The Mayor and Burgesses of the London Borough of LambethS... · (b) The Council shall within 14 days either agree the detail of the invoice or make such adjustment as it considers

The Mayor & Burgesses of the London Borough of Lambeth 1

CONTRACT

Between

The Mayor and Burgesses of the London Borough of Lambeth

And

XX


THE CONTRACT The Contract shall comprise the following:

A. The Conditions of Contract comprising: 1 Appointment 2 Definitions & Interpretations 3 Contract Term 4 The Service Provider's obligations 5 The Service Provider’s Representative 6 The Council's obligations 7 The Council’s Authorised Officer 8 Service Provision 9 Quality 10 Staffing 11 Price and Payment 12 VAT 13 Confidentiality and Intellectual Property 14 General Indemnity 15 Insurance 16 Conflict of Interest 17 Monitoring of the Contract 18 Termination 19 Termination consequences 20 Delivery up of documents on termination 21 TUPE 22 Force Majeure 23 Status of the Service Provider 24 Anti-fraud and Corruption 25 Variations 26 Data Protection and Freedom of Information 27 Equal Opportunities 28 Health and Safety 29 Licence to Occupy Premises 30 Property 31 Policy documents 32 Complaints in Respect of Service Provision 33 Disputes 34 Best Value & Policy Themes 35 Committee Meetings and other meeting 36 Local Authority Functions 37 Waiver 38 Supersedes prior agreements 39 Entire Contract 40 Notices 41 Assignment and Sub-Contracting 42 Third Parties 43 Governing Law A. The Service Specification (Appendix 1) B. Payment Schedule (Appendix 2) C. Employee Data (Appendix 3) D. Licence (Appendix 4)


CONTRACT FOR the management and delivery of the Adventure Playground services at 7 sites to be provided by XX.

THIS CONTRACT is made the 3rd

day of XX BETWEEN XX

AND

(1) The Mayor and Burgesses of the London Borough of Lambeth, Lambeth Town Hall, Brixton Hill, London SW2 1RW (the Council)

1 Appointment 1.1 The Council wishes to commission the service provider to provide the Adventure

Playground services in agreement with the Conditions, the Service Specification, Schedules and Appendices herewith.

(CONDITIONS OF CONTRACT) 2 Definitions & Interpretations 2.1 Definitions Authorised Officer means XX, or any person whose name has been notified in

writing by or on behalf of the Council to the Service Provider in accordance with Clause 7.

Commencement Date shall be the date the Service Provider first delivers the

Services to the Council Contract means the Contract entered into by the Council and the

Service Provider embodied in the Conditions of Contract and the Contract Documents

Contract Documents mean the Terms and Conditions of Contract, the tender

documents any submissions made by the Service Provider together with the schedules and appendices

Contract Standard means such standards as complies in each and every

respect with all relevant provisions of the Contract Documents and where to the extent that no criteria are stated in the Contract the standard is to be to the entire satisfaction of the Authorised Officer and in any event to the following standards:

§ in a good, safe and efficient manner in accordance with good practice and highest professional standards

§ in accordance with all relevant provisions of the Contract Documents;


§ in accordance with all applicable statutes, statutory instruments, rules, regulations and bye-laws;

§ in a manner which shall not cause the image and reputation of the Council to be diminished in any way;

§ in accordance with all applicable standards including the British Standards Institute and equivalent EC standards;

Council means the Council of the Mayor and Burgesses of the

London Borough of Lambeth, Lambeth Town Hall, Brixton Hill, London SW2 1RW

Force majeure means:

§ acts of war § acts of God § decrees of Government § riots § civil commotion; and § any event or circumstance beyond the control of, or

unpreventable by, the affected party other than any labour dispute between the Service Provider and his staff or the failure to provide the Services by any of the Service Provider’s sub-contractors.

Instruction means a written order to provide the Services or any

part thereof as described therein; Personal Data means data within the meaning of the Data Protection

Act 1998 Schedules mean the Schedules and appendices attached to these

Conditions Services means the works and Services required to provide the

outcomes set out in the Specification at Schedule 1 and which are to be delivered by the Service Provider

Service Provider has the same meaning as means XX and its staff,

agents and sub-contractors Service Provider's Representative means the person who is to represent the Service

Provider appointed pursuant to clause 5.1. The Tender Brief sets out the outline specification of the Services Term means the period the Services shall be provided by the

Service Provider from the Commencement of the Services to the completion of all work required under the Contract.

Variation has the meaning ascribed to it in Condition 22


2.2 Interpretation a. Words in the singular include the plural and vice versa; b. Words in the masculine include words in the feminine and vice versa c. Words importing individuals shall be treated as importing corporations and vice

versa; d. Headings are for ease of reference only and shall not affect the construction of the

Contract; and e. Reference to any enactment, order, regulation or other similar instrument shall be

construed as a reference to such enactment, order, regulation or instrument as amended or re-enacted by any subsequent enactment, order, regulation or instrument.

3 Contract Term 3.2 This means the period from XX to XX unless terminated in accordance with clause

18 of this Contract. 3.3 The Council gives no guarantee and accepts no liability in respect of the volume or

value of work Instructions or orders which will be placed by the Authorised Officer or other officer during the term of the contract.

3.4 This Contract does not constitute an exclusive agreement between the parties and

the Council shall be entitled to employ other persons to provide the Services. 4 The Service Provider's obligations 4.1 During the Term the Service Provider shall devote such of his time attention and

abilities to the provision of the Services as required in these Conditions and Schedules

4.2 The Service Provider shall comply with the reasonable direction of the Authorised

Officer and use his best endeavours to provide the Service 4.3 The Service Provider shall at all times comply with the requirements of the Health

and Safety at Work, etc. Act. 1974, the Management of Health and Safety at Work Regulations 1992 (including the provision by the Service Provider of a copy of its risk assessment under these Regulations when requested by the Council), and of other Acts, Regulations, Orders or rules of law pertaining to health and safety. The Service Provider shall also ensure the health and safety of members of the public, the Council's servants, agents and contractors

4.4 The Service Provider agrees that the Council shall own all reports and other

documents and all other intellectual property produced by the Service Provider under this Contract and shall own all publication rights. The Service Provider shall indemnify the Council against all costs and damages associated with infringements of intellectual property rights in relation to the Services provided by the Service Provider.

4.5 The Service Provider shall, at all times during the Term, assign to the Services the

sufficient, qualified and experienced servants and agents to ensure that the Services are provided in accordance with the Contract Standard.

4.6 The Service Provider shall as may be necessary or desirable co-operate, liaise with

and co-ordinate its activities with those of any other Service Provider or sub-Contractor employed directly or indirectly by the Council and shall provide the


Services in harmony with and at no detriment to any other service provided by or on behalf of or to the Council. If the Service Provider or its servants or agents default in complying with this Condition then any consequent costs, expenses, liabilities or damages incurred by the Council, may be deducted from any sums due or to become due to the Service Provider under this Contract or shall be recoverable from the Service Provider by the Council as a debt.

4.7 The Service Provider, upon the formation of the Contract and at all times throughout

the Contract Term, warrants and represents to and undertakes with the Council in the terms set out in the Instructions for Tendering.

5 The Service Provider’s Representative 5.1 The Service Provider shall appoint a senior person as a representative empowered

to act on behalf of the Service Provider for all purposes connected with the Contract. Such appointment or any further appointment shall be subject to the approval of the Council. The Service Provider's Representative shall not be replaced without the prior written approval of the Council, such approval not to be unreasonably withheld. Any notice, information, Instruction or other communication given to the Service Provider's Representative shall be deemed to have been given to the Service Provider.

5.2 The Service Provider shall forthwith give notice in writing to the Authorised Officer of

the identity, address and telephone numbers of any person authorised to act for any period as deputy for the Service Provider's Representative and when such deputy ceases to be so authorised.

