Service level agreement for the supply of medical locums and locum general practitioners under Framework GP

Transcription

1 The following may be used as a template to assist the parties if they wish to agree service levels in accordance with Schedule 6. This Schedule will only apply where the parties wish to enter into additional arrangements for the bulk/long term supply of Locums. In that respect the provisions relating e.g. to meal breaks and payment of expenses will apply to the provision of all locums appointed in connection with this SLA. Service level agreement for the supply of medical locums and locum general practitioners under Framework GP Between [Name of Trust] ( the Authority ) And [Name of supplier] ( the Supplier )

2 Now it is hereby agreed as follows: The Supplier has been appointed to provide the Services for which they are qualified under the Framework Agreement and the Supplier will charge Contract Prices according to the specified [Standard / Tier 1] Contract Price. 1. Scope This Agreement shall cover the following types and categories of Medical Locum: [All of the types and categories of locums in accordance with their Framework Agreement] Or [Define the list of types and categories of locum the Supplier is required to provide] 2. Duration This Agreement shall commence on [date] and subject to the provisions for termination referred to in clauses 31 (Termination) and 32 (Default by the Supplier), shall continue in force until [date]. This shall be in accordance with paragraph of Schedule Fill Rate and calculation methodology In accordance with paragraph of Section 1 (Service Level Agreements and Permitted Content) of Schedule 6 (Service Level Agreement Requirements) and Section 3 (Coverage and Fill Rate) of Schedule 5 (Ordering Arrangements), the Authority may agree with the Supplier that the Supplier shall meet an agreed percentage of the Authority s requirements for Agency Workers. This percentage shall be referred to as the Fill Rate. If a Fill Rate has been agreed from the commencement date which is to be to be achieved throughout the duration of the Agreement, this information is detailed here: Specified period From commencement of the Agreement Agreed percentage Fill Rate percent If different Fill Rates have been agreed on an incremental basis for the initial three months and then for the remaining duration of the Agreement, this information is detailed here: Specified period Agreed percentage Fill Rate 1 st month of the Agreement percent 2 nd month of the Agreement percent 3 rd month of the Agreement percent Remaining duration of the Agreement percent

3 In accordance with paragraph of Section 1 (Service Level Agreements and Permitted Content) of Schedule 6 (Service Level Agreement Requirements), the Supplier shall at all times calculate the Fill Rate achieved in accordance with the methodology referred to in Annex no. 5 (Fill Rate Calculation methodology), unless otherwise agreed in writing by the Authority. 4. Locum Training and Development The following service level augmentations are required in relation to the training and development for each Locum: *Detail of change required or state no specific requirements noted + 5. Insurance The following increases in the range and/or value of insurance specified under Clauses 29 (Limitation of Liability) and 30 (Insurances): [Trusts should note that they may not request or seek to enforce, amend or introduce any new terms and conditions or prices that are substantially different from the agreed terms] *Detail of change required or state no specific requirements noted + 6. Supplier s standard hours of business The following increases in the Supplier s standard hours of business are required, as specified in Section 4 (Service Availability) of Schedule 5 (Ordering Procedure): *Detail of change required or state no specific requirements noted + 7. Identified Locums not to be supplied to the Authority At Annex 5 in this Agreement list the names of any locums registered with the Supplier (and/or any of its Sub-Contractors) whom the Authority does not wish to be engaged in the provision of the Services. [Trusts must take care to ensure they do not breach any legal requirements, particularly in relation to Equality] 8. Ordering Procedure This Agreement shall record as to whether paragraphs 1.7 and 1.9 of Section 1 (Ordering Procedure) of Schedule 5 (Ordering Procedure) as to whether these paragraphs shall apply or be removed. The agreed decision is detailed here: Paragraphs 1.7 and 1.9 of Section 1 (Ordering Procedure) shall apply; or

