RTMC Model Conditions of Contract - Highways Agency
RTMC Model Conditions of Contract - Highways Agency RTMC Model Conditions of Contract - Highways Agency
Regional Technology Maintenance ContractConditions of Contractcontract or any other contract with the Employer, or• enter into this contract or any other contract with the Employer if, inconnection with this contract or any such other contract,commission has been paid or an agreement for the payment ofcommission has been made by him or on his behalf or to hisknowledge.Z2.2 A failure to comply with this condition is treated as the Contractor havingSubstantially hindered the Employer or Others.Clause Z3 Providing the ServiceZ3.1 The Contractor Provides the Service in such a way that the service• would not be prejudiced by the implementation of the Euro,• comply with all legal requirements applicable to the Euro in theUnited Kingdom, including, but without limitation, the rules onconversion and rounding set out in the EC Regulation 1103/97;• is capable of utilising all symbols and codes adopted by the EUCommission in relation to the Euro; and• is in accordance with the Employer’s requirements both forSterling and for the Euro.• is in compliance with all laws, statutes, regulations, by-laws,directives, rules and Government orders applicable to theEmployer, Contractor or the service to the extent that they areapplicable to any part of the service and in accordance with therequirements of this contractClause Z4 Recovery of sums due from ContractorClause Z5Z4.1 When under the contract any sum of money is recoverable from orpayable by the Contractor such sum may be deducted from or reducedby the amount of any sum or sums then due or which at any time aftermay become due to the Contractor under this contract or any othercontract with any Department or Office of Her Majesty's Government.AssignmentZ5.1 The Contractor does not assign, transfer or charge the benefit of thiscontract or any part of it or any benefit or interest under it without the prioragreement of the Employer.Z5.2 If requested by the Employer, the Contractor executes an agreement into novate the benefit and burden of this contract to• another Department or Office of Her Majesty's Government,• a local authority or• another public body exercising similar functions.Clause Z6 Discrimination, Bullying and HarassmentZ6.1 The Contractor does not discriminate directly or indirectly or by way ofvictimisation or harassment against any person contrary to theRTMC CoC, Issue 1, Rev 0 July 2011
Regional Technology Maintenance ContractConditions of ContractClause Z7Discrimination Acts.Z6.2 Where possible in Providing the Service, the Contractor co-operates withand assists the Employer to satisfy its duty under the Discrimination Actsto eliminate unlawful discrimination and to promote equality of opportunitybetween persons of different racial groups and between disabled peopleand other people.Z6.3 Where any employee or Subcontractor employed by the Contractor isrequired to carry out any activity• alongside the Employer’s or Service Manager’s employees in anypremises, or• on the Area Network and/or the Traffic Technology Systemsthe Contractor ensures that each such employee or Subcontractorcomplies with the Employer’s employment policies and codes of practicerelating to discrimination and equal opportunities.Z6.4 The Contractor notifies the Service Manager in writing as soon as hebecomes aware of any investigation or proceedings brought against theContractor under the Discrimination Acts in connection with this contractand• provides any information requested by the investigating body,court or tribunal in the timescale allotted,• attends (and permits a representative from the Employer toattend) any associated meetings,• promptly allows access to any relevant documents and informationand• cooperates fully and promptly with the investigatory body, court ortribunalZ6.5 The Contractor indemnifies the Employer against all costs, charges,expenses (including legal and administrative expenses) and paymentsmade by the Employer arising out of or in connection with anyinvestigation or proceedings under the Discrimination Acts resulting fromany act or omission of the Contractor.Z6.6 The Contractor includes in the conditions of contract for eachSubcontractor obligations substantially similar to those set out above.Z6.7 The Contractor complies with and procures and ensures that anySubcontractor complies with the Employer’s policies relating to bullyingand harassment. Where the Employer has reasonable grounds forconsidering that the presence or conduct of any of the Staff at anylocation relevant to the performance of the service is undesirable or inbreach of the Employer’s policies then the Employer may require theContractor to implement corrective action or exercise.Z6.8 A failure to comply with this condition is treated as a the Contractor havingSubstantially hindered the Employer or OthersConfidentiality and Disclosure of informationZ7.1 The Contractor keeps (and ensures that anyone employed by it oracting on its behalf keeps) confidential and does not disclose to anyRTMC CoC, Issue 1, Rev 0 July 2011
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Regional Technology Maintenance <strong>Contract</strong><strong>Conditions</strong> <strong>of</strong> <strong>Contract</strong>Clause Z7Discrimination Acts.Z6.2 Where possible in Providing the Service, the <strong>Contract</strong>or co-operates withand assists the Employer to satisfy its duty under the Discrimination Actsto eliminate unlawful discrimination and to promote equality <strong>of</strong> opportunitybetween persons <strong>of</strong> different racial groups and between disabled peopleand other people.Z6.3 Where any employee or Subcontractor employed by the <strong>Contract</strong>or isrequired to carry out any activity• alongside the Employer’s or Service Manager’s employees in anypremises, or• on the Area Network and/or the Traffic Technology Systemsthe <strong>Contract</strong>or ensures that each such employee or Subcontractorcomplies with the Employer’s employment policies and codes <strong>of</strong> practicerelating to discrimination and equal opportunities.Z6.4 The <strong>Contract</strong>or notifies the Service Manager in writing as soon as hebecomes aware <strong>of</strong> any investigation or proceedings brought against the<strong>Contract</strong>or under the Discrimination Acts in connection with this contractand• provides any information requested by the investigating body,court or tribunal in the timescale allotted,• attends (and permits a representative from the Employer toattend) any associated meetings,• promptly allows access to any relevant documents and informationand• cooperates fully and promptly with the investigatory body, court ortribunalZ6.5 The <strong>Contract</strong>or indemnifies the Employer against all costs, charges,expenses (including legal and administrative expenses) and paymentsmade by the Employer arising out <strong>of</strong> or in connection with anyinvestigation or proceedings under the Discrimination Acts resulting fromany act or omission <strong>of</strong> the <strong>Contract</strong>or.Z6.6 The <strong>Contract</strong>or includes in the conditions <strong>of</strong> contract for eachSubcontractor obligations substantially similar to those set out above.Z6.7 The <strong>Contract</strong>or complies with and procures and ensures that anySubcontractor complies with the Employer’s policies relating to bullyingand harassment. Where the Employer has reasonable grounds forconsidering that the presence or conduct <strong>of</strong> any <strong>of</strong> the Staff at anylocation relevant to the performance <strong>of</strong> the service is undesirable or inbreach <strong>of</strong> the Employer’s policies then the Employer may require the<strong>Contract</strong>or to implement corrective action or exercise.Z6.8 A failure to comply with this condition is treated as a the <strong>Contract</strong>or havingSubstantially hindered the Employer or OthersConfidentiality and Disclosure <strong>of</strong> informationZ7.1 The <strong>Contract</strong>or keeps (and ensures that anyone employed by it oracting on its behalf keeps) confidential and does not disclose to any<strong>RTMC</strong> CoC, Issue 1, Rev 0 July 2011