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TWELFTHSCHEDULE

COUNCILTRADEDSERVICESAGREEMENT

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COUNCILTRADEDSERVICESAGREEMENT

THISAGREEMENTis madethe dayof 2007

BE'rWEEN

(1) THE MAYORAND BURGESSESOF THE LONDON BOROUGHOF TOWERHAMLETSof TheTownHail,MulberryPlace,5 CloveCrescent,LondonE14 2BG(the"Council");and

(2) POPLAR HOUSING AND REGENERATION COMMUNITY ASSOCIATIONLIMITED(CompanyNumber03249344)whoseregisteredofficeissituatedat 167AEastIndiaDockRoad,LondonE140EA (the"Company").

WHEREAS

(A) Byan agreement(the"PrincipalAgreement")of evendateherewithmadebetweenthe Council(1)andtheCompany(2)the Councilagreed totransferthePropertytotheCompany.

(B) The Councilhasagreedto providetheserviceshereinafterdescribedfortheperiodanduponthetermsandfor theconsiderationhereinaftermentioned.

NOWIT IS HEREBYAGREEDasfollows:-

1. DEFINITIONS

1.1 In thisAgreementwhere the contextso admitsthe followingwordsandphrasesshallhavethefollowingmeanings:-

"ContractPeriod" shall mean the periodspecifiedfor each particularserviceinthe relevantscheduleheretocommencingonthedatehereofsubjectto theprovisionsofClause5;

"Service(s)" shallmeaneachof theService(s)in theSchedule(s)tothisAgreementasfollows:

(a) Payroll

(b) Legal

(c) Concierge

1.2 Wordsdenotingthe singularshallincludethepluralandviceversa,wordsdenotingthe masculinegendershallincludethe femininegenderandviceversaandwordsdenotingpersonsshallincludecorporations.

1.3 Referencetoa Clauseor a Scheduleshallbedeemedto be referenceto a clauseofor a scheduleto thisAgreementand referenceto a Sub-Clauseshallbe deemedtobea referenceto a sub-clauseof theclauseto whichthe referenceappears.

1.4 Words and expressionsdefined in the PrincipalAgreementhave the samemeaningswhenusedherein.

1.5 InthisAgreement,clauseheadingsare includedforeaseof referenceonlyandshallnotaffectthisAgreementortheinterpretationhereof.

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2. SERVICESTO BE PROVIDEDBY THECOUNCIL

2.1 In considerationof the Companypayingto the_Councilthe chargesforeachof theServicesas setoutin eachof theSchedulesto thisAgreementandsubjectto theCompanygivingsuchaccessto itspropertyas is necessaryfortheprovisionof theServicesthe Councilherebyagreesto provideeach of the ServicesduringtherelevantContractPeriodforeachService.

2.2 The Councilwill providethe Servicesexpeditiouslyand diligentlyand with allreasonableskilland careexpectedof a professionalserviceproviderskilledandexperiencedin the provisionof servicesof the typebeingprovidedhereunderinaccordancewiththeprovisionsof theScheduleshereto.

3. FEESANDCHARGES

3.1 The Companywill payto the Councilin respectof the provisionof eachof theServicesthe fees and chargesas set out in each of the Schedulesto thisAgreementsubjectto increases(if applicable)in accordancewith the provisionsofeach Scheduleto thisAgreement.

3.2 Feesand chargesfor each of the Servicesshall be invoicedby theCouncilto the

Companyas set out in each Schedule uponand terminationof thisAgreementor

any part thereofunlessotherwiseprovidedin the Scheduleshereto. Paymentshallbe made by the Companywithin 30 daysof the receipt of each suchvalid invoicefromthe Council.

3.3 The fees and chargespayableunderthis Agreementare exclusiveof ValueAddedTax whichshall be paidat the rateand in the mannerfor the timebeingprescribedby law.

4. VARIATION

4.1 Any variationto the specificationof the Servicesor anyof them shallbe agreedinwriting between the Council and the Company. The Council agree to give theCompanyat least28daysnoticeof anychangeto thespecifiedservice.

4.2 In the eventthat the Council(actingreasonably)shallbe unableto provideanyone

"_ or moreof the Services,the Councilwill give reasonablenoticeof such inabilityto

_ the Company.4.3 In the event that the Councilshall fail to provideone or more of the Servicesinaccordancewith the specificationreferredto in eachScheduleto the Agreementtoan acceptablestandard and to the reasonablesatisfactionof the Company,theCompany may give 10 Business Days notice upon the Council requestingtheCouncilto provide the Servicesin such manneras is satisfactoryto the Company(acting reasonably). If the Council shall not comply with such a request theCompanyshall be entitledto terminatethis Agreementin respectof the ServiceofServicesspecifiedin the noticeat the expiryof suchnoticeperiodPROVIDEDTHATany such terminationshall be withoutprejudiceto the remainderof this Agreementand to the rightsof either party in respectof any antecedentbreachof anyof theprovisionshereof.

5. TERMINATION

Notwithstandingany provision contained herein or in any Schedule hereto,thisAgreementmay be terminated:

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5.1 by the Councilforthwithon givingnotice in writingto the Companyif the Companyshall fail to pay any sum due under the terms of this Agreementor any Schedulehereto(otherwisethanas a consequenceof anydefaulton the part of the Council)and suchsum remainsunpaidfor 21days afterwrittennoticefrom the Councilthatsuch sum has not been paid (such notice to contain a warningof the Council'sintentionto terminate);or

5.2 by either party forthwithon giwng28 days noticein writingto the other if the othercommitsany materialbreachof any term of this Agreement(otherthan any failureby the Companyto makeany paymenthereunderin whicheventthe provisionsofSub-Clause5.1 aboveshall apply)and (in the case of a breachcapableof beingremedied)shall havefailed,within 28 daysafter the receiptof a requestin writingfrom the other party to do so, to remedy the breach (such request to contain awarningof suchparty'sintentionto terminate).

5.3 EitherpartymayterminatethisAgreementinwholeor inpartby givingto theother6monthswrittennoticeto terminateprovidedthat suchnoticeto terminatecannotbegivento takeeffectbeforetheexpiryof 12monthsfromthedateof thisAgreement.

6. INTEREST

li If and wheneverany sum due under the provisionsof thisAgreementshallat anytime be unpaidfor a periodof 30 daysafter the periodfor paymentreferredto inClause3 a further additionalsum by wayof intereston the amountdue calculatedon a day to day basisat an annual rate of 2 percent higherthan the Seven DayLIBORrulingfrom time to timefrom the date uponwhichsumfirst becamepayableuntilpaidshall bepaidto the partyto whomthe saidoutstandingsumis due.

7. PROVISIONOF INFORMATION

Subjectto the provisionsof the Data ProtectionAct 1998the Companyshall co-operatewith the Council in providingall informationknownby or availableto theCompanywhich mayreasonablybe requiredby the Councilin the provisionof theServices.

8. COMPLAINTS

"_ 8.1 The Companywill notifytheCouncil inwritingof any reasonableand non-vexatiouscomplaintit may have in relationto the provisionof the Servicesas providedfor in

the Schedulesto thisAgreement.

8.2 Where such complaintis made the Council will conductan investigationinto thecomplaintand prOvidean initialresponseto the Companywithin5 BusinessDaysofreceiptof notificationof thecomplaintanda full responsewithin20BusinessDays.

8.3 Where such complaintis deemedby the Companyacting reasonablyto be urgentthe Councilshall respondwithin3 BusinessDaysor soonerwheremattersof publichealthareconcerned.

8.4 Wheresuch complaintis upheldthe Councilwill takeall necessaryremedialactionwithin 10BusinessDaysif the complaintis deemedby theCompanyto be urgentorif it concernsmattersof publichealth.

8.5 If such complaintcannotbe resolvedthen the partiesshall refer the disputeto theprocedurein Clause10.

8.6 The Councilwill fully indemnifyand keepthe Companyindemnifiedfrom and againstall costs, claims, losses,damages,penalties or other liabilitieswhich at any time

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hereafterare sufferedor incurredby the Companyand which directlyor indirectlyarise from the Council's performanceor non-performanceof its obligationshereunder.