5.3 The Service Provider shall ensure that the Service Provider's Representative, or a

competent deputy authorised by the Service Provider, is present at all work-places of the Service Provider, where work in connection with the Services is being carried out, and available to meet the Authorised Officer or representatives at all reasonable times.

6 The Council's obligations 6.1 In consideration of the services to be rendered by the Service Provider under this

Contract the Council shall pay the Service Provider as set out below and up to a limit of the Budget, as follows:-

(a) The Service Provider shall submit to the Council invoices every two months

setting out the payment for each type of work together with a record detailing the work carried out, in accordance with the prices tendered and;

(b) The Council shall within 14 days either agree the detail of the invoice or make

such adjustment as it considers necessary. If the Council agrees the details of the invoice and the work record it will arrange payment, which will be made within a further 30 days.

(c) Where the Council disputes the amounts entered on an invoice the parties shall

discuss the differences and the Service Provider may submit such further information as required to agree payment. In the event of no agreement being reached clause 33 of this contract shall apply.

(d) Once agreed, the Service Provider shall submit corrected Invoice as agreed

pursuant to clause 6.1.a, above


6.2 The Service Provider agrees that in the event of the Service Provider failing to

comply with the requirements as set out in the Schedules the Council reserves the right to demand part or full repayment of the sums paid to the Service Provider and shall not be liable to pay any subsequent sums agreed in the Schedules.

7 The Council’s Authorised Officer 7.1 The Authorised Officer shall be the XX or such other person nominated in writing by

the Council from time to time to act in the name of the Council for the purposes of the Contract.

7.2 The Authorised Officer shall have power to issue instructions to the Service Provider

on any matter relating to the provision of the Service and the Service Provider shall comply therewith.

7.3 From time to time the Authorised Officer may appoint one or more representatives to

act for him/her generally or for specified purposes or periods. Immediately any such appointment is made, the Authorised Officer shall give written notice thereof to the Service Provider.

7.4 For the avoidance of doubt, the Authorised Officer and his/her deputies and the

Instructing Officers shall be entitled to monitor the performance of the Services. 7.5 If any clarification of the powers and duties of individual officers is required by the

Service Provider then this shall be sought in writing from the Authorised Officer. 8 Service Provision 8.1 The Service Provider shall supply the services during the Contract period XX to XX in

accordance with the Council’s requirements as set out in the Specification and the provisions of the Contract in consideration of the payment of the Contract Price. The Council may inspect and examine the manner in which the Service Provider provides the Services at the Premises during normal business hours on reasonable notice.

8.2 If the Authorised Officer informs the Service Provider in writing that the Council

reasonably believes that any part of the Services does not meet the requirements of the Contract or differ in any way from those requirements, and this is other than as a result of a Default by the Council, the Service provider shall at its own expense re-schedule and carry out the Services in accordance with the requirements of the Contract within such reasonable time as may be specified by the Council.

8.3 Subject to the Council providing written consent to the Service Provider to enter the

council premises for the purpose of delivering the Services in accordance with Appendix 4, timely supply of the Services shall be of the essence of the Contract, including in relation to commencing the supply of the Services within the time agreed or on a specified date.

9 Quality 9.1 The Service Provider shall at all times comply with the Quality Standards, and where

applicable shall maintain accreditation with the relevant Quality Standards authorisation body. To the extent that the standard of Services has not been specified in the Contract, the Service Provider shall agree the relevant standard of the Services with the Council prior to the supply of the Services.


9.2 Where the Service Provider considers that the Services may be performed more effectively by changing the staff or the method of work laid down in the Tender Response, it shall so notify the Authorised Officer in writing. If the Authorised Officer agrees that the tasks and standards laid down in the Specification will be performed more effectively, then a Variation Order shall be issued to amend the Method Statement.

10 Staffing 10.1 The Service Provider shall use their best endeavours to ensure that all Staff

supplying the Services shall do so with all due skill, care and diligence and shall possess such qualifications, skills and experience as are necessary for the proper supply of the Services.

10.2 The Service Provider shall comply with Staff Vetting Procedures in respect of all

persons employed or engaged in the provision of the Services. The Service Provider confirms that all persons employed or engaged by the Service Provider were vetted and recruited on a basis that is equivalent to and no less strict than the Staff Vetting Procedures.

10.3 The Service Provider warrants that where the Services require the Service Provider

to come into regular contact with children or vulnerable adults, he and her staff and sub-contractors will have undergone appropriate checks with the Criminal Records Bureau and that the results of those checks were satisfactory.

10.4 The Service Provider shall ensure that no person who discloses that he/she has a

Relevant Conviction, or is found by the Service provider to have a Relevant Conviction (whether as a result of a police check or through the Criminal Records Bureau check or otherwise) is employed or engaged in the provision of any part of the Services.

10.5 The Service Provider shall implement its own safeguarding policies that shall comply

with the Children Act 1989 and 2004, and shall at all times follow best professional practice in relation to London Child Protection Procedures.

10.6 The Service Provider must adopt safe working practices for all employees/volunteers

deployed under this agreement so that the Service Users receive a safe and honest service free from physical, sexual emotional and financial exploitation such practices to include the disclosure of convictions in accordance with the Rehabilitation of Offenders Act 1974 (Exemptions) Order 1975 by any employee or volunteer providing services for children and the clearance by such employee/volunteers of the full enhanced CRB checks.

10.7 The Service Provider must notify the Council in writing within a reasonable timescale

of any matters concerning staffing i.e. recruitment, vacant posts including start and end dates, long term absences which may result from litigation or any disciplinary action.

10.8 The Council agrees to second the employees listed in Appendix 3 to the Service

Provider on their existing employment terms and conditions as set out in the Appendix. The Council will assume responsibility for the employment costs for the employees listed in Appendix 3.

11 Price and Payment


11.1 In consideration of the Service Provider providing the Service in accordance with the Contract, the Council shall pay to the Service Provider the amounts set out in schedule 1 and in accordance with the provisions of the Contract. The Council duly reserves the right to withhold any payments regarding failure on the part of the provider to deliver the service as detailed in the conditions of the contract, specification schedules and appendixes.

11.2 Payment of the Agreement Sum will be made in advance by three equal payments

every two months (or pro rata during the year) due on: Schedule 1

Year Payment 1 Payment 2

Payment 3 Total

2011/12

11.3 The Service Provider shall submit invoices for these amounts to the Council’s

authorised officer (unless advised to the contrary):

XX 11.4 The Council shall pay such amounts it fairly and reasonably considers being properly

due to the Service Provider pursuant to the terms of this Contract within 30 days of the date of the Service Provider’s invoice sent together with such statements including the quarterly claim form as the Council may require from time to time.

11.5 Payment will be made subject to sufficient monitoring information being received that

duly satisfies council requirements as set out in the terms and conditions of the Contract (section 15) and service specification.

11.6 In cases where the Authorised Officer disagrees with the amounts entered on the

invoice, the Service Provider will be contacted to discuss the differences and to give the service provider an opportunity to submit such further information as required to agree payment to be made.

12 VAT 12.1 All sums payable under this Contract unless otherwise stated are exclusive of VAT

and other duties or taxes. 13. Confidentiality and Intellectual Property 13.1 The Service Provider shall not at any time during or after the Term divulge or allow to

be divulged to any person any confidential information relating to the functions or affairs of the Council to a third person.

13.2 The Service Provider shall not use for their own purposes or for any other purposes

other than those of the London Borough of Lambeth any information of a confidential nature, which they may acquire or may have acquired in relation to the business or affairs of the Council.

13.3 The Service Provider shall not make any public statement or press release in

connection with this Contract (including the fact that it is party to this Contract) without the prior written approval of the Council, except where it is contained in any submission to any other public body in response to an invitation to tender from that public body.


