AGREEMENT FOR THE PROVISION OF

TRAINING FOR PUPILS

BETWEEN

[SCHOOL]

AND

[TRAINING PROVIDER]

______

INDEX

PART 1 – TERMS AND CONDITIONS

  1. Definitions
  2. Commencement and Duration
  3. Obligations of the Training Provider
  4. Training Provider’s Personnel
  5. Obligations of the School
  6. Financial Arrangements
  7. Recovery of Sums Due to the School
  8. Child Protection
  9. Statutory Obligations
  10. Confidentiality
  11. Data Protection
  12. Default and Termination
  13. Effect of Termination
  14. Press Releases and Publicity
  15. Indemnity and Insurance
  16. Dispute Resolution
  17. TUPE
  18. Assignment and Sub-contracting
  19. Legal Proceedings
  20. Gratuities
  21. Copyright
  22. General
  23. Schedules and Appendices

PART 2 – SCHEDULES

SCHEDULE 1 – CURRICULUM AND LEARNING

  1. Programme
  2. Assessment
  3. Reporting
  4. Attendance

SCHEDULE 2 – HEALTH, SAFETY AND WELFARE

  1. Consent
  2. Programme/Training Provider Suitability Visit
  3. Pupil Risk Assessment
  4. Supervision
  5. Off-Site Activity

SCHEDULE 3 – QUALITY ASSURANCE

  1. Selection Criteria
  2. Induction
  3. Monitoring

SCHEDULE 4 – COSTS AND LIABILITIES

  1. Reservations
  2. Fees
  3. Cancellations/Withdrawals

PART 3 – APPENDICES

APPENDIX 1 – School/Training Provider – Student Risk Management Protocol

APPENDIX 2 – Programme(s) of Study

APPENDIX 3 – School and Training Provider Representatives

This Agreement is made on day of20

BETWEEN

(1) / The Training Provider / [Insert Training Provider’s name and address/ [company number and registered office]] (“the Training Provider”)
(2) / The Governing Body of [Insert] School, / of[Insert full address and postcode] (“the School”)

each individually a “Party” and together “the Parties”.

Operative Provisions

1.Definitions

1.1In this Agreement (except where the context otherwise requires) the following words shall have the following meanings:

“Agreement” means this Agreement together with the Schedules and Appendices;

“Appendix” means any of the appendices attached hereto;

“Confidential Information”means all information (whether written, oral or in electronic form) concerning the business and affairs of the Party to which the information belongs to or that the other Party obtains or receives as a result of the performance of this Agreement and the Programme;

“Default” means any failure on the part of the Training Provider to carry out its obligations in accordance with the terms of this Agreement

“Default Notice” means a written notice issued by the School in accordance with clause 12.5;

“EBP” means the Cornwall Education Business Partnership;

“Enhanced Disclosure & Barring Service Check” means a Disclosure & Barring Service Enhanced Disclosure which for the avoidance of doubt shall include a check of the Children Vetting and Barring Scheme;

“Fee” means the fee payable by the School to the Training Provider as specified in Schedule 4;

“Force Majeure” means, in relation to either Party, any circumstances beyond the reasonable control of that party including (insofar as beyond such control but without prejudice to the generality of the foregoing expression), without limitation, any strike, lock-out or other form of industrial action, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or Act of God, in connection with the performance of this Agreement;

“Personal Data” has the same meaning set out in section 1(1) of the Data Protection Act 1998;

“Programme” means the course(s) of study, training, instruction or education provided by the Training Provider for the Pupils as more particularly described in Appendix 2;

“Pupils” means a pupil on the roll of the School who participates in the Programme.

“School’s Representative” means the person named in Appendix 3 or such other person nominated in writing by the School from time to time who shall be empowered to act on behalf of the School for all purposes connected with this Agreement;

“Schedule” means any of the schedules attached hereto;

“Sensitive Personal Data” has the same meaning set out in section 2 of the Data Protection Act 1998;

“Serious Default”means a Default committed by the Training Provider which, in the opinion of the School, materially prejudices the health, safety or welfare of the School or its Pupils.