9. INSURANCE

9.1 The Councilwill ensure that all staff are insuredand are appropriatelytrainedtoundertaketheworkas specifiedin accordancewith theScheduleshereto.

9.2 The Councilshall take out and maintainsuch insurancesfor the periodof yearsmatchingthe durationof the periodduringwhichthe Servicesare providedas maybe requiredby law as relevantto the Serviceswith a limit of indemnityof not lessthan£1 millionfor eachand everyclaim.

9.3 Neitherpartyshall takeanyactionor fail to take any reasonableactionor (insofarasit is reasonablywithin its power)permit anythingto occur in relation to it, whichwouldentitteany insurer to refuse to payany claim underany insurancepolicy inwhichthat partyis an insured,a co-insuredor additionalinsuredperson.

10. DISPUTERESOLUTION

differencesarisingbetweenthe parties heretoin respectof any10.1 Any disputesor

matterarisingout of or connectedwith the subjectmatterof this Agreementor theScheduleshereto shallbe referredto the Council'sChiefExecutive(or otherofficerof the Council nominatedby him) and the Company'sChief Executive(or otherofficer of the Company nominatedby him who shall between them attempt toresolvethe dispute. In the eventthat any disputeis not resolvedby the Council'sChief Executiveand the Company'sChief Executive(or their nominatedofficers),the provisionsof Clause10.2of thisAgreementwilloperate.

10.2 Saveas otherwisehereinexpresslyprovidedandsubjectto theprovisionsof Clause10.1anydisputesor differencesarisingbetweenthe partiesheretoas betweentheirrespectiverights duties or obligationsor to any other matteror thing in any wayarising out of or connectedwith the subject matter of this Agreementshall bereferredto the determinationof a singleindependentassessoracting as an expertand notas arbitratorto be agreeduponby the partiesor failingagreementto be aperson nominated by the Presidentfor the time being of the Law Society. Thedecisionof the said assessorshallbe final and bindingon the partiesheretosavefor the avoidanceof doubtthe provisionsof this Clause 10shallnot extendto any

O disputeor differencearising betweenthe parties hereto and the SecurityTrusteeand/or Beneficiaryand/or FinanceParty or other funder or lender out of or inconnectionwith thisAgreement.

11. NOTICES

Anynoticetobe givenhereundershallbeinwritingandshallbesufficientlyservedifdeliveredby handand receiptedfor by the recipientor sentby the RecordedDeliveryServiceaddressedinthecaseof theCouncilto itsChiefExecutiveat TheTownHall,MulberryPlace,5 CloveCrescent,LondonE142BGor in thecaseof theCompanyto itsChiefExecutiveat theCompany'sofficesat 167AEastIndiaDockRoad,LondonE140EA orto suchotheraddressesas eitherpartymayfromtimetotimenotifyto theotherin accordancewiththeprovisionsof thisClause.

12. CONFIDENTIALITY

Subjectto any statutoryconstraintsand dutiesboth partiesundertaketo keepconfidentialbothduringtheContractPeriodandatall timesthereafteranygenuinely

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commerciallysensitiveinformationconcerningthe other party or itsemployeesorbusinesswhichthey acquirein thecourseof givingor receivingtheServices.

13. ASSIGNABILITYANDSUB-CONTRACTING

13.1 ThisAgreementis personalto the partieshereto and neitherpartymayassign anyof its rightsor obligationsunderthis Agreementwithoutthe priorwrittenconsentofthe Council'sChief Executiveor the Company'sChief Executiverespectivelyfor thetime beingof the otherpartySAVETHATthe Companymayassignits rightsand/ornovate its obligationsunder this Agreement to the SecurityTrustee and/or anyBeneficiaryand/or any FinanceParty or other lenderor funder for the benefit ofthemselvesandtheir respectiveassignsor successorsin titleof the Property.

13.2 The Councilshall not sub-contractthe wholeor part of this Agreementwithout theconsentof the Companywhichshallnot beunreasonablywithheldordelayed.

IN WITNESSwhereofthesepresentshavebeenexecutedby the partiesheretoas a Deedanddeliveredon the dayandyearhereinbeforewritten.

)

qi

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SCHEDULE A

0_

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PAYROLL

TRADEDSERVICESAGREEMENT

1. INTRODUCTION

1.1 The Council has investedheavily in its integratedcomputerisedhuman resourcesand payrollsystem, Resource Link, so that theClient can benefit from the very latestadvances in technology and systems. As a result of this investment, the Councilhas been able to reorganise its payroll team and improve processing procedures,keeping costs to a minimum whilst actually improving the quality of service provided.

1.2 There are plans to allow access to the system and if they wish, update informationsuch as sickness and changes to contracts, thus eliminating the delays anduncertainty caused by completing and despatching paper documents. There arealso plans to give employees the right to access their own payroll record via theinternet to view payslip history and update personal details using a password

protected personal identification system. This will reduce the amount of work

involved with handling paper documents and dealing with employee enquiries.1.3 This Schedule includes a paragraph to cover the option for the Client to take

advantageof theseadvancedfeatures as and when theybecomeavailable,

2. OUTLINE OF SERVICES

2.1 The Council'sobligations

The Council will provide comprehensive and fully managed Payroll Services inrespect of all the staff employed by the Client. The Council will ensure compliancewith all data protection, employment and other relevant legislation, all InlandRevenue and Department of Social Security requirements both during the year andat the year-end and all relevant Standing Orders, Financial Regulations, Codes ofPractice, Financial Instructions, and External/Internal Audit recommendations.

Specifically, the Council will:

• give a named contact with whom to liaise with the Client on payroll

O"_ contact will also be provided to ensurematters. A named secondarycontinuity in the event of any absence. This will be further supplementedby an escalation procedure where named contacts are unable toprogress items to the Clients satisfaction;

• calculate gross pay by the application of service conditions to properlyauthorised information supplied by the Client relating to time worked,grading and rates of pay, automatic incremental progression, whereappropriate;

• where the Client uses the traditional paper based system, check that allappropriate variations originating from the Client establishments havebeen properly authofised, and then implement them in accordance withagreed timetables. Please see attached schedule for current timetablearrangements;

• where the Client opt to input some or all of their own variations direct tothe system, having due regard for current timetable arrangements, carryout a high level reasonableness check on the data input by the Client;

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• implementnationallyagreed pay awardsfrom the relevantrecognisednegotiatingbodies;

• calculateand apply statutoryand non-statutorydeductionsto arriveatnetpay,includingtheadministrationof CourtOrders;

• pay salaries by direct credit transfer through BACSTEL on theappropriatepay day or, where such a pay day falls on a weekendorbankholiday,the nearestworkingdaybeforethen;

• guaranteepayment of salary on the next available pay date wheredocumentationis receivedin payrollor inputbythe Client in accordancewith agreed deadlines. Where data is delivered after the agreeddeadline,the Councilwill makeeveryeffortto processanydatareceivedup until the pay run is closed, but cannotguaranteeprocessing. Anyinstructionsnotprocessedor inputin timewill bewill beprocessedin thefollowingpayperiod;

• preparepayslipsusingstandardseated stationeryand wiltnotifyClient-'_ thatthe payslipsare readyfor collection;

e • where requested or necessary, include inserts in sealed payslipenvelopes, e.g. P6Os,employee benefit statements, verification ofpersonaldetails,etc.;

• prepare and despatch computer produced timesheets containingemployeeinformationto assistwithaccurateinput;

• prepareanddespatchpaystatisticsand reportsfor theClient;

• providedata to the relevantpensionauthoritiesin respectof retirementsandgratuities;

• pay over deductions to third parties, e.g. Inland Revenue, Courts,pensionsproviders,trades'unions,etc.;

• supplyyear-enddata relatingto pay and, if applicable,benefitsto theInlandRevenue,pensionproviders,etc.;

I_ • in exceptional circumstances make provision for urgent paymentfacilities for new appointments, late claims, etc. with subsequentrecoveryagainst future entitlementwhere appropriate.Normalpracticeis to holdoverpaymentto the nextpayday;

