Part G - Statutory Obligations
G1 Health and safety
- G1.1 The Contractor shall comply with the Health and Safety at Work, etc. Act 1974, associated regulations and guidance published by the Health and Safety Executive (HSE); as well as industry best practice.
- G1.2 The Contractor shall comply with Hartlepool Borough Council’s Health and Safety Policy General Statement.
- G1.3 The Contractor will nominate a person to provide health and safety advice as required.
- G1.4 The Contractor accepts full responsibility for the day-to-day operational aspects of health and safety while delivering services for the Council.
- G1.5 The Contractor shall inform the Council immediately of any breaches in health and safety law and regulations, including enforcement action by the HSE, local authority inspectors or a Fire and Rescue Authority (including enforcement letters, notices and prosecutions).
- G1.6 The Contractor shall ensure that all managers, supervisors and operatives working on the contract have the relevant competence to undertake work (including when work is sub-contracted).
- G1.7 The Contractor shall devise and implement an internal health and safety inspection monitoring and audit programme, involving both managers and the person providing health and safety advice referred to in G1.3 above, including details of the frequency of inspections and auditing and providing this to the Council for agreement.
- G1.8 The Contractor shall co-operate fully with the Council in its monitoring of health and safety standards.
- G1.9 The Contractor shall inform the Council immediately of any health and safety issued relating to the Contractors health and safety responsibilities, including incidents, diseases and dangerous occurrences reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations.
- G1.10 The Contractor shall obtain the necessary Safety Schemes in Procurement (SSIP) accreditation status within six months of the contract award should this be a requirement of this contract as detailed in the Selection Questionnaire and the Contract Award Notice.
- G1.11 The Contractor shall maintain accredited status with the Contractor’s Health and Safety Scheme or equivalent (for the appropriate work category) for the duration of the contract.
- G1.12 The Contractor shall attend regular joint monitoring, reviews and audits of health and safety throughout the terms of the contract.
G2 Corporate requirements
- G2.1 The Contractor shall comply with all obligations under the HRA.
- G2.2 The Contractor shall comply with all Council policies and rules, such as, but not limited to:
- G2.2.1 equality and diversity policies;
- G2.2.2 sustainability;
- G2.2.3 information security rules;
- G2.2.4 whistleblowing and confidential reporting policies; and
- G2.2.5 all site rules relevant to the fulfilment of the Contractor’s obligations in the performance of the Services.
- G2.3 The Contractor shall not unlawfully discriminate within the meaning and scope of any Law, enactment, Order, or regulation relating to discrimination (whether age, race, gender, religion, disability, sexual orientation or otherwise) in employment.
- G2.4 The Contractor shall comply with all relevant legislation relating to its Employees however employed including (but not limited to) the compliance in Law of the ability of the Employees to work in the United Kingdom.
- G2.5 If the Contractor has a finding against it relating to its obligations under clause G2.4 it will provide the Council with:
- G2.5.1 details of the finding; and
- G2.5.2 the steps the Contractor has taken to remedy the situation.
- G2.6 The Contractor represents and warrants that it is compliant with its obligations under the Modern Slavery Act 2015 and that neither the Contractor nor any of its officers, employees or other persons associated with it:
- G2.6.1 has been convicted of any offence involving slavery and human trafficking;
- G2.6.2 has been or is the subject of any investigation, inquiry or enforcement proceedings by any governmental, administrative or regulatory body regarding any offence or alleged offence of or in connection with slavery and human trafficking.
- G2.7 The Contractor shall implement due diligence procedures for its own suppliers, subcontractors and other participants in its supply chains, to ensure that there is no slavery or human trafficking in its supply chains.
G3 Law and change in Law
- G3.1 The Contractor shall comply at all times with the Law in its performance of the Contract.
- G3.2 On the occurrence of a Change In Law which has a direct effect upon the Price the parties shall meet within 14 days of the Contractor notifying the Council of the Change In Law. This will be to consult and seek to agree the effect of the Change In Law and any change in the Price as a result following the principle that this clause is not intended to create an artificial cushion from market forces for the Contractor. If the parties, within 14 days of this meeting, have not agreed the occurrence or the impact of the Change In Law, either party may refer the matter to dispute resolution in accordance with clause D3.
- G3.3 Any agreed additional sums payable as a result of the operation of clause G3.2 shall be included in the Price. For the avoidance of doubt nothing in this Contract is intended to allow the Contractor double recovery of any increase in costs.
G4 Tupe and re-tendering
- G4.1 In the event of expiry or termination of this Contract or whenever reasonably requested by the Council in preparation for tendering arrangements the Contractor will provide the Council with such assistance as the Council may require and provide at no cost to the Council any information the Council (whether on its own account or on behalf of any potential or confirmed Replacement Contractor) may request in relation to the Employees including but not limited to, providing Employee liability information as required under Regulation 11 of TUPE.
- G4.2 The Contractor authorises the Council to pass any information supplied to any Replacement Contractor or potential Replacement Contractor and the Contractor will secure all necessary consents from relevant Employees in order to do this.
- G4.3 The Contractor will keep the Council and any Replacement Contractor indemnified in full against all Liabilities arising directly or indirectly in connection with any breach of this clause or inaccuracies in or omissions from the information provided.
G5 Counter-terrorism and security
- G5.1 The Contractor recognises the duty of the Council under the Counter-Terrorism and Security Act 2015; to have due regard to the need to prevent people from being drawn into terrorism and shall assist the Council in the discharge of that duty through the performance of this Agreement.
- G5.2 The Contractor shall therefore ensure that its employees, agents and subcontractors are familiar with and have an understanding of the Prevent Strategy and are suitably trained to recognise vulnerability of persons who could be drawn into terrorism and will engage in programmes to conform with this duty.