Gloucestershire County Council Commissioning Team

______________________________________________________________________

Invitation to Tender for the Delivery of Children’s Centre Services for Children Pre-birth to Five Years and their

Families in Gloucestershire_________________________________________________________________________

Comprising:PART A1. Information for Potential Providers 2. Instructions for Potential Providers3. Contract Terms and Conditions

a) Terms and Conditionsb) Schedule 1 Specification, KPI’s, Monitoring and Performance

Criteriac) Schedule 2 Pricing Schedule and Example Financial Reportingd) Schedule 3 Staffing Transfer

PART B4. Form of Tender5. Tendering Certificate6. Guarantee Undertaking7. Supporting Documents/Audits

a) Financialb) Insurance liabilityc) Health & Safetyd) Environmente) Workforcef) Safeguardingg) IT Management Systems

8. Responses to the Specification/Budget Forecast9. Checklist

Appendices1. Locality Performance Reports2. Map of Children’s Centres3. Budget by Locality4. Finance Quarterly returns sheets5. Pension Information6. Actuary Reports7. HR/Tupe Information8. Staff Lists by Locality9. Property Information10. Condition Surveys11. IT Management Options

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12. Contracts Already Held by Centres13. Overarching Strategy14. Overarching Specification15. Growing Great Futures Information16. Specialist Service Information17. Safeguarding Standards18 Memorandum of Understanding – Childminding

Date of despatch of Invitation to Tender: 3rd July 2012 Tender return date: 9th September 2012Notification of award: December 2012 The ITT consists of 167 pages

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PART A – THE COUNCIL’S REQUIREMENTS

The following 3 sections set out general information about the requirement; the Authority’s Contract Terms and Conditions and bidding specification.

Potential Providers are asked to make their responses to these requirements by completing and returning the Tender Document in Part B of this Invitation to Tender.

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Section 1 – Information for Potential Providers

1. Introduction

1.1 This tender forms part of a wider strategy agreed between Gloucestershire County Council and NHS Gloucestershire designed to support early intervention for young children through effective universal support (largely delivered through community health services) and intensive support for families where children are at risk. A set of overarching outcomes and specification have been agreed by the Joint Commissioning Board to include all early childhood services in the county and which takes account of the government’s commitment to substantially expand the number of health visitors across the country.http://www.gloucestershire.gov.uk/extra/article/109000/Early-Years-Strategy

1.2 This will ensure that all services for early years remain relevant, offer value for money and will maximise the opportunity for Gloucestershire County Council and NHS Gloucestershire to achieve their strategic objectives of working together to ensure that families with young children get the best start in life.

1.3 The strategic framework recognises the important role that Children’s Centres have in Gloucestershire in leading, providing and co-ordinating integrated services for children under five and their families. Much research and evidence emphasises the benefits that come from identifying need early and intervening sooner in order to prevent difficulties from escalating and becoming more challenging and costly to ameliorate.

1.4 It builds on what is already happening across partner organisations who already contribute to the delivery of early childhood services. There is a focus on new and innovative ways of working which will make the best use of the total workforce avoiding duplication of effort, and having a shared understanding of an integrated approach to achieving improved outcomes for vulnerable families. This includes enabling a skills mixed workforce that spans a number of different services e.g. Health visiting and Children’s Centres family support and nursery nursing.

1.5 It takes account of parental views and the local and national policy; particularly the need to procure services that will offer universal provision whilst also ensuring targeted support to the most disadvantaged, make the greatest impact on reducing child poverty and enabling those children and families to be successful.

2: Outcomes for children and families

There are four overarching outcomes that we would want to see achievedfor young children and their families:

Outcome 1: Young children develop well and are ready for school.

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Outcome 2:Parents have high aspirations for their children, good self esteem and the skills to help their children grow and develop.

Outcome 3:Families are healthy and have good emotional and mental well being.

Outcome 4:Families who are identified as being in ‘greatest need’ have sustainedcontact with appropriate services for young children and their parents.

These high level outcomes form the basis of any commissioning or provision activity for young children and their families, with indicators and measures being identified that can help demonstrate progress against achieving them.

3. Evidence Base¹

3.1 The first few years of a child's life are fundamentally important. Evidence tells us that they shape children’s future development, and influence how well children do at school, their ongoing health and wellbeing and their achievements later in life.

3.2 The foundation years (minus 9 months - 5 years) are therefore seen as vitally important both in their own right and for promoting future life chances.

3.3 Government have taken forward the view that the economic cost to society of failing children in the foundation years is becoming increasingly well understood - with its importance in underpinning later achievement in life and social and emotional well being.

4. Legal Responsibility

4.1 Children’s Centres were developed as part of the last government’s policy to invest in the early years, they initially built on Sure Start programmes that were run in the most deprived areas and then broadened out to a universal service that now serves every community. The 2006 Childcare Act gave local authorities statutory responsibilities to secure such services as part of an overall duty to ‘narrow the gap’ in relation to outcomes for under 5s. Gloucestershire now has 39 centres which vary between large centres offering a wide range of services throughout the week in deprived areas and smaller ‘bases’ that offer fewer activities and interventions.

4.2 The previous government demonstrated its commitment to Children’s Centres by legislating to give them a statutory basis. The Childcare Act 2006 imposed duties on local authorities to improve the well being of young children in their area and reduce inequalities, and to make arrangements to secure early childhood services that are provided in an integrated way in order to improve access and maximise the benefits of those services to young children and their families.

4.3 The Childcare Act defines a Children’s Centre as a place or a group of places (recognising that some centres can operate on split sites) which is:

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i. managed by or on behalf of the local authority to secure that early childhood services are available in an integrated manner,

ii. through which early childhood services are made available, andiii. at which activities for young children are provided.

4.4 Early childhood services are defined in this context (defined in section 2 of the Childcare Act) as:

childcare for young children; social services relating to young children, parents and prospective

parents; health services relating to young children, parents and prospective

parents; employment support from Jobcentre Plus for parents or prospective

parents; and the local authority’s information, advice and assistance service relating to

childcare and other services and facilities relevant to young children and their families.

5. Context

5.1. Gloucestershire’s Children Centre programme was completed in 2010.There are a total of 39 Children’s Centres in 20 clusters in Gloucestershire.

4 centres based in Gloucester North locality 6 centres based in Gloucester South locality 5 centres based in the Forest of Dean locality 7 centres based in Stroud locality 4 centres all part of 1 cluster based in Cotswold locality 7 centres based in Cheltenham locality 6 centres based in Tewkesbury locality

Appendix 2:- Map of Gloucestershire showing Children Centre reach areas

5.2 The Children Centre programme was developed in three phases according to areas of greatest deprivation based on Income Deprivation Affecting Children Index (IDACI) data.16 centres serve 30% most disadvantaged communities and 23 centres serve the 70% most deprived communities.

• 8 Phase 1 centres opened in 2006 all 30% centres• 23 Phase 2 centres opened in 2008, 8 centres 30% and 15 centres 70 %• 8 Phase 3 centres opened in 2010 all 70%

5.3 There are currently 33,438 children aged 0-4 in Gloucestershire of which 11,477 are living in areas considered to be the most deprived.

6. Consultation

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6.1 Between 20th July and 30th September 2011, Parents and professionals across Gloucestershire, were invited to take part in a county wide consultation to inform a review of children’s centre services. The consultation has proved to be powerful tool which provided a whole range of useful information to inform the future. A total of 1206 people responded to the questionnaire, and 227 people joined focus groups.

http://www.gloucestershire.gov.uk/extra/article/106767/Consultation-and-performance

7. Gloucestershire Children and Young Peoples Plan

7.1 We are working on the 2012-15 Children & Young People's Partnership Plan' (CYPP) and, as with the previous plans, it will be agreed and monitored by the partnership now known as the Gloucestershire's Children's Partnership (GCP) - formerly the CYPSP. This is a partnership of the key organisations providing services for children and young people in Gloucestershire. The Plan will focus on areas where better partnership working will really make a difference to the outcomes for our vulnerable children and young people. For the first time the Plan will be linked to the strategy of the Health & Wellbeing Board.

7.2 The Plan's strategic aims Our vision is:

‘To ensure our children and young people thrive and reach their full potential; providing appropriate support for those who need it most’.

Our aims:Vulnerable children and young people will:

Enjoy the best start in life Maximize their capabilities and have control over their own lives Be safe from injury, exploitation and harm1

We will: ‘Work well together to provide right and timely effective intervention for

vulnerable children and families as early as possible’

http://gloucestershire.gov.uk/CHttpHandler.ashx?id=51820&p=0

Section 2 – Instructions for potential providers for the delivery of children’s centre services for children pre-birth to five years and their families, in Gloucestershire.

1¹Early Intervention: The Next Steps Graham Allan MP . HM Government (Jan 2011) ; The Foundation Years:preventing poor children from becoming poor adults , Frank Field , HM government ( December 2010); The Munro Review of Child Protection , Professor Eileen Munro , Department for Education ( 2010) ; Claire Tickell The Early Years Foundation Stage Review ( May 2011) Fair Society , Healthy Lives , The Marmot Review Dept of Health ( Feb 2010) Supporting Families in the Foundation Years Dept for Education and Dept of Health (2011); Families in the Foundation Years – Evidence Pack Dept for Ed and Dept of Health ( 2011)

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1. Statement of Purpose

1.1 Gloucestershire County Council wishes to submit to tender the requirements for the provision of Children’s Centre Management. Bids are invited for one, two, three or four of the following localities. Bids are invited for management of all children’s centres in each locality.

1.2 You may bid for any combination of localities. Each must be produced as a completely separate bid and must be specific to the locality you are tendering for, acknowledging the different needs of the community the centre will serve.

1.3 The contract period will initially be from 01st April 2013 to 31st March 2016, with an option to extend for up to a further two years plus another two years for 31 of the 39 centres.

1.4 For the remaining eight centres:- River, Family Tree Cluster , Parliament Cluster and The Link the contracts will begin from 1st September 2013 to 31st

March 2016 with an option to extend for up to a further two years plus another two years.

1.5 Further Information on each locality see the listed appendices:

Appendix 1 Gloucester North Appendix 1 Gloucester South Appendix 1 Forest Of Dean Appendix 1 Stroud Appendix 1 Cotswolds Appendix 1 Cheltenham Appendix 1 Tewkesbury

Locality 1: The provision of management of 4 children’s centres based in Gloucester North District.

Bartongate (Widden and Hatherley sites) Finlay and Tredworth (two sites) Kaleidoscope 1 (Kingsholm) Kaleidoscope 2 (Elmbridge)

Locality 2: The provision of management of 6 children’s centres based in Gloucester South District

The Compass The Lighthouse The Link The Oaks Quedgeley The Beacon

Locality 3: The provision of management of 5 centres based in Forest of Dean District

River Hilltop The Family Tree – Leaves

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The Family Tree – Branches The Family Tree – Twigs

Locality 4: The provision of management of 7 centres in the Stroud District Parliament Nailsworth Painswick The Park Five Ways Treetops Wotton

Locality 5: The provision of management of 4 centres based in the Cotswolds District

Springboard Cirencester Springboard Stow Springboard Northleach & Fairford Springboard Tetbury

Locality 6: The provision of management of 7 centres based in the Cheltenham District

Hesters Way Rowanfield Gardners Lane Up Hatherley Leckhampton Oakwood Charlton Kings

Locality 7: The provision of management of 6 centres based in the Tewkesbury District

Brockworth The Jigsaw (Churchdown site and Innsworth site) Bishops Cleeve Winchcombe Noah’s Ark (Queen Margaret site and Tewkesbury C of E site) Northway/Ashchurch

1.6 Organisations are now being formally invited to meet these requirements and the purpose of this document is to provide the necessary information to enable Potential Providers to submit a response.

2. General Information and Instructions

2.1 Compliance with Instructions:

“Authority / Authority’s” means purchasing organisation that is seeking to award a contract.

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“Potential Provider” means the business or company which is completing this Invitation to Tender Document, (ITT).

2.2 Potential Providers proposing to submit a tender are advised first to read all the documentation carefully to ensure that they are fully familiar with the nature and extent of the obligations to be accepted by them if their tender is accepted.

2.3 Tenders submitted shall be in accordance with and subject to the terms of these instructions and other documents comprising the Invitation to Tender.

2.4 Tenders not complying (or which cannot promptly be rendered compliant) with any mandatory requirement will be rejected. A mandatory requirement is indicated by the word "shall" or "must”.

2.5 Any queries about the tender documents, Tendering Certificate or Contract Terms and Conditions which may affect the preparation of the Potential Providers tender shall be raised without delay through the portal www.supplyingthesouthwest.org.uk question and answer section. No queries will be accepted after 10 working days prior to the submission date.

2.6 If the Authority considers any question or request for clarification to be of material significance, both the question and the response will be communicated to all Potential Providers through the portal.

2.7 All responses received and any communication from Potential Providers will be treated in confidence but will be subject to the Freedom of Information as stated in paragraph 2.19.

2.8 The Authority is seeking offers by issuing this Invitation to Tender following advertisement in pursuance of The Public Contracts Regulations 2006, OJEU open procedure.

2.9 This Invitation to Tender does not constitute an offer and the Authority does not undertake to accept any tender. The Authority reserves the right to accept any part of any tender.

2.10 The Authority will not reimburse any tendering costs.

Preparation of the Tender - Confidential Nature of Tender Documentation and Bids

2.11 Potential Providers shall not discuss the tender they intend to make other than with professional advisers or joint bidders who need to be consulted. Tenders shall not be canvassed for acceptance or discussed with the media or any other Potential Provider or member or officer of the Authority. Direct or indirect canvassing of staff to attempt to obtain additional information not released to all organisations may result in disqualification from this tender process.

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2.12 If a Potential Provider does not observe paragraph 2.11, the Authority will reject the bid and may decide not to invite the Potential Provider to tender for future work.

Verification of Information Provided

2.13 The higher the risk of the procurement, the higher the level of verification is likely to be required. Not all questions require supporting documents. However, the purchasing organisation may ask to see these documents at a later stage, so it is advisable you ensure they can be made available on request. You may also be asked to clarify your answers or provide more details about certain issues.

Sub-Contracting Arrangements

2.14 Where a sub-contracting approach is proposed, all information requested should be given in respect of the prime contractor unless otherwise stated. Where sub-contractors will play a significant role in the delivery of the services under any ensuing contract, please indicate in a separate annex, (by inserting the relevant company / organisation name) the composition of the supply chain, indicating which member of the supply chain will be responsible for the elements of the requirement.

2.15 It is recognised that arrangements in relation to sub-contracting may be subject to future change. However, Potential Providers should be aware that where sub-contacting are to play a significant role, any changes to those sub-contracting arrangements may constitute a material change and therefore may affect the ability of the Potential Providers to proceed with the procurement process or to provide the services.

Consortia Arrangements

2.16 If the Potential Provider bidding for the requirement is a consortium, the following information must be provided:

- full details of the consortium; and- the information sought in this Information to Tender in respect of each of

the consortium’s constituent members as part of a single composite response.

2.17 Potential Providers should submit details of the actual or proposed percentage shareholding of the constituent members within the consortium in a separate Annex. If a consortium is not proposing to form a corporate entity, full details of alternative proposed arrangements should be provided in the Annex. However, please note the Authority reserves the right to require a successful consortium to form a single legal entity in accordance with regulation 28 of the Public Contracts Regulations 2006.

2.18 The Authority recognises that arrangements in relation to consortia may (within limits) be subject to future change. Potential Providers should therefore respond in the light of the arrangements as currently envisaged. Potential Providers are reminded that any future proposed change in

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relation to consortia must be notified to the Authority so that it can make a further assessment by applying the selection criteria to the new information provided.

Freedom of Information

2.19 The Authority is committed to open government and to meeting their legal responsibilities under the Freedom of Information Act 2000. Accordingly, all information submitted to a public authority may need to be disclosed by the public authority to a request under the Act. The Authority may also decide to include certain information in the publication scheme, which the Authority maintains under the Act.

2.20 If a Potential Provider considers that any of the information included in their tender is commercially sensitive, it should identify it and explain (in broad terms) what harm may result from disclosure if a request is received, and the time period applicable to that sensitivity.

2.21 Potential Providers should be aware that, even where they have indicated that information is commercially sensitive, the Authority might be required to disclose it under the Act if a request is received.

2.22 Potential Providers should also note that the receipt of any material marked ‘confidential’ or equivalent by the Authority should not be taken to mean that the Authority accepts any duty of confidence by virtue of that making.

Preparation of the Bid

2.23 Where the Authority regards an amendment to the original tender documents as significant, an extension of the closing date may, at the discretion, of the Authority be given to all Potential Providers.

2.24 No alteration or addition shall be made to the Form of Tender, pricing schedules or any part of the Invitation to Tender except where expressly allowed or as provided below in paragraph 2.26.

2.25 Tenders shall not be qualified or accompanied by statements that might be construed as rendering the tender equivocal. Only unqualified tenders will be considered. The Authority’s decision as to whether or not a tender is in an acceptable form will be final.

2.26 Potential Providers must obtain for themselves all information necessary for the preparation of their tender and satisfy themselves that the quality and standards specified by themselves or the Authority are appropriate. Information supplied to Potential Providers by the Authority’s staff or contained in the Authority’s publications is supplied only for general guidance in the preparation of the tender. Potential Providers must satisfy themselves as to the accuracy of any such information and no responsibility is accepted by the Authority for any loss or damage of whatever kind and howsoever caused arising from the use by Potential Providers of such information.

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2.27 Tenders and supporting documents shall be in English and any contract subsequently entered into and its formation, interpretation and performance shall be subject to and in accordance with the law of England and Wales.

2.28 The Invitation to Tender includes in Section 4 the Authority’s Contract Terms and Conditions. The Authority’s Contract and Schedules will be issued in full on award of the Contract.

Submission of Bid

2.29 All submissions shall be made on the Form of Tender Section 4 and be accompanied by the Response to the Specification to be detailed Section 8. Only information relating to the Tender should be submitted unless otherwise requested.

2.30 Every item shall be priced in sterling and the submission totalled.

2.31 In order to evaluate the tender, the following documents will also be needed: the Tendering Certificate (Section 5) if the Potential Provider is a subsidiary company, the Guarantee

Undertaking duly completed and executed by the Potential Provider’s ultimate holding company in the form set out in Section 6

all other documents requested as part of Part B of this Invitation to Tender

2.32 All tenders must be returned through the portal ‘Supplying the South West’ www.supplyingthesouthwest.org.uk and shall be submitted by Sunday 9th

September 2012 at 5.00pm. Bids will be opened on 10 th September 2012.

2.33 Potential Providers shall ensure that their tender is submitted on time. No tender will be accepted after this advised time, or submitted outside of this portal. No hard copies will be accepted.

2.34 If there appears to be an error in a submission or supporting information the Potential Provider will be invited to confirm or withdraw its bid. Where the error relates to the tender total as calculated from tendered rates and variable quantities, the bid will be regarded as the tender total bid and the rate adjusted accordingly. The Potential Provider will be invited to confirm or withdraw the bid and resulting rate.

2.35 The Form of Tender shall be submitted by the organisation which it is proposed will enter into a formal contract with the Authority if awarded the contract. It shall be signed by persons authorised to submit tenders and make contracts for the Potential Providers normally:

- where the Potential Provider is a partnership, by two (2) duly authorised partners;

- where the Potential Provider is a company, by two (2) directors or by a director and the secretary of the company, such persons being duly

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authorised for that purpose.

2.36 All tender documentation issued to enable the Potential Provider to submit a bid shall be returned with that bid.

Evaluation Approach and Provider Selection

Tender process opens 3rd July 2012 Tender processes closes 9th September 2012 Tender bids opened 10th September 2012 Bid evaluation period 10thSeptember - 6th December

2012 Presentation dates 9th/10th/11th October 2012 Decision to award contract December 2012

2.37 Below is a brief description of how the tenders will be assessed:

Stage 1 – Tender Assessment

Any response that is received after the designated time will be rejected and therefore not considered for evaluation.

Stage 2 – Checking Responses

All responses will be checked to ensure that all questions have been addressed and that all documents requested have been attached.

Stage 3 – Tender Evaluations

All questionnaires will be evaluated in accordance with the selection criteria listed in Section 8 – Response to Specification.

Stage 4 – Presentation Evaluation

All Potential Providers will be invited to deliver a 20 minute presentation set within the context of running a Children’s Centre service on either the 9 th, 10th or 11th October 2012. This will be evaluated in accordance with the selection criteria.

A date and time will be sent to individual providers after the closing date on 10th September. The specific title of the presentation will also be made available at this time.

Stage 5 – Contract Award

All Potential Providers will be notified of the Contract Award decision as listed by the end December 2012.

Weighting and Scoring

2.38 Details of the scoring regime are included in Section 8 - Response to Specification. You will be marked in accordance with the following award

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criteria in descending order of importance:

The technical quality (100%) in response to the method statement submission to include:

- Services Delivery and Quality of Provision 50%- Experience 20%- Budget allocation /Added value / Innovation 30%

2.39 Pass / Fail criteria will apply for Section 7 - Supporting Documents A fail on any element of this business questionnaire will render an automatic disqualification of the Potential Provider’s tender

2.40 The Authority may seek independent financial and market advice to validate information declared or to assist in the evaluation. The Authority reserves the right to conduct reference site visits; ask for demonstration; and/or presentations as part of the questionnaire process.

Award Process

2.41 The Authority aims to award the contracts by the end of December 2012. Bids shall remain open for acceptance for a minimum of 10 working days.

2.42 The Authority may, if necessary, extend the period for completing the award process.

2.43 Potential Providers will be notified simultaneously and as soon as possible of any decision made by the Authority during the tender process, including award. When the Authority has evaluated the tenders, it will notify all Potential Providers about the intended award.

2.44 The Authority generally debriefs/provides feedback to all those who tendered and who has been provisionally awarded the contract.

2.45 Acceptance of the tender by the Authority shall be in writing and shall be communicated to the Potential Provider. Upon such acceptance the Contract shall thereby be constituted and become binding on both parties and, notwithstanding that, the Contractor shall upon request of the Authority execute a formal contract in the form contained in the Contract Terms and Conditions.

2.46 Potential Providers must not undertake work without written notification that they have been awarded the contract and are required to start work. This is usually after contract documents have been executed.

2.47 The Authority reserves the right in exceptional circumstances and after the opening of tenders to clarify particular points with any Potential Providers.

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Potential Provider’s Warranties

2.48 In submitting its tender, the Potential Provider warrants, represents and undertakes to the Authority that:

- all information, representations and other matters of fact communicated (whether in writing or otherwise) to the Authority by the Potential Provider, its staff or agents in connection with or arising out of the tender are true, complete and accurate in all respects, both as at the date communicated and as at the date of tender submission;

- it has made its own investigations and research and has satisfied itself in respect of all matters (whether actual or contingent) relating to the tender and that it has not submitted the tender and will not be entering into the contract (if the same be awarded to the Potential Provider by the Authority) in reliance upon any information, representation or assumption which may have been made by or on behalf of the Authority;

- it has full power and authority to enter into the contract and perform the obligations specified in the Contract Terms and Conditions and will, if requested, produce evidence of such to the Authority;

- it is of sound financial standing and has and will have sufficient working capital, skilled staff, equipment and other resources available to it to perform the obligations specified in the Contract Terms and Conditions;

- it will not at any time during the Contract Period or at any time thereafter claim or seek to enforce for the purposes of this contract any lien, charge, or other encumbrance over property of whatever nature owned or controlled by the Authority and which is for the time being in the possession of the Potential Provider.

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Section 3 – Contract Terms and Conditions

(Any comments about the Contract Terms and Conditions can be made in Section9 -The Checklist).

DATED 2012

GLOUCESTERSHIRE COUNTY COUNCIL (1)

- and -

[PROVIDER] (2)

_________________________________________________________

AGREEMENTRelating to the Operation and Management of the XXXXXXXXXXXXXXX

Children’s Centre in Gloucestershire ________________________________________________

Nigel RobertsDirector of Law and Administration

Gloucestershire County CouncilQuayside House

Quay StreetGloucester

GL1 2TZ

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Clause1. Interpretation..................................................................................2. Contract Period..............................................................................3. Provider Status (Principal)..............................................................4. Council's Obligations......................................................................5. Entire Agreement...........................................................................6. Scope of Contract...........................................................................7. Notices...........................................................................................8. The Services..................................................................................9. Manner of Carrying Out the Services.............................................10. Standard of Work...........................................................................11. Provider's Staff...............................................................................12. Protection of Children…………………………………………………13. Children Act 2004...........................................................................14. Contract Price …………………………………………………….......15. Payment and Tax...........................................................................16. Recovery of Sums Due..................................................................17. Discrimination and Equalities………………………………………..18. The Contracts (Rights of Third Parties) Act 1999...........................19. Health and Safety...........................................................................20. Data Protection Act 1998...............................................................21. Confidentiality and Freedom of Information...................................22. Intellectual Property Rights............................................................23. Audit...............................................................................................24. Assignment and Sub-Contracting...................................................25. Waiver............................................................................................26. Variation of Services......................................................................27. Severability.....................................................................................28. Remedies in the Event of Inadequate Performance………………29. Remedies Cumulative....................................................................30. Monitoring of Contract Performance………………………………..31. Complaints…………………………...………………………………32. Anti-Bribery……………………………………………………………..33. Indemnity and

Insurance………………………………………………34. Professional

Indemnity…………………………………………………35. Warranties and

Representations……………………………………..36. Termination on Change of Control and Insolvency………………..37. Termination on Default……………………………………………….38. Consequences of Termination……………………………………….39. Recovery upon Termination…………………………………………40. Staff Transfer and Provision of TUPE Information………………...41. Force Majeure………………………………………………………….42. Dispute Resolution……………………………………………………43. Governing Law………………………………………………………..

