Contract Reference

Contract Reference

Contract Reference:

010-037-002

Contract Duration:

1stSeptember 2015 - 31st August 2018

Parties to the Contract:

The Children’s Services Directorate ofThe Council of the Metropolitan Borough of Bury

For the provision of:

EARLY EDUCATION AND CHILDCARE

(EEC)

Contents

Page No:

About the Contract4

1.Definitions6

2.Contract Period8

3.The Service8

4.Registration and Staff9

5.Assignment & Sub-Contracting9

6.Limitation of Liability9

7.Insurance10

8.Charges and Payment10

9.Provision of Information13

10.Access to Information15

11.Authorised Officer14

12.Corrupt Practices14

13.Termination15

14.Consequences of Termination16

15.Legislative Requirements17

16.Confidentiality and Freedom of Information17

17.Independent Contractor17

18.Changes17

19.Entire Agreement17

20.Force Majeure18

21Notices18

27.Complaints and Appeals Procedures18

Schedule 1 - Service Schedule19 Appendix 1 – Forms 22

Schedule 2 –Concerns and Removal from the Directory24

Signed execution of Agreement25

THIS AGREEMENT is made on 1 September 2015

BETWEEN

Bury Council, whose principal place of business is at Town Hall, Knowsley Street, BuryBL9 0SW (hereafter called “Council”) of the one part

AND

(Hereafter called “Provider”) of the other part.

WHEREAS the Council desires to engage the Provider to provide Early Education and Childcare Places as described in this Agreement.

WHEREAS the Provider desires to provide Early Education and Childcare Places as described in this Agreement.

WHEREAS the Council has agreed to make payment to the Provider for the provision of such Early Education and Childcare Places as set out in this Agreement.

ABOUT THIS CONTRACT

Section 7 of the Childcare Act 2006, (updated Education Act 2011) places a duty on local authorities to secure ‘early years provision free of charge’.

This contract is in line with the Statutory Guidance for Local Authorities (LA’s) (September 2013) where this is referred to as ‘early education’ and relates to 2, 3 and 4 year old children eligible to access the offer.

This contract is not concerned with how providers operate their private businesses, including charges for provision over and above a child’s early education place.

We have adopted this contract in conjunction with the 10 Greater Manchester Local Authorities (AGMA). A copy of the new funding model and the expectations that providers will adhere to are below:

A New Delivery Model for Early Years

Funding the Free Entitlement for 2, 3 and 4 Year Olds – Applying Core Principles

The conditions applied to the funding arrangements for the universal entitlement for 3 and 4 year olds and targeted 2 year olds are set out in Statutory Guidance issued by the Department for Education.

Within the Statutory Guidance are mandatory requirements that all LA’s and Early Years providers must comply with to ensure the day care supported by public funds is equitable and of a quality standard.

As part of the New Delivery Model for Early Years, the 10 Local Authorities within Greater Manchester have agreed to apply common core principles to underpin the individual Terms and Conditions of Funding that will secure improvements in children ready to learn at school by:

  • Supporting progress for vulnerable groups-closing the gap in performance at 5 for all children and the bottom 20%
  • Enabling tracking of progress for vulnerable groups leading to intervention to promote learning and development
  • Increasing parental engagement-recognising that parental influence is the greatest determining factor on the life chances of vulnerable children
  • Supporting improved quality of Early Years and Childcare Provision