4 Paragraphs 1.7 and 1.9 of Section 1 (Ordering Procedure) shall be removed. *State apply or remove This Agreement shall record as to whether paragraphs 1.10 Section 1 (Ordering Procedure) of Schedule 5 (Ordering Procedure) as to whether this paragraph shall apply or be removed. The agreed decision is detailed here: Paragraph 1.10 of Section 1 (Ordering Procedure) shall apply; or Paragraph 1.10 of Section 1 (Ordering Procedure) shall be removed. *State apply or remove 9. Travel Expenses and Other Disbursements and Accommodation Payments The Authority will have no liability to either the Supplier or any Locums for Travel Expenses and Other Disbursements and Accommodation Payments incurred and the Supplier shall ensure that all Locums supplied in the provision of Services under this Agreement are aware of this, in accordance with Section 7 (Travel Expenses and Other Disbursements) and 8 (Accommodation Payments). Where the Authority s requirements differ under this Agreement, this information is provided here: [Provide details as to what is appropriate and / or chargeable, if applicable] 10. Meal or rest breaks The Supplier will not charge the Authority for any meal or rest breaks taken by the Locum during any shift worked in accordance with paragraph of Section 6 (Call Off Contract Price) of Schedule 7 (Payment). Where the Authority s requirements differ under this Agreement, this information is detailed here: [Provide details as to what is appropriate and / or chargeable, if applicable] 11. Uniform or standard of dress The Supplier shall verify with the Authority whether the Locum to be deployed in the provision of the Services needs to wear a uniform or other standard of dress during an assignment with the Authority in accordance with Section 6 (Uniform and Identification Badge) of Schedule 2 (Staff and Locums).

5 Where the Authority requires a locum to wear a uniform or other standard of dress during an Assignment with the Authority, this information is detailed here: [Provide details of requirements or state no specific requirements noted] 12. SLA Volume of Business Level The Authority may stipulate which Volume of Business Level ( VBL ) shall be applicable under this Agreement in respect of the anticipated annual spend to be provided to the Supplier under this Agreement, commencing on the date this Agreement is agreed and executed by the Parties, in accordance with SLA Volume Business Level VBL discounts under Schedule 7 (Payment). The agreed annual anticipated annual spend and applicable VBL excluding VAT is detailed here: [State VBL level] 13. Monitoring and Review Arrangements The Authority and Supplier should agree regular monitoring and review these arrangements, in accordance with Section 2 (Call Off Contract Monitoring) of Schedule 8 (Quality Assurance and Call Off Contract Monitoring). Any agreed regular monitoring and review arrangements are detailed here: [Provide details of requirements or state no specific requirements noted] 14. Transfer and Sub-Contracting Where the Supplier wishes to Sub-Contract any part of the provision of the Services to assist the Supplier in the provision of Services under this Agreement, the Supplier shall only use other Framework Agreement agencies in accordance with Clause 34 (Transfer and Sub-Contracting). The names and details of other agencies with which the Supplier may sub-contract are recorded here: [Name of Supplier] [Name of Sub-Contractor and contact details] Subject to Clause (Transfer and Sub-Contracting), unless otherwise specified to the contrary in writing by the Parties, where the Authority agrees an SLA with a Supplier who will provide the requirements of the SLA as the lead or preferred supplier to the Authority, the Contract Price of the lead or preferred Supplier shall prevail. This is regardless of the lead or preferred Supplier s possible use of any other Framework Agencies to assist in the provision of the Services to the Authority. 15. End of Placement Assessment Reports This Agreement shall record the names and contact information of those individuals where end of placement assessment reports should be sent for completion by the Authority, in accordance with paragraph 1.11 of Schedule 4 (Placement Procedures). These contacts are shown at Annex 4

