ENQUIRY for the by chenmeixiu

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									                      INVITATION TO TENDER for the

   North Somerset Independent Domestic Violence (IDVA) Advisory
                             Service
                      REF: DA IDVA 2011 v2
____________________________________________________

        CONTENTS
1.      Enquiry Summary
2.      Submission Requirements
3.      Submission Conditions
4.      Schedules
              Schedule 1           Required Information and Tender Format
              Schedule 2           Pricing Specification
              Schedule 3           Specific Issues
              Schedule 4           Detailed Specification
              Schedule 5           Conditions of Contract
              Schedule 6           Tender Analysis
              Schedule 7           Freedom of Information Act 2000
              Schedule 8           TUPE Compliance (General) Employees
                                   and Employment Matters



1.       ENQUIRY SUMMARY

1.1     Overview of Our Requirement
The Community Safety and Drug Action Team, wish to continue the delivery
of an Independent Domestic Violence Advocacy (IDVA) service across
North Somerset.

The service will employ 2 full-time equivalent IDVAs to work throughout the
district to support high-risk victims, both male and female as detailed in
Schedule 4. The purpose of the service is to reduce risk and repeat
victimisation experienced by high risk victims of domestic abuse and to
improve identification of children at risk of harm.

This service must be running by the 01st of July 2011. If you cannot meet
this requirement you cannot be considered for this contract.

1.2      Commercial Requirements
1.2.1    You must provide all the information requested in the Submission
         Requirements. Failure to do so may disqualify your tender
1.2.2    All prices shall be fixed in pounds sterling delivered to the relevant
         locations and be inclusive of all duties. All prices shall be exclusive
         of VAT.
1.2.3    In order for us to assess comparative costs and technical content,
         you are required to provide a tender in accordance with this



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            specification. This does not preclude you from forwarding alternative
            specifications but any deviations from this specification must be
            identified as alternative options.
1.2.4       We shall not be bound to accept the lowest tender or any tender,
            and reserve the right to accept all or any part of the tender; neither
            shall we be responsible for or pay any expenses or losses which
            may have been incurred in the preparation of your tender. You shall
            not include any standard conditions by a general reference thereto
            or incorporate your own stationery with any conditions written or
            printed.
1.2.5       Your tender must remain valid for a period of at least three months.
1.2.6       Tender analysis will be weighted 60% quality 40% price. Additional
            information can be found in Schedule 6 – Tender Analysis
1.3         Contractual Requirements
1.3.1       All contractual requirements are contained within this document.
1.3.2       This contract will be governed by English law and are subject to the
            exclusive jurisdiction of the English Courts.
1.3.3       We may by written notice cancel the Contract and recover any
            resulting loss from you if you, your employees, agents or
            subcontractors with or without your knowledge has offered, given or
            agreed to give any person any gift or consideration of any kind as an
            inducement or reward for doing or not doing anything in relation to
            the obtaining of this or any other contract with us or for showing
            favour or not showing disfavour to any person in relation to this or
            any other contract with us.
1.3.4       We may by written notice cancel the Contract and recover any
            resulting loss from you if you, your employees, agents or
            subcontractors with or without your knowledge has committed an
            offence under the Prevention of Corruption Acts 1889 to 1916 or
            given any fee or reward the receipt of which is an offence under
            Section 117 of the Local Government Act 1972.
1.3.5 You shall comply with the meaning and the scope of the provisions of
             the Equality Act 2010
             the Health and Safety at Work Act 1974,
             the Management of Health & Safety at Work Regulations 1999

        and any other statutory modifications or enactments thereby and all
        other legislation.
1.3.6       We may by written notice cancel the Contract if you become
            bankrupt or being a company go into liquidation (other than for
            purposes of amalgamation or reconstruction) or suffer a receiver to
            be appointed or has an administration order made on you.
1.4     Additional Information
        For additional information please contact in writing:
        Louise Branch, Domestic Abuse Co-ordinator



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       Community Safety and Drug Action Team,
       59-61 Oxford Street, Weston-super-Mare BS23 1TR
        tel 01934 426343 louise.branch@n-somerset.gov.uk


1.5   Tender Submission
1.5.1 -

1.5.2 Your tender must be in our possession at North Somerset Council,
      Town Hall, Walliscote Grove Road, Weston-super-Mare, North
      Somerset, BS23 1UJ marked for the attention of the Solicitor to the
      Council by noon on the 22nd March 2011.
1.5.3 Your tender shall have the red label bearing the word TENDER
      enclosed with this Enquiry on the envelope.
1.5.4 There must be no indication as to the sender on the envelope.
1.5.5 Failure to follow these instructions may disqualify your tender.

2.    SUBMISSION REQUIREMENTS
2.1   General
2.1.1 Your tender is to follow the format laid down in Schedule One –
      Required Information and Tender Format.

2.1   Pricing
2.1.1 You must price to the format detailed in the schedules.

2.1.2 Your tender must be valid in its entirety for a period of 3 months.

2.2   Declaration of Intention to Sub-let
2.2.1 You are required to state in your tender the nature of any work you
      propose to sub-let and the proposed sub-contractors.

2.2.2 This declaration is required for information purposes only at this
      stage. In the event of a contract being issued to you as a result of this
      Enquiry, you will still be required to apply in writing to the Purchaser
      for permission to sub-let and the fact that this declaration is
      completed in no way implies the automatic approval or the granting of
      permission to sub-let the listed works.

3.    SUBMISSION CONDITIONS
3.1   Submission
3.1.1 The submission of a tender shall be on the basis that you have
      satisfied yourself with regards to all conditions likely to affect the
      supply or execution of the work. No claim by you for additional
      payment will be allowed on the ground of any misunderstanding or
      misapprehension in respect of all such matters.

3.1.2 You shall be deemed to have satisfied yourselves before submitting
      your tender as to the correctness and sufficiency of your tender for



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      the work and the prices shall cover all obligations under the supply
      and maintenance contracts and all matters and things necessary for
      the proper completion and execution of the supply and maintenance
      contracts.

3.3   Initial Confidentiality
3.3.1 All recipients of this Enquiry for the proposed contract must treat the
      details of the documents as strictly Private and Confidential (whether
      they submit a tender or not).

3.4   Ethical Trading
3.4.1 The Authority may by written notice cancel the Contract and recover
      any resulting loss from the Seller if the Seller, his employees, agents
      or subcontractors with or without his knowledge has offered, given or
      agreed to give any person any gift or consideration of any kind as an
      inducement or reward for doing or not doing anything in relation to the
      obtaining of this or any other contract with the Authority or for
      showing favour or not showing disfavour to any person in relation to
      this or any other contract with the Authority.

3.4.2 The Authority may by written notice cancel the Contract and recover
      any resulting loss from the Seller if the Seller, his employees, agents
      or subcontractors with or without his knowledge has committed an
      offence under the Prevention of Corruption Acts 1889 to 1916 or
      given any fee or reward the receipt of which is an offence under
      Section 117 of the Local Government Act 1972.