“Training Provider’s Representative” means the person named in Appendix 3 orsuch other person appointed in writing by the Training Provider from time to time who shall be empowered to act on behalf of the Training Provider for all purposes connected with this Agreement.

“TUPE” means the Transfer of Undertakings (Protection of Employment) Regulations 2006.

“VAT” means Value Added Tax.

1.2The clause headings are included for convenience only and shall not affect the interpretation of this Agreement;

1.3Use of the singular includes the plural and vice versa and use of any gender includes the other gender;

1.4Reference to any statute or statutory provision includes a reference to the statute or statutory provision as from time to time amended, extended or re-enacted.

1.5Any Schedules and Appendices to this Agreement and attached hereto form part of and shall be deemed to be incorporated in this Agreement and the Training Provider shall conform fully with all details of the Schedules and Appendices.

1.6In the event of any conflict between the provision of this Agreement and the provision of the Schedules and Appendices the provisions of this Agreement shall prevail. For the purposes of this clause 1.6 only the term “Agreement” shall not include the Schedules or Appendices.

2.Commencement and Duration

2.1The Agreement shall commence on [insert date](“Commencement Date”) and shall continue until [insert date] (“the Termination Date”) unless terminated early in accordance with clause 12.

3.Obligations of the Training Provider

3.1The Training Provider shall deliver the Programme to the Pupils in accordance with this Agreement and will conform in all aspects with the provisions set out in the Appendices and Schedules.

3.2The Training Provider undertakes to:

3.2.1comply with all relevant legislation, codes of practice and guidance as amended from time to time;

3.2.2comply with the Schools safeguarding polices (copies of which are available on request)

3.2.3comply with all reasonable instructions given by the School in relation to the Programme

3.2.4provide any services reasonably required by the School which are reasonably incidental to the Programme in accordance with this Agreement;

3.2.5keep the School fully informed and provide it with regular reports on all matters of interest to a prudent client, together with such information as the School may reasonably require from time to time;

3.2.6be responsible for all costs, fees, expenses and charges incurred in the provision of the Programme.

3.3The Training Provider shall ensure compliance with the health, safety and welfare requirements detailed in Schedule 2.

3.4The Training Provider shall at all times during this Agreement and for a period of six (6)years thereafter:

3.4.1keep secure and give or make available for inspection by the School its internal auditors, the Local Government Ombudsman and the District Auditor all original and copy records, documents, information, statements and papers which may be acquired or produced by the Training Provider or by any permitted sub contractor in the performance of this Agreement. In default of compliance, the School may recover possession of such materials and the Training Provider grants a license to the School or its appointed agents to enter for that purpose any premises of the Training Provider or its permitted sub-contractors where any such materials may be held, and

3.4.2cooperate fully with any investigations at its own expense and make such explanations to the School, its internal auditors, the Local Government Ombudsman and the District Auditor as may be necessary for them to be satisfied that the terms and conditions of this Agreement, financial regulations and all statutory and regulatory provisions relating to this Agreement are being and have been complied with.

3.5The Training Provider shall ensure that it complies with any reasonable request for assistance by the School in the event of an inspection by the Office for Standards in Education (England) (“Ofsted”) or any other statutory inspection body from time to time.

3.6The Training Provider shall maintain current and accurate records of all work undertaken in relation to the Programme;

3.7The Training Provider shall at all times during the Agreement allow the School’s Representative and such other persons as from time to time nominated by the School’s Representative if relevant, access to:

3.7.1any work places of the Training Provider for the purpose of inspecting work being performed pursuant to this Agreement;

3.7.2any work places of the Training Provider for the purpose of inspecting and taking copies of records and documents in possession, custody or control of the Training Provider in connection with this Agreement;

3.7.3any technology, resources, systems and procedures used or proposed to be used in connection with the provision of the Programme.