13.4 Each party shall immediately upon discovery notify the other party of any

unauthorised use or disclosure of Confidential Information and will co-operate in every reasonable way to help regain possession of the Confidential Information or to prevent its further unauthorised use.

13.5 The Service Provider shall return all originals, copies, reproductions and summaries

of Confidential Information as requested by the Council. 14 General Indemnity 14.1 Subject to 14.2 and 14.3 each party shall indemnify and keep indemnified the other

party from and against any and all loss, damage or liability (whether criminal or civil) suffered [and legal fees and costs incurred] resulting from a breach of this Contract including:

(a) any act neglect or default of the other party or its servants or agents; and (b) breaches in respect of any matter arising from the supply the Services resulting

in any successful claim by any third party 14.2 Each party shall be liable in the event that its negligence causes the death of or

injury of any person. 14.3 Neither party shall be liable for any consequential losses, including but not

exclusively, loss of profit, earning, income, business, goodwill, savings opportunities, reputation or associated costs to the other party howsoever caused.

15 Insurance 15.1 The Service Provider shall maintain at its own cost a policy of insurance, to cover its

liability in respect of any act or default for which it may become liable to indemnify the Council under the terms of this Contract in the following minimum sums:

(a) Employers’ liability of £10,000,000 (ten million) (b) Public liability of £10,000,000 (ten million) (c) Professional indemnity of £5,000,000 (five million)

15.2 The Service Provider shall provide the insurance policies to the Authorised Officer on

request 16 Conflict of Interest 16.1 Upon becoming aware of any possible conflict of interest that may arise between the

interest of the Council and any other of the Service Provider’s client, the Service Provider shall notify the Authorised Officer immediately and shall take all reasonable steps to remove or avoid the cause of any such conflict to the satisfaction of the Authorised Officer.

17 Monitoring of the Contract 17.1 The Council and the Service Provider shall together complete an initial Contract

Implementation Review Form 90 days after the Commencement Date and at reasonable intervals thereafter.

17.2 Each review shall test the provision of the Services against the Key Performance

Indicators. Any failure to achieve the Key Performance Indicators shall be regarded


as a Default. The Key Performance Indicators shall be formed by agreement between the Service Provider and the Council based on the Contract Documents.

17.3 To the extent reasonably necessary to monitor the provision of the Services, the

Authorised Officer shall have the right to access and inspect the Service Provider’s work places, records and documents, technology, resources, systems, and procedures, and to interview any of the Service Provider’s servants or agents

13.4 The Service Provider shall as soon as reasonably practicable provide the Authorised

Officer with any information relating to the carrying out of the Services which the Authorised Officer may reasonably request.

18 Termination 18.1 Either party may terminate this Contract by giving 90 day’s notice in writing. In the

event that the Contract is terminated pursuant to this condition then the Council will not be obliged to pay to the Service Provider any further sums other than sums owing for Services rendered.

18.2 The Council may terminate the Contract forthwith if: 18.2.1 It is of the reasonable opinion that the Service Provider is in default in the

performance or observance of any term or condition of the Contract.

(a) It is of the opinion that the Service Provider has failed to perform the Services specified in the Contract or has failed to do so to the Contract Standard and that such failure is incapable of remedy.

(b) The Service provider has failed to remedy a failure to perform the Services or

has failed to remedy a failure to provide the Service to the Contract Standard including the standard required by the Schedules or these conditions of Contract in the time required to remedy such failure as expressed in writing to the Service Provider.

(c) If the Services have not been provided at the time set out in the Schedules (d) The Service Provider or any employee of the Service Provider or any person

acting on behalf of the Service Provider has: I. given any fee or reward the receipt of which is an offence under sub-section (2)

of Section 117 of the Local Government Act 1972; II. at any time during the tendering process (i.e. from the date of the publication of

the notice seeking expressions of interest to the date of the award of the Contract), directly or indirectly canvassed any member or official of the Council concerning the acceptance of any proposal in respect of the Contract;

III. directly or indirectly obtained or attempted to obtain information from any member or official of the Council concerning any other proposal submitted by any other person in respect of the formation of the Contract;

IV. committed, or attempted to commit, or failed to prevent, any offence under, but not limited to, the Acts of Parliament listed in Condition 19.2.

(e) The Service Provider compounds or arranges with his creditors whilst insolvent

or is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986.


(f) A mortgagor take possession of the whole or a substantial part of the Service Provider’s property or assets or an administrator is appointed to the same.

(g) An order is made, or a resolution passed, for the winding up of the Service

Provider.

19 Termination consequences 19.1 In the event of the Contract being terminated for the reasons contained in clause

18.2 above the Council will:

(a) cease to be under any obligation to make further payment until the costs, loss and/or damage resulting from or arising out of the termination of the Service Provider's engagement shall have been calculated; and

(b) be entitled to employ and pay other persons to provide and complete the

provision of the Services or any part thereof; and (c) be entitled to deduct from any sum or sums that would but for this Condition

have been due from the Council to the Service Provider under this Contract or any other contract or agreement, or be entitled to recover the same from the Service Provider as a debt, together with any consequent loss or damage to the Council. Such loss or damage will include the reasonable costs to the Council of the time spent by its officers in terminating the Contract, and in making alternative arrangements for the provision of the Services or any part thereof; and

(d) calculate the cost of any loss and/or damage and other costs arising from the

Council's termination of the Contract and deducts the same from any sum or sums, which may otherwise be due to the Service Provider. The Council will pay to the Service Provider any balance shown as due to the Service Provider or if appropriate will recover any balance shown due to the Council as debt.

19.2 The rights of the Council under this Condition are in addition to and without prejudice

to any other rights the Council may have against the Service Provider. 19.3 The termination of the Contract, howsoever arising, will be without prejudice to any

rights or obligations theretofore accrued or to any provisions which are expressed to be performed after or to survive the termination of this Contract.

20 Delivery up of documents on termination 20.1 The Service Provider or his personal representative shall upon the termination of his

engagement immediately deliver up to the Council all correspondence documents specification papers and property belonging to the Council which may be in his possession or under his control.

21 Transfer of Undertaking 21.1 The Council and the Service Provider confirm that no employees or secondees of

the Council will transfer to the Service Provider under this Contract.

Indemnities

21.2 The Council indemnifies the Service Provider against all liabilities, costs,

expenses, damages and losses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and


other reasonable professional costs and expenses) suffered or incurred by the Service Provider arising out of or in connection with any claims by, or ongoing costs from employing any seconded or former employees of the Council if any such individuals are deemed to have transferred to the Service Provider under the Transfer of Undertakings (Protection of Employment) Regulations 2006 or if any such person pursues any claim that they have transferred under TUPE.

Application of Transfer Regulations on expiry or termination 21.3 During the period of three months preceding the expiry of the Contract or after the

Council has given notice to terminate the Contract or the Service Provider stops trading, and within 20 working days of being so requested by the Council, the Service Provider shall fully and accurately disclose to the Council for the purposes of TUPE all information relating to its employees engaged in providing Services

under the Contract, in particular, but not necessarily restricted to, the following:

(a) the total number of Staff whose employment with the Service Provider is liable to be terminated at the expiry of this Contract but for any operation of law; and

(b) for each person, age and gender, details of their salary, and pay settlements covering that person which relate to future dates but which have already been agreed and their redundancy entitlements (the names of individual members of employed Staff do not have to be given); and

(c) full information about the other terms and conditions on which the affected Staff are employed (including but not limited to their working arrangements), or about where that information can be found; and

(d) details of pensions entitlements, if any; and

(e) job titles of the members of Staff affected and the qualifications required for each position.