• issue P45/P60/P160forms and NationalInsurancecertificateswhereappropriatewhen employeesleave or retire, no more than 10workingdaysafterthe datewhenthefinal paymentis madeto theemployee;

• provideall detailsof salarypayments,pastandpresent,requiredby anyInsurersin connectionwith anyclaim by an employeewithin30days ofreceipt of such a written request, subject to appropriate writtenauthorisationbeing received. The Council reserves the right to levychargeson the personor organisationrequestingsuch information(notthe Client)inorderto recoverthe significantcostsof this typeof work;

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• negotiate for the recovery of overpayments where the error was due tothe action or inaction of the Payroll Services Team. Arrange for therecovery of all overpayments;

• administer and recover loans, car loans and season ticket loans;

• take the necessary action to assist with claims by the Client employeesagainst third parties for loss of earnings, subject to a separate charge of5% of each successful claim to cover administration and subject to aminimum of £50 and a maximum of £500 for each claim, to be deductedfrom monies recovered;

• respond to any queries arising from administering the Payroll Service.Telephone cover will be during the hours of 8.30 a.m. to 4.30 p.m.Monday to Friday. If a telephone message has to be left (this mayhappen at peak times in the payroll cycle), it will be responded to within24 hours with at least an acknowledgement, if not an answer to the

enquiry;

) • fully answer any enquiries received in writing (letter, fax, and e-mail) or

i by telephone, within 10 working days of receipt, although the Council willmake every effort to answer enquiries that the Client deems "urgent"within 3 working days and otherswithin 5 working days. For statementsof earnings, the standard will be 15 working days;

• ensure that all communications with the Client or employees of theClient will:

_. be accurate, informative and polite

accord with the defined Customer Care policyof the Council

meet statutory requirements, where appropriate

give a contact name and telephone number

• take primary responsibility for investigating and correcting errors thatarise from the action or inaction of the Council ("Council errors") and

) keep the C_ientfully informed of the situation.The Council will advise the

I) affected employee of the circumstances and effect of Council errors inadvance wherever possible (i.e. before the employee becomes aware ofthe error by reading their payslip, visiting the bank, etc). The Council willensure that all relevant adjustments are made to correct the employee'spay record and the Clients accounts as soon as practical.

• offer the Client the opportunity to take part in a user satisfaction surveyat least once every two years,

• provide individuals with the appropriate knowledge, experience andauthority to assist the Client at relevant meetings, subject to sufficientnotice of meetings being given.

2.2 The Clients Obligations

The Client will:

• ensure that an officer authorised by the Chief Executive approves allvariations to the payroll originating from the Clients offices.

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• where the Client uses the traditional paper based system, delivervariationsto the payrollin accordancewith the establishedproceduresandnotifieddeadlines,whichmaybe amendedby the Councilfrom timeto time. In December,an earlierdeadlinewill apply(notificationof thisdatewill beadvisedonceknown).

It is up to the Clientto usethe mostappropriatedespatchmethodto ensuredeliveryof databythe relevantdeadlines.

,, wherethe Clientopt to inputsomeor all of their ownvariationsdirect tothe system, input and check all variationsin accordancewith agreedtimetables. Please note that, whilst payroll carry out a high levelreasonablenesscheckon the Client input, it is the Clientsresponsibilityto thoroughly and independentlycheck input for authenticity andaccuracy. Please see attached schedule for current timetablearrangements,

• take primaryresponsibilityfor investigatingand promptingcorrectionoferrors that arise from the action or inactionof the Clients("the Clients

-_) errors")and keep the Councilfully informedof the situation.The Client

!_ will advisethe affectedemployeeof the circumstancesand effectof theClients errors in advancewhereverpossible(i.e. beforethe employeebecomesawareof the error by readingtheir payslip,visitingthe bank,etc).The Councilwill ensurethat all relevantadjustmentsare made tocorrecttheemployee'spay recordandthe Clientsaccounts.

• assist the Councilin researchingthe reasonsbehindanyproblemswithpay.

• examineany establishmentreport issuedby the Councildetailingstaffsalaries,grades, hours, etc., determineits accuracyor otherwiseandreturnit dulyamendedwithinthetimescalenotified.

2.3 CustomerService

The Counciloperatesto the higheststandardsof customerserviceand takes its

--, obligations to ensure that employees are paid accurately and promptly very, seriously.

O) TheCouncilarecommittedto ensuringthat

• standardsremainhighthroughoutthe lifeof the contract

• staff are properlytrainedin the use of the computerisedsystem,payrollproceduresand legislation

• thereis adequatecoverfor sicknessand holidays

,, there is continuedreviewof and investmentin ourcomputerisedsystemto make sure that we can offer the latest advancesin processingandreporting.

2.4 EscalationProcedure

In the event that a payroll query is not resolvedwithin the timescalesset out inparagraph2.1 or the Clientis dissatisfiedwithanyaspectof the serviceor response

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given,theClientmay usethe followingescalationprocedureusingeitherwrittenorverbalcommunication:

• Shouldthenamedcontactin a payrollteamfail to respondsatisfactorily,contacttherelevantPrincipalPayrollOfficer.

• Shouldthe PrincipalPayrollOfficerfail to respondsatisfactorily,contactthe relevantPayrollManager.

• Shouldthe Payroll Manager fail to respond satisfactorily,contact theHeadof Payrolland Pensions

• Shouldthe Head of Payrolland Pensionsfail to respondsatisfactorily,contacttheHeadofPersonnel.

3. CHARGES

3.1 Charges for the service will be £ 4.50 per payslip per month,

_) 3.2 This charge will increase annually in line with inflation. A monthly invoice will be

issued requestingpayment within 10 working days.3.3 The charge will be reviewed if the total number of employees paid on the payroll

fluctuates by greater or lesser than 10% from the date of commencement of thisSchedule, this being.

3.4 All charges are payable to the Council.

3.5 No other direct charges will be made to the Client other than those outlined in thisSchedule, although the Council does have a policy of making charges to thirdparties for payroll information, such as mortgage enquiries, mis-sold pensions andinsurance claims in order to recoup the considerable costs of this ancillary work andthereby reduce direct charges made to the Client.

4. TERM

4.1 This Schedule and the rights and obligations of the Parties shall take effect on thedate of the Principal Agreement and shall continue for 3 years or such later date

O) agreed in writing by the Parties4.2 Either party may terminate this Agreement in whole or in part by giving to the other 6

months written notice to terminate provided that such notice to terminate cannot begiven to take effect before the expiry of 12 months from the date of this Agreement.

4.3 Performance Review

The Council will send a representative to the Client to discuss any ongoing problemswith the service if so requested by the Client, if the escalation procedure has beenfollowed up to and including stage 4.

4.4 Financial Irregularities, etc

The parties will immediately notify each other of any suspected fraud or irregularityrelated to the provision of the service and shall simultaneously inform the Council'sInternal Auditors.

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5. OFFICERSRESPONSIBLEFORTHESERVICE

J. Hitchestel.no02073644021

KerrieCureton-Williamstel. no0207364 4579

6. DATES,DEADLINESAND OTHERVARIABLE INFORMATIONPERTAININGTOPAYROLLSERVICESFORTHECLIENT,AS AT NOVEMBER2007.

6.1 Payroll Input Deadline- MonthlyPaid Staff: 8thof the monthfor paymentin thatmonth. Subject to revision where bank holidays occur - notice of revisedarrangementswillbe giveninwritingwith reasonablenotice.

6.2 PayrollManagementInformation- PayrollCostingreport,Starters,Leavers.

Will normallybe sent bythe 8thof each month.Will bedistributedto the Clientby e-mail before the final payroll run in order that any omissionscan be identifiedandinformthepayrollsectionaccordingly.

_, 7. PRINCIPALPOINTSOF CONTACT,

Cureton-Williams02073644579(LBTH)Kerrie

I understand the terms of this Service level Agreement and I agree with the conditionspertainingto the Agreement.

Signature on Behalf of Poplar HARCA-

Date

O/ PrintName

Signature on Behalf of LBTH -

Date

Print Name

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SCHEDULE B

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LEGALSERVICES

TRADED SERVICES AGREEMENT

CONTENTS

PageNo.

