CHILDREN’S CENTRE LEAD AGENCY AGREEMENT
Between Hertfordshire County Council
Acting through its ChildrenSchools and Families Department
And
<Provider>Area: <Code/Name>
For the provision of
Children’s Centre Lead Agency: Pre-Designation Agreement
This Agreement is made up of 3 parts:
PART AThe Conditions of the Agreement
PART BThe Service Specification
PART CThe Monitoring Arrangements
Agreement Number: / <Ref>
CONTENTS
Clause No / Title of Clause
1. / Purpose of the Agreement
2. / Authorised Representatives
3. / Duration
4. / Status of this Agreement
5. / Interpretation and Application Law
6. / Provision of Services
7. / Management and Staffing including Volunteers
8. / Observance of Statutory Requirements
9. / Equal Opportunities and Equalities
10. / Health and Safety
11. / Insurance and Indemnities
12. / Audit
13. / Local Government Ombudsman
14. / Confidentiality
15. / Notification
16. / Complaints
17. / Whistleblowing
18. / Sub contract and Assignment
19. / Disputes
20. / Force Majeure
21. / Waiver
22. / Price and Payment
23. / Termination of this Agreement
24. / Monitoring
25. / Human Rights Act
26. / Variation of this Agreement
27. / Data Protection
28. / Freedom of Information
29. / Third Party Rights
30. / Intellectual Property
31. / Remedies for Poor Performance
32. / Transfer of Undertaking
33. / Jurisdiction
34. / Definition of Terms
Part B / Service Specification
Part C / Monitoring Arrangements
Appendix 1 / CRB
PART A: CONDITIONS OF AGREEMENT
AGREEMENT
between
Hertfordshire County Council acting through its ChildrenSchools and Families Department
Integrated Children’s Services 0-13 Team
Room 147, County Hall
Hertford,
SG13 8DF
(known as “the Council” hereafter)
and
Provider
Add1
Add2
Add3
Postcode
(known as “the Provider” hereafter)
1PURPOSE OF THE AGREEMENT
1.1This Agreement relates to the role of the Lead Agency in ensuring the delivery of the core requirements to achieve DCSF Children’s Centre Designation by March 2010.
1.2The detail of this Service is as set out in part B The Service Specification
2AUTHORISED REPRESENTATIVES
2.1The Council shall appoint a Contract Manager to administer this Agreement. The Council’s Contract Manager shall exercise the functions allocated to him under this Agreement. The Council may, from time to time, remove and replace the Council’s Contract Manager. Such removals or replacements will be notified in writing to the Provider’s Authorised Representative
2.2The Council will require the Provider to provide in writing the name, telephone number and contact address for the Provider’s Authorised Representative who will be responsible for the smooth running of this Agreement. The Provider’s Authorised Representative must be empowered by the Provider to take all decisions in respect of this Agreement and must be available to the Council at all times
3DURATION
3.1The date on which this Agreement takes effect is 1st October 2008
3.2The duration of this Agreement is a maximum of 18 months and will end on 31st March 2010 unless terminated in accordance with Clause 20, 23 or 31.
4STATUS OF THIS AGREEMENT
4.1The parties to the Agreement intend that the Agreement be legally binding and each party warrants its ability to enter into the Agreement.
4.2Neither the Provider nor its staff shall in any circumstances hold itself or themselves out as being authorised to enter into any Agreement on behalf of the Council or in any way to bind the Council to the performance, variation, release of discharge of any obligation.
5INTERPRETATION AND APPLICABLE LAW
5.1This Agreement shall be governed by and interpreted according to the laws of England.
5.2Any reference to any Act of Parliament shall be deemed to include any amendment, replacement or re-enactment thereof for the time being in force and to include any EU Directives, bye-laws, licences, statutory instruments, orders, notices, directions or consents made thereunder or any condition attaching thereof.
5.3Where any party comprises more than one person the obligations and liabilities of that party under this agreement shall be the joint and several obligations of those persons.