21.4 The Service Provider shall not during the period of three months prior to the date of termination of the Services:

(i) Undertake a reorganisation of staff employed in performance of the Services (whether by way of recruiting additional employees, dismissing or re-deploying staff or otherwise), other than in accordance with a scheme which has been submitted to and approved in writing by the Council;

(i) Award any pay rise, which exceeds the annual rate of inflation without

first having obtained the written consent of the Council; or

(iii) Agree or implement any alteration to the terms and conditions on which staff are employed in provision of the Services without first having obtained the written consent of the Council.

21.5 The Service Provider shall permit the Council to use the information for the purposes of TUPE and of re-tendering. The Service Provider will co-operate with


the re-tendering of the Contract by allowing the Transferee to communicate with and meet the affected employees and/or their representatives.

21.6 The Service Provider agrees to indemnify the Council fully and to hold it harmless at all times from and against all actions, proceedings, claims, expenses, awards, costs and all other liabilities whatsoever in any way connected with or arising from or relating to the provision of information under Clause 21.3.

21.7 In the event that the information provided by the Service Provider in accordance with Clause 21.3 above becomes inaccurate, whether due to changes to the employment and personnel details of the affected employees made subsequent to the original provision of such information or by reason of the Service Provider becoming aware that the information originally given was inaccurate, the Service Provider shall notify the Council of the inaccuracies and provide the amended information.

21.8 In the event that the Service Provider enters into any sub-contract in connection with this Contract, it shall impose obligations on its Sub-Contractor in the same terms as those imposed on it pursuant to this clause and shall procure that the Sub-Contractor complies with such terms. The Service Provider shall indemnify the Council and keep the Council 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 Council as a result of or in connection with any failure on the part of the Sub-Contractor to comply with such terms.

22 Force Majeure 22.1 If either party fails to carry out their respective obligations under this Contract as a

result of force majeure by reason of any fire, earthquake, flood, epidemic, accident, explosion, casualty, civil disturbance, act terrorism of public enemy, natural catastrophe, embargo war or act of or law of any executive or judicial orders, then that party shall not be liable under this Contract for such failure provided the affected party shall have given the other notice that such failure is the result of force majeure within 2 Working Days of such failure occurring.

22.2 If an event of force majeure occurs then the Council and the Service Provider shall

meet to discuss how best to continue to provide the Services until the force majeure event ceases, which may include the Council providing the Service Provider with assistance, where possible.

22.3 The Service Provider shall draft a plan to make sure that its organisation continues to

operate under even very difficult circumstances. The Council shall approve and add to this plan and it shall become the Business Continuity Plan.

23 Status of the Service Provider 23.1 During the Term the Service Provider shall be an independent Service Provider and

not the servant of the Council and the Service Provider must not represent to anyone, nor allow any of his employees or agents to represent to anyone, that they are agents or servants of the Council.

23.2 In such capacity The Service Provider shall bear exclusive responsibility for the

payment of his national insurance contributions as a self-employed person and for


discharge of any income tax and VAT liability arising out of remuneration for his work performed by him under this Contract.

24 Anti-fraud and Corruption 24.1 It is the duty of the Service Provider to be aware of the Council’s policies and codes

of conduct to combat fraud and corruption perpetuated by employees abusing their position and by others who may attempt to obtain the Council’s assets or services to which they are not entitled. In this respect the Service Provider should seek advice from the Chief Internal Auditor, Olive Morris House, Brixton Hill London SW2 1RW

24.2 The Service Provider shall have adequate procedures in place to prevent fraud,

bribery, money-laundering and corruption in line with legislation including, but not limited to, the Public Bodies Corrupt Practices Act 1889, the Prevention of Corruption Acts 1906 – 1916, the Terrorism Act 2000, the Proceeds of Crime Act 2002, the Money Laundering Regulations 2007, and the Bribery Act 2010.

24.3 The Service Provider shall implement adequate procedures, policies and rules on

corporate entertainment and gifts, and shall ensure that its staff receives training in relation to those policies and rules.

24.4 The Service Provider Immigration shall comply with the conditions of employing

foreign nationals under the Asylum and Nationality Act 2006. 25 Variations 25.1 A variation to this Contract (including to the scope and nature of the Services) shall

only be valid if it has been agreed in writing and signed by both parties. 25.2 If either party wishes to vary this Contract then it shall set out in writing and serve on

the other the nature of the variation sought and the reasons for it. 25.3 If either party receives a written request to vary then within 28 days of receipt it shall

notify the other whether or not it agrees to the variation and if not, the reasons. 25.4 The Service Provider shall not make a Variation or supply work not specified without

the written authority of the Authorised Officer. 26 Data Protection and Freedom of Information 26.1 The Service Provider warrants that it will lawfully process in accordance with the

provisions of the Data Protection Act 1998 (DPA) any Personal Data that it has or shall obtain under this Contract

26.2 In relation to personal data provided by the Council to the Service Provider the

Council is the Data Controller of the personal data and the Service Provider is the Data Processor of the personal data and the Service Provider, its servants and sub-contractors shall at all times comply with the instructions of the Council and in accordance with the law.

(a) Shall only undertake processing of Personal Data reasonably required in

connection with the services provided under this Contract and shall not transfer or disclose any Personal Data to any third party other than to the extent required under a court order or by law.


(b) Shall use all reasonable endeavours to ensure that its relevant sub-contractors comply with this Condition 22. The Service Provider shall be entirely responsible for the compliance of its sub-contractors to this clause.

(c) Shall bring into effect and maintain all reasonable technical and organisational

measures necessary to prevent unauthorised or unlawful processing of Personal Data and accidental loss or destruction or damage to Personal Data, and

(d) Shall ensure that any Personal Data it obtains and provides to the Council has

been lawfully obtained and complies with the DPA and that the use thereof in accordance with this Contract shall not breach any of the provisions of the DPA.

(e) Upon notice that the Council is required to provide information to a data subject

under the DPA, or other information requested under the Freedom of Information Act 2000 (FOIA) held or under control of the Service Provider, the Service Provider warrants to use all reasonable endeavours to help the Council meet its obligations under the Acts.

(f) The Service Provider shall take reasonable precautions (having regard to the

nature of its obligations under this Contract) to preserve the integrity of any Personal Data.

(g) On termination of this Contract for any reason the Service Provider shall

immediately cease all processing of the Personal Data and shall return to the Council in a format specified by the Council (or destroy as the Council may request in its discretion) all Personal Data processed by it on the Council’s behalf.

26.3 The Service Provider shall indemnify the Council against any loss or damage, which

the Council may sustain or incur as a result of any breach by the Service Provider of the provisions of this condition

26.4 The Council has a number of obligations under the Freedom of Information Act 2000

to provide information of its functions where a person has made a request, unless the Freedom of Information Act 2000 exempts the requested information from such provision. The Service Provider and his Sub-Contractors shall co-operate with the Council in respect of any request affecting or related to the provision of the Services by among other things providing written responses to requests as required by the Authorised Officer.

27 Equal Opportunities 27.1 The Service Provider shall use all reasonable endeavours to comply with all statutory

provisions, statutory instruments, rules, regulations and bye-laws relating to equality and discrimination including, but not limited to, the Equal Pay Act 1970, Sex Discrimination Act 1975, Race Relations Act 1976, and Disability Discrimination Act 1995, the Equality Act 2010 and shall take all reasonable steps to ensure that its employees or agents do not discriminate against any person because of their sex, marital status, colour, race, nationality or ethnic origin, or on the grounds of their disability.

27.2 In the event that any finding of unlawful discrimination by the Service Provider during

the Contract period of 3rd

October – 31st March 2012, or of an adverse finding in any


formal investigation, the Service Provider shall inform the Council of this finding and the steps it proposes to take to prevent repetition of the unlawful discrimination.