Part A - Service Statement for Legal Services 3

1. Core Service Provision 32. Accessibility 33. Extra resources for Specific Projects 34. Procurement of Specialist Services 4

__ 5, Client Care 46. Lexcel Accreditation 4

O 7, IT Systems 48. Monitoring 59. Management and Supervision 510. Complaints 611. Equalities 6

Part B - Poplar HARCA Obligations 7

1. General 72. Financial 73. Performance Monitoring 7

Part C - Additional Service Specifications 8

Part D - Basis of Charging 8

Part E - Duration 9

Part F - Termination 9

Appendix 1 - Legal Services Performance Indicators 10

Appendix 2 - Legal Services Client Care Statement 11

Appendix 3 - Complaints Procedure 14

Appendix 4 - Additional Services Specification 15

Appendix 5 - Authorised Officers 16

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PARTA SERVICESTATEMENTFORLEGALSERVICES

1o CORE SERVICE PROVISION

Legal Serviceswill providea fully integratedspecialistlegal servicefor contentiousand non-contentiouswork to the levelsset out in the performanceindicatorsset out in Appendix 1. Wedo not undertakework in non-localgovernmentareas of legal practicesuch as defamation ortaxation. Suitablyqualifiedand experiencedlegal officerswill be allocated to each matterwithappropriatelevelsof supervision.

2. ACCESSIBILITY

The servicesare providedby a permanentstaff structure. Fromtimeto time Iocumstaffwill beengaged to deal with specificprojectsor to cover temporarilyvacant posts. This may includepara[egalsupportto assiston cases(for whichwe chargean additionalrate).

_) Maximum access to the Service is ensured through: -

• Standard office cover between the hours of 9am and 5pm in each of our areas of specialismon all days that the Council operates.

• In the event of an emergency it is possible to contact an officer in the Legal departmentbetween 8am and 6pm.

• Where the nature of the work requires, specific arrangements are made for outside officehours cover and we have arrangements with Counsel's chambers for emergencyapplications.

• All staff have email and access to Internet facilities.• Clients receive a leaflet setting out who staff are and what they do. This is updated regularly

and circulated.• Out of hours messages can be left on voice mail.

3. EXTRA RESOURCES FOR SPECIFIC PROJECTS

We will work with you through our Performance Monitoring meetings to ensure earlyidentification of work where there are insufficient internal resources or the required technical

'_ expertise. These are projects generally linked to specific grant funded schemes such as SRB,

O') PFI and New Deal. In such circumstances clients will be advised of the resources needed andhow best to ensure proper legal support by: -

• Engagement of Iocum lawyers to work alongside in-house lawyers.• Working in partnership with the private sector.• Assisting clients in specifying / tendering and selecting external legal services providers.

4. PROCUREMENT OF SPECIALIST SERVICES

As a matterof general practicewe obtain competitivepricesfor work dealt with outside theDepartment by Counsel, Costs Draftsmen and Process Servers on an annual basis. Thismeans we obtain the best prices available for the specialisms needed to supplement thework of our in-house lawyers.

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5. CLIENT CARE

We aim to providea standardof care that meetsyourexpectationsof us and providesyou witha legal service that is efficient and cost effective.

Your attention is drawn to the Client Care Statement at Appendix 2 which sets out the basis onwhich we accept instructions on your behalf and how those instructions will be acted upon.

This Client Care Standard applies to all cases where we are instructed to act on your behalf.

You will receive an acknowledgement memorandum telting you who a new matter has beenallocated to and who is their line manager. The acknowledgement memorandum will alsoadvise you of the pre-defined outcomes relating to a particular worktype. Theacknowledgement memorandum together with the Client Care Standard forms the basis uponwhich we accept instructions on individual cases.

At the end of a case you will be advised of the outcome of the matter, provided with details ofany steps which you, the client, need to take and also of any timescales or deadlines which arerelevant. You will also be notified of all disbursements (counsels fees, cost draftsman's feesetc.) incurred on your behalf in respect of the matter. We will also tell you where the file is going

to be stored and for how long.6. LEXCEL ACCREDITATION

Legal Services is Lexcel accredited by the Law Society for its Practice Management Standards.

Our Practice Management Manual sets out the good practice standards required for allelements of work and service delivery.

We are audited annually by an independent Lexcel auditor appointed by the Law Society whoassesses our performance against the Lexcel standard.

7. IT SYSTEMS

All staff have access to fully networked system. Right to Buy (RTB) work is carried out on acase management system. All staff have e-mail and access to regularly used research materialon-line through Lawtel and CD-ROM's. All staff have Internet access and access to the time

I recording system to run necessary reports.

08. MONITORING

We aim to monitorthe work we do for you in a number of ways to ensurethat we provideaqualityefficientservicethat offersvaluefor money.

We have pre-definedoutcomesfor each worktypeusedin Legal Services. InstructingOfficersare advisedof the potentialoutcomefor a particularworktype when a new file is opened• Wewill monitor the outcome of all cases where we act for you against these predeterminedoutcomes. Eachyear we willprovideyou withan annualreport on all casesopenedand closedfor you in the precedingfinancialyear and theoutcomesof the closedfiles.

We operate a computerisedtime recordingsystem that retainsa full recordof time spent onevery case.

This information can be down loaded in various report formats to provide information on the totalhours recorded by worktype, client and officer.

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It forms the basis of reports provided to clients on a quarterly basis for performance monitoringpurposes. It will also be used to consider whether target hours for an individual client need tobe adjusted by negotiation following a half-yearly review.

We keep a record of expenditure on disbursements on a case by case basis. This will benotified to you each time a file is closed.

We will seek your feedback on work we do for you by carrying out random client satisfactionsurveys on at least 33% of cases once they are closed. This will enable you to comment on thequality of work we do on your behalf.

We also monitor the conduct of files through independent file audits usually as part of 1 to 1meetings held between managers and individual fee earners. This enables us to check ourperformance against our Performance Indicators and the Lexcel standards and identifies anyrecurring problems with particular worktypes. We also conduct file reviews if a matter is raisedas a complaint at a Performance Monitoring Meeting by a client or as a result of a complaint=

External monitoring of our service also takes place during the Annual Maintenance Visit by aLexcel auditor who is independent and approved by the Law Society.

O 9. MANAGEMENT AND SUPERVISIONWe ensure effective management of our service through monthly Strategic ManagementMeetings attended by the Chief Legal Officer and the Heads of Contentious and Non-ContentiousTeams andthe PracticeManager.

Changes in operationalproceduresare disseminatedat the OperationalManagementMeetingheld monthly (in between the Strategic Management Meetings) and attended by the abovemanagerstogetherwithall PrincipalLawyersinLegalServices.

The Chief LegalOfficerattendsthe DivisionalManagementTeam Meeting heldbytheAssistantto the Chief Executiveon a fourweekly basis.

Effectivemanagement and developmentof our staff is ensured throughparticipationin theCouncilsCorporatePerformance DevelopmentReview Scheme includingsix monthlyreviewmeetings.

We also holdfour one to one meetingseach year with ourstaff to discussworkloadin generaland identifycases which have or may becomeproblematic. At these meetings,between two

O_ reviewed independentfile auditsto ascertain performanceagainst theand six files are throughLexcel standards and our own performance indicators. This information is provided to thePracticeManagerand formspartof our annualriskmanagementreview.

We monitor our budget on a quarterly basis and consider our expenditureagainst annualprojectionsas well as incomerecovered.

10. COMPLAINTS

We aim to resolveall complaintsaboutour servicehonestlyand witha solutionthat satisfiestheclientwho has madethe complaint. We wouldlike complaintsabout the conductof a mattertobe resolvedat first instanceby the Officerwho has conductof the matter on yourbehalf. If it isnot possibleto do this,the complaintprocedureset outinAppendix3 shouldbe used.

A record of all complaintsmade is kept on an annual basis. This recordwill be analysed andwillform part of LegalServicesannual riskmanagementreview. A reporton the complaintswillalso be producedannuallybythe PracticeManager.