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Schedules

SCHEDULE 1 SPECIFICATION, KPI'S AND MONITORING/ PERFORMANCE CRITERIA

SCHEDULE 2 PRICING SCHEDULE AND FINANCIAL REPORT

SCHEDULE 3 ................................................................ STAFF TRANSFER

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THIS AGREEMENT is made on the day of 2012

BETWEEN:

(1) GLOUCESTERSHIRE COUNTY COUNCIL of Shire Hall, Gloucester, GL1 2TZ (the “Council”); and

(2) XXXXXXXXXXXXXXXXXX incorporated and registered in England and Wales with company number:xxxxxxxxx whose Registered Office is at xxxxxxxxxxxxxxxxxx (the “Provider”).

WHEREAS:

(A) The Council placed a contract notice [REFERENCE] dated the XXXXXXXXXXXXXX in the Official Journal of the European Union seeking expressions of interest from potential providers for the provision of the operation and management of Children’s Centre services in Gloucestershire.

(B) The Provider submitted a tender submission on the [DATE] in response to the contract notice.

(C) After evaluation of the received tenders the Council selected the Provider to enter into this agreement for the provision of the services referred to in Recital A.

(D) The Council wishes to engage the Provider to deliver and supply the Services and the Provider has offered to supply such Services on the terms but subject to the conditions hereinafter contained.

IT IS AGREED as follows:

1 Definitions and Interpretations

1.1 Definitions

In these Clauses:

“Approval” and “Approved” means the written consent of the Contract Manager.

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“Acquired Rights Directive” means the European Council Directive 77/187/EEC on the approximation of laws of European member states relating to safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses, as amended;

“Clauses” means clauses 1 to 43 hereof, each of which is a “Clause”.

“Commencement Date” means 1st April 2013.

“Contract” means this agreement between the Council and the Provider consisting of the Clauses, any attached Schedules, and any other documents (or parts thereof) specified by the Council.

“Contract Manager” means the person for the time being appointed by the Council as being authorised to administer the Contract on behalf of the Council or such person as may be nominated by the Contract Manager to act on his behalf.

“Contract Period” means the period of three years unless terminated earlier in accordance with the terms of this Contract subject to the right for the Council to extend the term for a further period of up to two years in accordance with Clause 2.

“Contract Price” means the price exclusive of any applicable Tax, payable to the Provider by the Council under the Contract, as set out in the Pricing Schedule, for the full and proper performance by the Provider of its part of the Contract as determined under the Clauses of the Contract.

“Default” means any breach of the obligations of either Party (including but not limited to fundamental breach or breach of a fundamental term) or any default, act, omission, negligence or statement of either Party, its employees, agents or sub-contractors in connection with or in relation to the subject matter of the Contract and in respect of which such Party is liable to the other.

“Employee Liabilities” means all claims, including claims for redundancy payments, unlawful deduction of wages, unfair, wrongful or constructive dismissal compensation, compensation any discrimination, claims for equal pay, compensation for less favourable treatment of part-time workers, and any claims (whether in tort, contract or statute or otherwise), demands, actions, proceedings and any award, compensation, damages, tribunal

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awards, fine, loss, order, penalty, disbursement, payment made by way of settlement and costs and expenses reasonably incurred in connection with a claim or investigation (including any investigation by any equality body or other enforcement, regulatory or supervisory body and of implementing any requirements which may arise from such investigation), and any legal costs and expenses;

“Employee Regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) as amended or replaced or any other Regulations implementing the Council Directive 77/187/EEC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses;

“Intellectual Property Rights” means patents, inventions, trademarks, service marks, logos, design rights (whether registerable or otherwise), applications for any of the foregoing, copyright, database rights, domain names, trade or business names, moral rights and other similar rights or obligations whether registerable or not in any country (including but not limited to the United Kingdom) and the right to sue for passing off.

“KPI” means the Key Performance Indicators relating to the provision of the Services comprising those as set out in Schedule 1 together with such additional KPI’s as the Council may from time to time reasonably specify.

“Materials” means the Provider’s premises, equipment, software, posters, promotional literature and any other materials or resources (of whatever nature) used in the performance of its obligations under the Contract.

“Month” means calendar month.

“Party” means a party to this Contract and “Parties” shall be construed accordingly.

“POCA” means the “Protection of Children Act 1999” being the list managed by the Independent Safeguarding Authority for the Department of Education.

“Provider Final Staff List” means the relevant list of all Staff engaged in or wholly or mainly assigned to, the provision of the Services or any part of the Services at the date of the Service Transfer showing in relation to each person Staffing Information;

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“Provider’s Provisional Staff List” means a list prepared and updated by the Provider of all Staff who are engaged in or wholly or mainly assigned to, the provision of the Services or any part of the Services as at the date of such list showing in relation to each person Staffing Information;

“Relevant Transfer” means has the same meaning as in the Transfer of Undertakings (Protection of Employment) Regulations 2006;

“Replacement Provider” means any third party service provider of Replacement Services appointed by the Council;

“Replacement Services” means any services which are substantially similar to any of the Services and which the Council receives in substitution for any of the Services following the expiry or termination or partial termination of this Contract, whether those Services are provided by the Council internally and/or by any third party;

“Provider Representative” means the individual authorised to act on behalf of the Provider for the purposes of the Contract.

“Pricing Schedule” means the Schedule containing details of the Contract Price.

“Quality Standards” means such professional standards that a leading company within the Provider’s relevant industry or business sector would be expected to comply with, and as may be further detailed in the Specification Schedule.

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

“Schedule” means a schedule attached to this Contract.

“Services” means the operation and management services together with all other associated and ancillary services to be provided by the Provider as specified in the Specification.

“Service Transfer” has the meaning given in paragraph 3 of Schedule 3;

“Service Transfer Date” means the date of a Service Transfer;

“Service User” means any person who wishes to avail themselves of the Services.

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“Specification” means the description of the Services to be provided under the Contract and attached as the Specification Schedule.

“Specification Schedule” means the Schedule containing details of the Specification.

“Staff” means all persons employed by the Provider to perform the Contract together with the Provider’s servants, agents, volunteers and sub-contractors used in the performance of the Contract.

“Staffing Information” means in relation to all person's named on the Provider's Provisional Staff List and the Provider Final Staff List, such information as the Council may reasonably request but including in any event:

a) their ages, dates of commencement of employment or engagement and gender;

b) details of whether they be employed, self employed contractors or consultants, agency workers or otherwise;

c) the identity of the employer or relevant contracting party;

d) their relevant contractual notice periods and any other terms relating to termination of employment, including redundancy procedures, and redundancy payments;

e) the wages, salaries, profit sharing;

f) details of other employment related benefits, including (without limitation) medical insurance, life assurance, pension or other retirement benefit schemes, share option schemes and company car schedules applicable to them;

g) any outstanding or potential contractual, statutory or other liabilities in respect of such individuals (including in respect of personal injury claims);

h) details of any such individuals on long term sickness absence, parental leave, maternity leave or other authorised long term absence;

i) copies of all relevant documents and materials relating to such information, including copies of relevant contracts of employment (or

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relevant standard contracts if applied generally in respect of such employees); and

(j) any other "employee liability information" as such term is defined in Regulation 11 of the Employment Regulations;

“Transferring Employees” means any persons whose employment transfers or liability associated with employment transfers to a Replacement Provider or the Council in connection with a Service Transfer;

“Tax” means Value Added Tax.

“Working Day” means any day other than a Saturday, Sunday or public holiday in England and Wales.

1.2 Interpretation

1.2.1 The interpretation and construction of this Contract shall be subject to the following provisions:

(a) The terms and expressions set out in Clause 1.1 shall have the meanings ascribed therein;

(b) Words importing the singular meaning include where the context so admits the plural meaning and vice versa;

(c) Words importing the masculine include the feminine and the neuter;

(d) Reference to a Clause is a reference to the whole of that Clause or a sub-clause of that Clause as the context requires;

(e) References in any Schedule to Paragraphs are to paragraphs or sub-paragraphs in that Schedule;

(f) References to any statute, enactment, order, regulation or other similar instrument shall be construed as a reference to the statute, enactment, order, regulation or instrument as amended by any subsequent enactment, modification, order, regulation or instrument as subsequently amended or re-enacted;

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(g) References to any person shall include natural persons and partnerships, firms and other incorporated bodies and all other legal persons of whatever kind and however constituted;

(h) The words “include”, “includes” and “including” are to be construed as if they were immediately followed by the words “without limitation”;

(i) Headings are included in this Contract for ease of reference only and shall not affect the interpretation or construction of this Contract.

2 Contract Period

2.1 The Contract shall be effective as from the Commencement Date and shall continue for a period of three years expiring on the 31st March 2016 subject to earlier termination in accordance with the terms of this agreement or the exercise by the Council of the option to extend as set out in Clause 2.2.

2.2 The Council may by serving written notice on the Provider at least eight months before;

2.2.1 the 31st March 2016; and/or

2.2.2 the 31st March 2018

exercise in each case its option to extend the term of the Contract for a further period of up to two years PROVIDED THAT the Parties are able to agree during the eight month notice period referred to in this Clause 2.2 the nature and extent of the Services to be provided during the extended period and the amount of the Contract Price to be paid for the provision of the Services. Where the Parties have been unable to agree either the nature and extent of the Services to be provided or the amount of the Contract Price by 30th November 2015 or the 30th November 2017 then for the avoidance of doubt this Contract shall terminate on the 31st March 2016 or the 31st March 2018 respectively.

3 Provider Status (Principal)

3.1 In carrying out the Services the Provider shall be acting as principal and not as the agent of the Council. Accordingly:

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3.1.1 the Provider shall not (and shall procure that the Staff do not) say or do anything that might lead any other person to believe that the Provider is acting as the agent of the Council; and

3.1.2 nothing in this Contract shall impose any liability on the Council in respect of any liability incurred by the Provider to any other person but this shall not be taken to exclude or limit any liability of the Council to the Provider that may arise by virtue of either a breach of the Contract or by negligence on the part of the Council, the Council’s employees, servants or agents.

4 Council’s Obligations

4.1 The Council shall provide the Provider with copies of all relevant policies, procedures, databases, practices and other information as is reasonably required by the Provider for the provision of the Services promptly upon request and in any event where such information is required in order to commence the provision of any of the Services such information shall be provided no later than 30 Working Days before the commencement of such Services.

4.2 The Council shall notify the Provider immediately of any matter affecting or which may affect the terms and obligations of the Parties created by this Contract.

5 Entire Agreement

5.1 The Contract constitutes the entire agreement between the Parties relating to the subject matter of the Contract. The Contract supersedes all prior negotiations, representations and undertakings, whether written or oral, except that this Clause shall not exclude liability in respect of any fraudulent misrepresentation.

5.2 In the event of and only to the extent of any conflict between the Specification, and other documents referred to or attached to the Contract, the conflict shall be resolved in accordance with the following order of precedence:

5.2.1 the Clauses;

5.2.2 the Schedules;

5.2.3 any other document referred to in this Contract.

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Unless expressly agreed, a document varied pursuant to Clause 26 shall not take higher precedence than specified here.

6 Scope of Contract

6.1 Nothing in this Contract is intended to or shall operate to create a partnership between the Parties or to authorise either Party to act as agent for the other and neither Party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty the assumption of any obligation or liability and the exercise of any right or power).

7 Notices

7.1 Except as otherwise expressly provided within the Contract, no notice or other communication from one Party to the other shall have any validity under the Contract unless made in writing by or on behalf of the Party concerned.

7.2 Any notice or other communication which is to be given by either Party to the other shall be given by letter (sent by hand, post, registered post or by the recorded delivery service), by facsimile transmission or electronic mail (confirmed in either case by letter). Such letters shall be addressed to the other Party in the manner referred to in Clause 7.3. Provided the relevant communication is not returned as undelivered, the notice or communication shall be deemed to have been given 2 Working Days after the day on which the letter was posted, or four hours, in the case of electronic mail or facsimile transmission or sooner where the other Party acknowledges receipt of such letters, facsimile transmission or item of electronic mail.

7.3 For the purposes of Clause 7.2, the address of each Party shall be:

7.3.1 For the Council:

Ruth Lewis Gloucestershire County Council Shire Hall Westgate Street Gloucester GL1 2TGFor the attention of: Tel: 01452 427239

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Fax: 01452 425849Email: ruth.lewis@gloucestershire.gov.uk

7.3.2 For Provider:

XXXXXXXXXXXXXProvider LimitedFor the attention of: Tel:Fax: Email:

7.4 Either Party may change its address for service by serving a notice in accordance with this Clause.

8 The Services

8.1 The Provider shall provide the Services during the Contract Period in accordance with the Council’s requirements as set out in the Specification and in accordance with the Provider’s Submission and the terms of this Contract. Provided that the Council gives reasonable notice to the Provider the Council shall have the power by whatever reasonable means it considers appropriate to inspect and examine the performance of the Services and the Provider’s performance of its obligations under the Contract at any premises where any part of the Services are being performed at any reasonable time PROVIDED THAT the Council in exercising this right does so in a reasonable and consistent manner so as not to cause any unreasonable disturbance or inconvenience to either the Provider or the day to day operation of the Services.

8.2 In providing the Services, the Provider shall comply with and take into account all applicable laws, enactments, orders, regulations and other similar instruments, the requirements of any court with relevant jurisdiction and any local, national or supranational agency, inspectorate, minister, ministry, official or public or statutory person of the government of the United Kingdom or of the European Union.

8.3 In addition to its rights under Clause 28, if the Council informs the Provider that the Council considers that any part of the Services do not meet the requirements of the Contract or differ in any way from those requirements, and this is other than as a result of default or negligence on the part of the Council, the Provider shall at its own expense re-schedule and perform the

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work correctly within such reasonable time as may be specified by the Council.

8.4 Without prejudice to any other rights and remedies the Council may have pursuant to the Contract, the Provider shall reimburse the Council for all reasonable costs incurred by the Council which have arisen as a direct consequence of the Provider’s delay in the performance of the Contract which the Provider has failed to remedy after being given reasonable notice by the Council.

9 Manner of Carrying Out the Services

9.1 The Provider shall provide all the Materials necessary for the provision of the Services.

9.2 All Materials shall be at the risk of the Provider and the Council shall have no liability for any loss of or damage to any Materials unless the Provider is able to demonstrate that such loss or damage was caused or contributed to by the negligence or default of the Council.

9.3 The Provider warrants and undertakes with the Council that during the Contract Period it shall:

9.3.1 respect other professional practices, opinions, constraints and responsibilities;

9.3.2 commit to working in partnership whilst working to the principles and values of the Council;

9.3.3 commit to implementing the Council’s Equal Opportunities and Equal Employment Policy;

9.3.4 provide the Services in a proper skilful and workmanlike manner with all reasonable care and attention;

9.3.5 ensure that the Services are provided in compliance with the budget and within any time constraints that have been previously agreed in writing with the Council and to inform the Council immediately if any such constraints will be or are likely to be exceeded;

9.3.6 devote so much of its time and attention as is necessary to provide the Services in accordance with Clause10;

9.3.7 not do anything that is harmful to the Council.30

9.4 The Provider shall ensure that:

9.4.1 as from the Commencement Date it has in place an up to date fully operational business continuity plan which shall detail the arrangements for the continued provision of the Services in the event of disruptions and emergency situations should they arise, including but not limited to, flooding, water/power supply cut and pandemic flu;

9.4.2 such plan is regularly reviewed and updated throughout the Contract Period;

9.4.3 such plan is available to all members of the Provider’s Staff and the Provider shall ensure that such Staff are aware of its provisions;

9.4.4 a copy of such plan shall be provided to the Council immediately upon request.

9.5 The Provider acknowledges that in relation to its obligations under this Contract it may be subject to the provisions of the Human Rights Act 1998 (“the 1998 Act”) and the Provider agrees that it will at all times during the Contract Period:

9.5.1 uphold the basic human rights of all Service Users when providing the Services;

9.5.2 act in accordance with the requirements of the 1998 Act when providing the Services;

9.5.3 take such actions as the Council may reasonably require for the purposes of ensuring compliance with the 1998 Act.

9.6 The Provider shall ensure that each and every premises from which it operates the Services is separately assessed for business rates as from the Commencement Date or where this is not possible the Provider will have submitted and application for separate assessment to the relevant authority no later than 30 Working Days from the Commencement Date. The Council shall treat any failure by the Provider to comply with the provisions of this Clause 9.6 in accordance with the provisions of Clause 28.

10 Standard of Work

10.1 The Provider shall at all times comply with the Quality Standards. To the extent that the standard of work has not been specified in the Contract the Provider

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shall use the best applicable techniques and standards and execute the Contract with all reasonable care, skill and diligence, and in accordance with good industry practice.

10.2 The Provider warrants and represents that all Staff assigned to the performance of the Service shall possess and exercise such qualifications, skill and experience as are necessary for the proper performance of the Services.

10.3 The introduction of new methods or systems which impinge on the provision of the Services shall be subject to prior Approval.

11 Provider Staff

11.1 The Provider shall:

11.1.1 employ such sufficient suitably trained and qualified Staff as are required to deliver the Services in accordance with the Specification and the Provider’s Submission;

11.1.2 as far as reasonably practicable ensure continuity of Staff advising Service Users;

11.1.3 at all times during the delivery of the Services recognise the importance of building relationships and maintaining a sense of trust with Service Users;

11.1.4 at all times during the Contract Period ensure that there is adequate cover to provide appropriate supervision and management for all Staff.

11.2 The Provider shall ensure that all Staff and any persons to be employed or retained by the Provider any volunteers or committee members or persons otherwise engaged in the provision of the Services or any part thereof in whatever manner or capacity during the Contract Period who may reasonably be expected in the course of their employment engagement or involvement to have access to young people;

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11.2.1 are questioned concerning their convictions (which for the purposes of Clauses 11.4 and 11.5, shall mean convictions other than in relation to minor road traffic offences, any previous or pending prosecutions, convictions, cautions and binding over orders (including any spent convictions as contemplated by Section 1(1) of the Rehabilitation of Offenders Act 1974 by virtue of the exemptions specified in Part II of Schedule 1 of the Rehabilitation of Offenders Act 1974 (Exemptions) Order 1975 (SI 1975/1023) or any replacement or amendment to that Order)); and

11.2.2 only in the case of potential Staff, volunteers or other persons who may reasonably be expected in the course of their employment engagement or involvement to have access to young people, carry out POCA Register checks and obtain standard or enhanced disclosures from the Criminal Records Bureau before the Provider engages the potential staff, volunteers or other persons in the provision of the Services. The Provider shall take all necessary steps to ensure that such potential Staff, volunteers or other persons obtain standard or enhanced disclosures from the Criminal Records Bureau including, without limitation, the Provider being registered with the Criminal Records Bureau.

11.3 The Provider shall ensure that no person who discloses any convictions upon being questioned about their convictions in accordance with Clause 11.2.1, or who is found to have any convictions following the receipt of standard and/or enhanced disclosures from the Criminal Records Bureau upon request by the Provider in accordance with Clause 11.2.2 is employed/engaged or otherwise involved in any way in the performance of any part of the Services without the Council’s prior written consent.

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11.4 The Provider will ensure that at all times during the Contract Period CRB checks are undertaken at a minimum of every three years for all Staff from the date of their last CRB Certificate and that any new appointments of Staff will only be made to applicants with a satisfactory CRB check taking into consideration the provisions and regulations under the Rehabilitation of Offenders Act 1974. The Provider acknowledges that existing CRB checks are not transferable.

11.5 If the Provider needs to start a member of Staff before the CRB check is done, then the offer of employment must be conditional upon a satisfactory CRB check and the member of Staff should not be allowed to work unsupervised with vulnerable adults and young people.

11.6 The Provider shall permit the Council upon request access to the CRB forms, certificates and records in order to enable the Council to satisfy itself of the Provider’s compliance with the provisions of this Clause 11.

11.7 The Council reserves the right under this Contract to refuse to admit to or to withdraw permission to remain on, any premises occupied by or on behalf of the Council:

11.7.1 any member of the Staff; or

11.7.2 any person employed or engaged by a sub-contractor, agent or servant of the Provider

whose admission or continued presence would be, in the opinion of the Council, undesirable.

12 Protection of Children

12.1 The Provider shall at all times during the Contract Period work with the Council and any relevant partners to prevent or to provide an appropriate response to any allegations or incidents of abuse in accordance with the Council’s policies as referred to in the Specification.

12.2 The Provider shall ensure that no Service User is:

12.2.1 left at risk without the provision of support; or

12.2.2 put at risk by not being provided with support in accordance with any plan for the Service User or any risk assessment.

13 Children Act 200434

13.1 The Provider acknowledges that in relation to its obligations under this Contract it may be subject to the provisions of the Children Act 2004 and the Provider agrees that it will:

13.1.1 at all times act in accordance with the requirements Children Act 2004 in relation to its obligations under this contract; and

13.1.2 take such action as the Council may reasonably require for the purposes of ensuring compliance with the said Act.

14 Contract Price

14.1 In consideration of the performance of the Provider obligations under the Contract by the Provider, the Council shall pay the Contract Price.

14.2 The Council shall pay the Provider, in addition to the Contract Price, a sum equal to the Tax chargeable on the value of the Services provided in accordance with the Contract in accordance with the provisions of the Pricing Schedule.

15 Payment and Tax

15.1 The Council shall pay the undisputed sums due to the Provider for work completed to the satisfaction of the Council in cleared funds through the Banks Automated Clearing System (BACS) or its successor system directly to the Provider’s stipulated bank account the first payment being due on the Commencement Date and thereafter payment shall be made every quarter in accordance with the provisions of the Pricing Schedule. Unless the Council is notified otherwise in writing the details of the Provider’s stipulated bank account are as follows:

15.1.1 Bank:

15.1.2 Sort Code:

15.1.3 Account Number;

15.2 Remittance advice notes generated by BACS will be sent to the Provider’s head office when payment is made stating the total value of the sums transferred. Agreement may be made for the Council to send the remittance advice notes to another address upon reasonable written request by the Provider.

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15.3 Where the Provider enters into a sub-contract with a supplier or contractor for the purpose of performing the Contract, it shall cause a term to be included in such a sub-contract which requires payment to be made of undisputed sums by the Provider to the sub-contractor within a specified period not exceeding 30 days from the receipt of a valid invoice, as defined by the sub-contract requirements.

15.4 The Council may reduce payment in respect of any Services which the Provider has either failed to provide or has provided inadequately, without prejudice to any other rights or remedies of the Council.

15.5 The Provider shall not suspend the supply of the Services unless the Provider is entitled to terminate the Contract under Clause 37.3 for failure to pay undisputed charges.

16 Recovery of Sums Due

16.1 Wherever under the Contract any sum of money is recoverable from or payable by the Provider (including any sum which the Provider is liable to pay to the Council in respect of any breach of this Contract), the Council may unilaterally deduct that sum from any sum then due, or which at any later time may become due to the Provider under the Contract or under any other agreement or contract with the Council.

16.2 Any overpayment by the Council to the Provider, whether of the Contract Price or of Tax, shall be a sum of money recoverable by the Council from the Provider.

16.3 The Provider shall make any payments due to the Council without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Provider has a valid court order requiring an amount equal to such deduction to be paid by the Council to the Provider.

17 Discrimination and Equalities

17.1 The Provider shall not unlawfully discriminate within the meaning and scope of any law, enactment, order, or regulation relating to discrimination (whether in race, gender, religion, disability, sexual orientation or otherwise) whether in the recruitment and employment of Staff or the in the delivery of the Services.

17.2 The Provider shall take all reasonable steps to secure the observance of Clause 17.1 by all servants, employees or agents of the Provider and all suppliers and sub-contractors employed in the execution of the Contract.

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17.3 The Provider will:

17.3.1 through the provision of the Services aim for equality of outcomes for all young children and their families based on an assessment of need and will ensure that the Services provided meet the needs of diverse communities with different cultures and expectations;

17.3.2 collect baseline data for different groups of children and families using the Services so that resources can be targeted to narrow the gap between those with better outcomes and those with poorer outcomes;

17.3.3 implement inclusive Services and consider the need for specialist Services where necessary to meet the needs of protected groups which include but are not limited to groups with culturally specific needs and children with disabilities;

17.3.4 carry out an Equalities Impact Assessment whenever a need to do so is identified and specifically when developing a new policy, service, plan, procedure or function and when reviewing existing policies, services, plans, procedures or functions.

18 The Contracts (Rights of Third Parties) Act 1999

18.1 No person who is not a Party to the Contract (including without limitation any employee, officer, agent, representative, or sub-contractor of either the Council or the Provider) shall have any right to enforce any term of the Contract, which expressly or by implication, confers a benefit on him without the prior agreement in writing of both Parties, which agreement should specifically refer to this Clause 18. This Clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act, and does not apply to the Crown.