5.4In this Agreement the masculine includes the feminine and the neuter and vice versa; the singular includes the plural and vice versa.
6PROVISION OF SERVICES
6.1The Provider shall provide the services in accordance with the terms and conditions of this Agreement including but not limited to Part B of this Agreement (The Service Specification) and the terms of the Agreement and shall exercise all reasonable skill, care and diligence in the performance and discharge of the Service.
7MANAGEMENT AND STAFFING INCLUDING VOLUNTEERS
7.1The Provider is responsible for its own internal management and financial procedures and for engaging suitable staff to ensure that the Services are delivered to agreed standards under proper management and supervision.
7.2The Provider’s staff, engaged in the provision of the Services shall be properly and sufficiently qualified, competent, skilled, honest and experienced in the provision of such services and shall at all times exercise care in the execution of their duties. The Provider shall monitor the employment of staff and volunteers, by ethnic origin, disability and gender
7.3The Council’s policy is that all staff and volunteers either working directly with children and young people or with access to information regarding service users, have satisfactory Enhanced CRB checks and references prior to appointment. This applies to all organisations that have an Agreement with the Council.
Where the Provider’s CRB checks are processed by an umbrella organisation other than the Council, the Provider must use the same criteria as the Council when deciding whether the outcome of the CRB check is satisfactory and that the individuals concerned are suitable to work with children and young people. Appendix One of this Agreement gives further guidance to ensure that the Provider makes appropriate judgements about CRB check outcomes. By signing this Agreement, the Provider warrants to assess the outcome of all CRB checks using the criteria listed in Appendix One.
The Council reserves the right to request additional CRB checks are carried out if there is any doubt about the outcome of any individual’s CRB check.
7.4The Provider will follow the recruitment and personnel procedures in accordance with the recommendations of the Warner Report.
7.5Any employee of the Provider whose conduct places a Service User at risk or might bring the Council into disrepute shall be the subject of immediate investigation by the Provider and dealt with to the reasonable satisfaction of the Council which might direct that the employee be removed from activities in pursuance of this Agreement.
7.6Employees of the Provider shall not solicit or accept inappropriate gratuity, tip or other form of consideration or reward from a Service User in connection with the provision of Services.
7.7For the purposes of the provision of Services under this Agreement the Provider‘s Contract Manager will be responsible for:
7.7.1the management and oversight of the whole Service
7.7.2audit and monitoring of the Service and reporting to the Council and other agencies as appropriate
7.7.3acting as a point of contact for the Contract Manager, ChildrenSchools and Families, Quadrants and colleagues from other statutory services
8OBSERVANCE OF STATUTORY REQUIREMENTS
8.1The Provider shall comply with all statutory and other provisions to be observed and performed in connection with the Services.
8.2Immediately upon becoming aware of the same the Provider shall notify the Council of any breach of any statutory or other provision relating in any way to the provision of or connected with the Service.
8.3The Provider will follow Hertfordshire’s Local Safeguarding Children’s Board procedures which will be provided by the Council’s Contract Manager to the Provider’s Contract Manager
9EQUAL OPPORTUNITIES & EQUALITIES
9.1In the performance of the Services, 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, belief, disability, sexual orientation, age, human rights or otherwise) in employment and shall have regard to other official guidance and code of practice in relation to promotion of equality in employment
9.2The Provider shall set out its policy on equality issues:
9.2.1in instructions to those concerned with recruitment, training and promotion;
9.2.2in documents available to its personnel, recognised trade unions or other representative groups of its personnel; and
9.2.3in recruitment advertisements and other literature
9.3The Provider shall, on request, provide the Council with examples of the instructions and other documents, recruitment advertisements and other literature.
9.4If any court or tribunal, or the Equality and Human Rights Commission (or any other Commission promoting equal opportunity) should make any finding of unlawful discrimination against the Provider, then the Provider shall immediately inform the Council of such a finding and the Council shall have the right to terminate this Contract if, having discussed the matter with the Provider, it is of the opinion that the actions of the Provider leading up to the finding were sufficiently serious as to undermine its compliance with clause 9.1 above.
