ACCESS AGREEMENT
THIS ACCESS AGREEMENT is made the day of 2007 BETWEEN:
(1)
of (‘the Customer)
(2)
Comensura Ltd (company registration number: 4085767) whose registered office is at 800 the
Boulevard, Capability Green, Luton, LU1 3BA (“the Comensura”); and
WHEREAS
(a)
The London Borough of Waltham Forest has appointed Comensura Ltd to act as Comensura (“the
Comensura”)
pursuant to their tender dated
(the “Tender”) for the provision of a Vendor Neutral
Temporary Staffing Service on a Managed Service Basis ("the Service") pursuant to a contractual as
mutually agreed by the parties (the “Contract”);
(b)
The Tender permits other public bodies to be able to access the terms and conditions of the Contract
should they wish to appoint the Comensura to deliver Services;
(c)
The Customer wishes to engage the Comensura under the Contract, and the Comensura agrees to
provide the Service in consideration for payment for the same in accordance with this Access
Agreement.
NOW IT IS HEREBY AGREED AS FOLLOWS
1.
In the event that the Customer contracts with the Comensura for the Service, the applicable Conditions
of Contract shall be those contained in the Contract between The London Borough of Waltham Forest
and the Comensura referred to in recital clause (a) above together with the terms and conditions of this
Access Agreement. For the avoidance of doubt, where there is any inconsistency or conflict between
the terms and conditions, the terms of this Access Agreement shall prevail.
2.
The Customer enters into a contract with the Comensura for its own benefit and at its own risk. The
London Borough of Waltham Forest shall not be liable for any loss or damage either direct or indirect
which the Customer suffers as a result of entering into a contract with the Comensura.
3.
The Customer agrees to reimburse the Comensura for the delivery of the Services in accordance with
the Pricing Schedule.
4.
The Customer shall comply with the Protocol set out in Appendix 1 to this Access Agreement.
5.
The Customer acknowledges that neither the Comensura nor any supplier has the obligation (or the
opportunity) to supervise, direct or control the manner, time or place of any Temporary Worker's work.
The Customer shall provide on behalf of the Comensura and the Panel Vendor sufficient supervision,
direction and control over the Temporary Worker throughout the Assignment.
6.
The Customer shall be responsible for the Health and Safety of the Temporary Workers whilst they are
under the Customer’s control and shall supply the Comensura with any pertinent Health and Safety
information relating to any Services.
7.
The Commencement Date for the provision of services by the Service Provider to the Customer and the
effective date of this Access Agreement shall be 2007
8.
Either party may terminate this Access Agreement for convenience at any time after the first twelve (12)
months of the Commencement Date by giving not less than one hundred and eighty (180) days written
notice of termination to the other party.
IN WITNESS of which the parties have executed this Contract under hand the day and year first before written
SIGNED by
[
insert name of Customer]
Authorised signatory
………………………………………………..…………
SIGNED on behalf of
Comensura
Limited
Authorised signatory
………………………………………………..…………
APPENDIX 1
PROTOCOL
Client Bodies will be responsible for managing their own local arrangements including contract reviews for their
own service delivery needs. As such Client Bodies will be required to:
a)
Agree the commercial details in the form of the Pricing Schedule.
b)
Sign the Comensura’s Project Charter setting forth the project plan details.
c)
Agree the local implementation of the contract and method and cost of any integration of
electronic systems between their own organisation and the Comensura where applicable.
d)
Identify a named officer (Contract Manager) who shall be a single point of contact for the
Comensura.
e)
Specify their own Job Descriptions and Person Specifications for Temporary Workers.
f)
Communicate to the Comensura any organisational policies or procedures that the Comensura,
Vendors or Temporary Workers will be required to observe in the delivery of the Services including any
requirements for the clearance checking of Temporary Workers and any documentation relating to
health and safety.
g)
Communicate any requirements for access to data relating to Temporary Workers.
h)
Specify individual requirements for the provision of Management Information reporting.
i)
Specify individual requirements for data release to law enforcement agencies.
j)
Be responsible for the payment of invoices issued by the Comensura in respect of the Services
delivered to them and to agree any local variations to invoicing requirements.
k)
Agree their own baseline against which savings will be calculated if applicable.
l)
Attend overarching contract review meetings as may be organised by the London Borough of
Waltham Forest from time to time.
m)
Manage locally any performance issues or continuous improvement actions.
Any service delivery requirements that are locally agreed relating to the above points and any other variations
to the Contract including Contract Standards and the Service Level Agreement should be recorded in Appendix
2 to this Document.
APPENDIX 2
LOCAL ARRANGEMENTS
[TBA on a case by case basis between the Comensura and The Customer]
PRICING SCHEDULE
[TBA on a case by case basis between the Comensura and The Customer]
SERVICE LEVEL AGREEMENT
Comensura KPIS
Target
Reporting Frequency
1 General
Supply of all temporary workers via
1.1 Comensura fully implemented by (Date
(TBC)
2 Confirmation of Orders
2.1 Confirmation of orders in 20 minutes
100% Weekly
3 Fulfillment
3.1 Immediate Fill
50% Weekly
3.2 Same Day Orders
80% Weekly
3.3 Next Day Orders
90% Weekly
3.4 Next Day +
95% Weekly
4 Background Checks/Audits
4.1 6 monthly audit programme to be in place
ensuring all agencies are audited every 6
months against the Comensura.net
Requirements Cards
100% 6 monthly
5 Provision of MI
5.1 MI to be provided
Weekly cost savings report:
100%
- Shift Fulfillment
- Order Justification
- Ordering Patterns
- Time Sheet Capture
- Hours worked by location
- Total hours worked
- Direct cost savings
Balanced Scorecard
100%
Agency Usage
100%
Hours worked by job title and site
100%
Spend per site
100%
6 Financials
6.1 One consolidated invoice to be provided
100% Weekly
7 Ordering Managers
100% of ordering officers identified,
contacted and invited to attend training on
7.1 Comensura system within 90 days of the
contract start date
8 Vendors
100% of existing vendors identified,
contacted and invited to attend training on
8.1 the Comensura system within 90 days of
the contract start date