6 16. Authorised Officers In accordance with paragraph 1.1 of Section 1 (Ordering Arrangements) of Schedule 5 (Ordering Procedure), the Authority will only be liable for the Contract Price relating to the delivery of the particular services under this Agreement, where those Services have been booked or requested and confirmed by a suitably trained and duly Authorised Officer of the Authority. The names, contact information and signatures (and dates of signatures) of all Authorised Officers, including Senior Authorised Officers, are identified in Annex no. 1 (Authorised Officers) to this Agreement. 17. Authorised Signatories In accordance with paragraph of Section 1 (Service Level Agreements and Permitted Content) of Schedule 6 (Service Level Agreement Requirements), this Agreement shall record the names, contact information, signatures and dates of signatures of all Authorised Signatories The names, contact information, signatures and dates of signatures of all Authorised Signatories are identified in Annex no. 2 (Authorised Signatories) to this Agreement. 18. Rehabilitation of Offenders Act and Criminal Records Bureau Checks In accordance with Clause 13.2, the Supplier shall agree in writing with the Authority the types of previous conviction(s), if any, which would be acceptable under this Agreement. Where appropriate, this information is set out in Annex no. 3 (Rehabilitation of Offenders Act and Criminal Records Bureau Checks) to this Agreement. 19. Unsolicited CVs In accordance with Section 2 (Unsolicited CVs) of Schedule 5 (Ordering Procedure), unless otherwise agreed in writing by the Authority, the Supplier will not send unsolicited CVs to the Authority. The agreed decision is detailed here: unsolicited CVs will be accepted by the Authority under this Agreement, in accordance with the following agreed circumstances: unsolicited CVs will not be accepted at anytime under this Agreement. 20. Agency Worker Timesheets In accordance with paragraph 1.12 of Section 1 (Placements Procedures) of Schedule 4 (Placement Procedures), the Supplier will provide each Agency Worker deployed in the provision of the Services with a timesheet to record the number of hours worked and any meal or rest breaks taken by the Agency Worker in the delivery of the Services during the period of the engagement with the Authority. Where necessary, the requirements of this paragraph may be performed electronic means as agreed in writing with the Authority.

7 If the requirements of paragraph 1.12 of Section 1 (Placement Procedures) of Schedule 4 (Placement Procedures) can be performed by electronic means, this information is detailed here: In accordance with paragraph of Section 1 (Placement Procedures) of Schedule 4 (Placement Procedures), the Authority may require that any electronically completed timesheets, and copies thereof, be printed and confirmed manually ie, by hand, in accordance with paragraph 1.14 of Section 1 (Placement Procedures) of Schedule 4 (Placement Procedures). If the requirement of paragraph of Section 1 (Placement Procedures) of Schedule 4 (Placement Procedures) is applicable, this information is detailed here: 21. Response times In accordance with paragraph 1.2 of Section 1 (Ordering Arrangements) of Schedule 5 (Ordering Procedure), the Supplier shall respond to all requests for the provision of the Services as quickly as possible and in any event, within the response times referred to below: The Supplier s protected response times as detailed in paragraph 1.2 of Section 1 (Ordering Arrangements) of Schedule 5 (Ordering Procedure); or The amended Supplier s protected response times as detailed in the table below: Booking notice period Supplier s protected response time Amended Supplier s protected response time < 1 working day 1 hour 1 working day 2 hours 2 to 3 working days 4 hours 4 working days 1 working day 5 to 10 working days 2 working days 10 working days > 4 working days 22. Invoicing In accordance with paragraph 1.4 of Section 1 (Contract Price and Payment) of Schedule 7 (Payment), the Supplier shall: submit an invoice for the Services provided to the Authority within 30 days of their provision, unless a longer period is agreed in writing with the Authority. If a longer period has been agreed under this Agreement, this information is detailed here: days