GM Expectation that funded providers will:
1. / Actively engage with the Local Authority (or agency) responsible for maintaining the directory of providers, distributing and monitoring the impact of free entitlement funding.
2. / Demonstrate commitment to Quality Improvement, through engagement in a Quality Improvement Framework or in a system led Quality Improvement Process which is sufficiently focused on securing improved outcomes for children.
3. / Contribute as appropriate to any assessment as part of the Common Assessment Framework or in a system led Quality Improvement Process which is sufficiently focused on securing improved outcomes for children.
4. / Submit progress data for all funded children to the LA in order to demonstrate the progress for vulnerable groups against the EYFS framework.
5. / Share profile information on two year olds and make links with Health colleagues in order to carry out the integrated EYFS/Health Child Programme review.
6. / Support transition to schools by sharing individual children’s attainment data with receiving schools and making links with school colleagues in order to facilitate transition.
7. / Make information available to the public on the developmental progress of successive cohorts of children.
8. / Make information available on, and signpost parents to, services providing family support and training and employment opportunities; registration forms will be made available to parents not already registered with the local children’s centre.
9. / Obtain necessary consents from parents on enrolment for sharing of information with appropriate agencies.
10. / Proactively engage with parents to support children’s learning and development including the home learning environment.

IT IS HEREBY AGREED:

1. DEFINITIONS AND INTERPRETATION

1.1Definitions

In this Agreement the following words shall have the following meanings:

“Agreement/
Contract” / means this agreement comprising, in descending order of precedence, these terms and conditions, the schedules and appendices;
“Authorised Officer” / means the Council’s representative from its Early Years team who is responsible for procuring the Services and managing the Agreement as notified to the Provider from time to time;
“Charge(s)” / means the charge, charges or rate(s) of charge that the Council shall pay the Provider for the Services as referred to in Schedule 1;
“Confidential Information” / means any non-public Provider Information which is subject to a legally enforceable duty of confidence and which is exempt from disclosure by virtue of Section 41 of FOIA;
“Contract Period” / means the period that this Agreement is in force as specified in Clause 2.1;
“Council’s Appeals Procedure” / means the Council’s procedure which is available for the use of the Provider in the event that the Provider wishes to appeal against a decision made by the Council to remove the Provider from the Directory of Providers, as provided for under this Agreement, and the parent/s)/carer(s) if they wish to make representations to the Council that the Provider has wrongly failed to provide their child with a free Early Education Entitlement Place;
“DfE” / means the Department for Education;
“Directory of Providers” / means the Council’s list of providers that have been approved by the Council and are appropriately registered (or exempt from registration) with a body recognised by the Council, to provide the Services, as described in and in accordance with Clause 4.1;
“Early Education and childcare Entitlement” / means the allocation and provision of a place(s) at a Setting for the attendance by an Eligible Child for the purpose of receiving the Services;
“Eligible Child (Children)” / means a child (children) who is eligible to begin to receive the Services by virtue of being two (2) three (3) or four (4) years old before the date of commencement of the Term when the child (children) is first to receive the Services, and, in the case of a child (children) that is two (2) years old is looked after by the local authority or have a Care Plan under Social Care or they come within criteria used to determine eligibility for Free School Meals, or they are adopted, and, in the case of a child (children) that is four (4) years old, is not statutorily required to attend school or has not been voluntarily enrolled, or is not to be voluntarily enrolled, at a maintained school, during such Term, and is eligible to continue to receive the Services during subsequent Terms until such time as the beginning of a Term during which such child (children) is statutorily required to attend school or has enrolled, or is to voluntarily enrol, at a maintained school, as detailed in the Headcount Forms (subject to receipt of the information referred to in clause 8.2);
“Early Years Foundation Stage (EYFS)” / means the specification of the earliest stage of education of the National Curriculum of England;
“FOIA” / means the Freedom of Information Act 2000 together with any amendments, regulations and codes of practice made pursuant to the Freedom of Information Act 2000;
“Force Majeure” / means any circumstances beyond the reasonable control of party which includes fire, flood, lightning, severe weather, flood, explosion, sabotage, accident, embargo, riot, civil commotion, war, industrial dispute, government regulation or anydisaster that affects either party’s, or its sub-contractors or suppliers, ability to fulfil its responsibilities under the Agreement;
“LADO” / means the Local Authority Designated Officer for Safeguarding;
“Ofsted” / means the Office for Standards in Education;
“Provider Information” / means all proprietary records, documentation, software, technical information, business information or other information disclosed by the Provider to the Council in relation to or created pursuant to the Contract;
“Safeguarding” / Is the term used to describe the process of promoting children’s welfare and safeguarding them from harm which is outlined in clause 4.3;
"Setting" / means an undertaking at a location which is registered in accordance with clause 4.1 to provide Early Education and Childcare Places where the Provider provides the Services