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11. EQUALITIES

Our commitment to the Council's equalities policy is ensured through: -

• Our in-house training schemes (i.e. PATH / graduate / spectrum). Our in-housedevelopment and training scheme under which we run courses in relevant areas. Weencourage attendance on appropriate external courses (subject to financial considerations)and maintain a central training record of all training attended by each member of staff.

• An annual audit of Counsel's chambers which includes their equalities standards.

Part B RSL's OBLIGATIONS

In order to enable the proper provision of a fully comprehensive legal service it isnecessary you to: -

1. General

• Provide full instructions in the standard format when required All referrals will be authorisedby delegated officers (see appendix 5)

• Provide evidence and witnesses for court.

e • Provide appropriate expertise in all matters (for example, from valuers, social workers,environmental health officers, trading standards officers, planners, surveyor's etc.) and meetany disbursements on experts' fees where you cannot provide the necessary expertise.

• Inform us immediately if changes arise in a case where we are instructed• Provide us with information within set time limits where statutory provisions or a court

timetable requires and let us know in advance if there is any delay or problem.• Let us know your annual strategic and operational priorities for your work.

2. Financial

• You will meet all disbursements on Court fees from your own budget.• You will meet all disbursements on cases for counsels' fees. We will use counsels'

chambers with which we have negotiated fixed fees unless you require a specific counsel tobe instructed on your behalf. You will be informed, in advance, if the case falls outside thefixed fee arrangements and Counsel will not be instructed unless you approve.

• You will meet all witness expenses and external expert advice of a non-legal naturerequired.

O'_ will account to for all income received and ensure that you are reimbursed inWe fully yourespect of income received on any matter on your behalf.

• Where we can we will pass on a charge to third parties unless instructed by you not to doSO.

• You will be required to provide the additional resources required for special and/or majorproject work where Legal Services identify that this cannot be dealt with within in-houseresources or to agree the suspension or the prioritisation of existing work to enable priorityto be given to the major project.

3. Performance Monitoring

You willnominatean Officerto receivequarterly performancemonitoringinformationfrom LegalServices.

Quarterly meetingswill be held withthe Practice Manager to discussthe informationprovidedand a scheduteof meetingswill be set up annuallyand agreed between both parties.

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A monthlyreconciliationof actualtimespentonlegalworkfor youagainstyearestimateswill beprovided(see appendix4)+ Thiswill form the basisof quarterlymeetingsto considertrends inworkwedo for you, identifyareasof concernor emergingissuesandavailabilityof resources.

PartC ADDITIONALSERVICESSPECIFICATION

YoumayagreeanadditionalservicesspecificationwithLegalServices.

Whereagreed,suchadditionalspecificationswillbe supplementaltothematterssetout inthisServiceLevelAgreementsave that where there is any apparentconflict,the termsof theServiceLevelAgreementwillprevail.

WhereAdditionalServiceSpecificationsare agreedtheywillbe readin conjunctionwith thisServiceLevelAgreement.

Part D BASISOF CHARGING

-_ 1. LegalServicesagreesthat it willprovidelegal servicesfor theClienton a retainerbasis." The retainerwill be on the basisof the specifiedhoursfor eacharea of work andat the

i agreedquarterlyfee.

AREAOFWORK WORKTYPES AGREED HOURS AGREEDFEESQuarterly

Quarterly

Litigation Various CASE BY CASE NONE. TO BERECHARGE BY TIME RECHARGED ON ANSPENT HOURLY BASIS AT

THE RATE OF £95PER HOUR.

RTBSales PRA Unitfee percase £165 percompletion

£82 per abortive_) sale

Oh PropertyWork Various Case by case None. To berecharge by time recharged on anspent hourly basis at the

rate of £95 perhour.

DeedsStorage N/A N/A £150

(if required)

2. The partiesagreethat theagreedhours andfees for eacharea of servicewill apply forthe period1 April2005to 31 March2006.

3. In the event that PoplarHARCAacquiresmorehousing stock at any time the partiesagreeto reviewthe agreedhoursandfeesset out in thisagreement.

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4. The partiesagree thatthe hoursaccountedfor underthis agreementwill becumulativefor the durationof the agreement. If at the end of the agreementthetotal agreedhoursis exceededPoplarHARCAwill payfor thoseadditionalhoursat the prevailingblendedhourly rate. If the total agreedhours are not fully used LegalServiceswill adjust thebillingin thefinalquarterto reflectthis.

5. Poplar HARCA will meet all disbursements incurred in acting on its behalf.Disbursementswill be billedat the endof eachcaseor underthe provisionsin Appendix4 Clause2.

Part E DURATION

1. The parties agree that this agreement will run from 24 July 2005 until 24 July 2007.

2. The parties agree that the charges set out in Part D, Basis of Charging, will apply from25 July 2005 to 31 March 2006.

3. The parties agree that for the period 1 April 2006 until 24 July 2007 new fees and• i_ available hours may be agreed for the provision of services under this agreement. Any

new fees and hours will be so agreed by an exchange of correspondence between theparties. Such correspondence will supplement this agreement and be deemed to bepart of the terms agreed between the parties.

Part F TERMINATION

Either party may terminatethis Agreementin whole or in part by giving to the other6 monthswritten notice to terminate provided that such notice to terminate cannot be given to take effectbefore the expiry of 12 months from the date of this Agreement.

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APPENDIX1

3. LEGAL SERVICES PERFORMANCE INDICATORS

Performance Indicator Target

1. We aim to allocate and acknowledgecases within 3 working All Filesdays of receivinginstructions(except bulk routine cases e.g.Rightto Buywhere5 workingdaysapplies).

2. We aim to respond to correspondence fully within 10 working 85%days or we will let you know why we cannot respond and whenwe expect to be able to provide a full reply.

3. We will issue proceedings within 20 working days of receiving full 100%

instructionsfrom you.

Legal services to advise Tcynbee Island Homes within 2 days of 100%receiving instructions if they are incomplete.

4. We will undertake all work we do for you in accordance with the ContinuingLaw Society Lexcel Practice Management Standards. accreditation

5. We will respond in full to all non-urgent requests for general 85%advice within 10 working days of receiving them or we will let youknow why we cannot respond and when we expect to be able toprovide a full reply.

O_ 6. We aim to reply to telephone and voicemail messages within 1 100%working day.

7. We will always let you know the outcome of your instructions All Fileswhen we close a file including:-

. any steps you need to take in connection with the case• the amount of time we have worked on the matter• allof the disbursements that we have incurred on your behalf• how long our file will be archived for• anything that you should be particularly aware of.

8. In cases that may require ex-parte injunctions verbal advice will 100%be given within 2 hours with attendance at court if required by theend of the following working day.

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APPENDIX2

CLIENT CARE STATEMENT - LEGAL SERVICES

1 PEOPLE RESPONSIBLE FOR YOUR WORK

The officer notifiedin the acknowledgementmemorandum after a file is openedwill carry outmostof thework on thismatter. His/hersupervisoris alsonotifiedin theacknowledgementands/he is ultimatelyresponsiblefor yourcase.

We try not to change the peoplewhoare handlingyourwork. If thiscannotbe avoided,we willnotify you of the new personwho will deal with the matter and explainwhy the changewasnecessary.

i') The officer dealing will explain to you the issues raised in this matter and keep you informed ofprogress. S/he will also advise you whether the likely outcome of your case will justify the

potential costs and expenses involved.

Overall responsibility for Tower Hamlets Legal Services remains with the Interim Chief LegalOfficer,Graham White.

2. CHARGES AND EXPENSES

Our services are provided on a retainer basis at the agreed blended hourly rates set out in PartD of this Agreement (except for Right to Buy cases where a unit cost is charged).

Our charges are based on the time we spend dealing with a case. This includes preparing andworking on legal documents and correspondence, attending meetings and court, making andreceiving telephone calls.

Charging rates for the retainer we have with you are set out in Part D of the Service Level') Agreement.

O) If we do obtain a costs order on your behalf from the court we will use the appropriate level ofrecharge for those costs by relation to the grade of fee earner in Legal Services or the rate for aparalegal officer.When calculating our charges, in addition to the time spent, we consider other factors includingthe complexity of issues, the speed at which action must be taken, the expertise or specialistknowledge that the case requires and if appropriate, the value of the subject matter involved.On the basis of the current information, we expect these factors to be adequately covered bythe hourly rates set out in Part D.

