GENERAL TERMS & CONDITIONS OF...

CHILDREN’S SERVICE

FORM OF TENDER FORTHE PROVISION OF

UNIVERSAL YOUTH WORK

COMMENCEMENT OF CONTRACT: 1st September 2015

NAME OF COMPANY

ADDRESS

Closing date for the receipt of this tender is12 (noon) on Monday 15th June 2015

Before which time no tenders will be opened. Any tender received after the closing date will be rejected.

DUDLEY METROPOLITAN BOROUGH COUNCILTENDER FOR UNIVERSALYOUTH WORK

SECTION ONE

1.INDEX

When you are viewing these documents in the 'My Tender' section of the web site it will show there are three parts to the tender document. Please ensure you read all documents and instructions carefully.

Section One Pages 1 - 27 Invitation, General Conditions of Contract, Special Conditions of Contract, Specification and Evaluation Criteria

Section Two Price Schedule (Return of this section is mandatory. Please ensure that it is returned with your submission in Excel format). This section will need to be downloaded to your server for completion.

Section Three Questionnaire (Return of this section is mandatory)

Uploading Documents for Return

Before you submit your response please ensure you upload Section Two (Price Schedule) for return along with the Questionnaire.

Please ensure you allow adequate time before the closing time and date to upload documents and complete the Questionnaire when making your submission. Documents may be uploaded prior to the completion of the Questionnaire to mitigate the risk of being timed-out of the system. Please be aware although the In-tend system is a web browser based system you are advised not to attach individual documents exceeding 10 Megabytes as the time taken to upload a file of this size may result in you being timed-out of the system. Compressed files may be uploaded to reduce the size of your documentation.

Documents should be uploaded in common formats such as Microsoft Word or Adobe .PDF unless a specific file type is requested. Tenderers should consult with the project lead detailed in point 9 if in doubt.

2. INVITATION TO TENDER

Tenders are invited for the provision of the Service as specified in this document for the period commencing 1/9/15 to 31/3/17.

3. SUBMISSION OF TENDER

a) Tenders must be returned no later than 12.00noon on 15 th June after which point no Tenders may be accepted.

b) The Tender document duly completed must be returned via Intend Dudley MBC’s e-tendering website:

An electronic receipt will be generated by the website confirming submission of Tender.

Tenders should be uploaded and submitted as instructed on the e-Tender website. Submission by any other method, such as the website correspondence function or via the document storage function, is not acceptable and will invalidate your Tender.

Additional information requested in the tender that cannot be attached via the e-Tender website should be returned in hard copy to Amanda Grove, 7 St James Road, Dudley, DY1 1HP in a clearly marked envelope stating ‘Supplementary Information in relation to THE PROVISION OF UNIVERSAL YOUTH WORK. The contents of the envelope should also clearly state the Contractors name, address and telephone number. Please ensure that this information is not received at the above address before the tender closing date.

Any Tender received not complying with these requirements will be rejected.

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c) All other correspondence should be directed as follows:

i) All correspondence should be directed via the e-tender website: www.blackcountrybusiness.co.uk

ii) Clarification questions regarding the content of this documentation and/or the requirements of the Council should be received no later than three working days prior to the return date below. This will assist the Council in ensuring that all relevant information can be collated and issued with sufficient time for Applicants to consider the information in their submission. Questions submitted within three working days of the return date may not receive a response before the final deadline for submission.

Please note that any points of clarification in relation to the Contract must be directed via In-Tend (the Council’s electronic tendering website). Any clarification questions received by any other method will be requested to be re-sent via this method.

A copy of these questions and responses will be sent to all organisations which have expressed an interest in this contract via the Clarifications facility.

Applicants will receive a notification email of any Clarifications issued, however Applicants are strongly advised to review this area of the website regularly to ensure that information is not missed.

iii) All other written correspondence should be addressed to: As point 3 (b)

d) Contractors are required to complete in full:

i) The Questionnaireii) The Insurance Certification Form (question 48 to 54 in Questionnaire)iii) The Acts of Corruption Declaration (question 54 to 57 in Questionnaire)iv) The Declaration (questions 58 to 64 in Questionnaire)

When returning this Tender via the e-tender website please ensure that ALL sections shown above are attached. If you are unable to return any information via the web site please contact Procurement, Contract Management & Creditor Services.