19 Health and Safety

19.1 The Provider shall ensure that all materials and equipment supplied under the provisions of this Contract shall, when so supplied, conform to European Union Product Directives. This Contract shall be carried out with proper regard to applicable Health and Safety legislation and regulations and the Provider shall observe and conform to all statutory enactments and regulations and any by-laws and/or regulations of local or any other authorities applicable to the performance of this Contract.

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19.2 The Provider shall provide only such Materials and equipment as shall not directly cause the Council to be in breach of the Health and Safety at Work etc. Act 1974, or any contracts of employment with the Council's employees, the terms of which have been notified in writing to the Provider, or of any other duty statutory or otherwise as to the health and safety of those employees or any other persons lawfully on the Council's premises.

19.3 In the event of any Materials or equipment being found to be in breach of any of the legislation referred to in this Clause it shall be the duty of the Provider to take all such measures as are reasonable whether or not requested by the Council to abate or remove the effects of the particular Materials or equipment. The Provider shall also at its sole expense remove the goods or equipment and make such repairs, adjustments or modifications as are reasonably required for the purpose of remedying the breach.

20 Data Protection Act 1998

20.1 Both Parties warrant that they will duly observe all their obligations under the Data Protection Act 1998 which arise in connection with this Contract.

20.2 The Council acknowledges that for the purposes of providing the Services the Provider may obtain and store confidential data concerning Service Users. Except in connection with the advising of Service Users in connection with their use of the Services and for statistical evaluation and research purposes directly related to the performance of the Services under this Contract the Provider shall not use such data and shall keep it confidential.

20.3 Notwithstanding Clause 21 the relationship between the Provider and Service Users and all communications in connection with that relationship, shall be confidential to the fullest extent permitted by law.

20.4 The Provider shall have the right without reference to or representation by the Council to communicate directly with Service Users for the purposes of carrying out its obligations under this Contract.

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21 Confidentiality and Freedom of Information

21.1 The Provider, its employees and sub-contractors, shall not without the prior written consent of the Council divulge to any third party any confidential information (which for this purpose shall mean any information in respect of Service Users and any other information which is disclosed to the Provider by the Council pursuant to or in connection with this Contract which the Provider ought reasonably to regard as being confidential to the Council whether or not such information is expressly stated to be confidential or marked as such) obtained during the carrying out of its obligations under this Contract, whether related to the Services or otherwise.

21.2 Each Party:

21.2.1 shall treat all confidential information belonging to the other Party as confidential and safeguard it accordingly; and

21.2.2 shall not disclose any confidential information belonging to the other Party to any other person without the prior written consent of the other Party, except to such persons and to such extent as may be necessary for the performance of the Contract or except where disclosure is otherwise expressly permitted by the provisions of the Contract.

21.2.3 The Provider shall take all necessary precautions to ensure that all confidential information obtained from the Council under or in connection with the Contract:

21.2.3.1 is given only to such of the Staff and professional advisors or consultants engaged to advise it in connection with the Contract as is strictly necessary for the performance of the Contract and only to the extent necessary for the performance of the Contract;

21.2.3.2 is treated as confidential and not disclosed (without prior Approval) or used by any Staff or such professional advisors or consultants otherwise than for the purposes of the Contract.

21.2.4 The Provider shall not use any confidential information it receives from the Council otherwise than for the purposes of the Contract.

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21.3 Clause 21.1 and 21.2 shall not apply to information which:

21.3.1 is public knowledge at the date of the Contract or becomes public knowledge (otherwise than by breach by the Provider of the Contract);

21.3.2 can be shown by the Provider to the reasonable satisfaction of the Council, to have been known to it prior to its being disclosed by the Council to the Provider; or

21.3.3 the Provider is required by law to disclose.

21.4 The Provider shall co-operate with the Council so as to ensure compliance with the Freedom of Information Act 2000 (“FOIA”). In the event that the Council is required to provide information to any person as a result of a request made to it under the FOIA:

21.4.1 the Provider shall respond in a timely manner to a request from the Council for such information; and

21.4.2 subject to the operation of the exemptions specified in the FOIA, the Council shall have the right to disclose information relating to this Contract and the Provider. The Council agrees that it will not without the prior written consent of the Provider disclose information of the following type:

21.4.2.1 know-how, operating manuals, original material and programs, commercially sensitive data of or relating to the Provider and its business;

21.4.2.2 information supplied to or obtained by the Council from whatever source concerning the Provider’s business associations and transactions, financial arrangements and technical or commercial affairs.

21.5 Nothing in this Clause shall prevent the Council disclosing confidential information:

21.5.1 for the purposes of the examination and certification of the Council’s accounts; or

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21.5.2 for any examination pursuant to sections 44 and 46 of the Audit Commission Act 1998 of the economy efficiency and effectiveness with which the Council has used its resources; or

21.5.3 to any government department or any other contracting authority. All such governmental departments or contracting authorities receiving such confidential information shall be further entitled to disclose the confidential information to other government departments or other contracting authorities on the basis that the information is confidential and is not to be disclosed to a third party which is not part of a government department or any contracting authority; or

21.5.4 to any person engaged in providing any services to the Council for any purpose relating to or ancillary to the Contract,

Provided that in disclosing information under this Clause 21 the Council discloses only the information which is necessary for the purpose concerned and requires that the information is treated in confidence and that a confidentiality undertaking is given where appropriate.

21.6 Nothing in this Clause shall prevent either Party from using any techniques ideas or know-how gained during the performance of the Contract in the course of its normal business to the extent that this does not result in a disclosure of confidential information or an infringement of Intellectual Property Rights.

22 Intellectual Property Rights

22.1 All Intellectual Property Rights in any specifications, instructions, plans, data, drawings, databases, patents, patterns, models, designs or other material:

22.1.1 furnished to or made available to the Provider by the Council shall remain the property of the Council;

22.1.2 prepared by or for the Provider for use, or intended use, in relation to the performance of this Contract shall belong to the Provider.

22.2 The Provider shall not, and shall procure that the Provider employees, servants, agents, suppliers and sub-contractors shall not, (except when necessary for the implementation of the Contract) use or disclose any Intellectual Property Rights in materials prepared by or provided by the

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Council to the Provider except in relation to the performance of this Contract, except information which is in the public domain.

22.3 It is a condition of the Contract that the Services will not infringe any Intellectual Property Rights of any third party and the Provider shall during and after the Contract Period on written demand indemnify and keep indemnified the Council and the Crown against all actions, suits, claims, demands, losses, charges, damages, costs and expenses and other liabilities which the Council or the Crown may suffer or incur as a result of or in connection with any breach of this Clause, except where any such claim relates to the use of data supplied by the Council which is not required to be verified by the Provider under any provision of the Contract.

22.4 At the termination of the Contract the Provider shall immediately return to the Council all materials, work or records held, including any back-up media.

22.5 The provisions of this Clause shall apply during the continuance of this Contract and indefinitely after its expiry or termination.

23 Audit

23.1 The Provider shall keep and maintain until six years after the Contract has been completed, or as long a period as may be agreed between the Parties, full and accurate records of the Contract including the Services provided under it, all expenditure reimbursed by the Council, and all payments made by the Council. The Provider shall on request afford the Council or the Council’s representatives such access to those records as may be required by the Council in connection with the Contract.

24 Assignment and Sub-Contracting

24.1 The Provider shall not assign, sub-contract or in any other way dispose of the Contract or any part of it without prior Approval. Sub-contracting any part of the Contract shall not relieve the Provider of any obligation or duty attributable to the Provider under the Contract.

24.2 The Provider shall be responsible for the acts and omissions of its sub-contractors as though they are its own.

24.3 Where the Council has consented to the placing of sub-contracts, copies of each sub-contract shall be sent by the Provider to the Council within 2 Working Days of issue.

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25 Waiver

25.1 The failure of either Party to insist upon strict performance of any provision of the Contract or the failure of either Party to exercise any right or remedy shall not constitute a waiver of that right or remedy and shall not cause a diminution of the obligations established by this Contract.

25.2 No waiver shall be effective unless it is expressly stated to be a waiver and communicated to the other Party in writing in accordance with the provisions of Clause 7.

25.3 A waiver of any right or remedy arising from a breach of Contract shall not constitute a waiver of any right or remedy arising from any other or subsequent breach of the Contract.

26 Variation of the Services

26.1 The Council reserves the right on giving reasonable written notice from time to time to require changes to the Services (whether by way of the removal of Services, the addition of new Services, or increasing or decreasing the Services or specifying the order in which the Services are to be performed or the locations where the Services are to be provided) for any reasons whatsoever PROVIDED that any such changes do not seek to include any services that were not included within the scope of the original Services under the Contract or seek to materially increase the Contract Price. Such a change is hereinafter called “a Variation”.

26.2 Any such Variation shall be communicated in writing by the Contract Manager to the Providers Representative in accordance with the notice provisions of Clause 7. All Variations shall be in the form of an addendum to the Contract.

26.3 In the event of a Variation the Contract Price may also be varied. Such Variation in the Contract Price shall be calculated by the Council and agreed in writing with the Provider and shall be such amount as properly and fairly reflects the nature and extent of the Variation in all the circumstances. Failing agreement the matter shall be determined by negotiation or mediation in accordance with the provisions of Clause 42.

26.4 The Provider shall provide such information as may be reasonably required to enable such varied price to be calculated.

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27 Severability

27.1 If any provision of the Contract is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of the Contract shall continue in full force and effect as if the Contract had been executed with the invalid, illegal or unenforceable provision eliminated.

27.2 In the event of a holding of invalidity so fundamental as to prevent the accomplishment of the purpose of the Contract, the Parties shall immediately commence negotiations in good faith to remedy the invalidity.

28 Remedies in the event of inadequate performance

28.1 Where a complaint howsoever arising is received about the standard of Services or about the way any Services have been delivered or work has been performed or about the materials or procedures used or about any other matter connected with the performance of this Contract, then the Contract Manager shall take all reasonable steps to ascertain whether the complaint is valid. If the Contract Manager so decides, he may uphold the complaint, or take further action in accordance with the provisions of Clause 37 of this Contract.

28.2 In the event that the Council is of the opinion that there has been a material breach of this Contract by the Provider either as a result of a complaint under Clause 26.1 or otherwise, or the Council determines that the Provider’s performance of its duties under the Contract has failed to meet the requirements, then the Council may, without prejudice to its rights under Clause 35 of the Contract, do any of the following:

28.2.1 make such deduction from the payment to be made to the Provider as the Council shall reasonably determine to reflect sums paid or sums which would otherwise be payable in respect of such of the Services as the Provider shall have failed to provide;

28.2.2 without terminating the Contract, itself provide or procure the provision of part of the Services until such time as the Provider shall have demonstrated to the reasonable satisfaction of the Council that the Provider will once more be able to perform such part of the Services in accordance with the Contract;

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28.2.3 without terminating the whole of the Contract, terminate the Contract in respect of part of the Services only (whereupon a corresponding reduction in the Contract Price shall be made) and thereafter itself provide or procure a third party to provide such part of the Services; and/or

28.2.4 terminate in accordance with Clause 37, the whole of the Contract.

28.3 The Council may charge to the Provider any cost reasonably incurred by the Council and any reasonable administration costs in respect of the provision of any part of the Services by the Council or by a third party to the extent that such costs exceed the payment which would otherwise have been payable to the Provider for such part of the Services.

28.4 If the Provider fails to perform any of the Services to the reasonable satisfaction of the Council and such failure is capable of remedy, then the Council shall instruct the Provider to perform the work and the Provider shall at its own cost and expense remedy such failure (and any damage resulting from such failure) within 14 days or such other period of time as the Council may direct.

28.5 In the event that:

28.5.1 the Provider fails to comply with Clause 28.4 above; or

28.5.2 the Provider persistently fails to comply with Clause 28.4 above, and such failures, taken as a whole, are materially adverse to the commercial interests of the Council;

the Council reserves the right to terminate the Contract by notice in writing with immediate effect.

28.5.3 The remedies of the Council under this Clause may be exercised successively in respect of any one or more failures by the Provider.

29 Remedies Cumulative

29.1 Except as otherwise expressly provided by the Contract, all remedies available to either Party for breach of this Contract are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies.

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30 Monitoring of Contract Performance

30.1 The Provider shall comply with the monitoring arrangements set out in Monitoring Schedule including, but not limited to, providing such data and information as the Provider may be required to produce under this Contract.

30.2 The Parties shall maintain regular contact with each other during the Contract Period by telephone and email and ensure that all correspondence is responded to promptly and in any event within two Working Days of receipt of the same.

30.3 Each Party will provide the other with direct telephone numbers and email addresses of suitably authorised officers who will have the day to day responsibility of operating the Contract and will notify the other immediately by email of any change of such personnel or contact details.

30.4 The Provider will ensure that all data and reports provided under the Contract are accurate and fully inclusive of all information to be provided and are submitted to the Council promptly.

30.5 The Provider will ensure that the monitoring of the Services provided is carried out in such a way as to ensure that individual level data is provided so that it can be shared for strategic evaluation and planning of services.

30.6 The Provider will use his best endeavours to ensure that informed consent is obtained from all Service Users so that individual data on need and outcomes related to the provision of the Services can be shared with the Council and its partners to inform future commissioning strategies.

31 Complaints

31.1 The Provider shall as from the Commencement Date have in place a complaints procedure (a copy of which it shall produce to the Council immediately on request) which sets out a clear procedure for the recording and resolution of all complaints.

31.2 The Provider shall deal with all complaints promptly and efficiently in accordance with the provisions of its procedure under Clause 31.1.

31.3 The Provider shall maintain a full and up to date record of all complaints and their outcomes and shall make such record available to the Council for inspection upon request.

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32 Anti-Bribery

32.1 The Provider shall:

32.1.1 comply with all applicable laws statutes regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010;

32.1.2 have and shall maintain in place throughout the Contract Period its own policies and procedures including adequate procedures under the Bribery Act 2010 and will enforce them where appropriate;

32.1.3 promptly report to the Council any request or demand for any undue financial or other advantage of any kind received by the Provider in connection with the performance of this Contract;

32.1.4 within one month of the date of this Contract and annually thereafter certify to the Council in writing signed by the Provider Representative compliance with this Clause 32 by the Provider. The Provider shall at its own expense provide such supporting evidence of compliance as the Council may reasonable request.

32.2 Breach of this Clause 32 shall be deemed a material breach under Clause 37.1.3.

33 Indemnity and Insurance

33.1 Neither Party excludes or limits liability to the other Party for death or personal injury caused by its negligence or for any breach of any obligations implied by Section 2 of the Supply of Goods and Services Act 1982.

33.2 The Provider shall indemnify and keep indemnified the Council fully against all claims, proceedings, actions, damages, legal costs, expenses and any other liabilities whatsoever arising out of, in respect of or in connection with the Contract including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Provider, or any other loss which is caused directly or indirectly by any act or omission of the Provider. This Clause shall not apply to the extent that the Provider is able to demonstrate that such death or personal injury, or loss or damage was not caused or contributed to by its negligence or default, or the negligence or default of its Staff or sub-contractors, or by any circumstances within its or their control.

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33.3 Subject always to Clause 33.1, the liability of either Party for Defaults shall be subject to the financial limits set out in this Clause 33.3.

33.3.1 The aggregate liability of either Party for all Defaults resulting in direct loss of or damage to the property of the other under or in connection with this Contract shall in no event exceed £10,000,000 (ten million pounds)

33.3.2 The aggregate liability under the Contract of either Party for all Defaults (other than a Default governed by Clause 22.3 or Clause 33.3.1 shall in no event exceed £10,000,000 (ten million pounds)

33.4 Subject always to Clause 33.1 and unless provided to the contrary in the Contact, in no event shall either Party be liable to the other for:

33.4.1 loss of profits, business, revenue, goodwill or anticipated savings; and/ or

33.4.2 indirect or consequential loss or damage.

33.5 The Provider shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by the Provider, arising out of the Provider’s performance of the Contract, including death or personal injury, loss of or damage to property or any other loss. Such policies shall include cover in respect of any financial loss arising from any advice given or omitted to be given by the Provider.

33.6 The Provider shall hold employer’s liability insurance in respect of Staff in accordance with any legal requirement for the time being in force.

33.7 The Provider shall produce to the Contract Manager, on request, copies of all insurance policies referred to in this Clause or a broker’s verification of insurance to demonstrate that the appropriate cover is in place, together with receipts or other evidence of payment of the latest premiums due under those policies.

33.8 If, for whatever reason, the Provider fails to give effect to and maintain the insurances required by this Contract the Council may make alternative arrangements to protect its interests and may recover the costs of such arrangements from the Provider.

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33.9 The terms of any insurance or the amount of cover shall not relieve the Provider of any liabilities under the Contract. It shall be the responsibility of the Provider to determine the amount of insurance cover that will be adequate to enable the Provider to satisfy any liability referred to in Clause 33.2.

34 Professional Indemnity

34.1 The Provider shall hold and maintain professional indemnity insurance cover and shall ensure that all professional consultants involved in the provision of the Services hold and maintain appropriate cover. Such insurance to be held by the Provider or by any agent, sub-contractor or consultant involved in the provision of Services with a limit of indemnity of not less than £10,000,000 (ten million pounds) for any occurrences arising out of each and every event. Such insurance shall be maintained for a minimum of 6 (six) years following the expiration or earlier termination of this Contract.

35 Warranties and Representations

35.1 The Provider warrants and represents that:

35.1.1 the Provider has the full capacity and authority and all necessary consents (including, but not limited to, where its procedures so require, the consent of its parent company) to enter into and perform this Contract and that this Contract is executed by a duly authorised representative of the Provider;

35.1.2 the Provider shall discharge its obligations hereunder with all due skill, care and diligence including but not limited to good industry practice and (without limiting the generality of this Clause) in accordance with its own established internal procedures;

35.1.3 all obligations of the Provider pursuant to the Contract shall be performed and rendered by appropriately experienced, qualified and trained Staff with all due skill, care and diligence;

35.1.4 the Provider is not in default in the payment of any due and payable taxes or in the filing, registration or recording of any document or under any legal or statutory obligation or requirement which default might have a material adverse effect on its business, assets or financial condition or its ability to observe or perform its obligations under this Contract.

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36 Termination on change of control and insolvency

36.1 The Council may terminate the Contract by notice in writing with immediate effect where:

36.1.1 the Provider undergoes a change of control, within the meaning of section 416 of the Income and Corporation Taxes Act 1988, which impacts adversely and materially on the performance of the Contract; or

36.1.2 the Provider is a company, if the company passes a resolution for winding up or dissolution (otherwise than for the purposes of and followed by an amalgamation or reconstruction) or an application is made for, or any meeting of its directors or members resolves to make an application for an administration order in relation to it or any party gives or files notice of intention to appoint an administrator of it or such an administrator is appointed, or the court makes a winding-up order, or the company makes a composition or arrangement with its creditors, or an administrative receiver, receiver, manager or supervisor is appointed by a creditor or by the court, or possession is taken of any of its property under the terms of a fixed or floating charge; or

36.1.3 where the Provider is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;

36.1.4 or any similar event occurs under the law of any other jurisdiction within the United Kingdom.

36.2 The Council may only exercise its right under Clause 36.1.1 within six months after a change of control occurs and shall not be permitted to do so where it has agreed in advance to the particular change of control that occurs. The Provider shall notify the Contract Manager immediately when any change of control occurs.

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37 Termination on Default

37.1 The Council may terminate the Contract, or terminate the provision of any part of the Contract by written notice to the Provider or the Provider’s Representative with immediate effect if the Provider commits a Default and if:

37.1.1 the Provider has not remedied the Default to the satisfaction of the Council within 30 days, or such other period as may be specified by the Council, after issue of a written notice specifying the Default and requesting it to be remedied; or

37.1.2 the Default is not capable of remedy; or

37.1.3 the Default is a fundamental breach of the Contract.

37.2 In the event that through any Default of the Provider, data transmitted or processed in connection with the Contract is either lost or sufficiently degraded as to be unusable, the Provider shall be liable for the cost of reconstitution of that data and shall provide a full credit in respect of any charge levied for its transmission.

37.3 The Provider may terminate this Contract if the Council is in material breach of its obligations to pay undisputed charges by giving the Council 30 days notice specifying the breach and requiring its remedy. The Provider right of termination under this Clause 37.3 shall not apply to non-payment of the charges where such non-payment is due to the Council exercising its rights under Clause 16.1.

38 Consequences of Termination

38.1 Where the Council terminates the Contract under Clause 35, or terminates the provision of any part of the Contract under that Clause, and then makes other arrangements for the provision of Services, the Council shall be entitled to recover from the Provider the cost of making those other arrangements and any additional expenditure incurred by the Council throughout the remainder of the Contract Period. Where the Contract is terminated under Clause 37, no further payments shall be payable by the Council to the Provider until the Council has established the final cost of making those other arrangements.

39 Recovery upon Termination

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39.1 Termination or expiry of the Contract shall be without prejudice to any rights and remedies of the Provider and the Council accrued before such termination or expiration and nothing in the Contract shall prejudice the right of either Party to recover any amount outstanding at such termination or expiry.

39.2 At the end of the Contract Period (howsoever arising) the Provider shall forthwith deliver to the Council upon request and free of charge whatsoever all the Council’s Property (including but not limited to materials, documents, information, access keys but save for personal data concerning or provided by Customers except to the extent that such personal data was provided by the Council under the Contract but including where the Service User has consented to such information being shared ) relating to the Contract in its possession or under its control or in the possession or under the control of any permitted suppliers or sub-contractors and in default of compliance with this Clause the Council may recover possession thereof and the Provider grants licence to the Council or its appointed agents to enter (for the purposes of such recovery) any premises of the Provider or its permitted suppliers or sub-contractors where any such items may be held.

39.3 At the end of the Contract Period (howsoever arising) and/or after the Contract Period the Provider shall co-operate free of charge with the Council and any new contractor appointed by the Council to continue or take over the performance of the Contract in order to ensure an effective handover of all work then in progress.

39.4 The provisions of this Clause shall survive the continuance of this Contract and indefinitely after its termination.

40 Staff Transfer and Provision of TUPE Information

40.1 The Parties acknowledge that the formation, expiry or termination of this Contract may constitute a relevant transfer for the purposes of the Employment Regulations. The provisions of Staff Transfer in Schedule 3 will apply on such formation, expiry or termination.

41 Force Majeure

41.1 Neither Party shall be in breach of this Contract if there is any total or partial failure of performance by it of its duties and obligations under this Contract occasioned by any matter beyond its reasonable control including act of

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God, fire, act of government or state, war, civil commotion or insurrection of whatever nature which are both beyond the control of the Party and are such that the Party with the application of all due diligence and foresight could not prevent. If either Party is unable to perform its duties and obligations under this Contract as a direct result of the effect of one of those reasons that Party shall give written notice to the other of the inability stating the reason in question. The operation of this Contract shall be suspended during the period for which the reason continues. Forthwith upon the reason ceasing to exist the Party relying upon it shall give written notice to the other of this fact. If the reason continues for a period of more than 21 days and substantially affects the commercial basis of this Contract the Party not claiming relief under this Clause shall have the right to terminate this Contract upon giving 7 days' written notice of such termination to the other Party.

41.1 For the avoidance of doubt it is hereby expressly agreed that industrial relations difficulties (including any failure by employees or subcontractor or their employees) and failure to provide adequate premises equipment materials consumables and/or employees or similar matters which a prudent and diligent consultant could have avoided with the application of foresight are not events of force majeure or acts of God.

42 Dispute Resolution

42.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within 30 days of either Party notifying the other of the dispute such efforts shall involve the escalation of the dispute to the relevant director (or equivalent) of each Party.

42.2 If the dispute cannot be resolved by the Parties pursuant to Clause 42.1 the dispute may be referred to an arbitrator (“Arbitrator”) to be agreed upon by the Parties or in default of such agreement to be nominated by the President for the time being of the Chartered Institute of Arbitrators or a person appointed by him.

42.3 The Arbitrator shall be entitled to make such decision or award as he thinks just and equitable having regard to the circumstances then existing. The cost of such arbitration to follow the event or in the event of neither party succeeding to be apportioned between the parties by the Arbitrator in such proportions as he in his absolute discretion thinks fit.

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42.4 Any award or decision of such an Arbitrator shall be final and binding on the parties hereto.

43 Governing Law

43.1 This Contract shall be governed by and interpreted in accordance with English law and the Parties submit to the exclusive jurisdiction of the courts of England and Wales

IN WITNESS whereof the Parties have executed this Contract as a Deed the day and year first before written.

THE COMMON SEAL OF GLOUCESTERSHIRE COUNTY COUNCIL was hereunto affixed In the presence of:

Director Law & Administration

THE COMMON SEAL OFPROVIDER LTDwas hereunto affixed in the presence of:

Director

Secretary

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SCHEDULE 1

SPECIFICATION, KPI’s and MONITORING PERFORMANCE CRITERIA

We reserve the right to amend the requirement as needs develop through this process but where a complete change in requirement is needed a new tender process may be appropriate and providers will be advised if this process is cancelled or suspended.

The Services

The Council requires the commission and provision of a service that will deliver a community resource for children pre-birth to five years and their families in Gloucestershire through the operation and management of Children Centre Clusters.