27.3 The Service Provider shall provide such information as the Council may reasonably

request for the purpose of assessing the Service Provider's compliance with this clause 27.

28. Health and Safety 28.1 The Service Provider and/or Sub-Contractors shall, in performing the Services,

operate safe working and monitoring systems as far as is reasonably practicable which protects the Personnel, the Councils staff and all other persons including members of the public against accidents or risks to health and safety.

28.2 The Service Provider shall make necessary arrangements to ensure that competent

health and safety assistance is available to its organisation and that those arrangements, and any revision of those arrangements, are supplied to the Authorised Officer.

28.3 The Service Provider shall allow for all necessary precautions for safe working

conditions and ensure by means of competent supervision, adequate training and information and monitoring that all unavoidable risks are identified and fully assessed sufficiently to permit:

a) safe methods of working and a safe place of work b) effective emergency or contingency arrangements c) provision and maintenance of adequate personal d) provision and maintenance of adequate welfare/health surveillance e) provision and maintenance of safe work equipment facilities f) compliance with all relevant health and safety legislation and approved

codes of practice

28.4 The Service Provider shall notify the Authorised Officer in writing of all major and

time lost accidents to the workforce in carrying out services under this contract within 24 hours after the occurrence.

28.5 The Service Provider shall immediately report any injuries or incidents or near

misses (which have the potential to cause injury,) to any person including the Personnel, Council's staff and members of the public within 24 hours, and forward copies of all relevant notifications to the Health and Safety Executive shall be sent to the Authorised Officer.

29 Licence to Occupy Premises 29.1 Any land or Premises made available to the Service Provider by the Council in

connection with the Contract, shall be made available to the Service Provider on a non-exclusive licence basis and shall be used by the Service Provider solely for the purpose of performing its obligations under the Contract. The Service Provider shall have the use of such land or Premises as licensee and shall vacate the same on completion, termination or abandonment of the Contract.


29.2 The Service Provider shall limit access to the land or Premises to such Staff as is

necessary to enable it to perform its obligations under the Contract and the Service Provider shall co-operate (and ensure that its Staff co-operate) with such other persons working concurrently on such land or Premises as the Council may reasonably request.

29.3 The Service Provider shall (and shall ensure that its Staff shall) observe and comply

with such rules and regulations as may be in force at any time for the use of such Premises as determined by the Client, and the Service Provider shall pay for the cost of making good any damage caused by the Service Provider or its Staff other than fair wear and tear. For the avoidance of doubt, damage includes damage to the fabric of the buildings, plant, fixed equipment or fittings therein.

29.4 The Parties agree that there is no intention on the part of the Client to create a

tenancy of any nature whatsoever in favour of the Service Provider or its Staff and that no such tenancy has or shall come into being and, notwithstanding any rights granted pursuant to the Contract, the Council retains the right at any time to use any premises owned or occupied by it in any manner it sees fit.

30 Property 30.1 The Property shall be and remain the property of the Council and the Service

Provider irrevocably licences the Council and its agents to enter upon any premises of the Service Provider during normal business hours on reasonable notice to recover any such Property.

30.2 The Property shall be deemed to be in good condition when received by or on behalf

of the Service Provider unless the Service Provider notifies the Council otherwise within 5 Working Days of receipt.

30.3 The Service Provider shall maintain the Property in good order and condition

(excluding fair wear and tear), and shall use the Property solely in connection with the Contract and for no other purpose without prior Approval.

30.4 The Service Provider shall ensure the security of all the Property whilst in its

possession, either on the Premises or elsewhere during the supply of the Services, in accordance with the Council’s reasonable security requirements as required from time to time.

30.5 The Service Provider shall be liable for all loss of, or damage to, the Property

(excluding fair wear and tear), unless such loss or damage was caused by the Council’s Default. The Service Provider shall inform the Council within [2] Working Days of becoming aware of any defects appearing in, or losses or damage occurring to, the Property.

31 Policy documents 31.1 The Service Provider shall ensure that its staff are fully conversant with and abides

by all of the Council’s policies which are relevant to the performance of the Services including, but not limited to, equality and diversity, environment, child protection.

32 Complaints in Respect of Service Provision 32.1 The Service Provider shall in his/her Submission outline the system proposed for

dealing with complaints from members of the public, Council officers and members.


32.2 The Service Provider shall deal with any complaints received from whatever source

in a prompt, courteous and efficient manner and shall keep a written record of all complaints received and of the action taken in relation to such complaints. Such records shall be kept available for inspection by the Authorised Officer at all reasonable times. The Service Provider shall notify the Authorised Officer forthwith in writing of all complaints received and of all steps taken in response thereto.

33 Disputes 33.1 If any dispute or difference arises out of this Contract the parties shall meet and

attempt to resolve all such disputes or differences. If within 30 days such disputes or differences cannot be resolved then the parties with the assistance of the Centre for Dispute Resolution seek to resolve the dispute or difference amicably by using an alternative dispute resolution (“ADR”) procedure acceptable to both parties.

33.2 If either party fails or refuses to participate in the ARD procedure or in the event the

dispute or difference is not resolved to the satisfaction of both parties within 30 days after it has arisen, the dispute or difference shall be referred to a sole arbiter appointed under the Rules of the Chartered Institute of Arbitrators.

34 Best Value & Policy Themes 34.1 The Service Provider shall provide to the Authorised Officer a programme setting out

how he shall provide such continuous improvement to the Services throughout the life of the contract in line with the Council’s duties under the provision of the Local Government Act 1999. These duties include the obligation to make arrangements for continuous improvement in the way in which its functions are exercised. The Authorised Officer shall review the programme, pricing, rates and volumes and may require the Service Provider to amend it, make additions to it or omissions from it. The Service Provider shall comply with such reasonable requirements by the Authorised Officer at the Service Provider’s cost. The Service Provider shall assist and co-operate with the Council and its partners in any general audit made under the Local Government Act 1999 and the Local Government and Public Involvement in Health Act 2007.

35 Committee Meetings and other meeting 35.1 The Service Provider shall, when required and on giving reasonable notice attend

Council and committee meetings, meetings of the Executive, meetings with members of task forces and other meetings, including but not limited to Scrutiny Committees. When required the Service Provider shall supply written reports to committees, the Executive and other bodies with the Council. If questions are asked of the Service Provider at such meeting the Service Provider answer truthfully and accurately shall use his best endeavours to include all relevant matters either orally at the meeting or at such a time as may be directed by the committee or other body.

36 Local Authority Functions 36.1 Nothing in this Contract shall prejudice or affect our rights, powers, duties and

obligations in relation to the exercise of our functions as a local authority. 37 Waiver 37.1 Failure by either party to enforce at any time or for any period any one or more of the

terms or conditions of this Contract shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Contract, nor shall such failure create an estoppel.


38 Supersedes prior agreements 38.1 This Contract supersedes any prior contracts or agreements between the parties to

provide the services whether written or oral and any such prior contracts or agreements are cancelled as at the Commencement Date but without prejudice to any rights that have already accrued to either of the parties

39 Entire Contract 39.1 Each party acknowledges that this Contract, its schedules and any amendments or

variations that may be agreed in writing by both parties, contains the whole agreement between parties relating to the subject matter of the Contract.

