School Cycle Parking Application Form 2016/17
All STARS (Sustainable Travel, Active Responsible, Safe) accredited schools in London are invited to apply for cycle and/or scooter parking to be provided by Transport for London (TfL).
How the process works:
· TfL have set up a framework to fund the provision of cycle and/or scooter parking to all eligible schools in London.
· The School makes an application to TfL for cycle and/or scooter parking funding which, if approved by TfL means that TfL will arrange and enter into the call-off contract on behalf of the school for the provision of the cycle and/or scooter parking.
· TfL will approve this funding and pay the contractor directly for the supply and installation of the cycle and/or scooter parking. The School will not receive any direct funding from TfL.
· A copy of the call-off contract will be sent to the School for your records
A copy of the framework agreement can be found https://businessoffers.tfl.gov.uk/schools-parking-contracts.html (the “Framework”). If a call-off contract is entered into by TfL on your behalf, please note that this is a contract between the school and the contractor, so please do ensure you have read the framework agreement and template call-off contract.
Applications will be processed on a first come first served basis.
Please complete all sections of this application form and send completed applications to , by Friday 15th July 2016.
Please refer to accompanying options sheet when completing this application form.
Section 1: School detailsSchool DfE no. (xxx/xxxx format)
School name (the “School”)
School address including full post code
Borough
Name of main point of contact at school responsible for this application (“School Representative”)
Position held
Contact phone number
Contact email
Has or will the School be known by any other name, if so what? E.g. the school may have become an Academy and changed its name)
Educational Institute: (Infant, Nursery, Primary, Secondary, SEN, Colleges and Universities etc.)
Total number of students on roll?
Age range of students?
Current STAR accreditation level: (please state Gold, Silver or Bronze)
Section 2: Existing cycling facilities
Does the School have any existing cycle/scooter parking? (Yes or No)
If yes, how many spaces do you currently have? / Cycles
Scooters
How many students and staff currently scooter or cycle to School? / Students
Staff
What cycling activities does your school currently undertake? E.g Bikers’ Breakfast, Bikeablity, Walk/cycle/scoot to school days Please list below
Section 3: Request for new cycle parking facilities (please see attached cycle parking options sheet)
Cycle Parking
Number of new cycle parking spaces required? (if any)
Cycle parking option required? (please refer to option sheet attached)
Covered or uncovered
Helmet lockers required? (only available with shelters or compounds) Y/N
Scooter Parking
Number of new scooter parking spaces required? (if any)
Scooter parking option required? (please refer to option sheet attached)
Briefly describe the location proposed for the new cycle parking facilities, attaching a photo of the proposed site if possible. If the application is approved, a site visit will be arranged with the school to confirm the location’s compliance with TfL’s Health and Safety requirements.
Section 4: Planning Permission Requirements
IMPORTANT: The School has sole responsibility in regards to obtaining any necessary Planning Permission for the new cycle parking facilities and your answer in Section 4 will be taken as the final decision upon which TfL will base its delivery of the cycle parking facilities.
The consequences of any adverse decision, such as Planning Enforcement by the Borough’s Planning Department after the installation of the cycle parking facilities will be borne entirely by the School itself.
Is Planning Permission required to construct the new cycle parking facilities?
Is the school a listed building or in a conservation area?
Section 5: Terms and Conditions
1. By submitting this application, the School accepts these Terms and Conditions which apply to this application and the ongoing obligations.
2. In the event that the School’s application is successful:
a. the School authorises TfL to enter into a call-off contract, in accordance with the terms of the Framework on its behalf for provision of the cycle and/or scooter parking facilities from the contractor. The authority granted by the School shall be limited to entering into the call-off contract with the contractor as authorised by the School; and
b. TfL shall pursuant to section 159 of the Greater London Authority Act 1999, fund the provision of cycle and/or scooter parking facilities at the School in accordance with these Terms and Conditions.
3. The School acknowledges that the call-off contract entered into by TfL on behalf of the School will be binding between the School and the contractor.
4. The School:
a. warrants and represents and undertakes to TfL that:
(i) it is entering into these Terms and Conditions as principal and not as agent for any person;
(ii) these Terms and Conditions are executed by a duly authorised representative of the School; and
(iii) the information set out in the Application Form by the School and submitted to TfL is and remains true and accurate when it is submitted and that the School will promptly notify TfL of any changes to the information provided to TfL.
b. confirms that the capacity and type of cycle and/or scooter parking facility chosen by the School is appropriate for the needs of the School;
c. shall maintain a true and accurate set of agreed records pertaining to all activities relating to the Application Form for a period of not less than six (6) years. TfL shall have the right to audit any and all such records during that period upon reasonable notice.
d. shall ensure that where necessary, the cycle and/or scooter parking facility chosen has been granted planning permission before any construction begins;
e. shall ensure that the contractor who will install and construct the cycle and/or scooter parking facility, shall have sufficient access to install and construct the cycle and/or scooter parking facilities on the dates stipulated by TfL or the contractor in accordance with paragraph 5 below;
f. shall at its own cost, ensure that each cycle and/or scooter parking facility installed is properly maintained in accordance with the supplier’s instructions, passed to the School by TfL or the contractor, in accordance with paragraph 7 below;
g. shall ensure that it follows all instructions given to it by the contractor, sub-contractors and/or by TfL’s Health and Safety inspector in relation to health and safety during the construction and use of the cycle and/or scooter parking facility;
h. shall ensure that the new cycle and/or scooter parking facility will not be subject to re-development for a period of five (5) years, from the date of installation. Any re-development of the cycle and/or scooter parking facility may adversely affect the warranty of the cycle and/or scooter parking facility and where any re-development does take place, the School undertakes to replace the cycle and/or scooter parking facility with an installation which is of the same standard as that provided by TfL. Alternatively, the School will reimburse TfL the full cost of constructing the cycle and/or scooter parking facility which has had to be dismantled or its use impaired by the re-development of the site;
i. shall not hold itself out or do anything to imply that it is the agent of TfL in performance of any part of these Terms and Conditions; and
j. acknowledges that no payment will be made by TfL to the School under these Terms and Conditions. TfL’s only obligation is to pay for the cycle and/or scooter parking facilities ordered and authorised in accordance with these Terms and Conditions.