Background

The Council is the accountable body for 39 Children’s Centres across the county delivering early intervention and preventative services to 33,438 children aged from 0-4 years in Gloucestershire of which 11,477 are living in areas considered to be the most deprived based on Income Deprivation Data Affecting Children Index (IDACI). Currently 45% of the 0-4 population live in Gloucester (25%) and Cheltenham (20%).

The Council and NHS Gloucestershire (Primary Care Trust – NHSG) are members of the Gloucestershire Joint Commissioning Partnership Board (JCPB). The JCPB has agreed a Strategic Commissioning Framework for the Early Years (“the Framework”) that identifies shared outcomes (“the Outcomes”) and a portfolio of measures that impact on the content of service specifications and expectations.

The Framework recognises the important role that Children Centres have in Gloucestershire in leading and co-ordinating integrated services for children under 5 and their families. Much research and evidence emphasise the benefits that come from identifying need early and intervening sooner in order to prevent difficulties from escalating and becoming more challenging and costly to ameliorate.

The implementation of the Framework and achievement of the Outcomes will be supported by the creation of an Early Years Provider Board which will represent all providers of early childhood services to ensure a co-ordinated and effective partnership approach to early intervention and prevention. The Early Years

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Provider Board will be chaired by a nominated member from NHS Gloucestershire Care Services (NHS GCS).

All providers of Early Years Services will be expected to be a member of the Early Years Provider Board.

1. Service Description

1.1 The Council is seeking to commission the provision of a Children’s Centre service for prospective parents and for children pre-birth to five years and their families to be delivered within localities across Gloucestershire for the period from 1st April 2013 – 31st March 2016 with the option to extend for another two years.

1.2 This Children’s Centre service needs to be innovative, flexible and able to respond to the needs of the relevant areas. This community resource is being commissioned at Locality level in order to ensure it reflects the needs of the 0-5 population and their families within the relevant areas and is driven by local priorities as identified by the Framework and Gloucestershire’s Children and Young Peoples Plan. The two guiding principles in delivering the Services are:

To support high quality universal Services to prevent problems from developing or getting worse.

To ensure Services are able to intervene early and in a sustained way when extra help is needed.

1.3 The foundation of Children’s Centre Services is underpinned by the Core Purpose of Sure Start Children’s Centre’s (DfE 2011) and Supporting Families in the Foundation Years (DfE and DoH 2011); which seeks to provide a strong focus on the importance of the first few years as fundamentally important in shaping a child’s future development, influencing how well children do at school, their ongoing health and wellbeing and their achievements later in life.

1.4 The focus of the core purpose of Children’s Centres Services is on improving outcomes for young children and their families. The purpose around which Children’s Centres should frame their activities is to identify, reach and help families in greatest need to support in order to achieve the

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outcomes framework as detailed in Paragraph 2.12 of this Schedule with the specific purpose of Children’s Centres to focus on :-

Child development and school readiness – supporting communication behavioural, emotional and social development and physical development, through all stages of development from pre birth to age 5, so children develop as confident and curious learners and are able to benefit from transition to school.

Parenting aspirations and skills – building on strengths and supporting aspirations, so that parents and carers are able to give their child the best start in life.

Child and family and life chances – promoting good physical and mental health for both children and their families; safeguarding; supporting parents to improve the skills that enable them to access education, training and employment; addressing risk factors so that the children and their families are safe, free from poverty and able to improve their immediate well being and their future life chances.

2. Objectives and specification of the Services to be provided

2.1 The Services provided by the Provider will deliver to the high level outcomes for children and families and the organisational outcomes as identified through the overarching specification as agreed by the Council and NHS Gloucestershire and set out herein.

2.2 The Services provided by the Provider will deliver a resource for all prospective parents, children from pre-birth to 5 and their families with a specific focus on the vulnerable and disadvantaged families in the locality.

2.3 The Provider will work with provider partner services, particularly between social workers, health visitors and children centre outreach workers, so that vulnerable families are supported with appropriate interventions that are applied in a coordinated way that does not duplicate and confuse those in receipt of Services.

2.4 The Services will embed and embody the principles of early intervention and prevention based on a partnership approach to identifying need, developing and delivering services and monitoring impact of outcomes.

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2.5 The Provider must ensure that the level of provision is aligned with the number of children aged 0-5 within the locality area and reflects the principles as outlined in the Framework.

2.6 The Provider must ensure the Services are flexible and responsive to the needs of individual localities and communities and should be tailored where required.

2.7 The Services provided by the Provider will involve Children’s Centres capitalising on their locations in the heart of local communities and being a welcoming environment for families.

2.8 The Provider will respect the views and wishes of parents and engage them in decision making to support Children’s Centre service provision. Local families will have a say in how Services are delivered (with transparency about what money is being spent on and what difference it is making).

2.9 The Provider will need to ensure that the Services delivered align with the principles as outlined in the core purpose for Children’s Centres.

2.10 The Provider as a provider of Children’s Centre Services will be required to be a member of the Early Years Provider Board.

2.11 The Provider will use the Gloucestershire’s Evaluation Framework to plan Services, attribute resources and monitor outcomes.

Expected Outcomes

2.12 The community resource delivered by the Provider must contribute towards the improvement of the following outcomes, the reducing of inequalities by working effectively in partnership with others and through universal provision of the Services:

2.12.1 Outcome 1: Young children develop well and are ready for school

All young children develop a level of speech and language and communication appropriate to their age and level of

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development and are able to take advantage of the learning opportunities available to them.

All young children in Gloucestershire to have a level of personal wellbeing, social resilience and emotional development, and are able to take advantage of the learning opportunities to them.

2.12.2 Outcome 2: Parents have high aspirations for their children, good self esteem and the skills to help their children grow and develop

Parents act as positive role models and are able to demonstrate affectionate but authoritative parenting.

Parents and carers understand child development and their role as their child’s first educator including the importance of the home learning environment.

Parents and carers are able to access adult learning opportunities and employment support which enables them to improve their skills, access education, training and employment.

2.12.3 Outcome 3: Families are healthy and have good emotional and mental well being

Parents and carers ensure that their children are safe and secure within the home and the community.

Parents and carers and unborn children experience a healthy pregnancy and early bonding and attachment.

Breast feeding is encouraged and supported leading to an increase in the number of mother’s breast feeding at 6-8 weeks and at 6 months.

Parents and carers maintain and model healthy lifestyles and are positive role models, as their children grow, including having the knowledge and confidence to ensure their children

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eat healthily and are active, leading to a reduction in childhood obesity.

2.12.4 Outcome 4: Families who are identified as being in ‘greatest need’ have ‘sustained contact’ with appropriate services for young children and their parents.

Effective promotion of early intervention and prevention to families.

Effective engagement with all families with children under five in reach area.

Parents and carers are supported to understand the range, availability and value of both statutory and voluntary services for children and families and are empowered to make appropriate choices to access services which meet their needs without creating service dependency.

Parents/ carers and children under five at risk of poor outcomes, including those with additional needs and / or disabilities, are identified early and there is an effective and targeted response to their needs.

3. Interventions to achieve Outcomes

3.1 The Council requires the Provider to evidence how these specific Outcomes will be improved for children aged 0 – 5 years and their families as a result of the Services being delivered as a community resource. This will include:

3.1.1 Service Delivery – Accessibility3.1.1.1 Services should be developed to be available flexibly

at times that suit the needs of families and partners within the local communities within the locality, including both outreach and centre based Services and should be available all year round.

3.1.1.2 Where Services are delivered from a community base they should be available between the hours of 8.00 to 18.00 Monday to Friday, with evening and weekend

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Services developed to support working parents and carers where needed.

3.1.1.3 Opportunities for families and children to be participate in activities during school holidays should be made available.

3.1.1.4 The Provider is required to work with other agencies including Health Professionals to ensure Children’s Centre buildings and other venues, where appropriate, are made best use of to provide services for the whole family, to include contact visits.

3.1.1.5 The Provider must ensure that outreach services are delivered to those families identified as being vulnerable or ‘at risk’ through the analysis of relevant data and local knowledge. This will include parenting assessments. These services must be provided flexibly, at evenings and at weekends, and as a priority, include work with families in their own home.

3.1.2 Service Delivery - Needs Analysis and Assessment

3.1.2.1 Services must be focused on the earliest point of intervention to enable the best outcomes for children and their families across the locality.

3.1.2.2 The Provider will actively collaborate with local

partners across the locality to develop local data and knowledge of the families within the area.

3.1.2.3 The Provider will be expected to prioritise vulnerable and disadvantaged children up to 5 years of age and their families with the use of an agreed needs analysis tool for allocating resources, identifying outcomes and monitoring progress.

3.1.2.4 A Common Assessment Framework (CAF) should be completed where children and families are identified as having risk factors which require intervention, support

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and services from more than one agency. Where appropriate a referral to Multiagency group would consider actions to meet the needs.

3.1. 2.5 The Provider must supply all families that have been identified as needing support either through a CAF or Multiagency referral with a personalised package of support that addresses the identified needs.

3.1.2.6 The Provider will ensure key transition stages for children are also supported including transition into school.

3.1.2.7 The Provider will be expected to monitor and be able to demonstrate positive outcomes following on from interventions including through agreed performance management agreements with the Local Authority and through external verification such as OFSTED Children’s Centre inspections.

4. Service Delivery – Interventions to deliver Outcomes and respond to assessed need

4.1 The statutory definition of a Children’s Centre includes making available early childhood services. These services for young children and their families (defined in section 2 of the Childcare Act) are childcare, social service functions, health services, employment support and information and advice. The Provider must ensure that the Children’s Centres included in this Contract provide access to these services or have them on site. These will include:

4.1.1 Universal (available to all families who wish to use them) Access to high quality, inclusive early learning and childcare Information and activities for families Adult learning and employment support Integrated child and family health service

4.1.2 Targeted Parenting and Family Support Targeted evidence based early intervention programmes.

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Links with specialist services Support for families with children SEN(D)

4.1.3 Service Delivery- Partnership Working/Sharing Expertise

4.2 In order to achieve this, the Provider will work with a range of partners to reduce child poverty and increase social mobility. These will include (but are not limited to): Health professionals Other Early Years providers Social care Job Centre Plus GP consortia /Clinical Commissioning Groups Information and Advice organisations Schools Colleges Voluntary and community sector organisations

4.3 The Provider must ensure that the Children’s Centres included in this Contract will offer the following as part of their core Services:

4.3.1 Midwifery and Health Visitor Services

Work in partnership with health professionals within the locality to ensure expectant parents are able to access services appropriate to their needs.

Invite Health Visitors and midwives to Children’s Centre team meetings to plan to develop Services and set priorities. Including having a named health visitor as a member of the partnership board.

Provide expectant families with high quality advice and information on and promotion of healthy lifestyles including breastfeeding, smoking cessation, healthy eating and stress reduction.

Work with health professionals within the locality to ensure that vulnerable parents who are at risk of poor outcomes are

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identified early and are able to access services that support individual needs.

Provide links with Midwifery and Health Visiting services to gain information after health and development reviews on parent and/or child vulnerability, development delay or disability.

Provide a sustained contact with parents who are identified through vulnerability flags from Health Visiting Services within the locality.

Work with other services such as GPs, child and adult mental health services, portage and other special educational needs services to improve health and wellbeing outcomes for children and their families.

Provision of high quality, information to parents, delivered in partnership with health visitors to promote breast feeding and services that offer advice and support.

Work with other health professionals to provide 1:1 targeted support for vulnerable parents who have identified needs.

Promote, with all families, the importance of healthy lifestyles, including healthy eating, good hygiene, smoking cessation and participation in physical activity on a regular basis.

Promote the importance of maintaining a healthy weight.

Provide outreach opportunities in partnership with health colleagues and in line with the Healthy Child programme to identify families that do not historically access services, to ensure Services are targeted at these groups.

Attend Health Visitor locality meetings.

Contact families identified by Health Visitor assessment.

Implement Early Years healthy food standards in settings.

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Offer centres as a setting for vaccinations/immunisations and well baby clinics.

4.3.2 Early Years Special Educational Needs (SEN) Service

Work with Early Years SEN service to ensure children who are disabled or who have complex health needs are identified early and there is an effective targeted response to their needs including referral to Early Start programme/individual budget resource allocation.

A key worker should be assigned as a Lead professional and where ever appropriate complete a Common Assessment Framework and ensure referral to Multi agency group/specialist support whilst providing support to access other Children’s Centre services.

Provide a key worker/family support for all children with SEN.

Provide support to families and children with SEN e.g. provide specific interventions, information, access and inclusion.

Signpost parents to Early Support resources.

4.3.3 Private, Voluntary and Independent (PVI) Early Years and Childcare Sector

Access to high quality information advice and guidance on child development, communication and speech development, emotional wellbeing and mental health and Early Years Foundation Stage.

Information about childcare and other early learning opportunities including free entitlement for three and four year olds and quality and affordability of provision in locality.

Signposting to other community based support groups.

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Support for staff in other early years provision including childminders to recognise and respond to early signs of communication and language difficulties.

Hold regular meeting with PVI Early Years settings.

Provide information/themed events to improve EYFS quality.

Publicise a children’s centre service to PVI to facilitate access.

Provide a community family worker link where vulnerable 2 year olds accessing free entitlement are placed within a PVI setting.

Identify a Curriculum Lead to work with PVI staff on identified training and development.

Run best practice sessions with Children’s Centres.

Provide support for Childminders’ network.

4.3.4 Speech and Language Therapy (SALT) Service

Identify children experiencing language delay or difficulties in communication and language development so that they receive an assessment, targeted support and/or referral to specialist speech and language service.

Provide support to children and families where speech, language and communication needs are identified.

Use strategies such as ECAT (Every Child a Talker) to identify

any development/speech delay/issues. Provide venue/setting for SALT to take place.

4.3.5 Social Care and Localities Services

In partnership with social care/locality teams plan outreach services delivered by family services teams or volunteers

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within the home to assist families with relationships, behaviour management and child development.

Work with social care/locality teams to ensure sustained contact with children from 0-5 years, and their carers, who are identified as on Child Protection (CP) register or who are Looked After Children (LAC).

Work in partnership to provide evidenced based parenting programmes to improve outcomes for parents and children who are experiencing difficulties with children’s behaviour.

Receive referrals to deliver parenting assessment to meet the needs of vulnerable children within the locality in line with the Authority’s Parenting Assessment Guidance.

Provide a venue and support where required for contact visits, between LAC and parents.

4.3.6 Schools Support transition arrangements with schools for children

transferring into reception classes.

4.4 The Provider must ensure that the Children’s Centres included in this Contract will offer the following Services subject to capacity and priority:

4.4.1 Midwifery and Health Visitors

Work with HV and midwifery services to: Deliver targeted health interventions e.g., HENRY/Health Child

Partnership Plus.

Attend training delivered by Health Visitors/midwives to support the Healthy Child Programme.

Provide a room for ante-natal checks and parent education.

4.4.2 Early Years Special Educational Needs (SEN) service

Provide venues for SEN group activities to take place.

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Targeted Stay and Play.

Targeted peer support groups.

Provide some expertise in SEN and support to families.

Offer office space for EY SEN equipment.

Attend training delivered by EY SEN staff.

Work in partnership with specialist services e.g. Child Mental Health Service (CYPS), Battledown Centre, Nigel Hunter Nursery, etc

4.4.3 Private, Voluntary and Independent (PVI) Early Years and Childcare Sector

Regularly visit/support/input to planning and delivery of Early Years Foundation Stage (EYFS) in PVI settings.

Ask PVI settings to register children.

Establish a volunteering service which reflects the needs of the local county and support local families.

Offer training and mentoring to support improvements in Early education in partnership with Gloucestershire County Council’s Early Years team.

Share information/best practice.

Provide space in the Children’s Centres for PVI settings to deliver EYFS.

4.4.4 SALT Service

Deliver speech, language and communication activities with a joint approach (with SLT colleagues)

Invite SALT to Children’s Centre team meetings to share in planning and setting priorities.

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4.5 In addition the Provider will develop a range of opportunities for supporting and improving quality in other early year’s settings. These will include:-

Providing support for childminders as stated in the Authority’s Memorandum of Understanding between Children’s Centres and child minding providers.

Support good practice networks for the sharing of expertise, training and development including those for Childminders, Curriculum Leads and Children’s Centre Managers.

Maintain and develop collaborative working arrangements with private, voluntary and community groups to include playgroups, day nurseries and childminders to improve outcomes for young children and their families.

4.6 The Provider must ensure that the Services provided at or through Children’s Centres included in this Contract will link with the Public Health Nursing Service for children and young people aged 0-5 years (also known as Health Visiting) in the following ways:

4.6.1 The Healthy Child programme (HCP) 0-5 is a progressive universal service i.e. it is a universal service offered to all children and young people and their families with additional preventative services for those with specific needs and risks that may impact on future health and well being.

4.6.2 The local Public Health Nursing service offers for families will be organised at four levels and will correspond to the Services offered through Children’s Centres as:

Public Health Nursing Service Children’s Centres Community Universal Universal Universal Universal Plus Targeted Universal Partnership Plus Targeted

4.6.3 The following Service delivery has been agreed by Children’s Centres and the Public Health Nursing Service (also known has Health Visiting) to support the delivery of the Healthy Child programme and

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align with the Health Visitor Implementation Plan 2011 -2015 and the Provider will ensure that the following Services provided at or through Children’s Centres included in this Contract will form part of the Core Service:

A Health Visitor on each Children’s Centre partnership board

Support the registration process for Children’s Centres

Work in a joined-up coherent way with Children’s Centres

‘Flag up’ vulnerable families to Children Centres

Provide support to vulnerable families – including behavioural and attachment support and approaches

Inform the Children Centres of families who move in and out of area

Identify children who could benefit from early intervention by SEN in a timely fashion

Provide evidence and in depth information including issues around developmental delay and difficulties when referring to other services e.g. SALT and Early Years SEN

Complete CAFs and act as lead professional where appropriate

Recognise that all children’s needs are individual and support the provision and delivery of individualised support

Identify local support groups, resources and facilities in their locality

Refer children to the most appropriate early intervention service and other services as appropriate

Visit all families within 10-14 days of a new birth (post natal home contact)

Provide breast feeding advice and support and referral to peer support groups as appropriate

Provide immunisation advice and encourage immunisation uptake

Follow up smoking cessation referrals completed by Midwife

Ensure they have a robust handover of new parents from Midwives, particularly around vulnerable families/those with additional needs

Have antenatal contact with targeted families

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Plan and deliver antenatal education in a joined up way with Midwives

Provide early identification of children with specific needs

Share information around developmental reviews with other services as appropriate e.g. 2-2 1/2 year review with SALT

Act as part of Team Around the Child/ Team Around the Family

Refer children with oral/pharyngeal and feeding problems to SALT (and other relevant professionals e.g. Paediatricians).

4.6.4 The Provider must ensure that the Children’s Centres included in this Contract will offer the following Health Visiting Services subject to capacity and priority:

Community Nursery Nurses to work more flexibly across the PHN service and Children Centres to offer support to families

Deliver HENRY courses in Children Centres to targeted groups with Children Centre staff

Attend Children Centre meetings to plan and develop services and set priorities

Run drop ins in Children Centres alongside ante-natal clinics and breastfeeding peer support groups to provide seamless provision

Provide postnatal support groups to deliver specific health and well being support.

Act as Lead Professionals, where appropriate, for children referred to Early Years SEN service

Attend Early Years SEN meetings to improve understanding of roles and to enable the sharing of good practice

Contact all mothers and families ante-natally

In partnership with midwives make Children Centres aware of all pregnant women in the local area.

Identify family factors that may have an impact on speech and language development and share with SALT staff

4.7 Early Years Specialist Service for families with children under five

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4.7.1 The proposed new Early Years Specialist service for families with children under five who are experiencing chronic neglect due to their parents underlying substance misuse and/or mental health problems will be operated by a multi agency professional team which would comprise the following:

Health visitors Child care social workers and a team manager. Practitioners Support workers trained in adult and family based evidenced

based interventions and programmes. Parent Mentors Speech and Language Therapy

4.7.2 These services will be delivered in and from Children’s Centre buildings where possible and the Provider must;

4.7.2.1 assist and co-operate with the professional teams in the provision of these services;

4.7.2.2 provide a link professional from the local Children’s Centre who will ensure a personal link for families into the Children’s Centre Services;

4.7.2.3 provide step down arrangements from the specialist services where required to do so. This will include access to a range of universal and targeted provision offered through the Children’s Centres Services.

4.8 Growing Great Futures - Gloucestershire Parent Led Opportunities

4.8.1 The Council is intending to commission under a separate two year contract the provision of a county wide service that will ensure that parents are empowered, with support, to take responsibility for the development and where they express interest, the delivery of their Children’s Centre and community early years services.

4.8.2 The Provider will throughout the Contract Period co-operate with the successful provider for the services set out in Paragraph 4.8.1 above and will work with the successful provider;

4.8.2.1 to promote opportunities in Children’s centres for all parents to develop the skills, knowledge and confidence to be able

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to take responsibility for their services and their children’s services into the future;

4.8.2.2 to develop an aspirational programme in each Children’s Centre that puts parents at the heart of service delivery for children and families;

4.8.2.3 to audit current practice in Children’s Centres and develop an evaluation tool to help better understand where parent led services are embryonic, emerging and embedded

4.8.2.4 to respect the views and wishes of all parents, to ensure local families are at the heart of decision making;

4.8.2.5 community partners including health to create opportunities for parents to take up volunteering opportunities, training or work;

4.8.2.6 to ensure that parents are empowered to develop commitment to being involved in designing, developing, delivering and evaluating local services;

4.8.2.7 to identify a menu of support including mechanisms to allow for the development of parent led provision that is moving toward becoming embedded;

4.8.2.8 to identify where parents and the local community can sustainably run and manage Services. Where they wish to do so, to support parents and the local community in the running and managing of those Services for themselves.

4.8.2.9 to determine whether it is appropriate to initiate (and the level of) a small grant start up funding programme to facilitate the objectives.

5. Service Model Interventions to deliver Outcomes

5.1 The provider will be required to provide the Services to meet the following Outcomes:

5.1.1 Outcome 1: Young children develop well and are ready for school

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4a: All young children develop a level of speech and language and communication appropriate to their age and level of development and are able to take advantage of the learning opportunities available to them.

4b: All young children in Gloucestershire have a level of personal well-being, social resilience and emotional development, and are able to take advantage of the learning opportunities to them.

5.1.2 This must include:

5.1.2.1 Universal Access for parents/ carers to high quality information advice

and guidance on child development, communication and speech development, emotional well being and mental health and Early Years Foundation Stage

Information about childcare and other early learning opportunities including free entitlement for three and four year olds and quality and affordability of provision in locality

Signposting to other community based support groups

Facilitate access to peer support networks and groups e.g. Baby Massage

Support for parents/carers to lead by example through the use

of language and interaction with children

Support for parents/carers to recognise and respond to early signs of communication and language difficulties

Support for staff in other early years provision including childminders to recognise and respond to early signs of communication and language difficulties

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Children’s Centre staff trained and experienced in speech language and communication development. e.g. ECAT

Support parents to be involved in the children’s learning and development. Including initiatives such as Bookstart.

5.1.2.2 Targeted Support for parents whose children are at risk of poor

outcomes to engage in learning and development activities with their children after child development summary at 24 and 36 months is shared with them

Children experiencing language delay or difficulties in communication and language development receive an assessment, targeted support and/or referral to specialist speech and language service

Information about childcare and other early learning opportunities including free entitlement for two, three and four year olds

5.1.3 Outcome 2: Parents have high aspirations for their children, good self esteem and the skills to help their children grow and develop

4c: Parents act as positive role models and are able to demonstrate affectionate but authoritative parenting

4d: Parents and carers understand child development and their role as their child’s first educator including the importance of the home learning environment.

5.1.4 This must include:

5.1.4.1 Universal Parents have access to high quality information advice and

guidance on child development, communication and speech development, emotional well being and mental health and Early Years Foundation Stage

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Empowering parents to be actively involved in their children learning and development within the home and through other services including those sessions offered through the children centres

Enabling families to take the lead on developing and leading parent led sessions.

Provision of high quality information on the importance of showing affection, bonding, interacting and playing with children to support healthy child development

Provision of information, advice and guidance to parents/carers on bonding techniques and parenting strategies, particularly when tired, busy or stressed.

Signposting to other services if required.

5.1.4.2 Targeted Evidenced based parenting interventions and programmes

delivered by the Provider or through a commissioned service

Outreach services delivered by family services team or volunteers within the home to assist families with relationships, behaviour management and child development

Peer support groups

4e: Parents and carers are able to access adult learning opportunities andemployment support which enables them to improve their skills, access education, training and employment

5.1.4.3 Universal The promotion of parent involvement and volunteering in the

development and delivery of children centre services

Information, advice and guidance on adult learning opportunities and how to access them

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The promotion of adult literacy, numeracy and family learning opportunities and their value and benefit

Information about local childcare available in the reach area including childminders

Information, advice and guidance on how to access employment; links to Job Centre plus

5.1.4.3 Targeted Identification and referral of individuals to the Family Action

Programme

5.1.5 Outcome 3: Families are healthy and have good emotional and mental well being

4f: Parents and carers ensure that their children are safe and secure within the home and the community

5.1.6 This must include:

5.1.6.1 Universal Ensure all families attending the centre understand their rights

and responsibilities around keeping children safe and are able to contribute to a safe learning environment

Provision of high quality information on child safety in a format that is easy to understand for all community groups

Provide opportunities for parents to indicate whether they feel safe within the centre and community and support to improve outcomes where risk areas are identified

5.1.6.2 Targeted

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Sustained contact with children from 0-5 years who are identified as on Child Protection (CP) Register or who are Looked After Children (LAC).