3.5   Equality and Diversity
3.5.1 We are an equal opportunities employer and service provider. You
      must also be an equal opportunities employer and service provider
      and comply fully with equal opportunities legislation and North
      Somerset council Equality and Diversity policies.

3.5.2 The Equalities Act 2010 imposes a statutory duty on local authorities,
      in carrying out their various functions, to have due regard to the need
      to:
       eliminate unlawful discrimination
       promote equality of opportunity
       promote good relations between people from different groups

3.5.3 Tenderers should note that the Council‟s equality requirements are
      included in contract conditions. The conditions require successful
      tenderers to provide information to the Council to enable it to see that
      the firm is complying with these contract conditions

3.6   Contractual Conditions
3.6.1 Conditions of contract will be as detailed in Schedule 5 - Conditions of
      Contract




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Schedule 1 - Required Information and Tender Format

You are to submit your tender in the following format with the required
information. Failure to do so may disqualify your tender.

1.    Tenderer Information
1.1   Registered Name
1.2   Registered Number
1.3   Company Head Office Address
1.4   VAT Registration Number
1.5   Information supplied by (name, position and e-mail address)

2.    Pricing
2.1   You are to submit your price in the format detailed within Schedule 2 -
      Pricing.
2.2   You are to submit this as a hardcopy and also as a file capable of
      being opened in Word / Excel.

3.    Specific Issues
3.1   You are to provide information as requested within Schedule 3 –
      Specific Issues

4.    Compliance with Specification
4.1   You are to confirm your compliance with Schedule 4- Detailed
      Specification.
4.2   You are to submit this as a hardcopy and also as a file capable of
      being opened in Word / Excel.

5.    Lead-time
5.1   The IDVA service is required to be operating in North Somerset from
      01st July 2011. If you cannot meet this requirement you cannot be
      considered for this contract.

6.    Acceptance of Conditions of Contract
6.1   Please confirm your unqualified acceptance of the Conditions of
      Contract contained within Schedule 5.

7.    Freedom of Information Act 2000
7.1   If you consider that the disclosure of any of the information included
      in your quotation would prejudice your legitimate commercial
      interests, or would result in the disclosure of any of your trade
      secrets, please identify such information in Schedule 4 and explain
      (in broad terms together with a time period after which the information
      could be disclosed) what harm may result from any disclosure by us
      pursuant to the Act. You must give a clear justification in writing why
      they prefer any information to be withheld.

7.2   Additional information is contained within Schedule 7.

8.    Payment Terms



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8.1      The contractor will be paid by monthly invoice 30 days from receipt
         via BACs

9.       Additional Information
9.1      You may supply any additional information that you consider to be relevant.


10.      Conflict of interest
10.1     Has any Director, partner or Associate or their relative been a serving
         Member of North Somerset Council or has ever been employed by
         the Council (if „yes‟, please give details)?

11.      Presentations
11.1     Those candidates whose provide the highest scoring tenders may be
         invited to present their proposal to a small number of North Somerset
         Council officers. This may be followed by a visit to your offices.

12.       Insurance
12.1      The level of liability insurance required on this contract is:
12.1.1    Public liability – minimum £5,000,000 for any one act or omission
12.1.2    Employer liability – minimum £5,000,000 for any one act or omission
12.1.3    Product liability – minimum £5,000,000 for any one act or omission
12.1.3    Professional liability – minimum £5,000,000 for any one act or
           omission

13.       TUPE
13.1      We have included obligations within the specification and contract
          conditions relating to workforce matters. See Schedule 8 and for
          further information the Code of Practice – Workforce Matters in
          Local Authority Service Contracts (2003) www.odpm.gov.uk. These
          obligations require the successful contractor to protect terms and
          conditions (including pensions) of transferring staff and to employ
          new-joiners on “terms and conditions which are, overall no less
          favourable than those of transferred employees” and to give them
          reasonable pension arrangements. Service providers will be
          required to take account of these obligations in preparing their
          tender and negotiating the contract.

13.2      The current contractors are i. the Novas Scarman group and ii.
          Victim Support Avonvale




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Schedule 2 – Pricing

You are to submit your prices in the following format with the required
information. Failure to do so may disqualify your tender.

Pricing


Please provide an hourly rate for each IVDA including all costs (travel,
training, accommodation, telephone, office costs etc) but exclusive of VAT.




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1. Schedule 3 – Specific Issues

            Service Management and Organisation

    1. Please detail how you will meet our contract requirements.
    2. Please detail any competitive advantages that you can bring to the
       administration of this contract to improve the effectiveness and
       efficiency of the service.
    3. Please state how your organisation can provide continuous
       improvement in the delivery of the contract.
    4. Please give details of your experience in delivering domestic abuse
       support services including work with high risk cases
    5. Please explain how your organisation would work in partnership with
       North Somerset agencies and demonstrate your experience of
       partnership working




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Schedule 4 – Detailed Specification
   4.1 Overview:
   The service will work in a multi agency context to improve the safety of
   domestic abuse victims in North Somerset by:

   •   Working with the police to assess the level of risk a victim faces and,
       where risk is assessed as high, accepting the case as a referral.
   •   Working with a service user at high risk and offering appropriate
       support in the short to medium term to include safety planning,
       options exploration, civil and criminal remedies, support through the
       criminal justice system (including attendance at the Specialist
       Domestic Violence Court) housing, immigration, welfare benefits,
       children‟s safety, education and well-being.
   •   Acting as advocates for victims of domestic violence and contributing
       to their risk management in conjunction with all the statutory
       authorities and the local community including representing the victim
       at the MARAC.
   •   Actively and positively engaging with other agencies, including
       statutory services, the existing domestic violence service outreach
       and refuge providers, to improve multi-agency responses to domestic
       violence and in particular playing an active part in multi agency risk
       management including MARACs.
   •   Helping service users to develop their own support network.
   •   Acting at all times in accordance with North Somerset Safeguarding
       Children and Safeguarding Vulnerable Adults procedures.


4.2 Service provision
   The provider will expected to employ 2 full time equivalent IDVAs to
   provide a flexible independent advice service for victims of domestic
   violence for 37 hours per week, Monday to Friday. The service will
   assess or reassess the risk faced by all victims referred to the service
   and will provide case work for an active caseload of up to 10-15 service
   users per IDVA at high risk, with capacity to provide ongoing support for
   longer term cases if required. The agreed assessment tools used by the
   North Somerset Multi Agency Risk Assessment Conferences (MARACs)
   will identify high-risk service users.

   The service will be run from the Weston Super Mare Police Station,
   Walliscote Road, Weston-super-Mare, Somerset BS23 1UU. NSC have
   agreed a fixed weekly premise cost of £15 per IVDA (payable by the
   service provider). This cost includes the rental of desk space only.
   Please allow for this cost in your tender submission.

   It is expected two members of staff will be responsible for the service. It
   is a statutory requirement that they have CAADA accreditation. (payable
   by the service provider)

   The current cost of CAADA IDVA accreditation is £2,794 full fee, £1,094
   supported fee. The existing IDVA, who is expected to be the subject of


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   TUPE, has already obtained CAADA accreditation and it is unlikely that
   significant CAADA training will be required for both IDVAs in year 2.
   Please allow for this cost in your tender submission.