3. LITIGATION MATTERS ONLY

The vast majorityof the peoplewho bringclaimsagainst Poplar HARCA or againstwhom webringclaimsare in receiptof CommunityLegalServices(CLS) funding. As such,if the claimantor defendant loses, s/he can onlybe ordered to pay what is reasonablehavingregardto all ofthe circumstancesincluding(a) the financialresourcesof the parties to the proceedings,and (b)their conduct in connectionwith the dispute. Consequently,Poplar HARCA is rarely able torecovercoatsfrom an individualwho is in receiptof CLS funding.

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It is possible in very limited circumstances to obtain costs from the Legal Services Commission,however there are four conditions.

If cost liability was summarily assessed at the end of the trial, the request against theCommission must be madewithin three months;

The assisted person must have commenced the proceedings;

The unfunded party (Poplar HARCA) must prove that it will suffer severe financial hardship if itscosts are not paid;

It must be just and equitable for the costs to be paid from public funds.

Having regard to these requirements we advise you that where the other party is in receipt ofCLS funding, you should approach this case on the basis that even if we win, you will notrecover costs from them.

In some circumstances, the court can order you to pay the other party's costs (most commonly,where a case is lost). You will pay this money in addition to our charges and disbursements.

4. NON LITIGATION MATTERSONLY

In some caseswe will try to recoverour costsand this is off set againstour retainer/rechargefee calculatedby referenceto the hourlyrate. For example, commercialleases, etc. for whichwe make a charge to the other party for our time. For all other matters(e.g. contracts,landdisposals/acquisitions)each side generallybears itsown legalcosts.

5. DISBURSEMENTS

These are thingssuch as court fees, land registryfees, counseland expert fees. tn the mainthese will be met by us and recharged to you. However we do not meet disbursements forexternal clients, non-legal experts (e.g. medical witnesses)

In these circumstances disbursements will be recovered from you in addition to theretainer/recharge fee.

e) 6. STORAGE OF PAPERS AND DOCUMENTS

We normallykeep our file (except for papers returned to you) for at least 6 years for litigationmatters and at least 12 years for some types of property transactions. After that time we willreview the file with a view to destruction. We will notify you of our storage and destructionarrangementswhen the matteris concluded.

7. TERMINATION

You may terminate your instructionsto usin writingat any time.

In some circumstances, you may consider we ought to stop acting for you, for example, if youcannot give clear or proper instructions on how we are to proceed, or if it is clear that you havelost confidence in how we are carrying out your work.

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We maydecideto stopactingfor you butonly if we havea good reason,forexampleif we areunableto provideadequatelegalexpertiseor a conflict of interestarises. We will give youreasonablenoticebeforewe stopactingfor you.

8. COMMUNICATIONBETWEENYOUANDUS

Ouraim isto providea qualityserviceto youin allrespects.If however,youhaveanyqueriesor concernsaboutourwork,pleaseraisethemwiththeofficerdealing.If thatdoesnotresolvethe problem,or you wouldprefer to speak to someoneelse, pleasecontacthis or hersupervisor.If youwishto pursuethematterfurther,youshouldcontactthePracticeManager.

Allsolicitorsmustattemptto resolveproblemsthatmayarisewiththeirservices.It is importantthatyouimmediatelyraiseanyconcernswithus.

9. CONCLUSION

Unlessotherwiseagreed,thesetermsofbusinessapplyto anyfutureinstructionsyougiveustoactonyourbehalf.

-_ Your continuinginstructionswill amountto your acceptanceof theseterms and conditionsof

business.This is an importantdocument. Pleasekeepit safelyforfuturereference.

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APPENDIX 3

COMPLAINTS PROCEDURE

1. At first instance the complaint should be made to the officer who has conduct of the matter.The cause of concern should be identified and, if possible, a remedial course of actionagreed.

2. If it is not possible to resolve the complaint at this level, then contact should be made withthe supervisor detailed on the acknowledgement memorandum. The cause of concernshould be identified and, if possible, a remedial course of action agreed between the clientand supervisor. Both client and supervisor will be responsible for ensuring that any actionagreed is followed up by each of them within a mutually agreed timescale.

3. If it is not possible to resolve the complaint through either step 1 or 2, then the client may

formal only be made by a fourth tier officer ormake a formal complaint. A complaint mayabove. This allows a senior officer to analyse the merits before making a formal complaint.

4. All formal complaints should be made to the Practice Manager of Legal Services. In themain, all complaints will be investigated and resolved by the Practice Manager.

5. If the Practice Manager considers it is inappropriate for her to deal with a particularcomplaint (for example, because it concerns a member of her team) she may refer it to theChief Legal Officer, Head of Contentious Team or Head of Non Contentious Team to beinvestigated and resolved.

6. All complaints will be dealt with as follows: -

• A complaint will be acknowledged within 2 working days

• A complaint will be dealt with substantially within 20 working days

-- • If it is not possible to investigate and resolve the complaint within this time limit, the client

O) will be advised and a new date suggested for completion of the matterwhy

• A review will be undertaken of the case file

• If necessary, the fee earner and the complainant may be interviewed

7. Once the investigation into the complaint is concluded:-

• A full report will be made in writing to the complainant

• If appropriate, a formal apology will be made

• The response will set out how the complaint will be remedied with any time limits which areto apply

• The response wiltalso set out how the results of the complaint will be used so as to avoid asimilar situation arising in future. This may lead to review of our internal procedures and achange in operational procedure

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8. All complaintswillbe reviewedannuallyandassessedas partof our riskmanagementreview.We willalsoincludea reviewofallcomplaintsinourannualreport.

e

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APPENDIX 4

ADDITIONAL SERVICES SPECIFICATION

1. Legal Services agrees to provide the following additional monitoring information to theClient:-

1: Quarterly monitoring of hours spent undertaking work for the Client to anominated recipient.

2. Legal Services will bill for all disbursements at the end of a case save where the caseremains a live matter over the course of one or more financial years.

i'-i') In such cases, disbursements will be billed at the end of the financial year(s) on an

interim basiswith the final disbursements bill (less the interim payment) being paid at theend of the case.

3. Legal Services will consult Poplar HARCA, if practicable, in relation to the choice ofbarristers instructed to act on their behalf.

APPENDIX 5

RSL's OFFICERS

1. All referrals to legal services will be authorised by Officers set out in Clause 1.1. Legal

Services will not accept referrals from officers not so authorised and will contact anofficer from the attached list within 2 working days of an unauthorised referral.

1.1 Authorised Officers

To be confirmed

1.2 Poplar HARCA will advise the Practice Manager of Tower Hamlets Legal Services inwriting of any amendments/additions/deletions to the schedule of authorised officers.

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It is agreed that the terms of this agreementwill be bindingon the partiesas set out in thedocument.

For andon behalfof PoplarHARCA

Ann Drake, Practice Manager

' _ For and on behalf of Tower Hamlets Legal Services

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SCHEDULEC

Concierge,CCTV& MobilePatrolServices

TradingServiceAgreement

For

Poplar Harca

1.0 The Scope of the Service Agreement,

1.1 This Agreement covers the Concierge and CCTV Services withinthe BalfronTowerand Carradale House dwellings.Poplar Harca has identified that the SecurityServiceswill reduce the level of Anti Social Behaviour,Vandalism and Crime associatedwithInner LondonEstates.The workwillbe undertakenbythe contractor,SectorGuardPIc,for the Council'sEstateServicesSection.

1.2 The definition of Security Services for the purpose of this Agreement includes the

following:

• CCTV - Monitoring of areas coveredby camera equipment.

1.3 The Agreement includes for the management of the above service by a named EstateServices Officer (ESO) based within the Housing Directorate's Estate Services Section.Where the named officer is not at work during the working week then officers from PHwill be able to contact a named manager who wiUrespond to any reasonable request forinformation and or assistance.