e) Tenderers shall not make any changes to the document set as issued by the Council. Please use the Questionnaire, to highlight any comments you have about the document set. Any attempt to change the contents of the document set as issued by the Council, including any Terms and Conditions, for the purpose of submitting the Tender is not acceptable and will not form part of the Tender.

f) Use Schedule Q to highlight any proposed alternatives you may suggest to the Specifications, and to include any additional information which may have a bearing on your Tender. DO NOT write on the Tender document other than in the spaces provided. Where Tender documents have been specifically requested in hard copy format, correction fluid must not be used during completion. You may attach an additional document named ‘Schedule Q’ if the Questionnaire does not allow enough space for your additional information.

g) Tenders may be submitted for all or any of the sections, but should state clearly if one offer is dependent on the acceptance of another.

h) Acceptance by the Council will only be made by written instruction to the successful Contractor by an authorised agent of the Council.

4. ACCEPTANCE OF TENDERS

The Council does not bind itself to accept the lowest or any Tender and reserves the right to accept a Tender either in whole or in part, for such Services as specified in the Invitation to Tender, and for such place or places of delivery as it thinks fit.


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http://www.blackcountrybusiness.co.uk/

5. CONTRACT MANAGEMENT

The Council is moving to greater online management of its contracts in an effort to streamline the process and improve the auditability of contractual and supplier performance.

The Council is also now obligated to publish details of its contracts online in an effort to achieve greater transparency in its contractual relationships. This requirement has been placed on the Council by the Department for Communities and Local Government.

Should the Contractor(s) be successful, Procurement, Contract Management & Creditor Services will be publishing the details of the contract to In-Tend.

The Council is required to publish the following documentation;

i) Contract Terms & Conditionsii) Contract Specification (usually embedded in the Terms & Conditions document)iii) Schedule of Goods/Services

The Council will publish further details of the successful Contractor(s) in an effort to stimulate business to business relationships and generate supply chain opportunities.

Other elements of the contract between the Council and the Contractor(s) will remain solely between the two parties based on their confidential nature. This will be viewable by the Contractor(s) in the secure area of In-Tend.

Contractor(s) will also be required to ensure that their account is as up to date as possible with the relevant documentation required by the contract i.e. Insurance certification, Health & Safety Policies.

In-Tend will also act as the hub for communication between the Council and the Contractor(s) over the life of the Contract and Contractors are therefore encouraged to direct all future correspondence accordingly.

Contractor(s) performance will also be assessed via In-Tend through KPI questionnaires completed internally. The results of these will be communicated to the Contractor(s) as necessary.

It is the responsibility of the Contractor(s) to fully engage with this initiative to ensure its success.

Training and support is available for the Contract Management area of In-Tend by calling the System Administrator on 01384 814862, or email [email protected]

6. SCOPE OF REQUIREMENTS

Specifications are stated in broad terms but everything necessary shall be supplied to enable the performance of the Contract.

7. PAYMENTS

The Councils method of payment to the successful Contractor would be by way of the Bank Automated Clearing System (BACS) the Contractor would be expected to provide the necessary details for this if they were awarded the Contract.

If this form of payment would be unacceptable to the Contractor this should be stated in the submission. Contractors should note that if they wish to be paid by cheque any additional costs that would be incurred by the Council in using this form of payment would be taken into account in evaluating the bids.

8. BUSINESS CONTINUITY

The Council is required under The Civil Contingencies Act 2004 to ensure that Contractors providing services and supplies to enable the Council to provide essential support to the community are able to maintain Provision of Service and delivery of Goods in the event of an emergency.

To meet this requirement Contractors need to identify the key risks to their business and advise what measures have been put in place to mitigate disruption in the event of an emergency. Please see Questionnaire, Question No. 37


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mailto:[email protected]

9. FURTHER INFORMATION

If you require any further information on the service required within this Tender, please contact Amanda Grove, Head of Youth Service, telephone (01384) 815174, e-mail address [email protected]


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GENERAL TERMS & CONDITIONS OF SERVICE

1. DEFINITIONS

In the Contract (which will be made by the acceptance of a Tender either in whole or in part)

a) the expression “The Contractor” means the person, firm or company whose Tender is accepted. b) the expression “The Service” shall mean the provision of any service required by the Council to

be provided by the Contractor as specified in the Contract.c) the expression “The Council” means the Metropolitan Borough Council of Dudley. d) the expression “The Contract” shall mean the Invitation to Tender, the documents referred to

therein, the General and Special Conditions of Contract, the Specification and Price Schedule(s). Where the General Conditions and Special Conditions of Contract are inconsistent the Special Conditions of Contract shall prevail.