   NSC have estimated that each IDVA will travel around 180 miles per
   week in order to fulfil their duties (payable by the service provider).
   Please allow for this cost in your submission.

   The provider will:

   •   Pro-actively attempt to contact the victim within one working day of
       receiving a formal referral from the police.
   •   Deliver a service based on managing risk for those identified as high
       risk throughout the district.

Where the victim is assessed as facing high risk:

          Develop and deliver an individual care plan for each service user
          Work with the service user on planning her/his safety and that of
           her/his children
          Work in accordance with safeguarding procedures, supporting
           partnership working between the service user and statutory
           agencies.
          Explain housing, civil and criminal legal options to the service user
           and work to ensure that the service user receives services to
           which she/he is entitled.
          Support the service user through the criminal justice system,
           explaining the procedures and her/his role and rights within the
           system, referring to Victim Support or the Witness Care Service
           as appropriate and attending the Specialist Domestic Violence
           Court as required.
          To consider the particular needs of each service user, for
           example, language support, mental health, substance misuse,
           employment support.
          Refer on and arrange meetings with other agencies/services as
           necessary.
          Keep other relevant agencies informed about relevant changes to
           the service user‟s situation.
          Refer to and advocate for the service user at the MARAC.
          Note and feedback any consistent difficulties service users are
           having in accessing services to the MARACs and police Domestic
           Abuse Investigation Team (DAIT)
          Maintain and update records of all cases, including initial referral
           and risk assessment, subsequent risk assessment, care and
           safety plans and action taken.
          Review cases on an ongoing basis to ensure that risk is managed
           and response is appropriate to the level of risk identified.
          work to meet other identified and assessed needs




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Where the victim is assessed as facing standard to medium risk (either at
point of referral or after case review) or is reassessed as no longer being at
high risk,
        • To refer her/him to other appropriate services, keeping a record of
           the risk assessment outcome, reason for referral and agency
           referred to.

4.3 Standards

The workers must be CAADA qualified or working towards this qualification.
The service should be working towards achieving CAADA Leading Lights
service standards as set out in “The Charter and Key Criteria for CAADA’s
Leading Lights Accreditation for IDVA Services” .
From the outset of the contract the contractor must be able to demonstrate
that its service achieves the following principles:
4.3.1. Safety: of the client, their children and any other vulnerable associate
and of the IDVA
4.3.2. Risk: the focus is to give premium service to high risk clients
4.3.3. Diversity: the project must respect the diversity of the North
Somerset community and apply anti-discriminatory practice to all aspects of
its work and support clients to access its service on an equitable basis
4.3.4. Dynamics of Domestic Violence: the service must have an
understanding of the nature of Domestic Violence
4.3.5. Independence: the service must work in partnership with other
agencies but maintain its independence from any particular agency
4.3.6. Accountability to Stakeholders: staff must be managed and
supported in their work, funds must be used in a transparent way and the
quality of the service maintained at all times
4.3.7. Co-ordination: the service must promote a co-ordinated response to
clients and work to improve policies, procedures and practices of all partner
agencies
4.3.8. Respect: all clients and staff must be treated with respect, dignity and
sensitivity.

4.4 Case load

It is expected that each IDVA will work with approximately 100 cases per
annum (10-15 live cases at any one time) in accordance with CAADA
guidelines. This workload will be monitored and may be adjusted by the
IDVA steering group.


4.5 Operational arrangements

The IDVAs will receive strategic direction through a steering group
consisting of:

   1. DAIT representative
   2. Domestic Abuse Co-ordinator
   3. Children and Young People‟s Services representative


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   4. Witness Service representative
   5. Manager of IDVA service

The group will meet regularly to receive reports on outputs under record
keeping, monitor outputs and outcomes, give guidance and support in
overcoming obstacles and decide upon the future direction of the service

All IDVAs will be expected to attend monthly MARACs, and weekly SDVCs
when required on rota, or to support individual service-user.

The IDVAs will be required to work at a location to be agreed to ensure
flexibility that meets the needs of and maintains the independent nature and
multi agency context of the service and which ensures that the service can
respond within the agreed time limits to referrals from areas throughout
North Somerset.


4.6 Referral process

Referrals are anticipated to come from the following:

       Police Domestic Abuse Investigation Team (DAIT)
       North Somerset MARACs
       Other agencies

The process will be agreed with the IDVA steering group.

4.7 Record keeping

It is required that case management records are kept to enable reporting to
SDVC requirements. These may vary by agreement of the IDVA steering
group, but will include:

   1.   Number of Police referrals received
   2.   Number of referrals from other agencies
   3.   Number of referrals successfully contacted in person or by phone.
   4.   Number of referrals receiving letter contact.
   5.   Number of cases meeting the definition of having engaged
   6.   Other indicators and performance indicators as required by the
        accountable body for the SDVC


4.8 Contract Monitoring
The contract will be monitored regularly by the IDVA steering group which
the contractor‟s manager is required to attend. Monitoring will use the
following methods:

Inspection measurement KPI‟s




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Reduction in Repeat incidents of domestic violence for cases which have
been to a MARAC in the previous 12 months and where a repeat is an
incident recorded as a crime by the police

Avon and Somerset Criminal Justice Board performance monitoring of North
Somerset Specialist Domestic Violence Court:
• Number of IDVA referrals
• % referrals engaging with the service
• % services users reporting domestic abuse to police
• % CJS proceedings commenced versus perpetrators




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Schedule 5 – Conditions of Contract
               NORTH SOMERSET DISTRICT COUNCIL
       GENERAL CONDITIONS OF CONTRACT FOR THE SUPPLY OF
                            SERVICES
                     ref: CC3 dated MAY 2005

1.            General
    In these Conditions, “the Authority” means North Somerset District
Council, “the Seller” means the supplier of such goods, “the Order” means
the Authority‟s purchase order for such goods and “the Contract” means the
contract, subject to these Conditions, arising from the Seller‟s acceptance of
the Order.
    These Conditions apply in preference to and supersede any terms and
conditions referred to, offered or relied on by the Seller whether in
negotiation or at any stage in the dealings between the Authority and the
Seller with reference to the services to which this Contract relates. Without
prejudice to the generality of the foregoing, the Authority will not be bound
by any standard or printed terms furnished by the Seller in any of its
documents, unless the Seller specifically states, in writing, separately from
such terms that it intends such terms to apply and the Authority
acknowledges such notification in writing.
No Contract is recognised in respect of services without the Authority‟s
properly issued purchase order number.
The Authority reserves the right to place orders for services to the same or
similar Specification with other suppliers or its own labour.
The headings to the clauses of these Conditions of Contract are for ease of
reference only and shall not affect the construction of this Contract.

2.     Variation
Neither the Authority nor the Seller shall be bound by any variation, waiver
of, or addition to these Conditions except as agreed by both parties in
writing and signed on their behalf.