Sustained contact with parents whose children are at risk of poor outcomes.

Support for parents who are experiencing change, challenge of difficulties which impacts on their confidence and parenting skills

Provide evidenced based parenting programmes to improve outcomes for parents and children who are experiencing difficulties with children’s behaviour

Deliver Parenting Assessments to meet the needs of vulnerable children within the locality in line with the LAs Parenting Assessment Guidance

Provide a venue and support where required for contact visits

4g: Parents and carers and unborn children experience a healthy pregnancy and early bonding and attachment.

5.1.7 This must include:

5.7.1 Universal Work in partnership with Health Professionals within the

locality to ensure expectant parents are able to access Services appropriate to their needs.

Provide expectant families with high quality advice and information on and promotion of healthy lifestyles including breast feeding, smoking cessation, healthy eating and stress reduction

5.7.2 Targeted

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Work with Health professionals within the locality to ensure that vulnerable parents who are at risk of poor outcomes are identified early and are able to access Services that support individual needs

Links with Midwifery and Health Visiting Services to gain information after Health and development reviews on parent and or child vulnerability, development delay or disability

Sustained contact with parents who are identified through vulnerability flags from Health Visiting Services within the locality

Children who are disabled or who have complex health needs are identified early and there is an effective targeted response to their needs including referral to Early Start programme/individual budget resource allocation.

Work with other services such GPs, child and adult mental health services, portage and other special educational needs services to improve health and wellbeing outcomes for children and their families

4h: Breast feeding is encouraged and supported leading to an increase in the number of mothers breast feeding at 6-8 weeks and at 6 months

5.1.8 This must include:

5.1.8.1 Universal Provision of high quality, information to parents, delivered in

partnership with health visitors to promote breast feeding and services that offer advice and support.

Promote an environment that welcomes and supports breast feeding mothers.

Facilitate peer support networks that promote and support breast feeding

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5.1.8.2 Targeted Work with other health professional to provide 1 to 1 targeted

support for vulnerable parents who have identified needs.

4i: Parents and carers maintain and model healthy lifestyles and are positive role models, as their children grow, including having the knowledge and confidence to ensure their children eat healthily and are active, leading to a reduction in childhood obesity

5.1.9 This must include:

5.1.9.1 Universal Promote, with all families, the importance of healthy lifestyles,

including healthy eating, good hygiene, smoking cessation and participation in physical activity on a regular basis

Promote the importance of maintaining a healthy weight.

5.1.9.2 Targeted Provide outreach opportunities in partnership with health

colleagues and in line with the Healthy Child programme to identify families that do not historically access Services to ensure Services are targeted at these groups

5.1.10 Outcome 4: Families who are identified as being in ‘greatest need’ have ‘sustained contact’ with appropriate services for young children and their parents.

4j: Effective promotion of early intervention and prevention to families

4k: Effective engagement with all families with children under five in reach area

4l: Parents and carers are supported to understand the range, availability and value of both statutory and voluntary services for children and families and are empowered to make appropriate choices to access services which meet their needs without creating service dependency.

5.1.11 This must include:

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5.1.11.1 Universal Engagement with families with children under five and their

registration with a children’s centre in the locality High quality information advice and guidance to parents,

including child development, childcare, early year’s provision and healthy lifestyle options

Information and links and support to access wider services

Drop in sessions for families

Facilitation of peer networks and support groups

5.1.11.2 Targeted Outreach services for families who experience barriers to

participation or vulnerable families including (but not restricted to) ethnic minority families, EAL families, parents/carers with physical or learning disabilities, parents with mental health problems and teenage parents

A key worker should be assigned as a Lead professional and where ever appropriate complete a Common Assessment Framework and ensure referral to Multi agency group/specialist support whilst providing support to access other Children Centre Services

Support to access targeted antenatal and postnatal support through midwifery and Health Visiting Services

Support to help parents/carers, children and families access Services

4m: Parents/ carers and children under five at risk of poor outcomes, including those with additional needs and / or disabilities are identified early and there is an effective and targeted response to their needs.

5.1.12 This must include:81

5.1.12.1 Universal Information and services to support parents are available and

co-ordinated through locality multiagency partnerships

Links with Midwifery and Health Visiting Services to gain information after health and development reviews on vulnerability, development delay or disability

1 to 1 sustained contact with parents who are identified through vulnerability flags from Health Visiting Services within the locality

1 to 1 sustained contact with children from 0-5 years who are identified as on Child Protection(CP) Register or who are Looked After Children(LAC)

5.1.12.2 Targeted

Parents whose children who are experiencing difficulties because of learning disabilities and/or difficulties and/or challenging behaviour receive early support and evidence based interventions

Children who are disabled or who have complex health needs are identified early and there is an effective targeted response to their needs including referral to Early Start programme/ individual budget resource allocation

Vulnerable two year olds at risk of poor outcomes are identified early and there is an effective targeted response to their needs including access to free early education entitlement and linked community family worker

Collaborative effective joint assessment

Staffing Requirements

6.1 The Provider will be required to:

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6.1.1 have an indentified and appropriately trained Designated Child Protection Officer (DCPO) and ensure all other Staff receive the appropriate level of Child Protection Training and be able to provide documentation to the Council to prove training is up to date and relevant.

6.1.2 ensure that for all Staff there is robust induction and supervision process in place which includes case management, performance management, professional development and annual reviews.

6.1.3 show commitment to developing Children’s Centre workforce professionalism, quality and capacity through providing personal and workforce development, planning and support, including ensuring the workforce is fit for purpose to respond to current and anticipated future requirements.

6.1.4 ensure in line with the Council’s Parenting Assessment Guidance that trained Staff are available to deliver Parenting Assessments to meet the needs of vulnerable children.

6.1.5 ensure that the Children’s Centre manager has the National Professional Qualification in Integrated Centre Leadership or is working towards the qualification and obtains it within two years of starting in post.

6.1.6 ensure that any teacher employed in a Children’s Centre receives appropriate professional performance management from a qualified teacher.

6.1.7 inform the Authority at least one month in advance of any changes in substantive staffing arrangements.

6. Business Planning

7.1 The Provider will submit to the Contract Manager an annual business plan linked to the Children’s Centre contract monitoring cycle as identified by the Council. This business plan will include:

7.1.1 evidence of geographic/reach area analysis and used as baseline for improvement for all areas of service, where necessary.

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7.1.2 clearly identified priorities as identified through the Annual Conversation visit, post Ofsted inspection plans, self evaluation and needs analysis undertaken by the Children’s Centre.

7.1.3 an action plan to address these priorities with tasks, resources and a named lead for each.

7.1.4 an evaluation of how the Services provided meet the revised Children Centre core purpose and outcomes identified within this Specification (i.e. how outcomes will be achieved and contributed to).

7.1.5 information that identifies the overall effectiveness of the Children’s Centres and areas for development.

7.1.6 a financial plan on how effectively and efficiently resources are deployed to achieve value for money.

7.1.7 information to demonstrate how the minimum standards of governance are to be applied (to include the membership of the partnership board and how it is supported and developed by the Children’s Centre)

7.1.8 information as to how families will contribute to the shaping of Services.

7.1.9 information identifying links with Gloucestershire’s Children and Young Peoples Partnership Plan.

7. Policies and Procedures

8.1 The Provider will at all times during the Contract:8.1.1 involve children and families who live in the reach area of the

Children’s Centre in decision making in a planned and co-ordinated way.

8.1.2 make sure those families in the reach area who are ‘seldom heard’ have opportunities and are supported in their participation.

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8.1.3 have simple and effective processes and systems that support children and families in the design, development, delivery, governance and evaluation of Children’s Centre Services.

8.1.4 provide arrangements for children under five and their parents/ carers to provide feedback on Service development and provision.

8.1.5 consult with parents/ carers prior to any Service changes.

8.1.6 collect data in relation to Service activity performance measures and outcomes and ensure there are sufficient resources to report back as required to the Council using the Council’s preferred software and protocols.

8.1.7 ensure family and child data relating to Children’s Centre use and access can be recorded using E Start.

8.1.8 follow key principles as identified by the Council which must be used for assessing need and evaluating outcomes for all appropriate family interventions through the use of Gloucestershire County Council Evaluation Framework.

8.1.9 ensure that there are mechanisms in place to report back to the Council’s centrally stored CAF data.

8.2 The Council is committed to safeguarding all children. The Provider will be expected to comply with the statutory guidance on making arrangements to safeguard and promote the welfare of children under Section 11 of the Children Act 2004. The Provider will ensure that all Staff are fully aware of the Provider’s policy with regard to their own responsibility in reporting safeguarding concerns which will be in line with the Council’s policy.

8.3 The Gloucestershire Safeguarding Children Board (GSCB) is responsible for ensuring that staff working with children and families in Gloucestershire, prioritise safeguarding and promote the welfare of children and young people. It does this through scrutiny, inquiry, training and development work overseen by an interagency GSCB and sub committees.

8.4 The GSCB has published child protection procedures that must be followed by the Provider and all those working with children and families in

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Gloucestershire when there are child protection concerns about a particular child or young person. These can be accessed at:

www.gscb.org.uk/procedures

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SCHEDULE 1

CONTRACT KPI’S

Performance Measures

The Provider has the responsibility to deliver the service outcomes as described in the Specification and will be monitored against these as part of the annual cycle of performance management. Performance monitoring descriptors will be identified for the following areas business planning, monitoring and evaluation, quality of data returns, partnership boards, user participation, governance, EYFS and finance.

In addition the Provider will be monitored against the following Outcomes Measures which will form the basis of a Payment by Results system. This will include engagement with families defined as being in ‘greatest need’

Defining Families in Greatest Need

The following list includes identifiable vulnerabilities/risk factors which can be applied to child, adults and families. The emphasis must be on targeting child / adult and family need rather than targeting specific groups so not to stigmatise or stereotype in line with a more outcomes focused approach. A weighting score of 5 or more however could be deemed to be a definition of ‘in greatest need’.

Chi

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ties

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gChildren who have been LAC

5 Drugs and alcohol misuse

5 Domestic violence

5

Children on Child Protection

5 Parent with long standing illness, disability or infirmity.

5 Low income (below 60% of the median) or receiving benefits

5

Children in Need 5 Mother/care giver with serious mental health problems

5 Significant bereavement

5

Evidence of poor attachment/difficulties with attachment relationship

5 Drug and alcohol abuse during pregnancy

5 Adoption/ placement breakdown

5

Speech 5 Parent 5 Temporary/ 5

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/communication problems

criminality low standard accommodation

Learning /developmental delay

5 Isolated lone parent

4 English as an additional language

4

Very low birth weight

5 Parents who were CP or LAC

4 Poor/overcrowded housing.

4

Subject to acute/prolonged toxic stress

5 Learning disability

4 Free school meal eligibility

4

Child subject to disruptive / abusive / neglectful parenting

5 Teenage first time mother

3 Families at risk of breakdown

4

Child with long term illness

4 Issues with gambling

3 Forces families

4

Child with disability

4 Unemployment/ NEET

3 Transient families

4

Child with Special Educational Needs

4 Smoking during pregnancy

3 Social isolation

4

Issues with behaviour

2 Parents have low or no qualifications

3 Poor money management

3

Low birth weight 2 Lack of parental engagement in child’s education

3 Disadvantaged neighbourhood

3

Lack of access to good quality pre- school education and care

2 Family can’t afford a number of food/clothing items

3

Cultural and familial issues

3

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Outcome 1:

Young children develop well and are ready for school

4a: All young children develop a level of speech and language and communication appropriate to their age and level of development and are able to take advantage of the learning opportunities available to them

4b: All young children in Gloucestershire have a level of personal well-being, social resilience and emotional development, and are able to take advantage of the learning opportunities to them

Perf

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ance

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res

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Nat

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Freq

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All children who are Looked After are able to access two year old free entitlement and are assigned a community family worker

EMS data

LA referral data

100% N T Quarterly contract monitoring

All Children who are on Child Protection plan are able to access two year old free entitlement and are assigned a community family worker

EMS data

LA referral data

100% N T Quarterly contract monitoring

Take up the two year old free education entitlement

LA database TBC N T Quarterly contract monitoring

Take up of free entitlement for disadvantaged 3year old

LA database TBC N T Annually

Proportion of children who received personalised

Transition passports

TBC L U Annually

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support for transition into school Early Years Foundation Stage Assessment with gap narrowing for FSM children

EYFS profile results

TBC N U/T Annually

Proportion of vulnerable two year olds at risk of poor outcomes identified early and there is a targeted response to their needs

E Start

Outcomes framework

TBC L T Quarterly contract monitoring

Proportion of children who are disabled or who have complex health needs are identified and there is a targeted response to their needs

E Start

Early Start Report

Outcomes framework

TBC L T Quarterly contract monitoring

Proportion of Children’s Centre staff trained in speech , language and communication

Annual

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Outcome 2:

Parents have high aspirations for their children, good self esteem and the skillsto help their children grow and develop

4c: Parents act as positive role models and are able to demonstrate affectionate but authoritative parenting

4 d: Parents and carers understand child development and their role as their child’s first educator including the importance of the home learning environment.

4e: Parents and carers are able to access adult learning opportunities and employment support which enables then to improve their skills, access education, training and employment

Perf

orm

ance

M

easu

res

Met

hod

of

mea

sure

men

t

Bas

elin

e ta

rget

Nat

iona

l or

Loca

l

Targ

eted

/ U

nive

rsal

Freq

uenc

y of

M

onito

ring

Proportion of families in ‘greatest need’ completing evidence based parenting programmes

E-start

Outcomes framework

TBC N T Quarterly contract monitoring

By vulnerability criteria

Proportion of vulnerable parents still engaged with CC services at Child’s 24 month check

E- Start TBC L T Quarterly contract monitoring

Proportion of parents whose children are at risk of poor outcomes who engage with learning and development activities with

E Start

Outcomes framework

TBC L T Quarterly contract monitoring

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their children after 24 month child development summary is shared with themParents who felt their individual support needs had been met by services received through a children’s centre

Parent questionnaires

Bi annual consultation

TBC L T Annually

Parents who felt supported to improve their levels of literacy and numeracy.

Parent questionnaires

Bi annual consultation

TBC L T Annually

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Outcome 3:

Families are healthy and have good emotional and mental well being

4f: Parents and carers ensure that their children are safe and secure within the home and the community

4g: Parents and unborn children experience a healthy pregnancy and early bonding experience.

4h: Breast feeding is encouraged and supported leading to an increase number of mothers breast feeding at 6-8 weeks and at 6 months

4i: Parents and carers maintain and model healthy lifestyles and are positive role models, as their children grow , including having the knowledge and confidence to ensure that their children eat healthily and are active , leading to are reduction in childhood obesity

Perf

orm

ance

M

easu

res

Met

hod

of

mea

sure

men

t

Bas

elin

e ta

rget

Nat

iona

l or

Loca

l

Targ

eted

/ U

nive

rsal

Freq

uenc

y of

M

onito

ring

Decrease in child accidents/incidents within the home

Heath data / EJSNA

TBC N U Annual

Reduction in low birth weight with gap narrowing

Health data/ EJSNA

TBC N T Annual

Breast feeding prevalence at six – eight weeks with gap narrowing

Health data / EJSNA

TBC N U Annual

Proportion of new mothers contacted by

EMS data extract

100% L U Quarterly contract monitoring

93

children’s centreProportion of flagged vulnerable mothers contacted by children’s centre

E Start 100% L T Quarterly contract monitoring

Prevalence of healthy weight at 4-5 years With gap narrowing

Health data/ EJSNA

TBC N U Annual

94

Outcome 4

Families who are identified as being in ‘greatest need’ have ‘sustained contact’ with appropriate services for young children and their parents.

4a: Effective promotion of early intervention and prevention to families

4b: Effective engagement with all families with children under five in reach area

4c: Parents and carers are supported to understand the range, availability and value of both statutory and voluntary services for children and families and are empowered to make appropriate choices to access services which meet their needs without creating service dependency.

4d: Parents/ carers and children under five at risk of poor outcomes, including those with additional needs and / or disabilities are identified early and there is an effective and targeted response to their needs.

Perf

orm

ance

M

easu

res

Met

hod

of

mea

sure

men

t

Bas

elin

e ta

rget

Nat

iona

l or

Loca

l

Targ

eted

/ U

nive

rsal

Freq

uenc

y of

M

onito

ring

Proportion of families with children under five who are registered with children centre in local authority area

E start TBC L U Quarterly contract monitoring

Proportion of families with children under five years who are identified as being in ‘greatest need’ and have ‘sustained contact’ with children’s centre in local

E-start

Outcomes framework

TBC N T Quarterly contract monitoring

By vulnerability

95

authority areaProportion of vulnerable parents still engaged with CC services at Child’s 24 month check

E- Start TBC L T Annually

Parents who felt their individual support needs had been met by services received through a children’s centre.

Parent questionnaires

Bi annual consultation

TBC L T Annually

Ensure families receiving individual support, have had or have been offered a Common Assessment (CAF)

Reporting to Locality Team

100% L T Quarterly

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Performance MeasuresPe

rfor

man

ce

Mea

sure

s

Met

hod

of

mea

sure

men

t

Bas

elin

e ta

rget

Nat

iona

l or

Loca

l

Targ

eted

/ U

nive

rsal

Freq

uenc

y of

M

onito

ring

Completion and submission to G.C.C of an annual business plan

Performance criteria linked to key areas. including overall effectiveness and areas for development.Evidence of annual action plan/ staff development and services linked to OFSTED/ Annual Conversation/ locally identified priorities.

N/A Local Both Annually in Q1

Progress against Business Plan priorities

RAG rating N/A Local Both Quarterly

Completion of unit costing tool

Submission of plan to GCC

N/A Local Both Annually in Q1

Review of Self Evaluation Form ( SEF)

Submission of SEF to GCC

N/A Local Both Prior to Annual Conversation Q3

Budget plan Review of spend and variances

N/A Local Both Quarterly

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SCHEDULE 1

MONITORING AND PERFORMANCE CRITERIA

1. The Provider will be required to work to meet standards laid down by;

Ofsted

The Council’s Code of Practice for developing Children’s Centres

The Specification

2. The Provider will be subject to an OFSTED inspection for each Children’s Centre

on a three year cycle.

3. The Provider will be required to provide the Council with evidence of self

evaluation of Services to improve quality and positive outcomes for young

children and families through appropriate Self Evaluation documentation.

4. The Provider will receive an Annual Conversation for each Children’s Centre

Cluster to evaluate progress against improvement priorities and outcomes for

young children and families and identify priorities for the following Performance

Management cycle.

5. Each Children’s Centre cluster will be subject to a cycle of Performance

Management arrangements against a set of performance descriptors which will

include;

Quarterly monitoring submission of data including E Start and progress

against priorities and performance measures.

Quarterly review meetings between nominated representatives of the

Council and the Provider

6. Performance criteria will be used to judge the standard of delivery of services .

Where this is thought to be inadequate steps will be taken as outlined in section 28

and may ultimately lead to the contract being terminated and an alternative provider

being appointed to manage the contract.

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SCHEDULE 2

PRICING SCHEDULE

1. The Contract Price for each of the first three years of the Contract Period shall be:

1.1 Year 1: 1st April 2012 – 31st March 2014 £xxxxxxxxxx

1.2 Year 2: 1st April 2014 – 31st March 2015 £xxxxxxxxxx

1.3 Year 3: 1st April 2015 – 31st March 2016 £xxxxxxxxxxx

2. The Contract Price for each year as set out in Paragraph 1 will be divided equally by

four and will be paid by the Council to the Provider by quarterly instalments in advance

in accordance with the provisions of Clause 15 the first payment date being the 1st April

2013 and further payments being due on the 1st July, 1st October and 1st January each

year during the Contract Period.

3. In the event that the Council exercises its option to extend the Contract in accordance

with Clause 2.2 the Parties shall endeavour to agree a new Contract Price for the

extension period.

4. The Contract Price agreed for any such extension period shall be payable by the

Council in equal quarterly instalments in advance in accordance with the provisions of

Clause 15.

5. The Provider shall submit to the Council:

5.1 a budget profile on the Commencement Date and on the 1st April in each year

of the Contract Period and any extension(s) thereto;

5.2 a financial statement;

5.2.1 within six weeks of the 31st March for each year of the Contract Period

and any extension(s) thereto, and

5.2.2 within six weeks of the termination date of the Contract howsoever

occurring.

5.3 The Provider’s Chief Finance Officer must sign any statement and/or profile

submitted pursuant to this Paragraph 5.

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6. The Provider shall during each year of the Contract Period submit quarterly financial

reports against each budget profile submitted to the Council by the Provider during the

Contract Period and any extension(s) thereto. Each report shall cover the relevant

period set out below and shall be submitted by the 25th day of the month following the

end of each relevant period;

6.1 Quarter 1 for the period 1st April to 30th June

6.2 Quarter 2 for the period 1st July to 30th September

6.3 Quarter 3 for the period 1st October to 31st December

6.4 Quarter 4 for the period 1st January to 31st March

7. The financial statements referred to in Paragraphs 5 and 6 of this Schedule shall

contain information as set out in Appendix 3.

8. The Council may withhold payment of the Contract Price until such time as the

Provider has complied with the provisions of Paragraphs 5 and 6 of this Schedule.

9. The Provider will submit any additional financial information in connection with the

provision of the Services under this Contract as the Council may reasonably request in

order to satisfy its financial audit requirements and to provide evidence to ensure that

no financial irregularities have or are taking place.

10. Any overspend in connection with the provision of the Services will be bourne by the

Provider and the Council will be under no obligation whatsoever to pay to the Provider

any sums in addition to the Contract price unless such sums have been agreed by the

Parties as a variation in accordance with Clause 26.

11. Funding for each year of the Contract Period must be spent during that financial year

being the period 1st April – 31st March. There is no provision for any underspend of the

Contract Price to be carried forward to the next year. Any such underspend must be

declared by the Provider and returned immediately to the Council whether demanded

or not and shall be recoverable by the Council in accordance with the provisions of

Clause 16.

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SCHEDULE 2

EXAMPLE FINANCIAL REPORT

Forecast Income & Expenditure report for the 12 months ended 31 March 2014 as at the end of quarter 1

Name of Provider:  Name of locality:  

Full

Year

B

udge

tB

udge

t to

date

Act

uals

to

date

Varia

nce

to

date

Res

t of Y

ear

Fore

cast

Cur

rent

Ful

l Ye

ar

Estim

ated

Fu

ll Ye

ar

Prev

ious

Fu

ll Ye

ar

Cha

nge

in

fore

cast

Q1 Q2-4

EXPENDITURE (to be entered as positive figures)

£ £ £ £ £ £ £ £ £

Management, Admin & Finance 0 0 0Teachers, Early Years 0 0 0Community Family Support 0 0 0Premises staff (cleaners, caretakers, cooks, etc)

0 0 0

External Agencies 0 0 0Training/Conferences 0 0 0Recruitment 0 0 0Other Staff Costs e.g. CRB's, subsistence, etc

0 0 0

Central/Regional Management/Admin Recharge

0 0 0

TOTAL STAFF COSTS 0 0 0 0 0 0 0 0 0                   Maintenance & Equipment 0 0 0Rent, Rates & Service Charges 0 0 0Utilities 0 0 0Other Property Costs 0 0 0TOTAL PREMISES COSTS 0 0 0 0 0 0 0 0 0                   Staff Mileage Claims 0 0 0Travel Other 0 0 0TOTAL TRAVEL COSTS 0 0 0 0 0 0 0 0 0                   Furniture & Equipment 0 0 0

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Stationery 0 0 0Resources 0 0 0Communication Costs 0 0 0ICT Costs 0 0 0Other Costs 0 0 0Central/Regional Overheads Recharge

0 0 0

TOTAL SERVICE DELIVERY EXPENSES

0 0 0 0 0 0 0 0 0

                   Marketing 0 0 0Consultancy 0 0 0Commissioned ProjectsOther Professional Costs 0 0 0TOTAL PROFESSIONAL COSTS

0 0 0 0 0 0 0 0 0

TOTAL EXPENDITURE 0 0 0 0 0 0 0 0 0

INCOME (to be entered as negative figures)

£ £ £ £ £ £ £ £ £

Budget allocation from LA 0 0 0Nursery Education Free for 3 & 4 year olds

0 0 0

Nursery Education 2 year old pilot

0 0 0

Income from other users 0 0 0Other income e.g grants, projects, etc

0 0 0

TOTAL INCOME 0 0 0 0 0 0 0 0 0

Net underspend (-) / overspend (+)

0 0 0 0 0 0 0 0 0

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SCHEDULE 3

STAFF TRANSFER

1 Purpose of this Schedule

1.1 The Schedule sets out the Parties respective rights and obligations in relation to the application of the Employment Regulations to this Contract.