3.7.4any personnel or agent of the Training Provider for the purpose of interviewing such persons in connection with this Agreement

3.8The Training Provider shall:

3.8.1have in place a process whereby its employees may report in confidence any alleged malpractice on the part of the Training Provider as regards to any part of the provision of the Programme;

3.8.2not take any action against any employee pursuant to its contractual rights in respect of that employee where such employee has in accordance with the process provided pursuant to clause 3.8.1 and in good faith reported alleged malpractice on the part of the Training Provider.

3.9Except and to the extent and upon the terms of this Agreement or as otherwise required or permitted by the School, the Training Provider shall not use any premises or equipment of the School

3.10The Training Provider shall at all times (where relevant) comply with the Schools financial regulations and all policies and procedures as may be amended from time to time.

3.11The Training Provider shall inform the School’s Representative promptly and confirm in writing if the Training Provider is unable or fails to provide any part of the Programme in accordance with this Agreement. The provision of information under this clause 3.11 shall not in anyway release or excuse the Training Provider from any of its obligations under this Agreement;

3.12If the Training Provider is unable or fails to deliver the Programme or any part thereof in accordance with the requirements of this clause 3 the School may itself provide or may employ and pay other persons to deliver the Programme or any part thereof and any additional costs incurred thereby may be deducted from any sums then due or to become due to the Training Provider under this Agreement or shall be recoverable from the Training Provider by the School as a debt. The School’s rights under this clause 3.12 shall be without prejudice to any other rights or remedies which it may possess.

3.13The Training Provider shall be responsible for the accuracy of all documentation, information and data supplied to the School by the Training Provider in connection with the Programme and shall pay the School any extra costs occasioned by any discrepancies, errors or omissions therein.

4.Training Provider’s Personnel

4.1The Training Provider shall employ sufficient numbers of appropriately skilled and competent staff to deliver the Programme and shall ensure that all obligations of the Training Provider under this Agreement are performed with all due skill, care and diligence;

4.2The Training Provider shall ensure that all personnel employed in the provision of the Programme are fully qualified and have the necessary experience in order to deliver the Programme to the Pupils to a satisfactory standard and shall ensure that such persons are properly and sufficiently instructed and supervised with regard to the delivery of the Programme and in particular:

4.2.1the task or tasks such person has to perform,

4.2.2all relevant provisions hereof,

4.2.3all relevant policies, rules, procedures, statutory requirements and standards of the School, and

4.2.4all relevant rules, procedures and statutory requirements concerning health and safety.

4.3The School’s Representative shall, upon giving notice in writing, have the power to require the Training Provider to remove from the provision of the Programme any personnel of the Training Provider specified in such notice including the Training Provider’s Representative. The Training Provider shall forthwith remove such personnel from the provision of the Programme and shall unless the School determines otherwise immediately provide a replacement who shall be satisfactory to the School.

4.4The School shall in no circumstances be liable either to the Training Provider or to such personnel in respect of any cost, expense, liability loss, or damage occasioned by such removal and the Training Provider shall fully indemnify the School in respect of any claim made by such personnel.

4.5The Training Provider shall ensure that all staff engaged in the delivery of the Programme have undertaken an Enhanced Disclosure & Barring Service Check and the Training Provider shall provide the School Representative with details of individual registration numbers for all staff likely to be engaged in the provision of the Programme concerned and ensure this information is updated as required;

4.6Where the Training Provider has previously received an enhanced Disclosure & Barring ServiceCheck then the Training Provider shall provide written evidence of this satisfactory check to the School before the Commencement Date and the School shall decide whether it is necessary to carry out another enhanced check.

