Part G - Statutory obligations
G1 Health and Safety
- G1.1 The Contractor shall comply with all health and safety legislation in force and all health and safety policies of the Council.
G2 Corporate requirments
- 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 Llaw 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.