Contract between the board of regents of the unversity system of georgia and
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CONTRACTOR STAFFING
Contractor warrants that all persons, including employees, independent contractors, and consultants, assigned by it to perform work under this Contract shall be employees, agents or authorized Subcontractors of Contractor and shall be fully qualified, as required in the RFP and specified in Contractor’s Proposal and have the credentials necessary (i.e., licensed and bonded, as required) to perform the Services under this Contract and to deliver the Deliverables. Personnel commitments made in Contractor's Proposal shall not be changed unless approved by the BOR in writing. Staffing will include the named individuals at the levels of effort proposed. Contractor shall provide and maintain sufficient qualified personnel and staffing to enable the Deliverables to be provided in accordance with the RFP, this Contract, and the Implementation Plan. Contractor warrants that it will comply with all staffing/personnel obligations set out in the RFP and Contractor’s Proposal, including but not limited to those pertaining to security, health, and safety issues. Contractor warrants that all staff performing Administrative Services will be located entirely within the boundaries of the United States of America. Except in the case of a legal required leave of absence, sickness, death, termination of employment, or unpaid leave of absence, Key Staff will not be changed by Contractor from the people who were described in the Contractor’s Proposal without the prior written approval of the BOR until completion of their assigned tasks. During the term of the Contract, the BOR reserves the right to approve Contractor’s and Subcontractor’s Key Staff assigned to this Contract. Contractor shall notify the BOR promptly before any changes are made to the Key Staff. Any person replacing a member of Key Staff must have equivalent experience, knowledge, and talent.
Contractor will allow the BOR to review Contractor’s training programs/materials and attend/monitor the training classes on an on-going basis. All Member Service facilities that handle Member or Provider calls must be located within the continental United States of America. All account management staff shall be thoroughly familiar with all of Contractor’s services that relate directly and indirectly to the BOR. The account management staff shall be available to Members during the hours of 8:00 am through 6:00 pm Eastern time, Monday through Friday, excluding legal holidays. Appropriate representatives from the account management team or members of their staff shall attend all benefit fairs of the BOR that occur within the MSA prior to the annual enrollment period for Employees of an Employing Entity. Appropriate representatives will also attend an appropriate retiree meetings that are conducted within the MSA prior to the annual enrollment period for Employees who are not actively working for an Employee Entity.
Notwithstanding the above provisions and subject to the provisions of this Section 14.3, the Parties acknowledge and agree that Contractor may terminate any of its employees designated to perform work or services under this Contract, as permitted by applicable law. In the event of a Contractor employee termination, Contractor will provide the BOR with immediate notice of the termination, the reason(s) for the termination, and an action plan for replacing the discharged employee with a person of equivalent training, experience, and talent. Contractor shall provide the BOR with a minimum of fifteen (15) Calendar Days advance written notice of any proposed changes under Contractor’s control or of which Contractor has notice to key staff, including the Account Director and Account Manager. Contractor shall replace any of the key staff for the BOR account with a person of equivalent or greater experience, knowledge and talent subject to approval by the BOR of such replacement.
(a) withhold any monies then or next due to Contractor; or, (b) obtain the services or their equivalent from a third party, pay the third party for same, and withhold the amount so paid to third party from any money then or thereafter due to Contractor; (c) withhold monies in the amount of any damage caused by any deficiency or delay in the services; or, (d) any combination of the above.
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