2 Application of the Employment Regulations on the Formation of the Contract

2.1 In circumstances where in pursuance of the formation of this Contract there is a transfer of staff to the Provider to which the Employment Regulations applies, then the Provider shall:

2.1.1 assume responsibility for the payment of all salaries and any other benefits of any transferring staff with effect from the date of the transfer of their employment to the Provider;

2.1.2 afford occupational pension rights to each of the transferring staff which comply with the requirements of the Transfer of Employment (Pension Protection) Regulations 2005;

2.1.3 pay and bear all associated costs which are connected with the provision to the transferring staff of pension rights which comply with sub-paragraph 2.1.2 of this paragraph 2, including (but not by way of limitation) the following costs:

(a) any actuarial fees which are incurred in assessing the merits and comparability of the Provider’s occupational pension scheme;

(b) any costs which are properly associated with the admission of the transferring staff to the Provider’s pension scheme, including (without limitation) the preparation of any requisite

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admission agreement, the employer’s contribution rate to the pension scheme in question and the costs of acquiring any necessary indemnity or bond;

(c) any costs which are associated with the inclusion in the Provider’s pension scheme of staff who are eligible to join the Local Government Pension Scheme, but who are not subject to the Employment Regulations transfer pursuant to the formation of this Contract;

(d) any related costs arising from either, changes to the Superannuation Act 1972, or the regulations made under such Act from time to time, which entail amendments to the operation of the Local Government Pension Scheme;

2.2 In circumstances where in pursuance of the formation of this Contract there is a transfer of staff to the Provider from the Council to which the Employment Regulations applies, then the Provider shall use its reasonable endeavours to ensure that the occupational pension rights of the staff in question are protected by either:

2.2.1 obtaining admitted body status under the Local Government Pension Scheme Regulations as from time to time in force, or;

2.2.2 providing a broadly comparable pension scheme for the staff in question with a different pension provider where such scheme has been certified by the Government Actuary as being broadly comparable with the pension benefits enjoyed by such staff immediately prior to the transfer of their employment to the Provider.

2.3 In circumstances where it is anticipated or apparent that there will be a transfer of staff to which the Employment Regulations applies (whether on the formation of this Contract, or immediately prior to the expiry or earlier termination of this Contract) then the Provider shall also be diligent and act in good faith to promptly carry out or facilitate any consultations with (without limitation) either, any relevant trade unions and/or elected employee representatives, or the transferring staff themselves, that are required by either, the Employment Regulations (i.e. Regulation 13 of the Employment

104

Regulations), or any other applicable enactment, or otherwise as a matter of law.

3 Application of the Employment Regulations on Termination or at the end of the Contract

3.1 The Contract envisages that, subsequent to the commencement of the provision of the Services, the identity of the provider of the Services (or any part of the Services) may change (whether as a result of termination of this Contract, or part, or otherwise) resulting in the Services or related services being undertaken by the Council or a Replacement Provider. Such change in the identity of the supplier of such services shall be a "Service Transfer". The Parties acknowledge that a Service Transfer will be a Relevant Transfer and in such event, the Council, or a Replacement Provider, would inherit liabilities in respect of the Transferring Employees. Accordingly, the Employment Regulations and/or the Acquired Rights Directive will apply.

4 Pre-Service Transfer Obligations

4.1 The Provider agrees, subject to compliance with the Data Protection Legislation that within 20 Working Days of the earliest of:

4.1.1 receipt of a notification from the Council of a Service Transfer or intended Service Transfer; or

4.1.2 receipt of the giving of notice of early termination of this Contract or any part thereof; or

4.1.3 the date which is12 months before the end of the Contract Period; or

4.1.4 receipt of a written request of the Council at any time (provided that the Council shall only be entitled to make one such request in any six month period),

it will provide the Provider's Provisional Staff List and the Staffing Information to the Council or, at the direction of the Council, to a Replacement Provider and it will provide an updated Provider's Provisional Staff List at such intervals as are reasonably requested by the Council.

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4.2 At least 14 Working Days prior to the Service Transfer Date, the Provider shall prepare (subject to compliance with Data Protection Legislation) and provide, or as appropriate procure that the Contractor Party shall prepare and provide, to the Council or, at the direction of the Council or the Replacement Provider, the Provider's Final Staff List, which shall be complete and accurate in all material respects. The Provider's Final Staff List shall identify which of the Provider Staff named are Transferring Employees. The provision of personal data regarding those individuals detailed on the Provider's Final Staff List is subject to the consent of such individuals (which the Provider shall use its reasonable endeavours to obtain) and being mindful that the final "Personalised List" can change up to the date of transfer or in the absence of such individual's approval, the Provider's Final Staff List being suitably anonymised so as to comply with Data Protection Legislation.

4.3 Subject to compliance with the Data Protection Legislation, the Council shall be permitted to use and disclose the Provider's Provisional Staff List, the Provider's Final Staff List and the Staffing Information for informing any tenderer or other prospective Replacement Provider for any services which are substantially the same type of services (or any part thereof) as the Services, provided that the Council imposes on such third party obligations of confidence that are no less onerous than the Council has to the Provider in relation to that information.

4.4 Upon reasonable request by the Council and subject to compliance with the Data Protection Legislation, the Provider shall provide, and shall procure that each Contractor Party shall provide, the Council or at the request of the Council, the Replacement Contractor, with access (on reasonable notice and during normal working hours) to such employment records as the Council reasonably requests and will allow the Council or the Replacement Contractor to have copies of any such documents.

4.5 The Provider warrants that the Provider's Provisional Staff List, the Provider's Final Staff List and the Staffing Information will be true and accurate in all material respects.

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4.6 From the date of the earliest event referred to in paragraphs 4.1.1 to 4.1.3 above, the Provider agrees that it will not, and agrees to procure that each Contractor Party will not, other than in the ordinary course of business, assign any person to the provision of the Service (or the relevant part) which is the subject of a Service Transfer who is not listed in the Provider's Provisional Staff List and will not, other than in the ordinary course of business, without the prior written consent of the Council (such consent not to be unreasonably withheld or delayed):

4.6.1 increase the total number of employees listed on the Provider's Provisional Staff List save for fulfilling assignments and projects previously scheduled and agreed;

4.6.2 make, propose or permit any material changes to the terms and conditions of employment of any employees listed on the Provider's Provisional Staff List;

4.6.3 increase the proportion of working time spent on the Services (or the relevant part) by any of the Provider’s Staff save for fulfilling assignments and projects previously scheduled and agreed;

4.6.4 introduce any new contractual or customary practice concerning the making of any lump sum payment on the termination of employment of any employees listed on the Provider's Provisional Staff List;

4.6.5 replace any Provider Staff listed on the Provider's Provisional Staff List or deploy any other person to perform the Services (or the relevant part) or terminate or give notice to terminate the employment or contracts of any persons on the Provider's Provisional Staff List save for:

(a) the execution of assigned operations as detailed in Paragraph 4.61 and 4.6.3; and/or

107

(b) replacing voluntary resignations or staff terminated by due disciplinary process to satisfy the fulfilment of previously agreed work streams provided that any replacement is employed on the same terms and conditions of employment as the person he/she replaces; and

4.6.6 the Provider will promptly notify or as appropriate will procure that the Contractor Party will promptly notify the Council or, at the direction of the Council, the Replacement Provider of any notice to terminate employment given by the Provider or any Contractor Party or received from any persons listed on the Provider's Provisional Staff List regardless of when such notice takes effect.

4.7 Within seven Working Days following the Service Transfer Date, the Provider will provide to the Council or any Replacement Provider, in respect of each person on the Provider's Final Staff List who is a Transferring Employee:

4.7.1 the most recent month's copy pay slip data;

4.7.2 details of cumulative pay for tax and pension purposes;

4.7.3 details of cumulative tax paid;

4.7.4 tax code;

4.7.5 details of any voluntary deductions from pay; and

4.7.6 bank/building society account details for payroll purposes.

5 The Provider’s Indemnity

5.1 In connection with a Relevant Transfer under paragraph 3 of this Schedule, the Parties agree that:

5.1.1 the Provider will, and shall procure that any Contractor Party will, perform and discharge all its obligations in respect of all the Transferring Employees and their representatives for its own account up to and including the Service Transfer Date. The Provider will

108

indemnify the Council and any Replacement Provider against all Employee Liabilities arising from the Provider's, or any Contractor Party's, failure to perform and discharge any such obligation and against any Employee Liabilities in respect of the Transferring Employees arising from or as a result of:

(a) any act or omission by the Provider or any Contractor Party occurring on or before the Service Transfer Date or any other matter, event or circumstance occurring or having its origin before the Service Transfer Date save simply for accrual of service before that date;

(b) all and any Employee Liabilities in respect of all emoluments and outgoings in relation to the Transferring Employees (including without limitation all wages, bonuses, PAYE, national insurance contributions, pension contributions and otherwise) payable in respect of any period on or before the Service Transfer Date;

(c) any claim arising out of the provision of, or proposal by the Provider or any Contractor Party to offer any change to any benefit, term or condition or working condition of any Transferring Employee arising on or before the Service Transfer Date;

(d) any claim made by or in respect of any person employed or formerly employed by the Provider or any Contractor Party other than a Transferring Employee for which it is alleged the Council or any Replacement Provider may be liable by virtue of this Service Contract and/or the Employment Regulations;

5.1.2 the Provider will indemnify the Council and any Replacement Provider against all Employee Liabilities arising from:

(a) any act or omission of the Contractor or any Contractor Party in relation to its obligations under Regulation 13 of the Employment Regulations, or in respect of an award of compensation under Regulation 15 of the Employment Regulations except to the extent that the liability arises from the Council’s or a Replacement Provider's failure to comply

109

with Regulation 13(4) of the Employment Regulations; and

(b) any statement communicated to or action done by the Provider or any Contractor Party to, or in respect of, any Transferring Employee on or before the Service Transfer Date regarding the Service Transfer which has not been agreed in advance with the Council in writing subject to the timely availability of the Council, the Provider or Contractor Party to verify, amend or negotiate the content of such statements.

5.2 The Provider will indemnify the Council and any Replacement Provider in respect of any Employee Liabilities arising from any act or omission of the Provider or any Contractor Party in relation to any other Provider Staff who is not a Transferring Employee during any period whether before, on or after the Service Transfer Date.

5.3 If any person who is not a Transferring Employee claims or it is determined that his contract of employment has been transferred from the Provider or any Contractor Party to the Council, or a Replacement Provider pursuant to a Relevant Transfer, or claims that his employment would have so transferred had he not resigned, then:

5.3.1 the Council or the Replacement Provider will, within [seven] Working Days of becoming aware of that fact, give notice in writing to the Provider;

5.3.2 the Provider may offer (or may procure that a Contractor Party may offer) employment to such person within twenty-one (21) Working Days of the notification by the Council or the Replacement Provider;

5.3.3 if such offer of employment is accepted, the council or the Replacement Provider shall immediately release the person from his employment;

5.3.4 if after that period has elapsed, no such offer of employment has been made or such offer has been made but not accepted, the Council or the Replacement Provider may within [seven] Working Days give notice to terminate the employment of such person;

5.3.5 subject to the Council or the Replacement Provider acting in this way 110

or in such other way as may be agreed between the Provider and the Council or the Replacement Provider, the Provider will indemnify the Council and the Replacement Provider against:

(a) all Employment Liabilities arising out of such termination or otherwise arising out of the employment of such person by the Council or a Replacement Provider; and/or

(b) any direct employment costs (if any) associated with the employment of such person by the Council or the Replacement Provider up to the date of termination of such persons employment.

5.3.6 If such person is neither re-employed by the Provider or any Contractor Party nor dismissed by the Council or the Replacement Provider within the time scales set out in this paragraph 5.3, such person will be treated as a Transferring Employee.

6 The Council's Indemnities

6.1 The Council shall indemnify the Provider and any Contractor Party against all Employee Liabilities arising from the Council's or the Replacement Provider's failure to perform and discharge any obligation and against any Employee Liabilities in respect of the Transferring Employee arising from or as a result of:

6.1.1 any act or omission by the Council or the Replacement Provider relating to a Transferring Employee occurring on or after the Service Transfer Date;

6.1.2 all and any Employee Liabilities in respect of all emoluments and outgoings in relation to the Transferring Employees (including without limitation all wages, bonuses, PAYE, national insurance contributions, pension contribution and otherwise) payable after the Service Transfer Date;

6.1.3 any claim arising out of the provision of, or proposal by the Council or any Replacement Provider to offer any change to any benefit, term or condition or working condition of any Transferring Employee arising after the Service Transfer Date;

111

any failure by the Council or any Replacement Provider to comply with the obligations imposed on a transferee by Regulation 10(3) of the Employment Regulations in respect of the transfer of any Transferring Employees on the Service Transfer Date except to the extent such failure is caused by or related to an act or omission of the Provider or any Contractor Party.

7 Mutual Obligations

7.1 The Parties shall co-operate to ensure that any requirement to inform and consult with the employees and or employee representatives in relation to a Relevant Transfer will be fulfilled.

7.2 The Council will assume (or will procure that the Replacement Provider, as the case may be, will assume) the outstanding obligations of the Provider and any Contractor Party in relation to the Transferring Employees in respect of accrued holiday entitlements and accrued holiday remuneration to the Service Transfer Date. In consideration, the Provider will or will procure that any Contractor Party will pay to the Council (or the Replacement Provider as the case may be) within fourteen (14) days of the Service Transfer Date the full amount necessary to enable the Council or the Replacement Provider to meet the cost of providing any such untaken holiday entitlements and remuneration as at the Service Transfer Date. The Council or the Replacement Provider, as the case may be, will reimburse the Provider and any Contractor Party any amount paid by the Provider or the Contractor Party before the Service Transfer Date in respect of holidays taken in excess of any Transferring Employee's entitlement to paid holiday in respect of the period ending on the Service Transfer Date.

8 Third Party Rights

8.1 The parties agree that the Contracts (Right of Third Parties) Act 1999 ("CRiTPA") shall apply to paragraphs 5, 6, 7 and 10 of this Schedule 5 to the extent necessary that any Replacement Provider and Contractor Party shall have the right to enforce the obligations owed to, and indemnities given to, the Replacement Provider by the Provider or the Council to the Contractor Party under those paragraphs 5, 6, 7 and 10 in its own right pursuant to clause 1(1) of CRiTPA.

9 Provisions Where Transfer Regulations Do Not Apply112

9.1 The following provisions shall apply in the event of a Service Transfer to which the Employment Regulations or the Acquired Rights Directive do not apply:

9.1.1 the Council or the Replacement Provider can, in its discretion, make to any of the employees listed on the Provider's Provisional Staff List or any Provider Staff assigned to the Services an offer, in writing, to employ that employee under a new contract of employment to take effect on the day after the termination referred to in paragraph 9.1.2 below of this Schedule or at the earliest reasonable opportunity;

9.1.2 when the offer has been made by the Council or Replacement Provider and accepted by any employee or worker, the Provider shall, and shall procure that any Contractor Party shall, permit the employee or worker to leave its employment, as soon as practicable depending on the business needs of the Provider, which could be without the employee or worker having worked his full notice period, if the employee so requests and where operational obligations allow;

9.1.3 if the employee does not accept an offer of employment made by the Council or Replacement Provider, the employee shall remain employed by the Provider (or the Contractor Party, as the case may be) and all Employee Liabilities in relation to the employee shall remain with the Provider or the relevant Contractor Party;

9.1.4 if the Council or the Replacement Provider does not make an offer to any employee on the Provider's Provisional Staff List or any Provider Staff, then that employee and all Employee Liabilities in relation to that employee remains with the Provider or relevant Contractor Party.

10 Conduct Of Claims

10.1 This paragraph 10 shall apply to the conduct, by a party from whom an indemnity is sought under this schedule, of claims made by a third person against a party having (or claiming to have) the benefit of the indemnity. The party having, or claiming to have, the benefit of the indemnity is referred to as the "Beneficiary" and the party giving the indemnity is referred to as the "Indemnifier".

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10.2 If the Beneficiary receives any notice, demand, letter or other document concerning any claim for which it appears that the Beneficiary is, or may become entitled to, indemnification under this schedule ("Claim"), the Beneficiary shall given notice to the Indemnifier as soon as reasonably practicable and in any event within 10 Working Days of receipt of the same.

10.3 Subject to paragraphs 10.4 and 10.5, on the giving of a notice by the Beneficiary pursuant to paragraph 10.2 above, where it appears that the Beneficiary is or may be entitled to indemnification from the Indemnifier in respect of all (but not part only) of the liability arising out of the Claim, the Indemnifier shall (subject to providing the Beneficiary with a secured indemnity to its reasonable satisfaction against all costs and expenses that it may incur by reason of such action) be entitled to dispute the Claim in the name of the Beneficiary at the Indemnified own expense and take conduct of any defence, dispute, compromise or appeal of the Claim and of any incidental negotiations relating to the Claim. If the Indemnifier does elect to conduct the Claim, the Beneficiary shall give the Indemnifier all reasonable co-operation, access and assistance for the purposes of such Claim and, subject to paragraph 10.5 below, the Beneficiary shall not make any admission which could be prejudicial to the defence or settlement of the Claim without the prior written consent of the Indemnifier.

10.4 With respect to any Claim conducted by the Indemnifier pursuant to paragraph 10.3 above:

10.4.1 the Indemnifier shall keep the Beneficiary fully informed and consult with it about material elements of the conduct of the Claim;

10.4.2 the Indemnifier shall not bring the name of the Beneficiary into disrepute;

10.4.3 the Indemnifier shall not pay or settle such Claim without the prior written consent of the Beneficiary, such consent not to be unreasonably withheld or delayed; and

10.4.4 the Indemnifier shall conduct the Claim with all due diligence.

10.5 The Beneficiary shall be entitled to have conduct of the Claim and shall be free to pay or settle any Claim on such terms as it thinks fit and without prejudice to its rights and remedies under this Contract if:

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10.5.1 the Indemnifier is not entitled to take conduct of the Claim in accordance with paragraph 10.3 above;

10.5.2 the Indemnifier fails to notify the Beneficiary of its intention to take conduct of the relevant Claim within ten (10) Working Days of the notice from the Beneficiary under paragraph 10.2 above or if the Indemnifier notifies the Beneficiary that it does not intend to take conduct of the Claim; or

10.5.3 the Indemnifier fails to comply in any material respect with the provisions of paragraph 10.4 above.

Sensitive claims

10.6 With respect to any Claim for which the Council or the Provider or the Contractor Party are the Beneficiary and the conduct of which the Council or Provider acting reasonably, considers is likely to have an adverse impact on the general public's perception of the Council or the Provider or the Contractor Party ("Sensitive Claim"), the Indemnifier shall only be entitled to take conduct of any defence, dispute, compromise or appeal of the Sensitive Claim with the Beneficiary's prior written consent. If the Beneficiary withholds such consent and elects to conduct the defence, dispute, compromise or appeal of the Sensitive Claim itself, it shall conduct the Sensitive Claim with all due diligence and if any failure to do so results in an increase in the amount recoverable by the Beneficiary in respect of an indemnity under this Contract, the Indemnifier shall only be liable to indemnify the Beneficiary in respect of that amount which would have been recoverable by the Beneficiary had it conducted the Sensitive Claim with all due diligence.

10.7 The Beneficiary shall be free at any time to give written notice to the Indemnifier that it is retaining or taking over (as the case may be) the conduct of any Claim, to which paragraph 10.3 above applies notwithstanding that it does not have the right to do so pursuant to paragraph 10.3 if, in the reasonable opinion of the Beneficiary the Claim is, or has become, a Sensitive Claim. In such cases, the provisions of paragraph 10.6 above shall apply.

Recovery of sums

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10.8 If the Indemnifier pays to the Beneficiary an amount in respect of an indemnity and the Beneficiary subsequently recovers (whether by payment, discount, credit, saving, relief or other benefit or otherwise) a sum which is directly referable to the fact, matter, event or circumstances giving rise to the Claim, the Beneficiary shall forthwith repay to the Indemnifier whichever is the lesser of:

10.8.1 an amount equal to the sum recovered (or the value of the discount, credit, saving, relief, other benefit or amount otherwise obtained) less any out-of-pocket costs and expenses properly incurred by the Beneficiary in recovering or obtaining the same; and

10.8.2 the amount paid to the Beneficiary by the Indemnifier in respect of the Claim under the relevant indemnity,

provided that there shall be no obligation on the Beneficiary to pursue such recovery and that the Indemnifier is repaid only to the extent that the amount of such recovery aggregated with any sum recovered from the Indemnifier exceeds any loss sustained by the Beneficiary (including for this purpose any indirect Losses sustained by the Beneficiary which may be excluded by this Contract from being recovered from the Indemnifier).

Insurance

10.9 Any person taking any of the steps contemplated by paragraphs 10.2 to 10.6 shall comply with the requirements of any insurer who may have an obligation to provide an indemnity in respect of any liability arising under this Contract.

Mitigation

10.10 Each of the Council and the Provider shall at all times take all reasonable steps to minimise and mitigate any loss for which the relevant party is entitled to bring a claim against the other party pursuant to the indemnities in this schedule.

Taxation

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10.11 If any payment by one party under an indemnity in this Contract is subject to income tax or corporation tax (or any tax replacing either or both of them) in the hands of the recipient (or a withholding made by the paying party in respect of tax), the recipient may demand in writing to the party making the payment that the payment shall be increased by such amount as would ensure that, after taking into account any such tax payable in respect of such additional amount, the recipient receives and retains a net sum equal to the amount it would have otherwise received had the payment not been subject to such tax or withholding.

PART B – TENDERER’S TENDER DOCUMENT

1. Potential Providers are asked to make their responses to the Authority’s requirements by completing the following 4 sections numbered 4 – 8.

2. To assist Potential Providers a checklist for a complete response is provided at the end of this tender document (see Section 9).

3. Potential Providers should complete this tender document, and insert it at the beginning of their tender submission where it can be easily found and identified.

4. Potential Providers should cross reference any other documents submitted with their tender to the applicable section in this tender document so that it is easy for the evaluation team to identify the Potential Providers full response to each requirement.

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SECTION 4 – Form of Tender

UNCONDITIONAL AND IRREVOCABLE OFFER TO GLOUCESTERSHIRE COUNTY COUNCIL

Re: Invitation to Tender dated 3rd July 2012 for the provision to deliver a community resource for children pre-birth to five years and their families, in Gloucestershire

To: Gloucestershire County CouncilCommissioning TeamBlock 4, Floor 2, The BridgeShire HallWestgate StreetGloucesterGL12TP

Having read carefully the Invitation to Tender and in consideration of you considering this tender:

1. We offer to perform the Services specified and to complete the contract in accordance with the Contract Documents and our tender.

2. We confirm that if our tender is accepted we will, upon demand;

produce evidence that all relevant insurances and compliance certificates with relevant legislation and policy are held and in force.

sign formal contract documentation if required.

3. We agree that this tender shall constitute an irrecoverable, unconditional offer which may not be withdrawn for a period of 90 days from this date.

4. We are a subsidiary company within the meaning of Section 736 of the Companies Act 1985 and enclose a Parent Company Guarantee undertaking in the form set out in Section 7 duly completed by our ultimate holding company. (Delete if not applicable).

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Unless and until a formal agreement is prepared and executed this tender, together with your written acceptance thereof, shall constitute a binding contract between us.

We understand that the Authority is not bound to accept any tender it receives.

Company*

(1) Signature (2) Signature………………………………………………………. ……………………………………………….

Name Name………………………………………………………. ……………………………………………….

(Director) (Director / Company Secretary)

For and on behalf of ………………………………………………………………………………(print Company’s full name and registered number)

Registered Address ………………………………………………………………………………

DATE ……………………………………………………………………………..

Sole Principal / Partnership*

(1) Signature (2) Signature………………………………………………………. ……………………………………………….

Name Name………………………………………………………. ……………………………………………….

Job Description Job Description………………………………………………………. ……………………………………………….

For and on behalf of ………………………………………………………………………………(print Company’s full name)

Business Address ………………………………………………………………………………

DATE ……………………………………………………………………………..

Delete as appropriate

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SECTION 5 – Tendering Certificate

To: GLOUCESTERSHIRE COUNTY COUNCIL (“the Authority”)

I/We certify that this is a bona fide tender, intended to be competitive and that I/We have not (either personally or by anyone acting on my/our behalf)

1. Fixed the amount of the tender (or the rate and process quoted) by agreement with any person.

2. Communicated to anyone other than the Authority the amount or approximate amount or terms of my/our proposed tender (other than in confidence in order to obtain quotations, professional advice or insurance necessary for the preparation of the tender).

3. Entered into any agreement or arrangement with any other person that s/he will refrain from tendering or as to the amount or terms of any tender to be submitted by him/her.

4. Canvassed or solicited any member, officer or other employee of the Authority in connection with the award of this or any other Authority contract or tender.

5. Offered, given or agreed to give any inducement or reward in respect of this or any other Authority contract or tender.