1.2In this Agreement unless the context otherwise requires:

(a)words importing any gender include every gender;

(b)words importing the singular number include the plural number and vice versa;

(c)words importing persons include firms, companies and corporations and vice versa;

(d)references to numbered clauses and schedules are references to the relevant clause in or schedule to this Agreement;

(e)reference in any schedule to this Agreement to numbered paragraphs relate to the numbered paragraphs of that schedule;

(f)the headings to the clauses, schedules and paragraphs of this Agreement will not affect the interpretation;

(g)any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or byelaw made under that enactment;

(h)any obligation on any party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;

(i)Any party who agrees to do something will be deemed to fulfil that obligation if that party procures that it is done.

2.CONTRACT PERIOD

2.1The Contract Period shall be deemed to commence on 1 September 2015 and end on 31 August 2018 unless terminated early in accordance with Clause 13 or extended in accordance with clause 2.2 below.

2.2If the Council wishes to extend the Contract Period, the Council shall seek agreement to such extension from the Provider. Any extension of the Contract Period will be subject to written acceptance by the Provider. Unless agreed otherwise by the parties hereto, the terms of this Agreement will continue to apply during any such extension to the Contract Period.

3.THE SERVICE

3.1The Provider shall, during the Contract Period, provide the Early Education and Childcare Places in accordance with the specification of the Services as set out at Schedule 1 and, in accordance with the requirements of Section 7 of the Childcare Act 2006 deliver the Early Years Foundation Stage

3.2The Provider shall perform the Service strictly in accordance with this Contract and to the reasonable satisfaction of the Council and warrants that (a) it is registered in accordance with Clause 4.1 below and (b) it has performed and will perform, as the case may be, the Service in accordance with all relevant statutory requirements and guidance given from time to time by the Secretary of State, and good practice and with all due skill, care and attention.

3.3Subject always to the requirements of clause 5 the Providers shall inform the Authorised Officer in writing of any change in the Provider’s circumstances, within twenty eight (28) days of that change, that will or may cause the Provider to be unable to deliver the service.

4.REGISTRATION AND STAFF

4.1To be eligible for inclusion in the Council’s Directory of Providers entitled to claim funding for the provision of Early Education and Childcare Places in accordance with this Agreement (“the Directory of Providers”) the Provider must be:

  • registered by OFSTED as a day care provider under the Childcare Act 2006 (or a day care provider exempt from such registration)
  • an independent school registered with the DfE
  • a non-maintained special school
  1. ASSIGNMENT AND SUB-CONTRACTING

The Provider shall not transfer, assign, delegate or sub-contract, directly or indirectly, any of its rights or obligations under this Contract, including setting up a factoring arrangement with a third party, except with the written consent of the Authorised Officer and subject to any terms and conditions that the Authorised Officer may specify. Where the Authorised Officer agrees to the Provider sub-contracting the performance of any of its obligations, this shall not relieve the Provider from any of its obligations or liabilities to the Council.

6.LIMITATION OF LIABILITY

6.1The Provider’s and the Council’s liability for personal injury to or death of any persons, arising out of or in connection with the Contract, due to its negligence, shall be unlimited. Clause 6.3 shall not apply to such liability.

6.2Subject to Clause 6.1 and 6.4 and to the extent permitted by law, neither the Provider nor the Council shall be liable to the other party, either in contract, tort, under statute or otherwise for any indirect, consequential or punitive losses or damages including indirect losses or damages for loss of business, revenues or profits arising out of or in connection with the Contract.

6.3Subject to Clause 6.1 and 6.4, the Provider’s and the Council’s liability to the other party, either in contract, tort or otherwise, arising out of or in connection with the Contract shall be limited to an aggregated amount of £5,000,000.