4.7The Training Provider shall ensure that in the event of a positive disclosure on any member of staff employed in the delivery of the Programme, which is unacceptable to the School, that the Training Providing shall forthwith remove such employee from the provision of the Programme and shall immediately provide a replacement if necessary. If the Training Provider fails to comply with this requirement the School shall be entitled to terminate this Agreement with immediate effect;

4.8The School shall in no circumstances be liable to either the Training Provider or to the employee in respect of any liability, loss or damage occasioned by such removal pursuant to clause 4.7and the Training Provider shall fully indemnify the School against any claim made by such employee;

4.9The Training Provider shall ensure compliance with the Data Protection Act 1998 when making any disclosures required under this clause 4;

4.10Subject to the Government Review announced on 16 June 2010, the Training Provider must adhere to the requirements under the Vetting and Baring Scheme including, where appropriate, the registration of all staff engaged in the delivery of the Programme to the Independent Safeguarding Authority.

5.Obligations of the School

5.1In consideration of the delivery of the Programme to the Pupils, the School shall:

5.1.1ensure that the Training Provider has all the necessary information regarding the Pupils in order to properly provide the Programme, in accordance with the provisions of Schedule 2;

5.1.2monitor and review the provision of the Programme in accordance with Schedule 3;

5.1.3subject to the Training Provider complying fully with its obligations under this Agreement,pay all valid invoices except where an invoice is under dispute as detailed in Schedule 4.

5.2The School shall upon receiving reasonable notice comply with any reasonable request by the Training Provider for assistance with an inspection by any statutory inspection body to which the Training Provider is obliged to undertake.

6.Financial Arrangements

6.1Subject to the Training Provider having complied fully with its obligations under this Agreement the School shall pay the Fee to the Training Provider in accordance with Schedule 4.

6.2The Fee shall be exclusive of VAT. Any VAT payable by the School shall be payable at the rate and in the manner for the time being prescribed by law. All VAT charges must be shown separately in any invoice clearly identifying what it relates to.

7.Recovery of Sums Due to the School

Whenever under this Agreement any sum of money shall be recoverable from or payable by the Training Provider to the School the same may be deducted from any sum then due or which at any time thereafter may become due to the Training Provider under this Agreement or any other contract between the Parties.

8.Child Protection

8.1The Parties shall comply with the School’s safeguarding policies and shall each provide each other with a copy of their respective Child Protection Policies from time to time in force.

8.2Where an investigation into a child protection issue is carried out, the School shall instigate action under the “South West Safeguarding and Child Protection Group Procedures”. A copy of which can be obtained from the School upon written request.

9.Statutory Obligations

9.1The Training Provider shall comply with all European and domestic statutory and regulatory requirements where relevant to the Programme and shall indemnify the School against all actions, claims, demands, proceedings, damages, costs, charges and expenses whatsoever and howsoever arising in respect of any breach by the Training Provider of this clause 9.

9.2The Training Provider shall at all times comply with the requirements of the Health and Safety at Work Act 1974, the Management of Health and Safety at Work Regulations 1992 and all other statutory and regulatory requirements and the School’s policies and procedures relating to health and safety and shall upon request provide the School with a copy of the Training Provider’s risk assessment under any of the forgoing.

9.3The Training Provider shall at all times comply with and take reasonable steps to secure the observance of employees and the requirements of the Disability Discrimination Act 1995, the Sex Discrimination Act 1975 and the Race Relations Act 1976, the Equal Pay Act 1970, the Employment Equality (Sexual Orientation) Regulations 2003, the Employment Equality (Religion or Belief) Regulations 2003, the Employment Equality Regulations 2006, the Equality Act 2006 and the Human Rights Act 1998 and all other statutory and regulatory requirements (all as amended from time to time) and the School’s policies and procedures relating to equal opportunities available on request from the School.

9.4The School shall supply to the Training Provider the necessary information regarding a Pupil with disabilities, medical requirements or behavioural difficulties in order to ensure the health, safety and welfare of that Pupil and the other Pupils on the Programme and also to allow the Training Provider to make the necessary adjustments/arrangements to allow the Pupil to participate on the Programme in accordance with Appendix 1.