40 Notices 40.1 Any notice or other communications requiring to be served under or in connection

with the Contract shall be in writing and shall be delivered to the registered offices at the addresses stated in the Contract or as otherwise specified in the Contract

40.2 Any such notice shall be delivered by hand or sent by recorded first class post and

shall conclusively be deemed to have been given or received at the time of delivery. 40.3 The parties shall comply with the terms of any notice specifying a breach of the

provisions in the Contract and requiring the breach to be remedied. 41 Assignment and Sub-Contracting 41.1 The Council shall be entitled to assign the benefit of the Contract or any part thereof

and shall give written notice of any assignment to the Service Provider. 41.2 The Service Provider shall not:

(a) assign the Contract or any part thereof or the benefit or advantage of the Contract or any part thereof;

(b) sub-contract the provision of the Services or any part thereof to any person

without the prior written consent of the Authorised Officer. Such consent shall be at the discretion of the Authorised Officer and, if given, shall not relieve the Service Provider from any liability or obligation under the Contract. The Service Provider shall be responsible for the acts, defaults or neglect of any sub-contractor, its employees or agents in all respect as if they were the acts, defaults or neglect of the Service Provider.

42 Third Parties 42.1 Neither party intends to confer any right or benefit upon a third party and for the

avoidance of doubt, the provisions of the Contract (Rights of Third Parties) Act 1999 are expressly excluded from this Contract.

43 Governing Law 43.1 This Contract shall be governed by English law.


IN WITNESS of which the parties have executed this Contract as follows: Signed for and on behalf of the Council Print name Signature Print name Signature Signed for and on behalf of the Service Provider Print name Signature


The above endings are for expenditure under £100K. If the value over the three years exceeds £100K then the agreements have to be under seal In witness of which the Parties have executed this Deed. London Borough of Lambeth THE COMMON SEAL OF THE ) MAYOR AND BURGESSES OF ) THE LONDON BOROUGH OF ) LAMBETH: ) Authorised Officer................................................................................................... In the case of a Limited Company: Signed as a DEED by (Name of Company)................................................................................. Registered Office.................................................................................................... Acting by a Director and its Secretary or two Directors: Director ................................................................................. (signature) Director/Secretary ..................................................................... (signature) In the case of a charity: Print Name ............................................................................................. as a DEED in the presence of: Witness Signature ............................................................................................. Witness Name.................................................................................................... Address ....................................................................................................... Occupation .......................................................................................................


Appendix 1

SERVICE SPECIFICATION

1.0 Background to the Requirement

1.1 The Council maintained Adventure Playground service is a non-statutory service providing play and out of school hour’s activities for 5-16 year olds from 7 sites managed by the council. The Adventure Playgrounds are located within areas of high or medium to high deprivation, and as such they serve communities of high need, with high levels of disadvantaged socio-economic groups. Most adventure playgrounds serve the local communities in the centre and north of the borough, with one site in the south of the borough.

1.2 This year as a result of a reduction in the council’s funding, there has been a

reduction of 65% in the council managed APG budget, which will lead to the implementation of a new service model from September.

1.3 The Adventure Playground service is an early adopter of the Lambeth Cooperative

Council programme, with the intention that the management of the service is externalised from April 2012. The consultation with users and project planning is underway in an effort to change the management model of the service from April 2012. Based on the current timelines, the Council will only therefore need to plan to deliver the service up until March 2012.

1.4 Following a reshaping exercise within the department, from September there will be a

significant reduction to the Council’s APG staffing levels. As the majority of the APG are vacant, in order to continue service delivery to April 2012, interim management arrangements need to be put in place pending the introduction of a new model of service delivery within the co-operative council framework from April 2012.

1.5 The tender is to commission the management and delivery of the Adventure

Playground services at 7 sites, including the provision of staffing, programming, health and safety, risk management and performance management.

1.6 The Council will second the APG play staff including 4 play workers who have been

assimilated into the new reduced hours posts during the term of this Contract. Overview of the service 1.7 The Adventure Playground service provides opportunities for children and young

people to take part in a range of free enjoyable indoor and outdoor activities. The Adventure Playground service aims to enhance the quality of play opportunities on offer to children and young people in Lambeth and contribute to achieving the vision of working together to ensure that Lambeth’s children and young people have an equal right to a range of enjoyable, creative, stimulating, safe and inclusive quality play opportunities

1.8 The 7 local authority managed projects are currently open five days a week, after

school hours in term time (4 evenings and Saturdays) and full time in the school holidays. This model will be changing in September, with reduced hours being implemented at each of the 7 sites.


1.9 Since the launch of Lambeth’s Play Strategy in 2007, the Borough has secured £3.5 million of BIG Lottery and DCSF (DfE) funding to support the delivery of the strategy. This includes Play Pathfinder capital which has been invested in the Adventure Playgrounds and has supported the development of a Play Park and centre of excellence for Play at Max Roach in Brixton.

1.10 The borough recognises that the Adventure Playground Services support the delivery

of the boroughs Play Strategy, by supporting the following key strategic priorities:

Aim 1: Develop and maintain a wide variety of high quality, sustainable and accessible play opportunities based on the interests of children and young people.

Aim 2: Ensure that every child and young person has equal access to safe and fully inclusive play opportunities, which meet their diverse needs whilst recognising the importance of acceptable risk.

Aim 3: Create opportunities for children and families to participate in the planning, development and delivery of play provision to ensure that services reflect their different needs and interests.

Aim 4: Establish effective planning and partnership working, which promotes the value of play and supports the investment in children’s futures and their transition into adulthood.

Aim 5: Promote inter-departmental and agency collaboration across all sectors, which maximises the effective use of all available resources in the development of play opportunities throughout the borough.

2.0 The Service Provider’s brief and purpose of the contract

The proposed services are management and delivery of the Adventure Playground services with the aim of improving access and quality of play opportunities and services for children and young people and their families in the borough. This includes the management and delivery of the Adventure Playground services at 7 sites, including the provision of staffing, programming, health and safety, risk management and performance management.

2.1 Contract Value

The value of the Contract is £129, 000 and will be awarded for a period 3rd

October 2011 to 31 March 2012.

2.2 Scope of services

2.2.1 Level of service delivery

The level of service delivery at each of the sites is as follows:

Five APGs (Tulse Hill, Lollard, Loughborough, Willington & Kennington)

• Term time opening (26 weeks): 1 evening per week for 3.5 hours.

• Holidays (2 weeks: Autumn and Spring half terms exc. Christmas): 5 days per week at 7 hours each day, totalling 35 hours per week


Streatham Vale and Max Roach

• Term time opening (26 weeks): 2 evening per week for 3.5 hours and Saturday opening for 5 hours. Total term time opening = 12 hours per week.

1. Holidays (2 weeks: Autumn and Spring half terms exc. Christmas): totalling

35 hours per week.

The APG Opening Schedule is:

APG Monday Tuesday Wednesday

Thursday Friday Saturday Sunday

Willington APG Closed Closed Closed Closed Open 3.30pm-7pm

Closed Closed

Lollard APG Closed Closed Closed Closed Open 3.30pm-7pm

Closed Closed

Kennington APG

Closed Closed Closed Open 3.30pm-7pm

Closed Closed Closed

Streatham Vale APG

Closed Open 3.30pm-7pm

Closed Open 3.30pm-7pm

Closed Open 12 noon – 5pm

Closed

Tulse Hill APG Closed Closed Closed Closed Open 3.30pm-7pm

Closed Closed

Max Roach APG

Closed Closed Closed Open 3.30pm-7pm

Open 3.30pm-7pm

Open 12 noon – 5pm

Closed

Loughborough APG

Closed Closed Open 3.30pm-7pm

Closed Closed Closed Closed

2.2.2 Access to Quality Play Opportunities

• The service will increase access to play areas and facilities with a focus on creating more inclusive play spaces and activities. The services will enable children to be well integrated into day to day life through children accessing the adventure playground services.

• The provider will be working in partnership with other play providers enabling seamless pathways and opportunities for children and young people to access the services.

2.2.3 Inclusion

§ The Service Provider will enhance the delivery of more inclusive and enjoyable play services targeting children with disabilities and their families and address the needs identified at a local level.