6.4This Clause 6 shall not exclude or limit the liabilities of either party for fraud or misrepresentation.

7.INSURANCE

7.1The Provider shall, at all times that this Agreement is in force, maintain insurance cover in respect of its liabilities arising out of or in connection with the Contract including insurance for employer’s liability and public liability with a reputable insurance company. The Provider shall maintain employer’s liability insurance in compliance with statutory requirements (which at the date of this Contract is a minimum of £10,000,000) and all other insurances, including public liability insurance, to a minimum of £5,000,000.

8.CHARGES AND PAYMENT

8.1Maximum Charges

The maximum Charges that shall apply in respect of each Early Education and Childcare Place during each Contract Year and in respect of each Term shall be as detailed in Schedule 2 and on the Single Funding Formula payment schedule.

The service must be offered completely free at the point of delivery, with no conditions of access.

8.2Calculation of Charges

8.2.1The Council shall send out Headcount Forms electronically from the Provider, in respect of each Term, normally thirty (30) days prior to the commencement of each Term.

8.2.2The Provider shall properly and accurately complete the Headcount Forms and shall return them electronically to . TheProvider shall providethe Council with details of the Eligible Children, the hours that they are scheduled to attend and submit the completed Headcount Forms to the Council as soon as is reasonably practicable and in any event no later than twenty one (21) days after the commencement of each Term or by the deadline date set by the council. It is the providers responsibility to ensure the council is informed of any changes to the email address.

8.2.3The Provider shall utilise the information in the completed Headcount Forms to estimate the Charges that shall be due in respect of the relevant Term and shall submit the completed Headcount Forms plus any other associated documentation as requested. The Council will calculate the Charges for each Early Education and Childcare Place per Term in accordance with the Single Funding Formula payment schedule as detailed in Schedule 1 corresponding to the relevant number of hours that each Eligible Child is to attend.

8.3Absences

8.3.1 Where the Provider has made provision for an Eligible Child to attend a Session but the Eligible Child has been unable to attend due to sickness, the Charges for such Session shall still be applicable.

8.3.2Where the Provider has made provision for an Eligible Child designated by the Council as having Special Educational Needs to attend but such Eligible Child has been unable to attend, the Charges shall still be applicable except where the Eligible Child has been unable to attend due to the Provider’s default.

8.3.3 Where the Provider has made provision for an Eligible Child to attend but the Eligible Child has failed to attend or has been asked by the Provider not to attend or has been unable to attend due to the Provider’s default, paymentshall not be made.

8.3.4.Where the Provider has made provision for an Eligible Child to attend but the child either fails to turn up at the start of a term, or part way through the term leaves without notice, full monies will be reclaimed by the Council for the non-starter and pro-rata monies for the part term

8.3.5.Where children have short term absences of no more than 4 weeks funding will not be withdrawn, however where absence is recurring or for extended periods the Council reserve the right to request repayment of funding for the additional absent periods.

8.3.6.The Early Education and Childcare monies cannot be used to clear outstanding debt. It is the provider’s responsibility to have adequate systems in place to prevent outstanding debts and check reasons for non-attendance.

8.4Payment

The council will make payments to Providers in 2 stages:

  • Stage 1 payments will be made at the beginning of the term after the 1st deadline date.
  • Stage 2 payments will be made mid-term after the 2nd deadline date.

Provided that, in the Council’s reasonable opinion, the information in the completed Headcount Forms, provided in accordance with Clause 8.2.1 above, is correct and accurate, and the Headcount Forms are returned by the Provider by the due by dates specified in Clause 8.2.2 the Council shall, in respect of each Term, pay the Provider the Charges, calculated in accordance with Clause 8.2.3, for the relevant Term within thirty (30) days of such deadline.

If the Provider fails to submit the Headcount Forms by the deadline specified in Clause 8.2.2 the Council shall pay the Provider on the next available payment run.

Top View