9.5The Provider shall provide such information as the Council may reasonably request for the purpose of assessing the Provider’s compliance with Clause 9.4.
9.6In the event of any finding of unlawful discrimination being made against the Provider by any court or employment tribunal, or of an adverse finding in any formal investigation by the Equality and Human Rights Commission the Provider shall immediately inform the Council of such a finding and the Council acting reasonably shall have the right to terminate the Agreement if, having discussed the matter with the provider, is of the opinion that the actions of the Provider leading up to the finding were sufficiently serious as to undermine the Council’s adherence to the Equality and Human Rights Commission’s Code of Practice and its own equal opportunities policies.
9.7In the event that the Council does not exercise its right of termination under Clause 9.6 above, the Provider shall discuss with the Council the appropriate steps the Provider needs to take to prevent repetition of the unlawful discrimination, and shall provide the Council with details of any such steps taken.
9.8The Provider shall aim to ensure that everyone in the community is given full opportunity to benefit from the Services, volunteering and jobs the scheme provides. Exceptions to this shall exist only where services are designed for particular disadvantaged and vulnerable group(s) in accordance with legislation. No one will be discriminated against because of age, colour, disability, ethnic or national origins, race, gender, sexuality, marital status, political or religious beliefs or trade union activities.
9.9The Provider shall monitor the take-up of services and employment of staff and volunteers, by ethnic origin, disability and gender. This data is gathered in recognition that equality of opportunity and access to services and employment should lead to equality of outcomes.
9.10The principles are that the Provider will:
9.10.1provide Services that are equally accessible to all,
9.10.2value people and their differences and enable all volunteers and employees to achieve their full potential,
9.10.3ensure that policies and practices are in line with relevant employment legislation, anti-discrimination legislation and good practice guides,
9.10.4seek to recruit volunteers/staff, who reflect the make-up of the community,
9.10.5take action to address under-representation in their volunteers/staff, make clear the action volunteers/staff may take if they feel unfairly treated,
9.10.6provide training to relevant staff so they can put this policy into practice.
9.10.7provide equal access to all actual and potential users and volunteers, according to need.
9.10.8provide means for actual and potential users and volunteers to participate in planning the way their needs are met.
9.10.9ensure that information gained from equality data (e.g. from The Census) is fed into their own service planning processes.
10HEALTH AND SAFETY
10.1The Provider shall at all times comply with the requirements of the Health and Safety at Work, etc. Act 1974 (“the 1974 Act”) and any other Acts pertaining to the health and safety of employees and others who may be affected by the Provider’s acts or omissions and shall require that any providers carrying out work on the Council’s property pursuant to the Agreement likewise comply.
10.2The Council’s Contract Manager acting reasonably shall be empowered to suspend the provision of the Services in whole or in part, and recover any advanced payments made, in the event of non-compliance by the Provider with health and safety matters. The Council’s Contract Manager is empowered to make suitable arrangements for the carrying out of suspended Services at the cost of the Provider. The Provider shall not resume provision of the suspended Services until the Contract Manager is satisfied that the non-compliance has been rectified.
10.3The Provider shall ensure that all subcontractors or other authorised persons who make use the premises are aware of their Health and Safety Policy as it relates to the provision of the Service
11INSURANCE AND INDEMNITIES
11.1The provider is responsible for ensuring any subcontractor has appropriate cover as required in 11.2, 11.3 and 11.4.
11.2The Provider (either through purchase of HCC’s insurance schemes or otherwise) and any subcontractor shall indemnify the Council against and insure against any liability loss or claim or proceedings whatsoever, subject to industry standard policy terms and conditions, arising under any statute or at common law in respect of personal injury to or death of any person whomsoever arising out of or in the course of or caused by the execution of the Services specified herein due to the acts omissions or negligence of the Provider its servants or agents or subcontractors.