5. TfL and/or the contractor shall give the School written notice of when the contractor shall attend the School to construct the cycle and/or scooter parking facility. The notice shall set out the start date for the construction works together with an estimated finish date. Under no circumstances shall TfL be liable to the School for any damages it may suffer as a result of the construction of the cycle and/or scooter parking facility save to the extent that any such damages are recoverable by TfL and are recovered by TfL under the contract TfL has with the contractor employed by it to construct the cycle and/or scooter parking facility.
6. If the School is in breach of paragraph 4(e), the School shall reimburse all of TfL’s costs, losses and damages claimed by the contractor in respect of the breach, within thirty (30) days of being notified by TfL, in writing, of the same.
7. Not more than sixty (60) days after the cycle and/or scooter parking facility has been installed, TfL or the contractor will provide the School with a copy of the health & safety file, including the supplier’s instructions in relation to the appropriate maintenance methods to be followed by the School.
8. Both parties shall at all times comply with all applicable laws in the performance of their obligations under these Terms and Conditions.
9. Subject to paragraph 10, the School is responsible for and shall indemnify, keep indemnified and hold harmless TfL against any costs (including legal costs and costs of enforcement), expenses, liabilities (including an tax liability), injuries, losses, damages, claims, demands, proceedings and judgments (“Losses”) which may arise out of or in the course of these Terms and Conditions (whether in contract, tort, misrepresentation or statute, including negligence) due to any act, omission or default of the School or its employees, including in respect of:
(i) the death of or injury to any person (including the School’s employees);
(ii) loss of or damage to any property (including property belonging to TfL or for which it is responsible); and
(iii) any claims from the contractor for payment in excess of the maximum amount authorised by TfL under these Terms and Conditions.
10. The School is not responsible for and shall not indemnify TfL for all Losses to the extent that such Losses are caused by any breach or negligent performance of any of its obligations under these Terms and Conditions by TfL or its employees.
11. The School acknowledges that TfL is only providing the funding for the School to enable the School to purchase cycle and/or scooter parking facilities from the contractor and in accordance with these Terms and Conditions and the School agrees that:
(i) TfL’s only liability arising out of or in connection with these Terms and Conditions is to reimburse the contractor (up to the amount authorised under these Terms and Conditions) for the supply of the cycle and/or Scooter parking facility ordered by the School in accordance with these Terms and Conditions;
(ii) TfL is not responsible for any of the cycle and/or scooter parking facilities provided by the contractor nor for any act or omission of the contractor and TfL shall have no liability to the School or its employees in relation thereto,
save that nothing in this paragraph 11 shall exclude or limit the liability of TfL in respect of any death, personal injury or property damage incurred by the School to the extent caused by the negligence of TfL.
12. Should any dispute or difference arise under or in relation to the provisions set out in these Terms and Conditions, the representatives named in paragraph 19 will do their best to resolve it in good faith, if the representatives can not resolve the dispute or difference within ten (10) days the matter will be referred to the School’s Headteacher and TfL’s Head of Behaviour Change for resolution.
13. General correspondence shall be dealt with by email or telephone between the School and TfL. Any formal notices to be given under these Terms and Conditions shall be in writing and delivered to the Schools address set out in Section 1 of the form above and TfL’s address below. Formal notices will be deemed served if delivered by hand on the day of delivery or if sent by registered post within two business days of posting.
For TfL
Sarah Cummings
[Project Manager – School and Young People
Address: Transport for London, 11th Floor Green Zone, Palestra, 197 Blackfriars Road, London SE1 8NJ
Telephone: 020 3054 4698
14. These Terms and Conditions are not intended to confer any rights on any third party pursuant to the Contracts (Rights of Third Parties) Act 1999.
15. These Terms and Conditions represent the entire agreement between the parties and any other oral or written representation or term is excluded.
16. These Terms and Conditions are governed by English law and any dispute not resolved in accordance with paragraph 12 above, may be referred to the exclusive jurisdiction of the English Courts.
17. The School shall not assign the benefit or delegate the burden of these Terms and Conditions or otherwise transfer any right or obligation under these Terms and Conditions.
18. These Terms and Conditions may only be varied by written agreement signed by authorised representatives of both parties.
19. For all matters relating to these Terms and Conditions, TfL appoints Sarah Cummings to act on its behalf; and the School appoints the School Representative to act on its behalf. The School Representative shall be responsible for the School meeting these Terms and Conditions and understands that TfL holds no responsibility or liability for the School’s usage of the cycle and/or scooter parking facilities. If either party wishes to replace its representative, it may do so but shall notify the other party in writing together with the name and address of the new representative.
Section 7: Declaration
I confirm that I have read and accept the above Terms and Conditions, that TfL will be entering into a call-off contract on behalf of the School, that all the information provided in the application is correct and up to date and that I have the necessary authority to make this application.
Headteacher’s signature
Headteacher’ s Name
Telephone number
Email address
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