1.4 The ESO will manage the above works primarily through the existing Council contractwith SectorGuard PIc. Other Contractors can only be engaged by the named officer toundertake work included in this Agreement with the priorpermission of Poplar Harca. Itis understood that the LBTH contract with SectorGuard PIc will run until 2009.

2.0 Responsibilities of the Estate Services Officer

2,1 It is expectedthat the ESO and Regents Area Manager willvisitthe siteat random times

O") to inspect concierge offices and guards. It is expected that these service inspectionswillbe undertaken on at least a monthly basis and more frequently where necessary. Abreakdown of the monthly cost of the service to PH will be detailed on the relevantmonthly invoice submitted for the management of the contract.

2.2 The ESO will provide reports as necessary relating to services carried out at the site andwill deal with correspondence, complaints and queries from PH.

2.3 The ESO will be required to attend meetings with PH officers and residents from time totime. The ESO will provide the Retail and Stock Transfer Manager for PH a report of thevisit and any details of any action required by the Contractor, the ESO or PH. The reportwill include, where possible, indicative target dates for completion of any action listed.

2.4 PH will undertake, satisfaction surveys relating to the performance of the Contract on aperiodic basis.

2.5 The ESO will keep the Retail and Stock Transfer Manager for PH informed of any issuesrelating to the contract, which may have an impact on service delivery. This will include:

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• Any revisions to the specification of service set out in this Agreement.

• Any contractual issues, which are likely to affect the scope and specification of theservice, set out in this Agreement.

2.6 The ESO will provide advice to PH officers on the operation of the contract and willactively progress on behalf of PH any matters of non-performance by the contractor.This may include the issue of default notices as allowed under the contract in order toseek an improvement in the Contractor's performance where appropriate.

2.7 PH will from time to time require the ESO to attend the Board and present a report onthe performance of the contract including monitoring information. Results of anysatisfaction surveys undertakenwill be reported by PH officers.

2.8 The ESO wilt ensure copies of the daily log entries and incident reports, as and whencompleted, are sent to the Tenancy Enforcement Manager at PH.

3.0 Duration of the Trading Service Agreement

i_ 3.1 The trading services agreement will run for a period of no more than one year starting12th November 2007 and ending on 11m November 2008. At the end of the year theagreement may be extended by mutual consent, subject to the Contractors contract.Each party have the right to terminate the agreement subject to one months notice.

4.0 Specification of Work to be undertaken by the Contractor.

4.1 As per Appendix 1, specification from current contract.

4.2 The Contractor may be required to attend site inspections from time to time at therequest of the PH Housing Manager.

4.3 The Contractor may be required to attend the Board from time to time at the request ofthe Chair of the PH board.

5.0 Variations to the Contract

5.1 PH may during the course of the year remove the Service from the site. Reasonablenotice of one month is to be given by PH. The contractor through the contract with

O") LBTH, will be entitled to financial remuneration for any expenditure made on their part tosupply the service. PH will be responsible for this cost through this agreement.6.0 Budgetary Provision

6.1 Poplar Harca has made budgetary provision to meet the cost of the service to beprovided by this trading agreement including the following:

• To cover the cost of supplyingguards to the sites as per the agreed hourly rate.

• To cover the cost of the overheads, repairs, supply of office equipment at theconcierge office site.

7.0 Invoices

7.1 PH wilt receive monthly invoices relating to:

• The work undertaken by SectorGuard PIc.• The servicesof the ESO.

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8.0 Responsible Officers

8.1 The namedEstateServicesOfficerfor the purposesof this tradingagreementis TerryBarratt.

8.2 The named EstateServiceManagerfor the purposesof this tradingagreementis BobGeodbody.

8.3 PHis to beconsultedonanyalterationsto the namedofficers.

9.0 Signatories

The signatories below are authorised to countersign this agreement and its conditions onbehalf of Poplar Harca.

_ Position.........................................................

Signature.......................................................

Print Name.....................................................

,

Position.........................................................

)

Signature.......................................................

PrintName.....................................................

For LBTH.

Position... Contract Administrator

Signature.......................................................

Print Name. Terry Barratt

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CONCIERGE SPECIFICATION:

Concierge Officer

The contractor will provide screened and fidelity bonded Concierge Officers with a very goodcommand (to the satisfaction of the Contract Administrator) of written and clearly spokenEnglish language. The company shall only employ persons of competence and integrity.Where employment is on a part-time basis, checks on staff suitability should remain thoroughand of no lesser standard than the procedures adopted to employ full-time staff. All operativesare to comply with BS Code 7499:1998

Desk Reception Service

The scope of this service includes the operation of reception services and door entry securitysystems; providing a secure and welcoming reception service to the residents of the block;preventing unauthorised visitors from entering the building;and ensuring the security and safetyof residents. All visitors to the block are to report to the concierge, who will then notify the

_ resident of their arrival and only allow access with the residents' permission. The operative is. expected to play a role in fostering good relations and better quality behaviour among residents

O_ and their visitors.

Maintaining Records of Visitors

The conciergeofficersmust maintainand recorda list of all visitorsto the building,the timeoftheir arrival and name and address of the residentto be visited,and maintainand record allincidentsin an IncidentRegister.The master copyof the IncidentRegisteris to be held in theconciergeoffice.

Deliveries and Leaflet Distribution

The concierge officer must ensure the resident is at home before allowing access for deliveriesetc. For security reasons_ the concierge officer should not_ under any circumstances,receive deliveries, parcels or other goods for or on behalf of residents or contractors.Leaflets and flyers are to be left on the concierge desk or in the lobby area.

) In the case of parcel deliveries, the concierge may, subject to suitable proof of identification" from the delivery operative, allow access if the resident is not at home, for the purpose of

O") posting a card advising of the attempted delivery. Under no circumstances, however, shouldparcels be left outside resident's homes or in any communal areas, and the concierge should bevigilant in preventing this.

Miscellaneous Duties

The concierge officer must keep notes on messages taken, accidents, damage to Councilproperty and any other unusual occurrences. This record is to be signed by the conciergeofficer and 100% of Incident Reports are to be faxed to the Contract Administrator within 24hours. Notice boards are to be checked regularly and approved Council notices/posters are tobe placed on the notice board as directed.

Incident report book

An Incident report book shall be maintained for operatives to record details of any incidentsoccurring/observed during their shift. The record shall include the date and time of the incident,a brief description, the video tape reading at the start and finish of the incident (if appropriate)and details of the operative who recorded the incident. The person entering them shall signsuch written records. The Incident report book should be stored in a secure and designated

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IJAI_ I- ;_4

place. A monthly summary of incidents at all sites shall be sent to the Contract Administratorwithin five days of the end of each month.

Emergency Spot Cleaning

The purposeof the emergencyspotcleaningserviceis to keep the lift and lobbyarea clean andtidyat all times.The conciergeofficeris to ensureemergencyspot cleaningof the liftand lobbyarea in additionto the regularcleaningprovidedbythe Councit'scaretakingservice.Emergencyspot cleaning is to be carriedout to those parts of the lobby and lift area within sight of theconciergedesk,when it is safe for the officer to do so.The officershouldensure that any itemsof litter, refuse, rubbish, excrementor otherdeleterioussubstancesare removedpromptly toachieve a clean and fresh-smellingenvironment at all times. Any such incidents should berecordedin the Incidentreportbook.The Councilwillsupplyall cleaningmaterials.

Contact with Residents

The Councilhasan expressedcommitmentto the highestpossiblestandardsof Customercare.The conciergeofficer mustact as the initialpointof contactfor residents,continuallyfosteringgood relations,and dealingwiththe publicin a pleasantand courteous manner.A professional

_) performance and high profile customer care, with a friendly and helpful attitude, will be expected" at all times. The Concierge Officer is expected to develop a knowledge of and relationship withe

residents of the block and to demonstrate pride in the block and the service that they provide.Identification of Staff

A Staff rota must be displayed in the lobby area. All employees should be issued with and carryat all times whilst on duty, a photographic identity card confirming their position within thecompany. Council staff should only be allowed access to the concierge office if they arecarrying official London Borough of Tower Hamlets identification.

