RTMC Model Conditions of Contract - Highways Agency

RTMC Model Conditions of Contract - Highways Agency RTMC Model Conditions of Contract - Highways Agency

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Regional Technology Maintenance ContractConditions of Contract(87) Staff are employees employed by the Contractor or anAssociated Company or any Subcontractor to Provide theService at any time.(88) Stock Transfer Document is the document that defines thecontract requirements and Contractor’s responsibilities forthe Employer’s Stocks.(89) System Component is processing equipment, applicationprograms, digital data or digital reference information.(90) System Component Source is the party responsible forprovision of the System Component and is the Contractoror the Employer or both of them.(91) Statutory Body is a person or corporate body who has astatutory right or a right pursuant to a licence granted underany statute to place or maintain any apparatus (includingany pipe, conduit, sewer, drain or tunnel) on, under or overthe Affected Property or to inspect, adjust, repair, alter,renew, reposition or remove such apparatus.(92) Not Used.(93) ‘Third line’ maintenance is triggered when ‘first’ and‘second’ line maintenance have not resolved the problem.In most cases the faulty equipment has to be sent for repairto the manufacturer or to the Employer’s central stores.(94) Not Used(95) Traffic Officers are the traffic officers employed by theEmployer and acting in that capacity, whether based on theAffected Property or in any traffic control centre or policecontrol office.(96)Traffic Technology Systems are the systems identified inthe Network Information which the Contractor manages,monitors and maintains, including:• the Employer’s Highways Agency’s TrafficManagement Systems (HATMS),• the Employer’s Closed Circuit Television (CCTV)systems and associated equipment and• the Employer permanent road traffic signals, signs andRTMC CoC, Issue 1, Rev 0 July 2011

Regional Technology Maintenance ContractConditions of Contractassociated equipment installed at junctions andsignalled pedestrian crossings on All Purpose TrunkRoads (APTRs).(97) Transferring Employees are employees of an OutgoingContractor (or of a subcontractor of an OutgoingContractor) employed for the carrying out of work or theprovision of services similar to the service in relation to theAffected Property and/or the Traffic Technology Systemsduring the period immediately prior to the access date,other than employees who object to being transferred to theContractor.(98) TUPE means the Transfer of Undertakings (Protection ofEmployment) Regulations 2006(99) TUPE Information is information regarding the Staffincluding identity, number, age, sex, length of service, jobtitle, grade and terms and conditions of employment, detailsof any disciplinary procedure taken against a member ofStaff, detail of any grievance procedure taken by a memberof Staff, together with any other matters affecting each ofthose Staff including but not limited to the information whicha transferor is obliged to notify to a transferee pursuant toregulation 11 (2) of TUPE.(100) Employment Costs are all costs and emoluments arisingunder the terms and conditions of employment of theTransferring Employees or the Staff (as the case may be),including basic pay, shift allowances, bonus payments, oncall payments, overtime, car costs, telephone rental, traveland subsistence payments, maternity pay, sick pay,pension contributions and income tax and nationalinsurance contributions.Clause Z2 Corrupt practicesZ2.1 The Contractor does not• offer or give to any person in the service of the Employer orService Manager any gift or consideration of any kind as aninducement or reward in relation to the obtaining or execution ofthis contract or any other contract with the Employer or forshowing favour or disfavour to any person in relation to thisRTMC CoC, Issue 1, Rev 0 July 2011

Regional Technology Maintenance <strong>Contract</strong><strong>Conditions</strong> <strong>of</strong> <strong>Contract</strong>associated equipment installed at junctions andsignalled pedestrian crossings on All Purpose TrunkRoads (APTRs).(97) Transferring Employees are employees <strong>of</strong> an Outgoing<strong>Contract</strong>or (or <strong>of</strong> a subcontractor <strong>of</strong> an Outgoing<strong>Contract</strong>or) employed for the carrying out <strong>of</strong> work or theprovision <strong>of</strong> services similar to the service in relation to theAffected Property and/or the Traffic Technology Systemsduring the period immediately prior to the access date,other than employees who object to being transferred to the<strong>Contract</strong>or.(98) TUPE means the Transfer <strong>of</strong> Undertakings (Protection <strong>of</strong>Employment) Regulations 2006(99) TUPE Information is information regarding the Staffincluding identity, number, age, sex, length <strong>of</strong> service, jobtitle, grade and terms and conditions <strong>of</strong> employment, details<strong>of</strong> any disciplinary procedure taken against a member <strong>of</strong>Staff, detail <strong>of</strong> any grievance procedure taken by a member<strong>of</strong> Staff, together with any other matters affecting each <strong>of</strong>those Staff including but not limited to the information whicha transferor is obliged to notify to a transferee pursuant toregulation 11 (2) <strong>of</strong> TUPE.(100) Employment Costs are all costs and emoluments arisingunder the terms and conditions <strong>of</strong> employment <strong>of</strong> theTransferring Employees or the Staff (as the case may be),including basic pay, shift allowances, bonus payments, oncall payments, overtime, car costs, telephone rental, traveland subsistence payments, maternity pay, sick pay,pension contributions and income tax and nationalinsurance contributions.Clause Z2 Corrupt practicesZ2.1 The <strong>Contract</strong>or does not• <strong>of</strong>fer or give to any person in the service <strong>of</strong> the Employer orService Manager any gift or consideration <strong>of</strong> any kind as aninducement or reward in relation to the obtaining or execution <strong>of</strong>this contract or any other contract with the Employer or forshowing favour or disfavour to any person in relation to this<strong>RTMC</strong> CoC, Issue 1, Rev 0 July 2011

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