3.      Specifications
The Seller shall ensure that the services comply in all respects with their
represented specification, capacity, performance level, supplied as
appropriate (hereinafter “Specification”) failing which the Authority shall be
entitled to reject in whole or in part the services and, at its discretion, receive
replacement services or full credit from the Seller.
The Authority shall be entitled at any time not later than five working days
prior to the specified date of delivery to vary the Specification. Any such
variations shall be at the Authority‟s reasonable expense and any
reasonable savings shall be passed on to the Authority.

4.     Fitness for Purpose
If the purpose for which the services are required is made known to the
Seller expressly or by implication the services shall be fit for that purpose.

5.     Price
       The prices stated in this contract are fixed and firm unless otherwise


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detailed within the contract documentation.

6.     Payment
Payment is due 30 days from the date of the Seller‟s VAT invoice for the
goods concerned subject always to any other period of payment that may be
agreed in writing with the Seller.
The Seller is only entitled to invoice the Authority on completion of service
delivery unless agreed otherwise in writing.
All invoices must clearly detail the Authority‟s purchase order number.
Failure to do so will result in non-payment.
The Authority shall be entitled to set against or deduct from any sum due to
the Seller the price of any rejected or defective services and any other sums
to which the Authority may be entitled as against the Seller under any
contract or agreement whatsoever.

7.     Rejection
If any of the services do not comply with the Contract including quantity,
quality or Specification, the Authority shall be entitled to reject those
services or any part of them at any time after service delivery, irrespective of
whether the Authority has accepted them. Any acceptance of such goods by
the Authority shall be without prejudice to any rights that the Authority may
have against the Seller.


8.       Intellectual Property Rights
Except to the extent that the services embody designs prepared by the
Authority, the Seller shall indemnify the Authority against all actions, losses,
liabilities, claims, costs and expenses arising from any infringement or
alleged infringement of any patent, registered design, trademark, copyright
or other protected right arising out of the delivery of the services
The Authority shall promptly notify the Seller of the bringing of any such
claim or proceedings and the Seller may at his own expense and on giving
reasonable security to the Authority deal with the same in the name of the
Authority provided the Seller takes over the conduct of all negotiations and
proceedings within fourteen days of the Authority‟s notification.

9.     Indemnity
    The Seller shall indemnify the Authority against all losses, liabilities,
claims, costs and expenses whether direct or consequential which the
Authority may suffer howsoever arising from the Seller‟s breach of any of its
obligations under this Contract.

10.     Assignment and Subcontracting
      The Seller shall not assign or transfer the whole or any part of this
         contract or subcontract the delivery of services under this contract
         without the prior written consent of the Authority (except for materials
         or for minor details).

11.  Insurance
The Seller shall indemnify the Authority against all losses, liabilities, claims,


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costs and expenses that may result from loss of or damage to any property
(including that of the Authority) or injury to or the death of any person
(including any employee of the Authority) that may arise out of any act or
omission of the Seller, his employees, agents or subcontractors in
connection with the Contract.
Except in respect of claims for personal injury or death or loss of or damage
to property conferring on a person other than the Authority a good cause of
action against the Seller the liability of the Seller arising under paragraph
12.1 for any one act or omission shall not exceed (unless otherwise
stipulated by the Authority prior to the Contract being entered into)
£5,000,000.
The Seller shall insure against his legal liability arising under paragraph 12.1
above. Such insurance shall extend to indemnify the Authority in the
minimum sum (subject to paragraph 12.4) of £5,000,000 unless otherwise
stipulated in writing by the Authority prior to the Contract being entered into.
Satisfactory evidence of such insurance and payment of the current
premium shall be shown to the Authority on request.
The insurance effected by the Seller under paragraph 12.3 in respect of his
employees shall be for a minimum of £5,000,000.

12.     Health & Safety
   The Seller shall provide all items necessary to ensure compliance with all
matters in respect of safety, health and welfare whether by statute or
otherwise.
   The Seller whilst engaged in the Contract or otherwise on the Authority's
premises will be subject to the conditions of the Authority's Health & Safety
Policy.   The Seller will at all times have regard to its duties and
responsibilities as laid down in the Act, and will comply in all respects with
the Act and any other relevant statutory provisions relating to health and
safety.

13.    Assignment and Sub-Contracting
    The Seller shall not assign this Contract and/or any benefit arising under
or out of this Contract.
The Seller shall not sub-contract the whole of the Contract.
The Seller shall not sub-contract any portion of the Contract.

14.     Identification of Seller‟s Employees
The Seller shall be required to make suitable arrangements (to be approved
by the Authority), so that its operatives are able to prove their identities at all
times, and that they are employed by the Seller and further to establish that
they are carrying out work under the Contract.
The Seller or the sub-contractor (as the case may be), shall be required on
arrival at any of the Authority‟s premises to sign the relevant Visitors‟ Book
and wear a Visitors Badge (where available) during their visit and before
leaving return the Visitors‟ Badge and sign out.


15.     No Smoking Policy
      Smoking will not be permitted anywhere on the Authority's premises


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including backyards and car parks.
    Any transgression of the no smoking policy will result in the exclusion
from the Authority‟s premises of the Contractor's employee, agent or sub-
contractor.

16.      Liquidated Damages
      Damages will be claimable by the Authority if the Works are not specified
      by the date agreed in the Contract or as extended in writing by the
      Authority.
      Damages shall be assessed at the rate prescribed in the Contract.


17.       New Acts
      If the Seller is a “contractor” within the meaning of the Acts, the Seller
      shall be required to produce for inspection a current valid tax exemption
      Certificate from the Inland Revenue, in default of which the Employer is
      required to deduct tax at the prescribed current rate on the value of work
      included in any certificate.
      The Seller shall in turn be responsible for satisfying himself as to the
      exemption status of all sub-contractors, and for making the appropriate
      tax deductions where required by the above Acts.

18.       Authority‟s Instructions
      All such written instructions shall be carried out forth-with by the Seller.
      Verbal instructions shall be confirmed in writing within seven days.
      The Authority may, without invalidating the Contract, issue instructions
      as to additions to, or omissions from, or other changes in the Works, or
      the order of period in which they are to be executed. Such instructions
      shall be valued on a fair and reasonable basis by the Authority.


23     Freedom Of Information Act 2000
23.1 The Contractor acknowledges that the Council is subject to the
       requirements of the FOIA and the Environmental Information
       Regulations and shall assist and cooperate with the Council (at the
       Contractor‟s expense) to enable the Council to comply with these
       information disclosure requirements.
23.2 The Contractor shall and shall procure that its sub-contractors shall:
23.2.1 Transfer any Request for Information to the Council‟s Freedom of
       Information Officer, currently Mr. P. Rooney, Corporate Information
       Manager, Town Hall, Weston-super-Mare, BS23 1UJ as soon as
       practicable after receipt and in any event within two Working Days of
       receiving a Request for Information;
23.2.2 Provide the Council with a copy of all Information in its possession or
       power in the form that the Council requires to fulfil a Request for
       Information within five Working Days (or such other period as the
       Council may specify) of the Council requesting that Information;
23.2.3 Provide all necessary assistance as reasonably requested by the
       Council to enable the Council to respond to a Request for Information
       within the time for compliance set out in section 10 of the FOIA.