§ Five Adventure Playground Services including Kennington, Lollard, Max Roach,

Streatham Vale, and Willington have completed a Play Disability Awareness


training programme and have shown a commitment to creating inclusive play services. The provider should demonstrate its commitment to developing inclusive play services and work towards achieving a kite mark in the case of the playgrounds that have participated in this training programme.

2.2.4 Targeted Support

§ The services need to provide early intervention support to local children and families, and address the complex needs of the children accessing this service ensuring that appropriate signposting is in place for the most vulnerable children to the other appropriate targeted or specialist services.

§ The provider should understand and co-operate with the Common Assessment

Framework (CAF) and Team around the Child (TAC) processes, including linking with wider locality practitioners, with training and support provided by Lambeth Council.

2.2.5 Community participation

§ Services will engage with key stakeholders, partners and local communities in the 7 adventure playground sites in management and delivery of the service, including supporting the community engagement activities for the Cooperative Council programme where needed.

§ The services will promote play and enable volunteers to play an active part in the

development and supervision of local play spaces. 3.0 Premises

3.1 The venues for the provision of services are:

Site name Address

Loughborough Adventure Playground Mooreland Road, London SW9 8AU

Willington Adventure Playground Willington Rd, London SW9 9NB

Lollard Street Adventure Playground Lollard Street, London SE11 6PX

Kennington Play Project Bolton Cresent, London SE5 0SE

Max Roach Play Park Wiltshire Rd, London SW9 7YA

Tulse Hill APG Tulse Hill Estate South, London SW2 2EY

Streatham Vale APG Abercairn Rd, London SW16 5AG

4.0 Target groups and priorities

The service will be delivered for children and young people aged 5 to 16 years and will also benefit children, parents, carers and the community at large. Support will be provided to children from disadvantaged backgrounds, children with disabilities and learning difficulties, children and young people not engaging in physical activity, young people at risk of offending and newly arrived communities.

5.0 The standards of service

5.1 The Provider need to demonstrate the ability to work to standards compliance through the internal standards, documentation, reporting and other tangible


deliverables. The provider should demonstrate that the Playwork Principles and Play Leaders Codes of Practice (developed by Play Wales and endorsed by SkillsActive – May 2005) are followed by the playworkers and the play leader as appropriate when working with children and young people. The Provider should have developed a comprehensive Playwork Codes of Practice.

5.2 Four Adventure Playground Services including Tulse Hill, Kennington, Loughborough

and Streatham Vale have achieved Quality in Play accreditation during 2010/2011, and the proposed services should clearly demonstrate how the current quality standards will be maintained. Quality in Play is being implemented at Max Roach Adventure Playground, and the proposed services should support further the development of the QiP portfolio and the preparation for the assessment of the site.

5.3 The service to be provided should maintain and continue to develop Quality in Play

recognised as the leading quality assurance system for the staffed play sector. The provider undertaking the programme will be required to assess the impact of Quality in Play (QiP) on their:

• practice and quality of provision for children's play

• organisational standards

• engagement with the wider community

• the influence QiP had in working with funding bodies, inspectors and other agencies.

5.4 The service provider needs to demonstrate how it plans to develop reflective practice

following the plan-do-review cycle for learning to be successful and integrated into playwork practice.

6.0 Service Outcomes/ KPI

The proposed services should improve the outcomes for children and young people, both through their experiences while in adventure playground services.

6.1 Service Availability The availability of services is a key success factor, and it will be measured on the

counts or percentages of site closures per month due to low staff turnover or poor attendances of the service by children and young people. There should be a 100% opening of the sites, and 100% delivery of contact time/ opening hours on the agreed times and dates.

6.2 Quality assessment of the play value The quality of the play provision should ensure that the play opportunities offer

added play value, that is not just a basic experience of sensation but also to:

• entice children to play

• offer play opportunities for disabled children

• meet the play needs of different children and young people of differing ages

• provide opportunities for different types of movement, imaginative play, ball games, changing the environment or space

• possibilities for children to take risks without undue hazard includes access to natural environments and materials


• has places for children to sit

• encourage social interaction between children and between accompanying parents and carers.

6.3 Customer/ Service Satisfaction The service satisfaction will be measured as follows:

• The Play Service level of satisfaction with the perceived level of service provided by the Provider captured for each major function through internal and/ or external surveys.

• Responsiveness measures the amount of time that it takes for a Provider to handle a client request.

• End user’s feedback on the services received.

6.4 Management capability The provider should demonstrate willingness to collaborate closely with CYPS and address any staffing issues so as to reduce impact on the delivery of services. The provider should make adequate provision for the training and development of staff, particularly the staff involved in the proposed service contract. The provided must demonstrate the ability to conduct a systematic training needs analysis, or adhere to IIP principles.

6.5 KPI table

Accessibility/ Inclusion/ Quality 20%

APS 1. Improved access to

adventure playground services by children and young people, including improved access to services by disabled young people and their families.

APK1 No. of children accessing adventure playgrounds services measured as contact levels compared to average standard.

APK2 Frequency of service failure/ No. or % of site closures/ services unavailable to customers

Quality/Service Delivery Performance 20%

APS2. The services are delivered within the agreed level and performance standards.

APS3. Compliance with play

sector standards, Quality in Play and inclusive play practice.

APK3 Level of service provided in sessions hrs/ session compared to the agreed service levels.

APK4 Number of changes/ amendments to the agreed level of services measured per month e.g changes to the opening times without or inadequate notification.

APK5 Frequency of late users’ data input in Synergy and submission of monitoring information.

APK6 Promptness in dealing with enquiries and problems. Speed of response standard – 48


hours.

APK7 Number of security breaches/ incidents on site records

Customer Satisfaction 20%

APS4. Increased satisfaction of

services by young people and their families

APK8 Level of satisfaction with the services by children and their parents/ carers by formal/ informal feedback on services.

Staff Management 20%

APS5. The services are

managed to minimise the council risks associated with the level and the quality of services provided by the outsourcer.

APK9 Record of employee turnover

APK10 Appropriate staffing level maintained 3xstaff at each site, measured through spot visits.

APK11 Number of complaints/ claims raised by parents/ carers/ service lead and members.

Costs 20%

APS6. The services are managed effectively within the budget.

APK12 Amount % spent within allocated budget.

7.0 Sub-standard Performance

7.1 In the event that the provider fails to perform in accordance with the service standards and specification e.g. site closures occur without prior notification and approval from the Council, the Council will be able to withdraw funding or request that an alternative date is made available. The services should be delivered consistently and made available to the service users on the agreed timelines.

7.2 The Council will reserve the right to terminate services for breach of agreement as a result of substandard performance. The minimum service levels are set at 90% site availability (10% site closures), and low take up of services at less than 60% (60 children) accessing the service per month; at the level that allows termination. This termination method will apply when the Provider can not achieve the minimum required level of service. For 5 sites with one day of provision, the minimum required level of service is 145 hours. For 2 sites with three days of provision, the minimum required level of service is 262 hours.

8.0 Staffing

8.1 The provider is required to staff the service in accordance with the structure agreed by CYPS (see appendix 1). Four of the 29 posts are currently filled, and these staff will be seconded to the provider. Details are provided below.

• 2 x Holiday Play Workers – working 35 hours per week for 2 weeks (school holidays, with exception of Christmas

• 1 x Community Play Worker – working 12 hours term time (26 weeks) and 35 hours per week for 2 weeks (school holidays, with exception of Christmas)


• 1 x Community Play Worker – working 9 hours term time (26 weeks) and 35 hours per week for 2 weeks (school holidays, with exception of Christmas)

8.2 The following posts are vacant and will need to be filled to support the delivery of the service:

Community Play Manager X 3 posts of varying hours - Responsible for managing the site and service.