SIGNED* (1) ……………………………………………………

Status ……………………………………………………

SIGNED* (2) ……………………………………………………

Status ……………………………………………………

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For and on behalf of ……………………………………………………

Date: ……………………………………………………

*Note: to be signed by the same signatories as the Form of Tender

SECTION 6 – Guarantee Undertaking

(To be completed if the Potential Provider is a subsidiary company)

FORM OF PARENT COMPANY GUARANTEE

DATED____________________2012

…………………………………….. (1)

-AND-

GLOUCESTERSHIRE COUNTY COUNCIL (2)

________________________________

FORM OF GUARANTEE________________________________

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RE: THE AGREEMENT FOR THE PROVISION

To deliver a community resource for children pre-birth to five years and their families, in Gloucestershire

FORM OF PARENT COMPANY GUARANTEE

THIS DEED is made the day of 2012

BETWEEN:-

(1)(“the Guarantor”) of ; and

(2) GLOUCESTERSHIRE COUNTY COUNCIL of(“the Council”)

WHEREAS

(A) The Council and (Tenderer) (“the Contractor”) have entered into a binding Contract dated (INSERT DATE) (“the Contract) whereby the Contractor will provide the Services set out in the Contract and upon the terms and conditions contained therein.

(B) The Contractor is a subsidiary company of the Guarantor.

(C)Pursuant to a DEED of Undertaking given by the Guarantor to the Council on INSERT DATE 2012 the Guarantor has agreed to enter into a Deed of Guarantee and Indemnity on the following terms and conditions:-

NOW THERFORE:-

(1) The Guarantor hereby unconditionally and irrevocably guarantees to the Council

(a) due and prompt performance by the Contractor of all and any obligations under or arising from the Contract;

(b) that if any sums are due and payable to the Council by the Contractor pursuant to the terms of the Contract and there is any default in any payment of such sum the Guarantor shall forthwith on first demand by

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the Council unconditionally pay to the Council in full the monies which are due and payable to it and unpaid by the Contractor; and

(c) to pay all costs and expenses which the Council may incur in enforcing this Guarantee.

(2) The Guarantor herby unconditionally and irrevocably undertakes fully and properly to indemnify the Council against all damages, claims, losses, demands liabilities and expenses which may be suffered or incurred by the Council by reason of any default on the part of the Contractor in performing and observing the terms and conditions of the Contract and in particular such costs and expenses as may be incurred as a result of a third party providing all or any part of the Services (as defined in the Contract) by reason of a failure by the Contractor to provide such Services in accordance with the terms of the Contract.

3) The Guarantor shall not be discharged or released from this guarantee and indemnity nor shall its liability under this guarantee and indemnity be affected or impaired by any agreement, conduct or forbearance between or afforded to the Contractor or any assignee by the Council or by any alterations in the obligations imposed by the Contract or by any variations agreed to the Contract or by termination of the Contract or by any intermediate payment or satisfaction made by the Contractor or any assignee, whether or not such matters are with or without the consent of the Guarantor. The Council shall not be obliged to request payment from the Contractor before enforcing the terms of this guarantee and indemnity and the Guarantor shall be treated in all respects as being jointly and severally liable with the Contractor for all liabilities, obligations and undertaking of the Contractor as provided in the Contract.

(4) This guarantee and indemnity shall remain in full force and effect until all monies and liabilities now or hereafter due and owing or incurred by the Contractor to the Council have been satisfied in full.

(5) If any monies shall become payable under or in respect of this guarantee and indemnity the Guarantor shall not, so long as any monies due and payable by the Contractor to the Council under the terms of the Contract remain unpaid:-

(a) in respect of the amounts paid by the Guarantor under this guarantee and indemnity seek to enforce repayment by subrogation or otherwise;

(b) in the event of the insolvency, winding up, liquidation or dissolution of the Contractor prove in competition with the Council in respect of any monies owing to the Guarantor by the Contractor on any account whatsoever but will give to the Council the benefit of any such proof and of all monies to be so received in respect thereof.

(6) All demands made by the Council under this guarantee and indemnity shall be sent to the Guarantor at the address set out above or such other address

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as may be notified by the Guarantor to the Council. Such demand shall be deemed to have been made and received by the Guarantor:-

(a) if delivered by hand, at the time of delivery;

(b) If sent by mail on the next business day after the date of posting;

(c) If sent by fax, at the time of transmission; and

(d) If sent by telex at the time the Guarantor's telex machine acknowledges receipt.

(7) No failure to exercise and no delay in exercising on the part of the Council any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any right, power or privilege. The rights and remedies provided herein are cumulative and not exclusive of any right or remedies provided by law.

(8) The Guarantor hereby warrants and represents to the Council that it has full power and authority to enter into and perform its obligations under this guarantee and indemnity.

(9) This guarantee and indemnity may not be terminated by the Guarantor while any obligations under it remain in effect and it shall be binding upon the Guarantor's successors in title.

(10) This guarantee and indemnity shall remain in full force and effect notwithstanding any change in the constitution of the Guarantor, the Contractor or the Council.

(11) The Guarantor hereby irrevocably appoints its Company Secretary as its authorised agent for the purpose of accepting service of process for all purposes in connection with this guarantee and indemnity.

(12) This guarantee and indemnity shall be governed by the construed in all respects in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English Courts as regards any claim or matter arising in relation to this guarantee and indemnity.

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(13) For the avoidance of doubt the decision of a court or tribunal of competent jurisdiction or any agreement reached between the Contractor and the Council or any admission by the Contractor shall be binding on the Guarantor and shall prove the default, breach of contract, or neglect in connection with the Contract on the part of the Contractor which is the subject matter of any such decision, agreement or admission.

DATED this day of2012

WITNESS whereof the Guarantor has hereunto sets it seal on the date set out above.

THE COMMON SEAL OF )  )was hereunto affixed in the )presence of: )

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SECTION 7 – Supporting Documents

(These will form part of the Contract Terms and Conditions)

A response for each separate locality is required for up to four localities per Potential Provider see section 2 -1.2

To enable the Authority to assess your company's suitability to become a prospective contractor, it requires all the information outlined in this submission form.

The questionnaire must be completed even if your company has previously submitted an application form to this Authority, cross-referencing is not sufficient.

All responses and submissions by the Potential Provider will form part of the contract should the applicant subsequently be successful.

The Authority intends to accept tenders for the whole of the locality and its services .

The applicant is the organisation which it is proposed will enter into a formal contract with the Authority if awarded the contract.

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The following criteria will be applied within the Business Questionnaire section:

A FAIL ON ANY ELEMENT OF THIS BUSINESS QUESTIONNAIRE WILL RENDER AN AUTOMATIC REJECTION OF THE POTENTIAL PROVIDER’S TENDER

Selection (Qualifying) Criteria AssessmentFinancial Stability

Please complete the financial authorisation form and provide three years of audited accounts. We will undertake an analysis of the successful provider’s accounts.

Pass / Fail

I Insurance Cover Potential Providers must have the minimum levels of Insurance cover as indicated within this document, or provide evidence of their willingness to obtain the required cover, should they be successful (a letter from an insurance company/broker confirming an inquiry to increase their cover along these lines would be deemed acceptable)

Pass / Fail

Workforce Matters

Failure to observe the requirements of any race relations or other equal opportunities legislation is regarded by the Authority as grave professional misconduct in the course of a business or profession.

Pass / Fail

Health & Safety Legislation

This area needs to be completed in full to ensure you are compliant with relevant legislation.

Pass / Fail

Environmental Matters

This area needs to be completed in full to ensure you are compliant with relevant legislation.

Pass / Fail

Safeguarding This area needs to be completed in full to ensure you are compliant with relevant legislation.

Pass / Fail

IT Management Systems

This area needs to be completed in full to ensure you are compliant with relevant legislation.

Pass / Fail

Convictions/Offences

Any candidate who has been convicted of any of the offences listed in Form B and Form C question will fail.

Pass / Fail

Compliance of bid with tendering procedure

Candidates must submit a fully compliant tender complete with signed declaration and tendering certificate. A bid that is not fully compliant, or without the declaration certificates appropriately signed will fail

Pass / Fail

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Provider SubmissionBusiness Questionnaire – Method StatementsFORM A: ORGANISATION AND CONTACT DETAILS

Name of locality being tendered for: __________________________________

Important notice:

Please answer the following questions: This section is not scored but ALL questions must be answered and any relevant supporting information requested should be included.

1 APPLICANT DETAILS1.1 Registered Name and Address, (or of organisation acting as lead contact

where a consortium bid is being submitted).

1.2 Address for correspondence relating to this application

Telephone number:Fax Number:Email:

1.3 Details of the person who completed the formName:Position:Telephone number:Fax number:Email:

2 STATUS OF APPLICANT2.1 Is the applicant:

(a) A sole trader? Yes/No(b) A partnership? Yes/No(c) A limited company? Yes/No(d) A public limited company? Yes/No(e) A local authority? Yes/No(f) A limited liability partnership Yes/No(g) A charity?

Trading as a company?ORNumber of trustees if not a company?

Yes/No

(h) Other – please specify Yes/No2.2 Date of information or registration:2.3 Registration number (if any) and registered address;

2.4 Are you applying to be considered for inclusion on the selected Yes/No

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tender list under a different name?

2.5 If yes, please list the name(s) of the other trading company(ies)

2.6 Please give full details of any convictions referred to in Form B & C below or provide confirmation supported by any related evidence (a certificate signed by company secretary or partner will suffice) that the applicant, its directors or any other person referred to in that paragraph has not been convicted of any such offence.

Please provide confirmation supported by any relevant evidence (a certificate signed by the company secretary will suffice) that none of the exclusionary conditions in paragraph Form B or Form C apply.

2.7 If your organisation is not a corporate body, please list the full names of partners or principal participants.

2.8 a) Please list below any parent, subsidiary or associated companies.

b) Please confirm that a guarantee as to the performance of the Contract can be provided by the parent company or other bond for example Performance Bonds. If a parent company please provide full accounts.

3 DETAILS OF HOLDING / PARENT COMPANY 3.1 Is the applicant a subsidiary of another company as defined

by Section 736 (1) of the Companies Act 1985?Yes/No

3.2 If ‘yes’ give the following details in respect of the Holding Parent company:Name:

Registered office address:

Registration Number:

Note: The Council may require the Holding Parent Company to enter into a Deed of Guarantee, where a contract is proposed with a subsidiary, to indemnify the Council against, all losses, damages or costs which may be incurred by the Council by reason of any default on the part of the applicant.

4 Consortia and Sub-Contracting4.1 (a) Your organisation is bidding to provide the services

required itselfYes/No

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(b) Your organisation is bidding in the role of Prime Contractor and intends to use third parties to provide some services

Yes/No

(c) The Potential Provider is a consortium Yes/No

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FORM B – GROUNDS FOR MANDATORY REJECTION METHOD STATEMENTS

The Authority is entitled to exclude you from consideration if any of the following apply but may decide to allow you to proceed further. If you cannot answer ‘no’ to every question it is possible that your application might not be accepted. In the event that any of the following do apply, please set out (in a separate Annex) full details of the relevant incident and any remedial action taken subsequently. The information provided will be taken into account by the Authority in considering whether or not you will be able to proceed any further in respect of this procurement exercise:

1 Reg. 23 states – Criteria for the rejection of economic operators Answer1.1 Has your organisation or any directors and partners or any

other person who has powers of representation, decision or control been convicted of any of the following offences?a) conspiracy within the meaning of Section 1 of the Criminal

Law Act 1977 where that conspiracy relates to participation in a criminal organisation as defined in Article 2 (1) of Council Joint Action 98/733JHA ( as amended);

Yes/No

b) corruption within the meaning of Section 1 of the Public Bodies Corrupt Practices Act 1889 or Section1 of the Prevention of Corruption Act 1906 (as amended);

Yes/No

c) the offence of bribery; Yes/Nod) fraud, where the offence relates to fraud affecting the

financial interests of the European Communities as defined by Article 1 of the Convention relating to the protection of the financial interests of the European Union, within the meaning of:(i) the offence of cheating the Revenue;(ii) the offence of conspiracy to defraud;(iii) fraud or theft within the meaning of the Theft Act 1968 and the Theft Act 1978;(iv) fraudulent trading within the meaning of Section 458 of the Companies Act 1985 or Section 993 of the Companies Act 2006;(v) defrauding the Customs within the meaning of the Customs and Excise Management Act 1979 and the Value Added Tax Act 1994;(vi) an offence in connection with taxation in the European Community within the meaning of Section 71 of the criminal Justice Act 1993; or(vii) destroying, defacing or concealing of documents or procuring the extension of a valuable security within the meaning of Section 20 of the Theft Act 1968;

Yes/No

Yes/NoYes/No

Yes/No

Yes/No

Yes/No

Yes/No

Yes/No

e) money laundering within the meaning of the Money Laundering Regulations 2003 or Money Laundering Regulations 2007; or

Yes/No

f) any other offence within the meaning of Article 45(1) of Directive 2004/18/EC as defined by the national law of any relevant State.

Yes/No

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FORM C: GROUNDS FOR DISCRETIONARY REJECTION METHOD STATEMENTS

The Authority is entitled to exclude you from consideration if any of the following apply but may decide to allow you to proceed further. If you cannot answer ‘no’ to every question it is possible that your application might not be accepted. In the event that any of the following questions do apply, please set out (in a separate Annex) full details of the relevant incident and any remedial action taken subsequently. The information provided will be taken into action by the Authority in considering whether or not you will be able to proceed any further in respect of this procurement exercise.

1 Reg. 23 states – Criteria for the rejection of economic operators Answer

1.1 Is any of the following true of your organisation? a) being an individual

is bankrupt or has had a receiving order or administration order bankruptcy restrictions made against him or has made any composition or arrangement with or for the benefit of his creditors or has not made any conveyance or assignment for the benefit of his creditors or appears unable to pay or have no reasonable prospect of being able to pay, a debt within the meaning of Section 268 of the Insolvency Act 1986, or article 242 of the Insolvency (Northern Ireland) Order 1989, or in Scotland has granted a trust deed for creditors or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of his estate, or is the subject of any similar procedure under the law of any other State;

Yes/No

b) being a partnership constituted under Scots lawhas granted a trust deed or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of its estate; or

Yes/No

c) being a company or any other entity within the meaning of section 255 of the Enterprise Act 2002has passed a resolution or is subject of an order by the court for the company’s winding up otherwise than for the purpose of bona fide reconstruction or amalgamation, or had a receiver, manager or administrator on behalf of a creditor appointed in respect of the company’s business or any part thereof or is the subject of similar procedures under the law of any other state?

Yes/No

1.2 Has your organisation?a) been convicted of a criminal offence relating to the conduct of

your business or profession;Yes/No

b) committed an act of grave misconduct in the course of your business or profession;

Yes/No

c) failed to fulfil obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the relevant State in which you are established.

Yes/No

d) failed to fulfil obligations relating to the payment of taxes under the law of any part of the United Kingdom or of any relevant

Yes/No

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State in which you are established; ore) been guilty of serious misrepresentation in providing any

information required of you under regulation 23 of the Public Contracts Regulations 2006?

Yes/No

Note to User: Please insert any specific criminal offences or misconduct which may be appropriate to draw Potential Providers attention to having regard to the specific sector or circumstances of this procurement. (i.e. any offences or misconduct particularly relevant or prevalent in the sector)

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FORM D: ECONOMIC AND FINANCIAL STANDING REGULATION 24 METHOD STATEMENTS

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1 FINANCIAL MATTERS This section will be evaluated on a pass/fail basis

1.1 The Authority will require as part of the evaluation process a reference from each applicant’s bankers as to the company’s suitability to undertake a contract of this size and nature.

Please complete the Financial Reference Authorisation form on the following page ensuring that you have entered all the information. This must be signed by a director of your company who has the authority to do so and whose signature is acceptable to your bankers. The Form must then be returned as a paper copy to

Liz GilesCommissioning Officer Commissioning Team Gloucestershire County Council2nd Floor, The Bridge, Block 4Shire HallGloucesterGL1 2TP

Please do not send a photocopy. The duly completed form will be sent by the Council to obtain references from them.

Note: Banks are unwilling to supply references without this authority. Failure to provide such an authorisation may mean that the Authority will be unable to consider your application further. Please ensure you have alerted your bank that such a request will be forthcoming from the Authority to ensure it is returned in a timely manner.

1.2 Please SupplyA copy of your audited accounts covering the last three years

Or

A statement of your turnover, profit and loss account and cash flow for the last three years of trading.

1.3 Would you be prepared to offer a parent company guarantee in the event that you did not meet our financial requirements?’

Yes/No

1.4 If your parent company is providing a guarantee please provide the last three years available accounts.

2 INSURANCEThis section will be evaluated on a pass/fail basis

2.1 Please provide details of all insurance cover currently in force. If your company’s tender is successful, adequate insurance cover will be required. The winning bidder will be required to provide evidence within 10 days of award of contract. The levels are indicated below. If your current insurance is insufficient, please enclose a copy of a quotation from your insurance company indication that the increased cover will be available should you be awarded the contract.

Please complete details and indicate the level of cover you have including details of the issuing company, policy number, cover provided and renewal date (and

provide confirmation from your broker)Company Insurer Policy No. Cover £ Renewal

DateEmployer’s Liability min £5,000,000Public Liability min £5,000,000Professional Indemnity min £2,000,000

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Financial Reference Authorisation

Name of Company

Company Address(As recorded with Bank)

Phone Fax

FORM OF CONSENT

I/We

consent to

Bank providing an initial

financial reference on us, and subsequently to provide references as and when requested

by Gloucestershire County Council.

I/We accept that any charges levied by the bank for the provision of such details are to

be charged direct to my/our account.

Signed

(as per bank mandate). Date

Name (print) Position

for and on behalf of

Bank Address:

Sort code

Account No

Please return to: (Officer)

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FORM E – TECHNICAL AND PROFESSIONAL ABILITY REGULATION 24 METHOD STATEMENTS

1 HEALTH AND SAFETY LEGISLATIONThis section will be evaluated on a pass/fail basis

1.1 Please state the name and position of the person with overall responsibility for health and Safety in your organisation together with details of experience and any relevant qualifications.NamePosition in OrganisationExperienceQualifications

1.2 Please state the name and position of the person (if different from above) appointed to provide health & safety advice as required by Regulation 7 of the Management of Health & Safety Regulations 1999, together with details of experience and any relevant qualifications.NamePosition in OrganisationExperienceQualifications

1.3 Does your organisation have a health and safety policy (covering general policy, organisation and arrangement) as required by section 2 (3) of the Health and Safety at Work etc 1974 and issue any codes of safe working practices to workforce?

You will be required to provide a copy of your Health & Safety policy 10 days of award of contract.

Yes/No

1.4 If your organisation does not have a written health & safety policy please give the reason why.

1.5 Please state how health & safety policies and procedures are communicated to your workforce and administered within your organisation?

1.6 Does your organisation have a procedure for the reporting and recording of accidents and dangerous occurrences in accordance with RIDDOR.

You will be required to provide a copy of your Health & Safety policy 10 days of award of contract.

Yes/No

1.7 If during the last five years, your organisation has been subject to formal enforcement (e.g. Prosecution, Prohibition Notice or Improvement Notice) for contravention of the Health and Safety at work etc Act 1074, or equivalent legislation arising from your conduct of activities similar to those covered by this contract, please provide full details and explain corrective action taken to prevent re-occurrence.

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1.8 Does your organisation have Risk Assessment Procedures in place for all work activities as required by the Management of Health and Safety at work Regulations 1999 and associated legislation?

Yes/No

1.9 Does your organisation have a health and safety training programme for your workforce to ensure that they are competent for their duties?

Yes/No

If the answer is yes, please enclose brief details of health and safety training course or programmes undertaken by managers and workforce.

1.10

Does your organisation have arrangements in place for consultation with workforce on health and safety matters?

Yes/No

1.11

Where appropriate, does your organisation undertake health monitoring of workforce?

Yes/No

If the answer is yes, please provide details.

1.12

If your organisation uses sub-contracting, do you have a system in place for assessing their competence and the ongoing monitoring and review of their Health and safety performance?

Yes/No

If the answer is yes, please provide details.

1.13

Do you have a system in place for monitoring your Health and safety arrangements including auditing them at periodic intervals and for reviewing them on an ongoing basis?

Yes/No

If the answer is yes, please provide details, including examples.

Name of Person completing this formPosition in OrganisationContact Telephone NoEmail AddressDateSignature

2 ENVIRONMENTAL ISSUESThis section will be evaluated on a pass/fail basis

2.1 The Council has adopted a positive stance with regard to the protection of the environment and regards environmentally

Yes/No

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sound approaches to service delivery as an aspect of quality assurance. Has your company an environmental policy?

Detailed below

2.2 Do your quality procedures take into account environmental matters? For example, special emphasis on recycling, the safe use of materials, conservation of energy resources etc, or list below any areas which you consider relevant to the protection of the environment in relation to the service which is the subject of this tender.

Yes /No

3 WORKFORCE MATTERSThis section will be evaluated on a pass/fail basis

Failure to observe the requirements of any race relations, or other equal opportunities legislation is regarded by the Council as grave professional misconduct in the course of a business profession.

PLEASE ANSWER 3.1 – 3.6 IN RESPECT OF YOUR OPERATIONS IN THE UNITED KINGDOM

3.1 Is it your policy as a employer to comply with your statutory obligations under:

The Race Relations Act 1976 Sex Discrimination Act 1975 Disability Discrimination Act 1995 The Employment Equality (Sexual Orientation)

regulations 2003 Age Discrimination Act 2006 Equality Act 2006

and, accordingly, your practice not to treat one group of people less favourably than others because of their colour, race, nationality, ethnic origin, gender, sexual orientation, age or disability in relation to decisions to recruit, train or promote employees?

Yes/NoYes/NoYes/NoYes/No

Yes/NoYes/No

3.2 In the last three years, has any finding of unlawful racial, gender or disability discrimination been made against your organisation by any court or industrial tribunal?

Yes/No

3.3 In the last three years has your organisation been subject of a formal investigation by the Commission for Racial Equality, the Equal Opportunities or Disability Commission in grounds of alleged unlawful discrimination?

Yes/No

3.4 If the answer to question 3.2 is in the affirmative or, in relation to question 3.3 the Commission made a finding adverse to your organisation, what

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steps did you take in consequence of that finding?

3.5 Is your equal opportunities policy (in particular for race, gender and disability) set out;

(a) in instructions to those concerned with recruitment training and promotion?(b) in documents available to employees, recognised trade unions or other representative groups of employees?(c) in recruitment advertisements or other literature?

Yes/NoYes/No

Yes/No

3.6 Do you observe as far as possible national codes of practice for equal opportunities in terms of race, gender and disability, including the Commission for Racial Equality’s Code of Practice in Employment, as approved by Parliament in 1983, which gives practical guidance to employers and other on the elimination of racial discrimination and the promotion of equality of opportunity in employment, including steps that can be taken to encourage members of the ethnic minorities to apply for jobs or take up training opportunities?

Yes/No

IF YOU ARE OPERATING OUTSIDE OF THE UK, PLEASE COMPLETE 3.7 TO 3.13 (you only need to answer these questions if you are not operating in the

UK):3.7 Is it your policy as an employer to comply with your statutory

obligations in force in the territories in which you operate concerning the treatment of people of:

different colour, race, nationality, ethnic origin gender or disability

in relation to decisions to recruit, train or promote employees?

Yes/NoYes/NoYes/No

3.8 In the last three years, has any finding of unlawful racial, gender or disability discrimination been made against your organisation by any court or tribunal?

Yes/No

3.9 In the last three years, has your organisation been the subject of a formal investigation by any state, regional or other authority concerned with the enforcement of the law concerning the treatment of people of different colour, race, nationality, ethnic origin, gender or disability?

Yes/No

3.10 If the answer to question 3.8 is in the affirmative, or in the relation to question 3.9 the relevant authority made a finding adverse to your organisation, what steps did you take in consequence of that finding?

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3.11 Is your equal opportunities policy, in particular for race, gender and disability set out?

(a) in instructions to those concerned with recruitment, training and promotion?(b) in documents available to employees, recognised trade unions or other representative groups of employees?(c) in recruitment advertisements or other literature?

Yes/No

Yes/No

Yes/No

3.12 Do you observe as far as possible any codes of practice published by the state, regional or other authorities which give practical guidance to employers and others on the elimination of racial, gender and disability discrimination and the promotion of equality of opportunity in employment, including steps that can be taken to encourage members of minority groups to apply for jobs or take up training opportunities?

Yes/No

3.13 a) How many staff including part-time staff do you regularly employ?b) How many staff would you use for this contract?c) How many technical, (if applicable and administrative staff would you employ on this contract?

Technical Administrative

d) How many temporary staff does your organisation employ?e) What number of staff hold qualifications relevant to the contract. Please state qualifications and enclose copies:

f) Please detail the rates of pay of staff employed:

g) Please give the address and telephone number of any offices that staff will work from:

FORM F – SECTION 11 (S11) REQUIREMENTS METHOD STATEMENTS141

(This section will be evaluated on a pass/fail basis)

Section 11 of the Children Act 2004, places a duty on key persons and bodies to make arrangements to ensure that in discharging their functions, they have regard to the need to safeguard and promote the welfare of Children and Young People.

Where a private, voluntary or independent organisation is commissioned to provide services on behalf of a statutory organisation, the agreement under which arrangements are made should require that the private or voluntary organisation concerned takes this guidance into account in the provision of services.

There is a duty on the Authority and other statutory bodies to ensure that any organisation commissioned by them for the provision of services to children and young people or families are compliant with the standards as defined in S11 of the Children Act 2004. For those agencies registered with Ofsted, compliance with these S11 standards does not remove requirement to be compliant with standards as identified by Ofsted.