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23.3   The Council shall be responsible for determining at its absolute
       discretion whether Information provided by the contractor is:
23.3.1 Exempt from disclosure under the FOIA and the Environmental
       Information Regulations;
23.3.2 To be disclosed in response to a Request for Information.
23.4 In no event shall the Contractor respond directly to a Request for
       Information unless expressly authorised to do so by the Council.
23.5 The Contractor acknowledges that the Council may, acting in
       accordance with the Department of Constitutional Affairs‟ Code of
       Practice on the Discharge of Functions of Public Authorities under
       Part I of the Freedom of Information Act 2000, be obliged under the
       FOIA, or the Environmental Information Regulations to disclose
       Information:
23.5.1 Without consulting with the Contractor; or
23.5.2 Following consultation with the Contractor and having taken its views
       into account.
23.6 The Contractor shall ensure that all Information produced in the
       course of the Contract or relating to the Contract is retained for
       disclosure and shall permit the Council to inspect such records as
       requested from time to time.
23.7 The Contractor acknowledges that any lists or schedules provided by
       it outlining Confidential Information are of indicative value only and
       that the Council may nevertheless be obliged to disclose Confidential
       Information in accordance with Clause 25.5.

25.8 Definitions
25.8.1"Confidential Information" means Information, the disclosure of which
       would constitute an actionable breach of confidence, which has either
       been designated as confidential by either Party in writing or that
       reasonably ought to be considered as confidential (however it is
       conveyed or on whatever media it is stored) including commercially
       sensitive information, information which relates to the business,
       affairs, properties, assets, trading practices, services, developments,
       trade secrets, Intellectual Property Rights, know-how, personnel,
       customers and suppliers of either Party and all personal data and
       sensitive personal data within the meaning of the Data Protection Act
       1998.
       or
        information included within the Freedom of Information Schedule of
      the tender or this contract.
25.8.2"Environmental Information Regulations" means the Environmental
       Information Regulations 2004.
25.8.3"FOIA" means the Freedom of Information Act 2000 and any
       subordinate legislation made under this Act from time to time together
       with any guidance and/or codes of practice issued by the Information
       Commissioner and departments of state in relation to such legislation.
25.8.4"Information" has the meaning given under section 84 of the
       Freedom of Information Act 2000;




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25.8.5"Requests for Information" shall have the meaning set out in the
       FOIA or any apparent request for information under the FOIA or the
       Environmental Information Regulations.

26.    Confidentiality
26.1 Each Party:
26.1.1 Shall treat all Confidential Information belonging to the other Party as
       confidential and safeguard it accordingly; and
26.1.2 Shall not disclose any Confidential Information belonging to the other
       Party to any other person without the prior written consent of the
       other Party, except to such persons and to such extent as may be
       necessary for the performance of the Contract or except where
       disclosure is otherwise expressly permitted by the provisions of this
       Contract.
26.2 The Contractor shall take all necessary precautions to ensure that all
       Confidential Information obtained from the Council under or in
       connection with the Contract:
26.2.1 Is given only to such of the Staff and professional advisors or
       consultants engaged to advise it in connection with the Contract as is
       strictly necessary for the performance of the Contract and only to the
       extent necessary for the performance of the Contract;
26.2.2 Is treated as confidential and not disclosed (without prior Approval) or
       used by any Staff or such professional advisors or consultants'
       otherwise than for the purposes of the Contract.
26.3 Where it is considered necessary in the opinion of the Council, the
       Contractor shall ensure that Staff or such professional advisors or
       consultants sign a confidentiality undertaking before commencing
       work in connection with the Contract.
26.4 The Contractor shall not use any Confidential Information received
       otherwise than for the purposes of the Contract.
26.5 The provisions of Clauses 26.1 to 26.4 shall not apply to any
       Confidential Information received by one Party from the other:
26.5.1 Which is or becomes public knowledge (otherwise than by breach of
       this Condition);
26.5.2 Which was in the possession of the receiving Party, without restriction
       as to its disclosure, before receiving it from the disclosing Party;
26.5.3 Which is received from a third party who lawfully acquired it and who
       is under no obligation restricting its disclosure;
26.5.4 Is independently developed without access to the Confidential
       Information; or
26.5.5 Which must be disclosed pursuant to a statutory, legal or
       parliamentary obligation placed upon the Party making the disclosure,
       including any requirements for disclosure under the FOIA, or the
       Environmental Information Regulations.
26.6 Nothing in this Condition shall prevent the Council:
26.6.1 Disclosing any Confidential Information for the purpose of:
26.6.1.1The examination and certification of the Council‟s accounts; or
26.6.1.2Any examination pursuant to Section 6 of the Audit Commission Act
         1998; or
26.6.1.3Any other purpose expressly required by or under any statute; or


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26.6.2 Disclosing any Confidential Information obtained from the Contractor
       to any person engaged in providing any services to the Council for
       any purpose relating to or ancillary to the Contract;
       Provided that in disclosing information under sub-paragraph b. the
       Council discloses only the information which is necessary for the
       purpose concerned and requires that the information is treated in
       confidence and that a confidentiality undertaking is given where
       appropriate.
26.7 Nothing in this Condition shall prevent either Party from using any
       techniques, ideas or know-how gained during the performance of the
       Contract in the course of its normal business, to the extent that this
       does not result in a disclosure of Confidential Information or an
       infringement of Intellectual Property Rights.
26.8 In the event that the Contractor fails to comply with this Condition, the
       Council reserves the right to terminate the Contract by notice in
       writing with immediate effect.
26.9 The provisions under this Condition are without prejudice to the
       application of the Official Secrets Acts 1911 to 1989 to any
       Confidential Information.

27     Adjudication/Arbitration
27.1   Any dispute of difference concerning this Contract arising between
       the Authority and the Seller, failing adjudications, shall be referred to
       arbitration and the final decision of a person to be agreed between
       the parties, or, failing agreement, to a person to be appointed, at the
       request of either party, by the President of Vice-President for the time
       being of the Institute of Arbitrators.

28     Legislation
28.1   The Seller shall comply with the meaning and the scope of the
       provisions of the Sex Discrimination Act 1975, the Race Relations Act
       1976, the Disabled Persons (Employment) Act 1944, the Health and
       Safety at Work Act 1974, the Consumer Protection Act 1987 and any
       other statutory modifications or enactments thereby and all other
       legislation.

29     Ethical Trading
29.1   The Authority may by written notice cancel the Contract and recover
       any resulting loss from the Seller if the Seller, his employees, agents
       or subcontractors with or without his knowledge has offered, given or
       agreed to give any person any gift or consideration of any kind as an
       inducement or reward for doing or not doing anything in relation to the
       obtaining of this or any other contract with the Authority or for
       showing favour or not showing disfavour to any person in relation to
       this or any other contract with the Authority.
29.2   The Authority may by written notice cancel the Contract and recover
       any resulting loss from the Seller if the Seller, his employees, agents
       or subcontractors with or without his knowledge has committed an
       offence under the Prevention of Corruption Acts 1889 to 1916 or
       given any fee or reward the receipt of which is an offence under


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       Section 117 of the Local Government Act 1972.

