) Scheme as reviewed notified by the Purchaser), within the terms of the Disclosure Scotland policies for Registered Bodies obtaining such verifications. The Service Provider will consequently ensure that its Staff, or any representatives of the Service Provider who are proposed to carry out Services (or part thereof) under the Contract are checked against the Disclosure Scotland database prior to an offer of employment (or sub-contract) to determine whether there are any current or unspent convictions that are deemed unacceptable in terms of establishing fit and proper person status in accordance with the Contract. The Service Provider shall also be responsible for providing sufficient information to enable any BPSS checks to be completed, if required. 6.5.1 The Service Provider shall maintain accurate records of Disclosure Level and reports received from time Disclosure Scotland. 6.5.2 The Service Provider shall be responsible for obtaining an updated Disclosure Scotland report for each member of Staff or any representatives of the Service Provider no less than every third anniversary of the date of each Disclosure Level or PVG check. 6.5.3 Notwithstanding the periodic re-verification detailed in Clause 6.5.2, the Service Provider will, where necessary, obtain an updated Disclosure Scotland report for any member of Staff who is undertaking work under the Contract where the Service Provider or Purchaser has justifiable cause or reason to time believe any circumstances may have affected or invalidated either the Disclosure Scotland or ‘fit and proper person’ status for any individual. 6.5.4 The Service Provider shall bear the Regulatory Authoritycost of performing and obtaining all Disclosure Scotland reports and other security approvals and background checks. 6.6 The Service Provider shall ensure that a copy of the Disclosure Scotland reports, evidence of the satisfactory completion of the relevant background and reference checks, the physical and medical capability assessment for each individual the Service Provider intends to employ as a PCO is submitted to the Purchaser with the Service Provider’s requirementsrecommendation that each individual applicant is a fit and proper person before the Service Provider employs him or her. 6.6.1 The Service Provider shall ensure that it obtains PCO certification for each individual proposed as a PCO in accordance with the Purchaser’s procedures prior to each individual undertaking PCO duties under the Contract. 6.7 The Service Provider shall ensure that any event which may affect the validity of any Disclosure certification held by the persons or personnel providing services under this Contract is reported to the Purchaser immediately upon the Service Provider becoming aware of such an event. The Service Provider shall ensure that the staff have member of Staff or person does not provide Services under 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 Contract until the qualifications of the nursing staff shall comply with the requirements of the Regulatory Authority i.e. The Nursing and Midwifery Council (NMC)Purchaser has provided approval. 23.2 In 6.8 If and when instructed to do so by the Home Purchaser, the Service Provider shall maintain an organisational chart outlining ensure that all Staff who are proposed to carry out work for the staffing structure, staffing levels, staff duties and areas purposes of responsibility which the Services meet the Baseline Personnel Security Standard at the time they carry out work. The Service Provider shall retain copies of the Baseline Personnel Security Standards on file. These shall be reviewed annually, or when deemed necessary due submitted to organisational changethe Purchaser at the Purchaser’s request. 23.3 6.9 The Purchaser reserves the right to audit the processes of the Service Provider in achieving the Baseline Personnel Security Standard either remotely or via a site visit. The Service Provider will be provided with one week’s notice of any such audit. 6.10 The Service Provider shall ensure that there are sufficient staff each member of Staff is contractually obliged via their terms of employment or their terms of engagement 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 Hometimeously of any alleged breaches of duty, criminal charge or conviction or any such other event. 23.5 The Service Provider shall use best endeavours 6.10.1 Failure by any individual member of Staff to maintain continuity fit and proper person status, to maintain PCO certification, to maintain registration with a relevant professional regulatory body or authority, or where disqualifying offences are indicated in a Disclosure Scotland report shall, as appropriate, and in accordance with this Clause, be considered as ineligibility of staff for the individual Service Users. The Service Provider shall involve to perform the Service User in Services or work arising out of 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 candidatesContract. 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). 6.11 The Service Provider shall ensure that policies are in place it’s Staff and representatives whose duties require them to guide enter the Premises comply with, and support staff. 23.7 wear, the Service Provider’s prescribed attire/dress. The Service Provider shall implement and maintain a means of individual identification as required by the Purchaser throughout the Contract Term. Staff will ensure that every DBS check personal identification is satisfactory visible at all times on their person. PCO certification will be provided by the Purchaser and all other costs shall be borne by the Service Provider. 6.12 The Service Provider may request or propose revisions to the standard of attire/dress and means of identification during the term of the Contract however such revisions shall only be implemented following the written agreement of the Purchaser. 6.13 If the Purchaser gives the Service Provider notice that any person is not to be admitted or is to be removed from the Premises or is not to become involved in relation or is to an individual’s employment be removed from involvement in the Services, the Service Provider shall take all reasonable steps to comply with such notice, and if required by the Purchaser the Service Provider shall carry out risk assessments in relation replace any person removed under this Clause with another suitably qualified person and procure that any security pass issued to any disclosure (whether as a result the person who has been removed is surrendered. The giving of a DBS check or from an employee or a potential employee) and shall confirm such notice by the Purchaser to the Service Purchaser(s), when asked to do so, that the DBS checks are satisfactory. 23.8 If an incident or concern is referred to the Service Purchaser(s) relating to a member of the Service Provider’s staff, the Service Purchaser(s) Provider as aforesaid shall notify not entitle the Service Provider to suspend, terminate or withhold the performance of any of its obligations in full. 6.14 The decision of the Purchaser as to whether any person is to be admitted to or removed from the Premises or is not to become involved in or is to be removed from involvement in the performance of the Contract and as to whether the Service Purchaser(s) Safeguarding Adults at Risk Co-ordinator Provider has furnished the information or taken the steps required of him by this Clause shall be final and conclusive. 6.15 The Service Provider shall be responsible for paying its Staff and, where appropriate, for the incident or concern to deduction and payment of National Insurance contributions and PAYE Income Tax (as applicable). 6.16 The decision of the Purchaser upon any matter arising under this Clause 6 shall be dealt with within that process or shall convene a Review of Service meetingfinal and conclusive.