11.3The Provider (either through purchase of the Council’s insurance schemes or otherwise) and any subcontractor shall indemnify the Council against and insure against any liability loss or claim or proceedings whatsoever, subject to industry standard policy terms and conditions, arising under any statute or by reason of the execution of the Services to any property real or personal due to any negligence omission or default of the Provider its servants or agents or subcontractors
11.4The Provider (either through purchase of the Council's insurance schemes or otherwise) and any subcontractor shall maintain the following minimum insurance cover with an appropriate insurer and provide copies of the relevant insurance certificates to the Council:
11.4.1Public Liability £5 Million (any one incident)
11.4.2Employers Liability £10 Million (any one incident)
12AUDIT
12.1Subject to the Data Protection Act 1998 the Provider shall permit or procure permission for any auditor or other authorised representative of the Council (including the Council’s external auditors) to have access for audit purposes to information, including financial, premises or equipment used in the provision of the Services. Such access shall include those Staff of the Provider who are engaged in the provision of the Services.
12.2Access may be at any time without notice, provided there is good cause for access without notice and provided that the Council’s authorised representatives or its auditors shall comply with all reasonable requirements of the Provider for the purpose of protecting the confidentiality of the information of third parties and no information will be divulged to any third party save in pursuance of statutory obligations.
12.3The Provider shall provide such information, documents and reports in the form as may be reasonably required by the Council. This may include individual child and service level data as required by the Department of Health ‘Children in Need’ census or similar surveys conducted by the Council.
12.4The Provider shall maintain current and accurate records of all work carried out in the provision of the Services and shall ensure that these records shall be available for inspection by an authorised representative of the Council at all reasonable times.
12.5The Provider shall not during the Agreement period dispose of, destroy or delete any Records relating to the Services without the prior approval of the Council in writing.
12.6Immediately upon expiry or termination of this Agreement for any reason whatsoever the Provider shall at the sole option of the Council either return to the Council in an agreed form timescale and location in Hertfordshire of all records or keep all records for a period of 7 years before they are destroyed
12.7The duties of the provider in Clause 12 shall be performed subject to the provider’s statutory obligations
13LOCAL GOVERNMENT OMBUDSMAN
13.1In the event of a complaint to the Commission for Local Administration in England (the Local Government Ombudsman) involving activities the subject of the Agreement, the Provider shall give to the Council and to the Local Government Ombudsman every assistance in the investigation of the complaint including access to records of any sort and access to the Provider’s employees for the purpose of interview.
13.2The Council will recover from the Provider’s Children's Centre funding any payments made by the Council to a complainant following a relevant finding of maladministration causing injustice or any payments made under the terms of an early settlement of a complaint made to the Local Government Ombudsman without formal investigation and report. Before any complaint made to the Local Government Ombudsman is settled early without formal investigation or report, the Council will consider all representations made to it by the Provider.
13.3Notwithstanding the provisions of Clause 13.2 above, the Council shall deal with each Provider on an individual basis and the Council reserves the right to recover from the Provider payments made to a complainant on a case by case basis.
14CONFIDENTIALITY
14.1Save to the extent prohibited by Freedom of Information Act 2000, the Provider and the Council shall keep confidential information obtained under the Agreement, and shall not divulge the same to any third party without the consent in writing of the other party, and the Provider shall place the same obligations on his or her subcontractors.
14.2The Provider and the Council shall only divulge confidential information to those employees who are directly involved in the Agreement, and will ensure that such employees are aware of, and comply with, these obligations as to confidentiality, and the Provider shall place the same obligations on his or her subcontractors
15NOTIFICATION
15.1If the Provider or any of its staff become aware of any incident, accident or other matter which may give rise to a claim or legal proceedings in respect of the provision or failure to provide the Services he shall notify the Contract Manager immediately in writing. Such notification shall include all relevant information to enable the Council’s Contract Manager to investigate the matter fully.