Guidance for Organisations

The Authority and Gloucestershire Safeguarding Children Board, (GSCB) recognises that voluntary, private and independent organisations come in all sizes. Support and advice in relation to compliance with any of these standards should be sought from your Contract Manager in the first instance. It is also recognised that organisations may show compliance in may different ways and types of evidence in the checklist is for your guidance.

Further information can be found on www.gscb.org.uk or look at Appendix 17 – The Safeguarding Standards

GSCB Requirements

Agencies must be compliant with the minimum standards (1, 5, 6, 8 and 11 as outlined in the checklist).

For new tenders agencies should be compliant by signature of the contract or within a specified time stated in the contract.

All contracts will be compliant with all standards by April 2013 (unless specified by the contract manager).

If the Authority’s contractors sub-contract some of the service, they must have in place arrangements to monitor the sub-contractor’s compliance with the S11 checklist. This is then checked as part of the Contract Manager’s review.

The self-assessment tool outlines an agreed set of criteria. Advice on how to meet these can be found in the attached guidance or on the GSCB website www.gscb.org.uk

Please complete the checklist provided using the ratings listed below. The RAG ratings is defined as:

- Red - no evidence of any level of compliance- Amber - partial or some evidence of compliance

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- Green - evidence of robust systems / processes are in place to all elements

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Section 11 Standard GSCB Minimum Requirement

Checklist Relevant NSPCC

Standard

Compliance Info Yes/No/NA

Standard 1

Senior Management commitment to the importance of safeguarding and promoting Children & Young People Welfare.

Agreed policy and procedures in place that include the names of nominates officers and their roles and responsibilities

1. Is there an up to date document in place which is consistent and compliant with the requirements outlined in associated guidance?

1

2. Is commitment to safeguarding explicitly reflected in strategic documents with the organisation?3. Is there a senior manager who has responsibility for safeguarding in the organisation?

Standard 2

A clear statement of the agency’s responsibilities towards Children & Young People is available for all staff.

Evidence that policy and procedures have been followed for individual cases.

4. Is there evidence of how staff are made aware of the safeguarding policy and any updates?

1

5. Are staff provided with a copy of the safeguarding policy and any additional guidance as part of their induction?6. Policies on risk assessment for lone working with children

Standard 3

Partner organisations / services have an accountability structure for work to safeguard and promote the welfare of Children & Young People.

Is the accountability line between front line worker of senior management explicit?

7. Is the individual’s responsibility to safeguard and promote the welfare of Children expressed in their job description?

2, 7, 11

8. Do individuals in regular contact with Children & Young People receive supervision and an appraisal?

9. Does the organisation have a designated individual, who takes the lead for liaising with other agencies, and to whom concerns about a child or young person are reported to and does this individual have a job description?

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Standards 1, 5, 6, 8, 11 are the minimum standards the GSCB expects PVU organisations to achieve. The minimum standards are shaded in to ease identification.

Section 11 Standard GSCB Minimum Requirement

Checklist Relevant NSPCC

Standard

Compliance Info Yes/No/NA

Standard 4

All organisations ensure service development takes account of the need to safeguard and promote the welfare of Children & Young People.

Agencies should be able to demonstrate how services will take account of the need to safeguard and promote the welfare of children.

10. Is there evidence of safeguarding being a core element to the development of the service?

7, 5

11. Did the process involve children, young people and families?12. If required does the service / agency take into account the safeguarding needs of disabled children, young people and their families?13. Risk assessment for activities?

Standard 5

All partner organisations will ensure personnel are trained in safeguarding and promoting the welfare of Children & Young People.

Agencies should ensure staff receive appropriate safeguarding training including ensuring monitoring of training and updates.

14. Do employed staff and volunteers who have contact with children and young people receive level 1 or 2 (or equivalent) safeguarding training every 3 years?

8

15. Do designated staff, or those who make referrals to Social Care, receive level 3 training (if out of County) the equivalent local training) every 2 years for educational / early years settings and 3 years for all others?16. Do agencies monitor uptake/access to training?17. Do new staff get level 1 safeguarding training as part of the induction process?18. Where provider’s offer services for young people with complex needs is there evidence that specialist training is provided and the effectiveness of this monitored?

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Section 11 Standard GSCB Minimum Requirement

Checklist Relevant NSPCC

Standard

Compliance Info Yes/No/NA

Standard 6

All partners will ensure that all staff with access to

Children Young People are properly selected and vetted

to ensure appropriate individuals do not gain access to Children and

Young people

Agencies should ensure that all staff have an up to date CRB check and that the mechanism for updating CRB checks

19. Have recruiting managers completed the online safer recruitment training?

3

20. Are enhanced CRB checks undertaken on all staff who have, or likely to have, unsupervised contact with Children?21. Is this retaken every 3 years?

22.Are risk assessments carried out where appropriate on all individuals where CRB indicates a positive disclosure?

Standard 7

Organisations will contribute to effective interagency working to safeguard

Children & Young People

Agencies should have evidence of staff being involved in any relevant meetings that safeguard children.

23. Do relevant staff know about how to access Gloucestershire Safeguarding Children Board or relevant local authority procedures?24. Are you aware of how many families are involved in the Child Protection System and how many case conferences your agency has attended/been invited to?

Standard 8

Partner organisations will have arrangements for

effective information sharing.

Agencies should demonstrate how information has been shared appropriately and in a timely manner.

25. Is the organisation aware of their local LSCB information sharing protocols?

2

26. Is there written guidance on keeping accurate and up to date agency records together with a statement about confidentiality?27. Is there evidence that the organisation has effective information sharing arrangements in place and evidence that this activity is used?

147

148

Section 11 Standard GSCB Minimum Requirement

Checklist Relevant NSPCC

Standard

Compliance Info Yes/No/NA

Standard 9

All partner organisations address issues of diversity in their work to safeguard Children & Young People

Agencies should be able to provide evidence of how diversity issues are recognised and that this information is effectively utilised.

28. Does agency/service have a Code of Conduct/behaviour?

4

29. Are records of gender, age, disability, faith, language and ethnicity recorded and used to ensure appropriate service provision?30. Is information on safeguarding provided in a format and language that can be easily understood by all service users and their families?

Standard 10

All partner organisations will work closely and

effectively through agreed mechanisms to monitor

performance in safeguarding and

promoting the welfare of Children & Young People

and evaluate effectiveness of the standards.

Agencies should detail who is responsible for co-ordinating and collating the self assessments tool and any associated documents

31. Is there evidence of the standards becoming embedded into agency practice?

10

32. Are resources essential for implementing the standards made available?33. Are policies and practices reviewed at stated intervals; ideally at least annually for safeguarding and health and safety and 3 yearly for others and revised in the light of changing needs; changes in legislation or guidance and experience?

149

Section 11 Standard GSCB Minimum Requirement

Checklist Relevant NSPCC

Standard

Compliance Info Yes/No/NA

Standard 11

All partners have written procedures for handling

complaints and allegations against staff.

Agencies outline how complaints are monitored and managed and findings inform safeguarding practice.

34.Does the organisation have procedures for dealing with allegations of abuse made against staff, and the arrangements for whistle blowing?

2, 4, 10

35. Has the organisation nominated a senior member of staff who has the designated responsibility for ensuring allegation procedures are followed and who oversees the process?36. Is there evidence that all staff are made aware of the existence of the allegation procedures and do they know how to contact the LADO?37. Is there evidence that all staff are made aware of guidance relating to appropriate behaviour (eg. use of physical restraint, professional boundaries etc.)?

Standard 12

All partner agencies have processes and procedures in

place so a safe working environment is created and

maintained.

The agency should have agreed set of criteria that explain how a safe environment is maintained for Children & Young People and staff.

38. Are procedures in place to identify and manage any potential source of harm to Children / Young People?

4

39. Is a Code of Conduct for staff in place detailing the boundaries of appropriate behaviour between staff and Children / Young People?40. Is information made available to Children, Young People and Families about safeguarding Children and Young People including who to contact if they are concerned a child or Young Person is at risk and how to make a complaint?

150

FORM G – INFORMATION MANAGEMENT AND DATA SECURITY METHOD STATEMENTS

(This section will be evaluated on a pass/fail basis)

As part of its Information Management Strategy, The Authority is committed to ensuring that its personal and /or sensitive information is safeguarded.

The Authority must, therefore, take sensible precautions to safeguard information (whether electronic or on paper) sent to Service Providers and be confident that they have appropriate security measures in place to protect personal and/or sensitive information from loss, inappropriate use or disclosure.

Children’s Centres handle and use personal and or/sensitive data on children, young people and their families. The Authority needs to understand how Potential Providers will protect this information, and any other information provided by The Authority, or generated by Potential Providers through working with children, young people and their families. We also need assurances that Potential Providers will ensure that any third party with whom Potential Providers will work will protect information appropriately.

The Authority would expect Potential Providers to have appropriate technical and non-technical security measures in place to meet the minimum requirements documented in this Method Statement and relevant UK and European laws such as the Data Protection Act.

In this Method Statement Potential Providers are given the opportunity to detail how they incorporate appropriate security requirements into their policies and procedures relating to their current contracts/operational arrangements.

This Method Statement is not exhaustive, and Potential Providers may wish to provide additional information in the Details box provided to substantiate and supplement their responses.

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Method Statement

Information Governance and risk management

1Has your organisation a designated role which includes responsibility for owning information risk by ensuring policies are in place to meet relevant laws and regulations for the safe management of information?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

2Has your organisation identified individuals who operationally own information, and understand what information is held, how it is used, who has access to it and why, and are responsible for ensuring that business is transacted within an acceptable level of risk?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

3Does your organisation undertake risk assessments to ensure the confidentiality, integrity and availability of the information they hold?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

Human Resources

4Does your organisation have processes in place to ensure that employees, contractors, and third party users are suitable for their role? (all candidates for employment, contractors and third party users should be adequately screened and sign terms and conditions that require them to adhere to the organisations policies and confidentiality clauses)?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

5Does your organisation have a formal Human Resource policy around information management, in particular making it clear that failure to adhere to the organisations policies and procedures is a serious matter and in some situations may amount to gross misconduct?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this

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requirement by the contract start date.

Information Access

6Does your organisation have policies & processes in place to ensure that access to information and/or information systems is provided on a need to know basis, with access rights properly controlled, authorised and regularly reviewed?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

7Does your organisation have responsibilities allocated to ensure an employee’s, contractor’s or third party user’s exit from the organisation is managed, and that the return of all equipment, information, and the prompt removal of all access rights are completed when the need for access ends?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

Training & Awareness

8Does your organisation provide awareness, education and training in security policies and procedures and the correct use of information and information processing facilities to all employees, and where relevant to contractors, and third party users to ensure personal and/or sensitive information is safely handled, processed and stored, and to minimise security risks?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

Information Security & Incident Management

9Does your organisation have policies and procedures to enable individuals to raise concerns about information risk and/or report security incidents, and to bring these to the attention of senior management?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

10Does your organisation have a procedure for investigating information security

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incidents that ensures a consistent and effective approach to the management of information security incidents, corrective action, and dissemination of lessons learnt?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

Physical Security

11Does your organisation have physical security mechanisms in place to ensure that only authorised individuals have access to information e.g. staff required to wear ID badges, records of visitors to buildings and accompanying visitors whilst on the premises, a clear desk/clear screen policy to reduce the risk of unauthorised access to, loss, or damage to information, personal information held on paper is locked away when not in use?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

Information Handling & Protection

12Does your organisation have policies and information handling standards in place to ensure that personal and/or sensitive information is protected from unauthorised access and is handled, stored and transferred securely, whether paper or electronic and whatever media e.g. email, portable devices such as memory sticks, laptops or PDAs?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

13Does your organisation have policies and processes in place to ensure information transfers are properly authorised and comply with the law?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

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14Where portable media need to be used, does your organisation have policies, processes in place to ensure that these devices are encrypted to protect information?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

15Does your organisation have policies and procedures in place to ensure the integrity, and quality of data is maintained?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

16Does your organisation have acceptable use policies in place for using Email, the Internet and Social Media?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

17Does your organisation have policies and procedures in place to ensure that information is retained only for as long as is operationally and legally necessary?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

18Does your organisation have policies and processes in place to ensure the secure disposal of information, for example paper records by incineration or shredding, and electronic media by overwriting, erasure or degaussing?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

155

Technical Security Controls

19Does your organisation have a process or contract in place to maintain the security of your ICT assets including software patching and operating system critical security updates, anti-virus and anti malware maintenance, firewall configuration?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

20Does your organisation have a business continuity management process in place to minimise the impact of major failures of information systems and to restore loss of operations and recover information within appropriate timescales?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

Remote Access to information/information systems

20Where it is not possible to access information from secure premises does your organisation ensure that remote access is via strong authentication (2 factor authentication), information is viewed or amended without being stored on the remote user’s computer and/or is encrypted both on the device and during transmission?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

Legal Compliance

21Is your organisation registered with the Information Commissioner’s Office (ICO) to process personal data and if so, do you have processes in place to notify the ICO of any amendments?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

22 Does your organisation inform service users about the use of their personal data?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

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23 Does your organisation have contracts in place with all the Data Processors that you use?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

24 Does your organisation have a procedure for responding to Subject Access Requests under section 7 of the Data Protection Act?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

25 Does your organisation have a procedure for assisting the Authority in responding to Freedom of Information (FoI) requests?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

Compliance & Assurance processes26 Does your organisation have agreements and processes in place to ensure that

the third parties with whom you work have appropriate safeguards in place to protect personal and/or sensitive information?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

27 Does your organisation regularly monitor and audit your processes and procedures for protecting information?

YES/NO (delete as appropriate) If NO, please, provide information on how you will meet with this requirement by the contract start date.

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Technical and Professional Ability Regulation 25

Where the Potential Provider is a special purpose vehicle and not intending to be the main provider of the services, the information requested should be provided in respect of the principle intended provider of the services.

1 EXPERIENCE AND CONTRACT EXAMPLES1.1 Please provide details of up to three contracts from either or both the public

or private sector, that are relevant to the Authority’s requirement. Contracts for the supply of services should have been performed during the past five years. (The customer contact should be prepared to speak to the purchasing organisation to confirm the accuracy of the information provided below if we wish to contact them for a business reference).

Contract 1 Contract 2 Contract 3Customer Organisation

Customer Contact nameCustomer Telephone NumberCustomer Email

Contract Start Date

Contract Completion Date

Contract Value

Brief description of contract (max 150 words)

1.2 If you cannot provide at least one example, please briefly explain why (100 words)

158

159

1 DECLARATION1.1 I declare that the details submitted in the ........................ are correct.1.2 I can confirm that the following information has been included:

Financial Authorisation Form the last three years’ audited accounts completed audits as requested any other procedures, examples and logs requested details of quality assurance procedures brief description of all relevant contracts

1.3 The applicant is the organisation which it is proposed will enter into a formal contract with the Authority if awarded the contract.

1.4 I understand that the information disclosed in this application form will be used in the evaluation process to assess my company’s financial stability and competence to conduct the service being tendered by the Authority.

Signed:Name:Position:Date:

Note: This form must be signed by a director or other senior representative of the company.

SECTION 8 – Response to Specification

The Potential Provider must respond in detail to the elements within the service specification, and how they will meet all aspects of the specification and in particular the objectives of each.

The Potential Provider must provide a separate response for each section of the services being tendered by completing the relevant method statement(s) below (however they may cross reference to the Business Questionnaire - if applicable).

Name of locality being tendered for: __________________________________(Please see Section 2, 1.2 as guidance for completing a separate response for each locality that is being bid for).

Each method statement will be evaluated using the scoring system outlined below

Evaluation Scoring SystemScore0 Inadequate Significant indications that proposal lacks certain

requirements in this area to achieve the required standard of service delivery / information totally inadequate

1 Concerns Some concerns that proposal may lack certain requirements in this area to achieve the requiredstandard of service delivery

2 Potential Information indicating potential to deliver outcomes 3 Capable Comprehensive and strong information indicating

proposal capable of delivering outcomes to the required standard

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Evaluation weighting

Criteria Weighting Score from Questions

Score from Presentation

Total Maximum Score

Services Delivery and Quality of Provision

50% 45

Experience 20% 24Budget allocation Added value/ Innovation

30% 318

100% 90 10 100

161

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1 Budget Allocation Total scoreA budget must be submitted on this form of tender giving a breakdown of costs associated with providing the services outlined in the service specification for the years 2013/2014 and 2014/2015 The budget should identify any management fee or central overhead recovery.

The budget should identify any management fee or central overhead recovery. All prices shall be fully inclusive of all costs for providing services in accordance with the Terms and Conditions from the commencement Date and throughout the contract Period. It is the Potential Provider’s responsibility to include ALL charges that they wish to recover from the contract that will be incurred in providing the requirements of the specification for the period of the contract.

All prices shall be exclusive of VAT.

Save as expressly provided in the Terms and Conditions no sums other than those stated in the Pricing Schedule and agreed to be paid by the council shall be payable by the council in respect of the services during the contract period or otherwise.

The Potential Provider must be able to substantiate all figures and provide evidence where appropriate.

12

PREDICTED EXPENDITURE YEAR 1 YEAR 2Management, £ £Admin & Finance £ £Teachers, Early Years £ £Community Family Support £ £Premises staff (cleaners, caretakers, cooks, etc)

£ £

Other staff £ £External Agencies £ £Training/Conferences £ £Recruitment £ £Other staff costs eg: CRB’s, subsistence, etc

£ £

Central/Regional Management/Admin Recharge

£ £

TOTAL STAFF COSTS £ £Maintenance & Equipment £ £ Rent, Rates & Service Charges £ £ Utilities £ £ Other Property Costs £ £ TOTAL PREMISES COSTS £ £ Staff Mileage Claims £ £ Travel Other £ £ TOTAL TRAVEL COSTS £ £ Furniture & Equipment £ £ Stationery £ £ Resources £ £ Communication Costs £ £ ICT Costs £ £ Other Costs £ £ Central/Regional Overheads Recharge £ £ TOTAL SERVICE DELIVERY EXPENSES £ £ Marketing £ £ Consultancy £ £ Commissioned Projects £ £ Other Professional Costs £ £ TOTAL PROFESSIONAL COSTS £ £

TOTAL EXPENDITURE £ £

PREDICTED INCOME YEAR 1 YEAR 2Budget allocation from LA £ £ Nursery Education Free for 3 & 4 yr olds

£ £

Nursery Education 2 yr old (New for 2) £ £ Income from other users £ £ Other income e.g., grants, projects, etc £ £ TOTAL INCOME £ £

163

Service Delivery and Quality of Provision

Question Area Method Statement Max Score

1a Transition and continuity

If your organisation was awarded the contract please describe how you would work with the existing provider during the mobilisation period (time between the contract award and contract start date) to ensure service continuity and smooth transition takes place? Please provide evidence of where your organisation have achieved this. (Maximum 250 words)

3

1b Transition and continuity

Please describe how you will reach and provide families and other professional partners with information about the services you will provide and how they can be accessed across a locality?This should include how you will encourage families with young children to engage with services especially those in most need of intervention and support. (Maximum 250 words)

3

1c Partnership working

How will your organisation ensure a partnership approach, with social workers, midwifes, health visitors and other relevant agencies .to identifying and delivering integrated services and monitoring the impact of outcomes. (Maximum 250 words)

3

1d Partnership working

How will your organisation ensure that all parents have access to high quality integrated education and childcare within the locality?How will you support other Early Years settings including childminders? (Maximum 250 words)

3

164

1e Need Analysis and Assessment

How will your organisation ensure that children’s centre services are reaching the most vulnerable children in the locality including those children with special needs and disabilities, children on the edge of care proceedings and child protection plans? (Maximum 250 words)

3

1f Needs Analysis and Assessment

Which outcomes for children and their families have you identified across Gloucestershire / the locality which requires improvement and how will you monitor the children’s centre services contribution to their positive progress?(Maximum 250 words)

3

1g User involvement

How will your organisation involve parents in evaluating, developing and delivery of children’s centre services? (Maximum 250 words)

3

1h Need Analysis and Assessment /Delivery

How will you ensure that the services and interventions delivered across the locality are well matched to the needs of the families in the locality? (Maximum 250words)

3

1i Outcome 1:Contact with families

How will your organisation ensure that families in greatest need of support and intervention are identified and are able to access and have sustained contact with appropriate services for young children and their parents? (Maximum 250 words)

3

1j Outcome 2:Developmental Progress and Readiness for School

How will you assess a mixture of universal and targeted provision to ensure that all young children in Gloucestershire make appropriate developmental progress and are able to take advantage of the learning opportunities available to them? (Maximum 250 words)

3

165

1k Outcome 3: Parental Aspirations, self esteem and parenting skills

Describe how your organisation will identify need, plan interventions, monitor progress and be able to demonstrate positive outcomes following on from interventions to ensure.

A) Parents act as positive role models and are able to demonstrate affectionate but authoritative parenting.

B) Parents understand child development and their role as their child’s first educator including the importance of the home learning environment.

C) Parents and carers are able to access adult learning opportunities and employment support which enables them to improve their skills, access education, training and employment

(Maximum 250 words)

3

1l Outcome 4: Child and family health and life chances

How will you ensure that physical , mental and emotional health outcomes for families improve in the locality area and families in greatest need of support have immediate access to integrated wider health services and that the take up rates are excellent. (Maximum 250 words)

3

1m Data handling /Record keeping

Please provide evidence as to how will you ensure that you are able to provide timely and accurate responses to data and information requirements to inform progression against performance measures?(Maximum 250 words )

3

1n Payment By Results

Government proposes to introduce a payment by results system from 2013-14.to incentivise the core purpose of children’s centres. How will you address the need to report on specific national and local measures to evidence the impact of early intervention? (Maximum 250 words )

3

1o Emergency planning and

Please provide details with regard to your business continuity and emergency planning for the

3

166

business continuity

contract. (Maximum 250 words )

Total maximum score Total maximum words count 3,750 45

2 Experience

Question Area Method Statement Max score

2a Leadership and management

Which qualities are essential for the effective leadership and management of a locality based model of delivering children’s centre services? How will you be confident that the leaders and managers within the children’s centre service provide effective leadership and are able to communicate high expectations to all staff?(Maximum 200 words)

3

2b Achieving Excellence

Building relationships and knowledge of the local community have been identified as key elements of a successful children’s centre. How will you ensure that this happens across a locality area?(Maximum 500 words)

3

2c Achieving Excellence

What targets will yet set to secure further sustainable improvements to the provision and outcomes for the families in most need of intervention and support? How will you agree them?(Maximum 200 words)

3

2d Achieving Excellence

How would you ensure actions taken to tackle identified weaknesses – included those identified during any OFSTED inspections- are effective in delivering improved provision and outcomes? (Maximum 200 words)

3

2e Staff Development

Staff teams working in children’s centres require different areas of expertise – how will you review and ensure that you have the right skills mix to deliver an effective service? (Maximum 200 words)

3

2f Experience Provide evidence of your organisation’s 3

167

experience in delivering the same or similar service to that described in this procurement activity during the last 3 years.(Maximum 500 words)

2g Experience Please evaluate your experience, challenges and successes of delivering early intervention services to targeted groups.(Maximum 200 words)

3

2h Experience Provide brief details including skills base and relevant experience of staff and/or managers to be employed in managing the contract. (Maximum 200 words)

3

Total maximum score Maximum word count 2200 24

3 Added Value / Innovation

Question Area Method Statement Max Score

3a Adaptability to meet changing needs

How would your organisation ensure flexibility in the delivery of provision to respond to changes in local or national strategy which would require alterations to this contract including budgetary changes? (Maximum 250 words)

3

3b Added value Please provide details of any added value your organisation could provide to the council for this type of service. (Maximum 250 words)

3

3c Added value Please identify any efficiency savings in the delivery of services and demonstrate value for money. (Maximum 250 words)

3

3d Value for money

How would you develop procedures which include robust financial monitoring systems to ensure resources are used and managed

3

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efficiently and effectively to meet the needs of families and the wider community? (Maximum 250 word )

3e Innovation Please detail any proposed innovation in the delivery of services to meet the needs of a specific locality. (Please make each response locality specific).

(500 words for each locality)

3

3f Innovation How would you develop greater parent to parent involvement for parenting and family support, where professionals are only involved for more targeted, specialist work?(Maximum 250 words )

3

Total maximum score Maximum word count 2000 per locality 18SECTION 9 – Check list for a complete response

Item Cross Reference Provided by

TendererPlease tick to

confirm

TENDER DOCUMENT

Notes to Potential

Providers paragraph 1

Additional Comments relating to Contract Terms and Conditions

TENDER DOCUMENT

Section 3

Form of Tender TENDER DOCUMENT

Section 4

Tendering Certificate TENDER DOCUMENT Section 5

Parent Company Guarantee Undertaking signed (if the Potential Provider is a subsidiary company)

TENDER DOCUMENT Section 6

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Item Cross Reference Provided by

TendererPlease tick to

confirmThe following information has been included/sent:

Financial Authorisation Form (ON SEPARATE SHEET, NOT A COPY);

the last three years’ audited accounts; details of insurance cover; completed audits as requested any other procedures, examples and

logs requested; details of quality assurance

procedures;

brief details of all relevant contracts.

TENDER DOCUMENT Section 7

Response to Specification provided TENDER DOCUMENT Section 8

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