• 2 posts x 11 hours term time / full time during school holidays

• 1 post x 18 hours / full time during school holidays

• 1 post x 23 hours / full time during school holidays Community Play Officer X 4 posts of varying hours – Responsible for acting as the deputy manager on the site and managing the service in the absence of the manager.

• 2 posts x 9 hours term time / full time during school holidays

• 1 post x 19.5 hours / full time during school holidays

• 1 post x 15 hours / full time during school holidays Community Play Worker X 2 posts

• 2 posts x 10.5 hours term time / full time during school holidays Holiday Play Worker x 15 posts Posts work 35 hours for 10 weeks of the year (school holidays excluding

Christmas)

8.3 Appropriate staffing levels should be in place to cover full time provision over the

holiday periods. The Playground will only be open when appropriately and adequately staffed, with at least 3 members of staff during all opening times, and measures put in place to increase staffing levels at peak times.

8.4 All staff will need to be appropriately qualified and experienced to work with under

represented groups and to deliver the services outlined in this specification and in line with the Play Work Principles. The adventure playground sites should be managed by a senior member of staff of the Adventure Playground (Play Manager) with minimum N.V.Q Level 3 in Playwork. The playworkers of the Adventure Playground should have a minimum N.V.Q Level 2 in Playwork or equivalent.

8.5 Staff and volunteers will need to be recruited to reflect the cultural diversity of the

community and of the client base with the majority of 83.5% are coming from Black and Minority Ethnic background (BME).

8.6 Staff members will be offered training and their Continued Professional Development

will be supported. All staff will need to receive professional supervision by a suitably qualified and experienced management team.

8.7 Staff should have:

1. a good knowledge and understanding of children’s play and current best practice guidance and policy, including Every Children Matters, health and safety, risk assessment and child protection.


2. Extensive experience of working with children aged 5 - 16 providing play opportunities within a diverse inner city environment.

3. Experience of managing challenging behaviour and in conflict resolution.

8.8 Staff are required/ should be able:

1. To develop an attractively designed play facility, facilitating a wide range of play opportunities for as many different children as possible and to implement children’s ideas where appropriate.

2. To ensure adequate staffing and appropriate supervision of children and young people, allowing inclusive and meaningful engagement in play activities.

3. To encourage the staff team to focus on the health and emotional needs of children and young people. To work to make the APG as accessible and engaging as possible for children of all abilities with special awareness, for children with additional needs.

4. To work within the Common Assessment Framework and take the lead to support referral and progression routes for children.

5. To ensure that Health and Safety checks are performed regularly and recorded in line with Health and Safety policy, the outdoor and indoor play structures, equipment and premises are maintained, and are safe for the children to play on.

8.9 All staff will sign a confidentiality agreement/clause relating to service users their

parent/carers and service information prior to commencing employment.

8.10 The voluntary sector plays an important role in delivering services for children and

families in Lambeth and they need to ensure that their services are fully compliant with safeguarding standards. Therefore the service provider must adopt safe working practises as outlined in “safeguarding Children & young People: Guidance for Voluntary Community and Independent Organisations’. This document is available from Lambeth’s Local Safeguarding Children’s Board Website http://lambethscb.org.uk/voluntary.html.

9.0 Responsibilities of the provider and CYPS

9.1 CYPS will make available and provide access to facilities, people, and data, and any other assistance needed for the commencement of the new services. Assets owned by CYPS including the adventure playground buildings, play structures, furniture and office equipments will remain the property of CYPS. No transfer of assets will take place. At the commencement of the arrangements, access and use of the building and assets that are to be used by the provider in the provision of the services will be regulated by a user agreement.

9.2 The council will maintain responsibility for the maintenance of the building and the

payment of building costs including utilities. 9.3 Any relevant third party contracts such as supply or maintenance contracts will be

retained and managed by CYPS. 9.4 CYPS will provide the employment details for the following staff that will be on

secondment (i.e. remaining employees of the Council).


9.5 The provider will be provided with a report for each of the sites which will include site

operation manuals, health & safety procedures, RoSPA inspection reports, and APG staff working procedures and protocols. At the end of the contract term, an asset management review meeting will take place with representation from both the Provider and the Play Services to review the condition of the assets.

9.6 The service provider will continue to monitor the assets and report regularly the need

for maintenance or repairs to the designated officer from the Play Services. The Provider will be required to replace or repair assets that are damaged in the course of the delivery of services through the fault of the Provider. Any new assets which are used by the supplier for the sole purpose of providing the services and paid by the Council will be considered property of the Council.

8.7 The service provider should keep the assets in good repair. If the assets are

damaged, destroyed or stolen, the designated council officer must be informed in writing within 24 hours of the event taking place. The Service Provider will not change the purpose for which the assets are used or make modifications on the play structures without the written approval of the council’s authorised officer.

9.8 The Provider will be responsible for the maintenance of the play structures, and should ensure that its staff are appropriately trained to carry out routine maintenance works of the play structure and oversee the playground maintenance in compliance with health and safety requirements.

9.9 The council will retain ownership of the intellectual rights for the work and data, including beneficiaries’ data that is created during the agreement.

10.0 Use of Adventure Playground estate

10.1 CYPS intends to work with the local community and other voluntary sector organisations to support where possible the use of the facilities by local groups on the closure days to enable the better use and an extension of the service offer provided at the adventure playground sites. The Provider is required to be cooperative and flexible in their approach to coordinate their provision of services with other local delivery partners.

11.0 Contract monitoring of service

11.1 The provider will be required to submit service, organisational and financial information on monthly basis. The provider must ensure that they are fully compliant with the ‘Protect System’ or another suitable Lambeth system. The service providers’ staff members are required to attend training on data management systems and use Synergy Connect to input and analyse user’s information for monitoring purposes.

11.2 The provider will be required to record regularly information on Synergy Connect on

all activities delivered. All data for must be recorded in the system by the 5th working day of the following month.

11.3 The provider will keep secure, up to date and confidential files where necessary.

Individual records will be kept in a neat, accurate and timely manner and will be maintained to a high standard.


11.4 The service Provider should ensure that the duties outlined in the service level agreement are followed, including:

a) Ensure that the monthly reports are properly maintained and that the figures reflect the true financial state of the contract;

b) Ensure that the timesheets are checked and certified by the management team before payment is authorised;

c) Control the specified quality and standards by ensuring that the standards of services are monitored by the management team during delivery on site;

d) Conduct regular project visit/ site inspections to ensure the progress and the quality of services;

e) Ensure that the services are delivered within the agreed timeframe, and inform the client if there are cancellations, modifications of the delivery dates or times providing reasons for the delays, changes or cancellations;

f) Ensure that the services provide a safe, friendly and positive environment that encourages development of children;

g) Ensure best practice; h) Feedback questionnaires from children, young people and local residents

is positive i) Good take-up and usage of the site from children with additional needs is

recorded 12.0 Specific Requirements: 12.1 The Service Provider should provide details of your experience on the following area

of work:

• Providing an understanding of children and play, the roles and responsibilities of a playworker, how to build relationships with children and how to keep them safe.

• Managing play services settings, including children with challenging behaviour, children with disabilities, and children from disadvantaged background.

• Locality based integrated working

• Engagement with a variety of groups including children and young people

• Promote Disability awareness within play settings

• Promote Equality of opportunity

• Promote the ethos of inclusive play

13.0 Exit Strategy

13.1 The Adventure Playground service is an early adopter of the Lambeth Cooperative Council programme, with the intention that the management of the service is externalised from April 2012 within the Co-operative Council framework. The consultation with users and project planning is underway in an effort to change the management model of the service from April 2012.

13.2 The Provider is required to collaborate with the Council in the transfer of services from the supplier back to CYPS or to a new provider depending whether the services are taken back in-house or the contract awarded to a new supplier at the end of the contract term beyond March 2012.