Uniform

Any uniform provided to an employee should be in a good state of repair and cleanliness. Darkties and plain black shoes or boots must always be worn. The uniform must display insigniaidentifying the company providing the service and the wearer as a company employee. This isto take place at all times in 100% of cases.

Service Provision

O") The contractorshall ensure full cover for sickness, breaks, annual leave and emergencies. Theservice is to be provided at all times specified in the rota. The Contractor is to fax the ContractAdministrator at the start of each shift in the case of any absence. This is to be achieved in90% of cases at the start of each shift or within one hour of the shift commencing in 100% ofcases. The contractor is also to fax the Contract Administrator immediately in the case of anyconcierge officer becoming absent during the course of the shift It is the intention of the Councilthat service at each block will ordinarily be provided by the same concierge officer(s), except inthe case of sickness or annual leave or other exceptional circumstance

Complaints

Complaint forms are to be provided by the Contract Administrator and will be made available toall residents and visitors at the reception desk. A notice must be displayed at the receptiondesk indicating their availability. Complaint forms will be returned by the resident direct to theContract Administrator to investigate the complaint.

Identity of Contractor

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A notice is to be displayedat all entrancesand lobbyareas of the buildinggivingthe name andaddressof the contractor.

Health & Safety Requirements

The Contractor will be required to follow all Health and Safety legislation(such as theC.O.S.H.H regulationsfor any chemicaluseandstorage) Smokingis notallowedat anytime.

Radio,televisionor hi-fiequipmentwill not be allowedon the premises.Conciergeofficersmustnotat any time use site telephonesor personalmobiletelephonesto make or receivepersonalcalls,except in case of emergency.

Safety of Staff working on their own

The ContractormustcomplywithCouncil regulations.These state that any riskarisingfrom thecircumstanceswherebystaffmay be requiredto workon their own mustbe assessedin the riskassessmentof their activityas requiredby the Managementof Healthand Safety Regulations1992. The Contractorwillensure thatthere is a systemof loggingin and out at the start/endofshift, and regular checks are made on the condition of lone workers especially those who are

required to work outside normal office hours.

O, Recording of AccidentsAll accidents or incidents including near-misses ( Le. where no-one has been injured but therewas potential for injury or damage), to either concierge staff or residents or visitors, should berecorded so that hazards can be identified and action taken to remove or reduce the risk. Allsuch reports must be copied to the ContractAdministrator within 24 hours.Where the accident isserious, or a notifiable dangerous occurrence, the Health, Safety and Emergency PlanningSection along with the Housing Directorate Safety Adviser should be notified immediately bytelephone so that the Health and Safety Executive can be informed as soon as possible.

Incidents of Violence

Incidents of violence (either threatened or actual) or abuse against staff must also be recordedand details (if possible giving details of perpetrator) faxed to the Contract Administrator within 24hours.

") Languages

.,=_ Fluency and clarity in spoken and written English is required and at some sites the conciergeg, may need to speak another language as specified in the Priced Schedules.

Monitoring by Residents

Resident monitoring of Council services is actively encouraged to ensure that good standardsare maintained. As well as the Council's own monitoring systems and procedures, a sample ofresidents will be asked to complete a survey by the Contract Administrator from time to time todetermine satisfaction with the service, the results of which will be used to help administer thecontract and improve service delivery.

Attendance at Meetings

The Contractor is to attend liaison meetings with suitablequalified and informed Council staff,resident'smeetings, local forums and Tenants Compactmeetingsas reasonablyrequired by theContract Administrator.

Handover of Systems

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There may be some disruption whilst redecoration and servicing of equipment on some sites iscarried out. The Contractor should allow for this in the pricing schedule and for additionalsupervision time required to attend on site training.

Fire Safety Procedures

The Contractor is to comply with the 'Fire Safety Procedures in Council Housing Blocks Code ofPractice', carrying out daily inspections of fire alarms, smoke dispersal systems and emergencylighting systems within the ground floor lobby and reception areas and recording the inspectionsin a log book to be kept within the concierge office. The concierge officer is to respondappropriately to emergency incidents, notifying the Emergency Services and recording all suchincidents in the official Incident Register.

Security Alarms

The Contractor shall ensure the security of the concierge office/reception area at all times andensure that the concierge staff are fully aware of the use of the operation of the security alarmand the action to be taken in the case of a false alarm.

._"_ The Contractor will be required to provide the services of a 'key holder' for the concierge office• and to attend on site if required by the emergency services.

The Contractor should note that the security alarm monitoring companycharge for alarms

activated in error by concierge staff. These costs will be charged to the Contractor.

Keys for the Concierge Office

The Contractor is to keep a spare set of keys off site in a secure cabinet available for delivery tosite in case of missing keys or in an emergency.

Supervisors Inspections

The contractor will provide a suitably qualified member of staff to carry out inspections of allsites every 28 days. A full report confirming that the standards meet the terms of thespecification or proposing action to rectify any problems will be provided to the ContractAdministrator within 5 working days.

_) First Aid Kit and torch

The Contractor is to provide all concierge offices with a fully equipped and maintained first aidkit and torch complete with spare batteries.

Equipment operation and report forms

The Contractor is to ensure that all staff working within the concierge office, whether on aregular or temporary basis, is fully aware of and able to use all systems and equipmentcontained therein. The Contractor is to provide a manual on the site's requirements and theconcierge operator shall carry out a complete check on the operation of all cameras/recordersand equipment and report any defect to the Contract Administrator. The Incident report bookwill record any defects to the equipment or items within the concierge office. This is to becarried out in 100% of cases.

Lifts

Each lift should be inspected at the start and end of each shift to ensure that the following arefully operational:

5708745.3[ALS/T2361/37] 15/11/2007

r/,,_ _ [. ,,#f

• Alarmbutton • Safetyedgeof door• Dooropenbutton • Doorrunnersareclearof dustand• Lighting debris

A log of all inspections should be held within the concierge office. Any operational difficultiesshould be reported to the Council's Repairs Help Centre 0207-364-7070 (24 hours).

In the event of the lift becoming trapped between floors, the concierge officer shouldimmediately telephone the Fire Brigade and then contact the Repairs Help Centre.

The occupants of the lift should be reassured (if possible) that help is on the way. Theconcierge officer must await the fire brigade and give assistance as needed and report in theIncident report book. A copy of the report should be faxed to the Contract Administrator or theCouncil's out of hours service immediately the incident has ended. This is to happen within 1hour in 100% of cases.

The Council's Repairs Help Centre may from time to time contact the concierge officer to check(from the ground floor only) operation of a lift prior to issuing a repair order. The contractor is to

(i_ co-operate fully with any such requests.

NoiseCare must be taken to ensure the level of noise in the office/reception area does not cause anyinconvenience to residents at any time.

Training

The contractor will be required to provide training to staff and supervisors who will be operatingthe concierge system. The costs for the training will be covered in the pricing schedule. Aninitial training session organised by the London Borough of Tower Hamlets will be held forconcierge officers prior to the start of the contract. This training will cover the following:

• The aims of the service • Health and Safety• Service levels required • Operation of equipment• Customer relations • Fire safety

• Security of tapes • General Duties'i> • Reporting of Incidents • Record Keeping

-i_) • Controlof access to blocksv

The Contractor's staff shall provide all further training. A new employee going to a firstassignment or transferring to a new assignment should be given training prior to taking up theirduties.

London Borough of Tower Hamlets will also conduct or arranged training for concierge officers(and other of the Contractors staff as appropriate) when new CCTV equipment is installed, orexisting equipment is upgraded. The contractor shall provide all subsequent training on thesesystems

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THE COMMON SEAL of THE MAYORAND BURGESSES OF THE LONDONBOROUGH OF TOWER HAMLETSwas hereuntoaffixedby Order of

, OS Cabinet06/06/07 inthe presenceof:

.......................................................... i

Authorised Signatory

J

THE COMMON SEAL ofPOPLAR HOUSING AND REGENERATIONCOMMUNITY ASSOCIATION LIMITEDwas hereunto affixedin the presence of:

Authorised Signatory

,)

Authorised Signatory

5708745.3[ALS/T2361/37] 15/11/2007