30     Termination
30.1   The Authority may by written notice cancel the Contract if the Seller
       becomes bankrupt or being a company goes into liquidation (other
       than for purposes of amalgamation or reconstruction) or suffers a
       receiver to be appointed or has an administration order made on it.

31     Confidentiality
31.1   The Seller shall keep confidential all information relating to the
       Authority and its business which it may gain as a result of carrying out
       the Contract or otherwise and not disclose the existence of the
       Contract other than as necessary for the performance of the Contract
       without the Authority‟s prior written consent.

32   Arbitration
32.1 Any dispute or difference as to the construction of the Contract
     documents or in any way arising out of, or incidental to, the Contract
     shall except insofar as is otherwise provided be determined by
     arbitration in accordance with the provisions of the Arbitration Act
     1950 or any statutory modification or re-enactment thereof for the
     time being in force.

33     Notices
33.1   Any notice to be given under the contract shall be in writing and shall
       be deemed to have been duly given if sent by first class post on the
       third day after and not counting the day of posting.

34     Law and Jurisdiction
34.1   This Contract shall be governed by English Law.


35     Racial discrimination and the promotion of race equality

35.1 The Contractor shall not:
35.1.1 discriminate directly or indirectly, or by way of victimisation or
       harassment,
       against any person on grounds of colour, race, nationality, or ethnic
       or national origins contrary to Part II (Discrimination in the Field of
       Employment) of the Race Relations Act 1976, as amended (the Act)
       (this includes a requirement to comply with section 7 of the Act where
       this is relevant to the contractor‟s dealings with sub-contractors);
       and/or
(a)    discriminate directly or indirectly or by way of victimisation or
       harassment against any person on grounds of colour, race,
       nationality, or ethnic or national origins contrary to Part III of the Act
       (Discrimination in Other Fields); and/or
(b)    contravene Part IV of the Act (Other Unlawful Acts);

       where appropriate.


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35.2   Where in connection with this Agreement the Contractor, its agents or
       subcontractors, or the Contractor Staff are required to carry out work
       on the Authority‟s premises (any premises and land occupied by the
       Authority for the purposes of carrying out its functions) or alongside
       the Authority‟s employees on any other premises, the Contractor shall
       comply with the Authority‟s own employment policy and codes of
       practice relating to racial discrimination and equal opportunities,
       copies of which are available on the Authority‟s website www.n-
       somerset.gov.uk
35.3 The Contractor shall notify the Authorised Officer forthwith in writing
       as soon as it becomes aware of any investigation of or proceedings
       brought against the Contractor under the Act.
35.4 Where any investigation is undertaken by a person or body
       empowered to conduct such investigation and/or proceedings are
       instituted in connection with any matter relating to the Contractor‟s
       performance of this Agreement being in contravention of the Act, the
       Contractor shall, free of charge:
35.4.1 provide any information requested in the timescale allotted;
35.4.2 attend any meetings as required and permit Contractor Staff to
       attend;
35.4.3 promptly allow access to and investigation of any documents or data
       deemed to be relevant;
35.4.4 allow itself and any Contractor Staff to appear as witness in any
       ensuing proceedings; and
35.4.5 cooperate fully and promptly in every way required by the person or
       body conducting such investigation during the course of that
       investigation.
35.5 Where any investigation is conducted or proceedings are brought
       under the Act which arise directly or indirectly out of any act or
       omission of the Contractor, its agents or subcontractors, or the
       Contractor Staff, and where there is a finding against the Contractor
       in such investigation or proceedings, the Contractor shall indemnify
       the Authority with respect to all costs, charges and expenses
       (including legal and administrative expenses) arising out of or in
       connection with any such investigation or proceedings and such other
       financial redress to cover any payment the Authority may have been
       ordered or required to pay to a third party.
35.6 In the event that the Contractor enters into any Subcontract in
       connection with this Agreement, it shall impose obligations on its
       Subcontractors in terms substantially similar to those imposed on it
       pursuant to this Clause 35.

36     Human Rights Act 1998
36.1   The Contractor shall comply in all respects with the provision of the
       Human Rights Act 1998 and will indemnify the Authority against all
       actions, costs, expenses, claims, proceedings and demands which
       may be brought against the Authority for breach of statutory duty
       under the Act attributable to the Contractor.



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Schedule 6 – Tender Analysis
1       We shall not be bound to accept the lowest Tender, or any Tender
        and reserve the right to accept all or any part of the Tender; neither
        shall we be responsible for or pay any expenses or losses which may
        have been incurred in the preparation of your Tender. You shall not
        include any standard conditions by a general reference thereto or
        incorporate their own stationery with any conditions written or printed.
2       This contract has a budget restriction and we reserve the right not to
        consider any tender whose price exceeds our budget.
3       Your tender will be assessed using the following weightings
        Quality       60%
        Price         40%
4       The Quality aspect of your tender will be assessed against
Contract element                           Weighting
Price                                      40% of total
Quality                                    60% of total, broken down into:
Schedule 3 answers:
    1. Please detail how you will          25%
       meet          our       contract
       requirements.
    2. Please detail any competitive
       advantages that you can bring       20%
       to the administration of this
       contract to improve the
       effectiveness and efficiency of
       the service.
    3. Please     state     how     your
       organisation      can     provide   5%
       continuous improvement in the
       delivery of the contract.
    4. Please give details of your
       experience       in    delivering   25%
       domestic       abuse      support
       services including work with
       high risk cases
    5. Please explain how your
       organisation would work in          25%
       partnership       with      North
       Somerset        agencies      and
       demonstrate your experience
       of partnership working




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                   Tender Analysis Scoring

Score 0 Where question not answered or response totally
        unsatisfactory. Poor response – Inadequate information.
Score 1 Where response only partially satisfies requirement (with
        significant deficiencies)
Score 2 Where response is very close to satisfying requirement
        (compliant with minor reservations)
Score 3 Where response completely satisfies requirement in full
Score 4 Response is compliant and innovative, exceeds
        expectations in some areas
Score 5 Exceptional response and / or exceeds specified
        requirements in all areas




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Schedule 7 – Freedom of information Act 2000
1.    North Somerset Council is a “public authority” for the purposes of the
      Freedom of Information Act 2000 („the Act”) and the Environmental
      Information Regulations 2004.
2     Accordingly, certain of the information submitted to us by you may
      need to be disclosed in response to a request made by a third party
      under the Act. We may also decide to include certain information in
      the publication scheme which it is required to maintain under the Act.
3     If you consider that the disclosure of any of the information included
      in your tender would prejudice your legitimate commercial interests,
      or would result in the disclosure of any of your trade secrets, please
      identify such information in Schedule 4 and explain (in broad terms
      together with a time period after which the information could be
      disclosed) what harm may result from any disclosure by us pursuant
      to the Act. You must give a clear justification in writing why they
      prefer any information to be withheld.
4     We will consider all parts of the tender outside of the separate
      schedule to be appropriate to place in the public domain at the end
      of the tendering procedure.
5     Please be aware that, even where information is included in the
      separate schedule mentioned at 3 above, we may still be required to
      disclose it under the Act if the application of the statutory tests by us
      following receipt of a request for information under the Act requires
      this, or if there is a successful appeal to the information
      commissioner.
6     We recognise the legitimate commercial concerns of suppliers and
      when we consider it reasonably practicable to do so within the
      statutory timetable, will try to consult with you before disclosing
      information in the separate schedule pursuant to the Act. But the
      final decision will rest with us.
7     Information on the Freedom of Information Act 2000 can be found at
      www.informationcommissioner.gov.uk




