FRAMEWORK AGREEMENT PERFORMANCE. The Supplier shall perform its obligations under this Framework Agreement in accordance with: The requirements of this Framework Agreement, including Framework Schedule 8 (Framework Management); the terms and conditions of the respective Call Off Agreements; Good Industry Practice; all applicable Standards; and in compliance with all applicable Law. The Supplier shall bring to the attention of the Authority, any conflict between any of the requirements of Clause 10.1 shall comply with the Authority's decision on the resolution of any such conflict. At all times when providing Services under a Call Off Contract, the Supplier shall ensure that: each of the Supplier's Personnel is registered with their relevant regulatory professional or trade body, suitably qualified, adequately trained and capable of providing the applicable Services in respect of which they are engaged; there is an adequate number of Supplier's Personnel to provide the Services properly; only those people who are authorised by the Supplier (under the authorisation procedure to be agreed between the parties) are involved in providing the Services; and all of the Supplier's Personnel comply with all of the Contracting Body's policies including those in respect of dealing with children and vulnerable adults. The relevant Contracting Body may refuse to grant access to, and remove, any of the Supplier's Personnel who do not comply with any such policies, or if they otherwise present a security threat. The Supplier shall replace any of the Supplier's Personnel who the relevant Contracting Authority reasonably decides have failed to carry out their duties with reasonable skill and care. Following the removal of any of the Supplier's Personnel for any reason, the Supplier shall ensure such person is replaced promptly with another person with the necessary training and skills to meet the requirements of the Services. The Supplier shall maintain up-to-date personnel records on the Supplier's Personnel engaged in the provision of the Services and shall provide information to the Authority as the Authority reasonably requests on the Supplier's Personnel. The Supplier shall ensure at all times that it has the right to provide these records in compliance with the applicable Data Protection Legislation The Supplier shall use its best endeavours to ensure continuity of personnel and to ensure that the turnover rate of its staff engaged in the provision or management of the Services is at least as good at the prevailing industry norm for similar services, locations and environments The parties acknowledge that the Supplier is a Regulated Activity Provider with ultimate responsibility for the management and control of the Regulated Activity provided under this Contract and for the purposes of the Safeguarding Vulnerable Groups Act 2006 The Supplier shall: ensure that all the Supplier’s Personnel who are registered health care workers (including but not limited to medical doctors, surgeons and nurses) are subject to a valid enhanced disclosure check through the Disclosure and Barring Service (DBS) on an annual basis and hold a valid DBS at all times when providing the Services; ensure that all the Supplier’s Personnel engaged in Regulated Activity are subject to a valid enhanced disclosure check for regulated activity undertaken through the Disclosure and Barring Service (DBS) on an annual basis and hold a valid DBS at all times when providing the Services; and monitor the level and validity of the checks under this clause Error: Reference source not found for each member of the Supplier’s Personnel; and not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that he or she would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service users. The Supplier warrants that at all times it has no reason to believe that any of the Supplier’s Personnel are 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. The Supplier shall immediately notify the Authority of any information that it reasonably requests to enable it to be satisfied that the obligations of this clause 12 have been met. The Supplier shall refer information about any of the Supplier’s Personnel carrying out the Services to the DBS where it removes permission for that member of the Supplier’s Personnel to carry out the Services (or would have, if such person had not otherwise ceased to carry out the Services) because, in its opinion, such person has harmed or poses a risk of harm to the service users.
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Sources: Framework Agreement
FRAMEWORK AGREEMENT PERFORMANCE. The Supplier shall perform its obligations under this Framework Agreement in accordance with: The requirements of this Framework Agreement, including Framework Schedule 8 (Framework Management); the terms and conditions of the respective Call Off Agreements; Good Industry Practice; all applicable Standards; and in compliance with all applicable Law. The Supplier shall bring to the attention of the Authority, any conflict between any of the requirements of Clause 10.1 shall comply with the Authority's decision on the resolution of any such conflict. At all times when providing Services under a Call Off Contract, the Supplier shall ensure that: each of the Supplier's Personnel is registered with their relevant regulatory professional or trade body, suitably qualified, adequately trained and capable of providing the applicable Services in respect of which they are engaged; there is an adequate number of Supplier's Personnel to provide the Services properly; only those people who are authorised by the Supplier (under the authorisation procedure to be agreed between the parties) are involved in providing the Services; and all of the Supplier's Personnel comply with all of the Contracting Body's policies including those in respect of dealing with children and vulnerable adults. The relevant Contracting Body may refuse to grant access to, and remove, any of the Supplier's Personnel who do not comply with any such policies, or if they otherwise present a security threat. The Supplier shall replace any of the Supplier's Personnel who the relevant Contracting Authority reasonably decides have failed to carry out their duties with reasonable skill and care. Following the removal of any of the Supplier's Personnel for any reason, the Supplier shall ensure such person is replaced promptly with another person with the necessary training and skills to meet the requirements of the Services. The Supplier shall maintain up-to-date personnel records on the Supplier's Personnel engaged in the provision of the Services and shall provide information to the Authority as the Authority reasonably requests on the Supplier's Personnel. The Supplier shall ensure at all times that it has the right to provide these records in compliance with the applicable Data Protection Legislation The Supplier shall use its best endeavours to ensure continuity of personnel and to ensure that the turnover rate of its staff engaged in the provision or management of the Services is at least as good at the prevailing industry norm for similar services, locations and environments The parties acknowledge that the Supplier Contracting Body is a Regulated Activity Provider with ultimate responsibility for the management and control of the Regulated Activity provided under this Contract and for the purposes of the Safeguarding Vulnerable Groups Act 2006 The Supplier Contracting Body shall: ensure that all the Supplier’s Personnel Flexible Workers who are registered health care workers (including but not limited to medical doctors, surgeons and nurses) are subject to a valid enhanced disclosure check through the Disclosure and Barring Service (DBS) on an annual basis and hold a valid DBS at all times when providing the Services; ensure that all the Supplier’s Personnel Flexible Workers engaged in Regulated Activity are subject to a valid enhanced disclosure check for regulated activity undertaken through the Disclosure and Barring Service (DBS) on an annual basis and hold a valid DBS at all times when providing the Services; and monitor the level and validity of the checks under this clause Error: Reference source not found for each member of the Supplier’s PersonnelFlexible Workers; and not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that he or she would not be suitable to carry out Regulated Activity or who may otherwise present a risk to service users. The Supplier Contracting Body warrants that at all times it has no reason to believe that any of the Supplier’s Personnel Flexible Workers are 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. The Supplier Contracting Body shall immediately notify the Authority of any information that it reasonably requests to enable it to be satisfied that the obligations of this clause 12 have been met. The Supplier Contracting Body shall refer information about any of the Supplier’s Personnel Flexible Workers carrying out the Services to the DBS where it removes permission for that member of the Supplier’s Personnel Flexible Workers to carry out the Services (or would have, if such person had not otherwise ceased to carry out the Services) because, in its opinion, such person has harmed or poses a risk of harm to the service users.
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