8 offer to the Authority the following choice of invoicing options that shall apply under this Agreement: one invoice per Authorised Timesheet; or one consolidated invoice for all Authorised Timesheets for the Authority based on the following specified calendar period: Day Week Month Other (as detailed) Where necessary, the requirements of this paragraph may be performed electronic means as agreed in writing with the Authority. If the requirements of paragraph 1.8 of Section 1 (Placements Procedures) of Schedule 4 (Placement Procedures) can be performed by electronic means, this information is detailed here: In accordance with paragraph 1.10 of Section 1 (Contract Price and Payment) of Schedule 7 (Payment), the Authority may request further information to be provided on the invoices submitted by the Supplier in addition to the requirements of paragraph 1.9 of Section 1 (Contract Price and Payment) of Schedule 7 (Payment). If further information is requested by the Authority, this information is detailed here: 23. Tier supplier status In accordance with paragraph of Section 1 (Service Level Agreements and Permitted Content) of Schedule 6 (Service Level Agreement Requirements) and Section 3 (Tier 1 Supplier discounts) of Schedule 7 (Payment), the Authority may stipulate as to whether or not the Supplier s appointment to this Agreement is as a sole supplier or otherwise. The Supplier s agreed appointment to this Agreement is detailed here: 24. Agency Worker Obligations In accordance with paragraph of Section 5 (Agency Worker Obligations) of Schedule 2 (Staff and Agency Workers), the Supplier shall use all reasonable endeavours to ensure that all Agency Workers to be deployed in the provision of the Services under this Agreement are aware that at all times whilst on the Authority s premises they shall adhere to all the obligations identified within paragraph 5.1 of Section 5 (Agency Worker Obligations) of Schedule 2 (Staff and Agency Workers) and all other relevant obligations that the Authority shall reasonably require from time to time. All other relevant obligations that the Authority shall reasonable require from time to time are detailed here:

9 25. Agency Worker Placement Checklist In accordance with paragraph 1.4 of Section 1 (Placement Procedures) of Schedule 4 (Placement Procedures), the Supplier shall provide the Authority with, if requested to do so, a completed Agency Worker Placement Checklist as set out in Annex no. 2B (Agency Worker Placement Checklist) or any alternate Good Industry Practice form agreed in writing between the Authority and the Supplier) for each proposed Agency Worker to demonstrate compliance with, but not limited to, the requirements of Schedule 2 (Staff and Locums), Schedule 3 (Recruitment Procedures), Schedule 7 (Payment) and Special Terms (if any) of this Agreement. Under this Agreement, the Supplier is requested to provide: the Agency Worker Placement Checklist in the form set out in Annex no. 2B (Agency Worker Placement Checklist); or An alternate agreed Good Industry Practice form as set out as an Annex to this Agreement In accordance with paragraph 1.5 of Section 1 (Placement Procedures) of Schedule 4 (Placement Procedures), the requirements of paragraph 1.4 of Section 1 (Placement Procedures) of Schedule 4 (Placement Procedures) can be performed by electronic means. 26. Agency In accordance with Clause 36 (Transfer and Sub-Contracting), the Authority may appoint any person as the Authority s Agent to act on the Authority s behalf and the Supplier undertakes to deal with any person appointed by the Authority. Both Parties shall co-operate with each other in good faith taking all reasonable actions, as necessary, for each Party to derive the full benefits of this Agreement. Details of any Agent(s) acting on behalf of the Authority including, but not limited to, on what basis, contact details and where information shall need to be sent by the Supplier etc is detailed here:

10 SIGNED: Duly authorised for and behalf of [Name of Trust]: - Name: Position: Signature: Date: SIGNED: Duly authorised for and behalf of [Name of Supplier]: - Name: Position: Signature: Date:

11 Annex no. 1 Authorised Officers In accordance with paragraph 16 (Authorised Officers) of this Agreement, bookings for Agency Workers shall be made by the following duly Authorised Officers: Authorised Officer name Role Contact telephone number Contact address The Authority will only be liable for the Contract Price relating to the delivery of the particular services under this Agreement, where those Services have been booked or requested and confirmed by the above suitably trained and duly Authorised Officers of the Authority.

12 Annex no. 2 Authorised Signatories In accordance with paragraph 17 (Authorised Signatories) of this Agreement, the names, contact information, signatures and dates of signatures of all Authorised Signatories are set out below: Authorised Signatory name Role Contact telephone number and address Authorised signature Date of signature

13 Annex no. 3 Rehabilitation of Offenders Act and Criminal Records Bureau Checks In accordance with Section 18 (Rehabilitation of Offenders Act and Criminal Records Bureau Checks) of this Agreement, the types of previous conviction(s), if any, which would be acceptable under this Agreement are:

14 Annex 4: End of placement assessment reports - Details of who the reports should be sent to for completion by the trust

15 Annex 5. Identified locums not to be supplied to the Authority Name of Medical Locum GMC registration number