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Schedule 8 - TUPE Compliance (General) Employees and Employment
Matters


1.1     Application of TUPE
1.1.1   The Authority and the Contractor agree that where the identity of a
        provider (including the Authority) of any service which constitutes or
        which will constitute one of the Services is changed pursuant to this
        Agreement (including upon termination of this Agreement) then the
        change shall constitute a Relevant Transfer.
1.1.2   On the occasion of each Relevant Transfer except a Relevant
        Transfer upon termination of this Agreement, the Contractor shall
        and shall procure that any new contractor of the relevant service
        shall comply with all of its obligations under the Regulations and the
        Directive in respect of the Relevant Employees.
1.2     Emoluments and outgoings
1.2.1   The Authority shall be responsible for or shall procure that any other
        employer of a Relevant Employee is responsible for all
        remuneration, benefits, entitlements and outgoings in respect of the
        Relevant Employees, including without limitation all wages, holiday
        pay, bonuses, commissions, payments of PAYE, national insurance
        contributions, pension contributions and otherwise, up to the date of
        the Relevant Transfer.
1.2.2   The Contractor shall be responsible for all remuneration, benefits,
        entitlements and outgoings in respect of the Relevant Employees,
        including without limitation all wages, holiday pay, bonuses,
        commission, payment of PAYE, national insurance contributions,
        pension contributions and otherwise, from and including the date of
        the Relevant Transfer.
1.3     Pensions
        The Contractor shall ensure that all Transferring Employees and/or
        Transferring Original Employees are offered membership of the
        pension scheme of which they were, or were eligible to be,
        members prior to the Transfer Date or are afforded pension rights
        which are certified by the Government Actuary Department [or by a
        professionally qualified actuary] as being broadly comparable to the
        terms of the pension scheme of which they were, or were eligible to
        be, members prior to the Transfer Date.
1.4     Contractor to inform Authority of any Measures
        The Contractor shall within 10 working days of receiving a request
        from the Authority, furnish to the Authority any information deemed
        by the Authority necessary concerning any measures (within the
        meaning of the Regulations and the Directive) that the Contractor
        intends to take in relation to any Relevant Employee and shall
        indemnify the Authority against all losses, costs, claims, demands,




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        actions, fines, penalties, liabilities and expenses (including legal
        expenses) in relation to any breach of this obligation.
1.5     Indemnities
1.5.1   The Contractor shall indemnify the Authority from and against all
        losses, costs, demands, actions, fines, penalties, awards, liabilities
        and expenses (including legal expenses), which the Authority shall
        take all reasonable steps to mitigate, in connection with or as a
        result of any claim or demand by any Relevant Employee arising out
        of the employment of or termination of the employment of any
        Relevant Employee provided that this arises from any act, fault or
        omission of the Contractor in relation to any Relevant Employee, on
        or after the date of the Relevant Transfer.
1.5.2   The Contractor shall indemnify and hold harmless the Authority from
        and against all losses, costs, claims, demands, actions, fines,
        penalties, awards, liabilities and expenses (including legal
        expenses) which the Authority shall take all reasonable steps to
        mitigate, in connection with or as a result of any claim by any trade
        union or staff association or employee representative (whether or
        not recognised by the Contractor in respect of all or any of the
        Relevant Employees) arising from or connected with any failure by
        the Contractor to comply with any legal obligation to such trade
        union, staff associated or other employee representative whether
        under Regulation 10 of the Regulations, under the Directive or
        otherwise and, whether any such claim arises or has its origin
        before or after the date of the Relevant Transfer.
1.5.3   The Contractor shall indemnify the Authority from and against all
        losses, costs, claims, demands, actions, fines, penalties, awards,
        liabilities and expenses (including legal expenses) which the
        Authority shall take all reasonable steps to mitigate, in connection
        with or as a result of any claim by any Relevant Employee that the
        identity of the Contractor or Sub-Contractor is to that Relevant
        Employee‟s detriment or that the terms and conditions to be
        provided by the Contractor or any Sub-Contractor or any proposed
        measures of the Contractor or any Sub-Contractor are to that
        employee‟s detriment whether such claim arises before or after the
        Transfer Date.




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2.      TUPE COMPLIANCE ON TERMINATION
2.1     Handover on termination
2.1.1   During the 12 months preceding the expiry of this Agreement or
        after the Authority has given notice to terminate this Agreement or at
        any other time as directed by the Authority, and within 15 working
        days of being so requested by the Authority, the Contractor shall
        fully and accurately disclose to the Authority any and all information
        in relation to all personnel engaged in providing the Services
        including all Relevant Employees who are to transfer as a
        consequence of a Relevant Transfer as the Authority may request,
        in particular but not necessarily restricted to any of the following:
        (a)   a list of employees employed by the Contractor;
        (b)   a list of agency workers, agents and independent contractors
              engaged by the Contractor ;
        (c)   the total payroll bill (i.e. total taxable pay and allowances
              including employer‟s contributions to pension schemes) of
              those personnel;
        (d)   the terms and conditions of employment of the Relevant
              Employees, their age, salary, date continuous employment
              commenced and (if different) the commencement date,
              enhancement rates, any other factors affecting their
              redundancy entitlement and any outstanding claims arising
              from employment.
2.1.2   The Contractor shall warrant the accuracy of all the information
        provided to the Council pursuant to clause 2.1.1 and authorises the
        Authority to use any and all the information as it may consider
        necessary for the purposes of its business or for informing any
        tenderer for any services which are substantially the same as the
        Services (or any part thereof).
2.1.3   During the 12 months preceding the expiry of this Agreement or
        where notice to terminate this Agreement for whatever reason has
        been given, the Contractor shall allow the Authority or such other
        persons as may be authorised by the Authority to communicate with
        and meet the Relevant Employees and their trade union or
        employee representatives as the Authority may reasonably request.
2.1.4   During the 12 months preceding the expiry of this Agreement or
        where notice to terminate this Agreement for whatever reason has
        been given, the Contractor shall not without the prior written consent
        of the Authority unless bona fide in the ordinary course of business:
        (a)   vary or purport or promise to vary the terms and conditions of
              employment of any employee employed in connection with the
              Services;
        (b)   [materially] increase or decrease the number of employees
              employed in connection with the Services; or




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        (c)   assign or redeploy any employee employed in connection with
              the Services to other duties unconnected with the Services.
2.2     Indemnities
        The Contractor shall indemnify the Authority and any new contractor
        appointed by the Authority and keep the Authority and any new
        contractor appointed by the Authority indemnified in full from and
        against all direct, indirect or consequential liability, loss, damages,
        injury, claims, costs and expenses (including legal expenses) which
        the Authority and any new contractor appointed by the Authority
        shall take all reasonable steps to mitigate, awarded against or
        incurred or paid by the Authority or any new contractor appointed by
        the Authority as a result of or in connection with the employment or
        termination of employment of any employee of the Contractor during
        any period prior to the date of expiry or termination of this
        Agreement.
2.3     Sub-contractors
        In the event that the Contractor enters into any sub-contract in
        connection with this Agreement, it shall impose obligations on its
        Sub-Contractor in the same terms as those imposed on it pursuant
        to this clause 2 and shall procure that the Sub-Contractor complies
        with such terms. The Contractor shall indemnify the Authority and
        keep the Authority indemnified in full from and against all direct,
        indirect or consequential liability, loss, damages, injury, claims,
        costs and expenses (including legal expenses) awarded against or
        incurred or paid by the Authority as a result of or in connection with
        any failure on the part of the Sub-Contractor to comply with such
        terms.
3.      APPLICATION OF CODE TO NEW EMPLOYEES
3.1     New Employees
3.1.1   The Authority and the Contractor shall have regard to the Code in
        interpreting and applying the Code Obligations.
3.1.2   Subject to clause 3.1.4, the Contractor shall employ New
        Employees on terms and conditions of employment which are,
        overall no less favourable than those of the Transferring Employees
        engaged in the provision of the Services who are working alongside
        and holding the same or a similar position to that of the New
        Employees.
3.1.3   The Contractor shall consult with the recognised trade unions and
        where there is no recognised trade union any other employee
        representative body on the terms to be offered to the New
        Employees pursuant to clause 3.1.2.
3.1.4   In addition to its obligations under clause 3.1.2 above, the
        Contractor shall procure that the New Employees are offered either:
        (a)   membership of the Local Government Pension Scheme; or




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        (b)   membership of a good quality employer pension scheme,
              being a contracted-out final salary based defined benefit
              scheme, or a defined contribution scheme under which the
              employer must match employee contributions up to 6 per cent;
              or
        (c)   a stakeholder pension scheme, under which the employer
              matches employee contributions up to 6 per cent.
3.2     ADR and other code obligations relating to new employees
3.2.1   During the term of this Agreement, the Contractor shall on request
        by the Authority provide the Authority with accurate and complete
        information as soon as reasonably practicable, including the terms
        and conditions of employment of the Transferring Employees and
        the New Employees, where this is required to monitor the
        Contractor‟s compliance with its Code Obligations.
3.2.2   The Contractor shall support any central Government sponsored
        review and monitoring programme on the impact of the Code and on
        request by the Authority provide the Authority with accurate and
        complete information as soon as reasonably practicable in order to
        assist the Authority in doing this.
3.2.3   The Authority and the Contractor shall in the first instance seek to
        resolve by discussions between them any complaints from any
        employee or any recognised trade union in relation to compliance by
        the Contractor of its Code Obligations.
3.2.4   Where it appears to the Authority or the Contractor that it is not
        possible to resolve the matter by continuing discussions between
        them pursuant to clause 3.2.3 or where an employee of the
        Contractor or any recognised trade union writes to the Authority to
        confirm that it has been unable to resolve its complaint directly with
        the Contractor in relation to the Contractor‟s Code Obligations:
        (a)   the Authority shall first write to the Contractor to seek an
              explanation for the alleged failure by the Contractor to comply
              with its Code Obligations. The Contractor shall provide such
              an explanation in writing within 5 working days of receipt of the
              request from the Authority;
        (b)   if the response provided by the Contractor satisfies the
              Authority that the Code Obligations have been met, then the
              Authority will inform the complainant of this and the matter will
              be deemed to have been concluded;
        (c)   in the event that the Authority is not satisfied with the response
              provided by the Contractor the Authority shall write to the
              Contractor within 5 working days to require the Contractor to
              take immediate action to resolve this dispute; and
        (d)   if, following such a request by the Authority the Contractor still
              appears to the Authority not to be complying with its Code
              Obligations, the matter shall de dealt with in accordance with
              the Dispute Resolution Procedure.


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DEFINITIONS


“Code”                   means the Code of Practice on Workforce
                         Matters in Local Authority Service Contracts as
                         currently contained in ODPM Circular 3/03 Annex
                         D;


“Code Obligations”       means the express obligations of the Contractor
                         in Clause 2 (other than that in Clause 3.1.1)
                         which derive from the Code;


"Directive"              means the EC Acquired Rights Directive 77/187
                         as amended;


“Dispute Resolution Procedure” means the ADR agreed under the Code;


"First Contractor"       means the person with whom the Authority
                         initially contracted for the provision of services
                         which are similar to the Services;


"Intervening Contract"   means a contract with the Authority for the
                         provision of services which are similar to the
                         Services, at times after they were provided under
                         a contract with the First Contractor and before
                         they are to be provided by the Contractor;


“Local Government Pension Scheme” means the Local Government
                       Pension Scheme established pursuant to
                       regulations made by the Secretary of State in
                       exercise of powers under sections 7 and 12 of
                       the Superannuation Act 1972 as amended from
                       time to time;


“New Employees”          means those new employees employed by the
                         contractor to provide the services who will be
                         working alongside the transferring employees;


“Original Employee”      means those employees of the authority who as
                         a result of the application of the regulations, in
                         relation to what was done for the purposes of
                         carrying out the contract between the authority


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                          and the first contractor, became employees of
                          someone other than the authority;


“Regulations”             means the Transfer of Undertakings (Protection
                          of Employment) Regulations 1981 as amended
                          or modified from time to time;


"Relevant Employees"      means the employees who are the subject of a
                          Relevant Transfer;


“Relevant Transfer”       means a relevant transfer for the purposes of the
                          Regulations;


“Services”                means the whole of the services or any of them
                          to be provided by the contractor pursuant to this
                          agreement or such of them as may from time to
                          time remain the subject of this agreement;


“Sub-Contractor”          means a person to whom the contractor sub-
                          contracts any of its obligations under this
                          agreement


“Transfer Date”           means the date the Transferring Employees are
                          transferred to the employment of the Contractor
                          and the date that the Transferring Original
                          Employees are transferred to the employment of
                          a subsequent contractor;


"Transferring Employee" means an employee of the Authority whose
                        contract of employment becomes, by virtue of the
                        application of the Regulations in relation to what
                        is done for the purposes of carrying out this
                        contract between the Authority and the
                        Contractor, a contract of employment with
                        someone other than the Authority;


“Transferring Original Employee” means an Original Employee


                          (a) whose contract of employment becomes, by
                              virtue of the application of the Regulations in
                              relation to what is done for the purposes of
                              carrying out a contract between the Authority


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   and the Contractor, a contract of employment
   with someone other than his existing
   employer, and


(b) whose contract of employment on each
    occasion when an Intervening Contract was
    carried out became, by virtue of the
    application of the Regulations in relation to
    what was done for the purposes of carrying
    out the Intervening Contract, a contract of
    employment with someone other than his
    existing employer.




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