e) the expression “The Authorised / Nominated Officer” shall mean the representative of the Council.

f) the expression “Cover Pricing” shall mean a situation where one or more bidders collude with a competitor during a tender process to obtain a price or prices which are intended to be too high to win the contract, giving a false impression of the level of competition which may result in paying inflated prices.

g) the expression “Bid Rigging” shall mean a situation where one or more bidders collude with a competitor to decide who should win a contract in a competitive tender process.

h) the expression “Cartel” shall mean any agreement between businesses not to compete with each other.

and the Contract shall be construed accordingly.

2. QUANTITIES

Any details of requirements stated are those which are estimated at the date of Invitation to Tender as the requirements of the Council, but are for evaluation purposes only and no warranty is given that such requirements will be included in the Contract. The Council cannot guarantee the volume of business this Contract will generate.

3. QUALITY AND INSPECTION

The Service to be provided under the Contract is to be of the quality or type as detailed in the Scope of Requirements, Specifications and Price Schedule(s), and shall correspond in every respect with the Council’s standard requirement (if any), (which shall, on the acceptance of the Tender by the Council, in such event become the standard requirement for the purpose of the Contract) and be such as the Council’s officers, duly authorised, shall approve.

Nominated Officers of the Council shall at all times have full power to inspect the Service in order to ascertain whether or not the Service conforms to the Contract. Without prejudice to any other right or remedy available to the Council, the Council may suspend provision of the Service or terminate the Contract if any such inspections reveal the Services do not conform to the Contract.

The Council shall be entitled to order the Contractor to carry out at his expense such tests as it considers necessary for ascertaining the quality of the Service and to certify that the Services comply with the Conditions of this Contract.

4. PROVISION OF SERVICE

a) Any items pertaining to the Service are to be delivered free of charge to the Council, and at the risk of the Contractor, in such quantities, to such locations, and in such manner as the Council’s Officers duly instructs. Authorisation for the provision of Service will be by either:

Official Purchase Order Purchase Card Central Distribution of Orders

Verbal orders must be accompanied by an Official Purchase Order Number and a ‘Confirmation Order’ will follow, Purchase Card orders will be accompanied by the required information i.e. card number, expiry date and name of the officer placing the order. The Council will not be liable for Services ordered in any other manner.


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b) Invoices quoting the Official Purchase Order, Delivery Note and PO Box Numbers and/or delivery address must be submitted in accordance with the Council’s Terms and Conditions.

All Invoices must be sent to the PO Box Number stated on the Official Purchase Order with the exception of Schools where invoices are to be sent directly to the School address unless otherwise instructed.

c) No invoice should be submitted to the Council if the transactions are undertaken using a Purchase Card.

5. VALUE ADDED TAX

The rates quoted shall exclude VAT. Prices will be chargeable with VAT where applicable.

6. BREACH /DEFAULT/TERMINATION

a) If the Contractor shall fail to deliver the Service, on or before the date and time specified, time shall be of the essence of the Contract, or shall supply a Service of unsatisfactory quality and the Contract is suspended or terminated pursuant to Clause 3, the Council without prejudice to any other remedy for breach of Contract it may have, shall be at liberty to terminate the Contract either wholly or in part by notice in writing taking immediate effect and to make arrangements for another Service of the same or similar description to be purchased from another Contractor to support the Council’s operation. The amount of any loss sustained by the Council shall be recoverable from and paid by the Contractor to the Council on demand forthwith.

b) The Council shall be empowered to cancel the Contract and recover from the Contractor the amount of any loss resulting from the cancellation if there is any evidence of or if the Contractor is found guilty of or if there is a finding by the OFT of any practice which is improper or corrupt. This clause includes such activities as inducements or gifts and acts prohibited by the Bribery Act 2010 and the Local Government Act 1972, sections 117(2) and (3) and practices contrary to the Competition Act 1998 and Article 81 of the EEC Treaty and for avoidance of doubt includes activities of Bid Rigging and Cover Pricing by the Contractor at Tender stage. The Council’s decision on these matters is final.

c) The Council shall be empowered to terminate the Contract provided that in the case of a remedial breach the Contractor shall have failed to comply with a notice served by the Council on the Contractor specifying the breach complained of and specifying a reasonable period for compliance herewith

i) If the Contractor commits a breach of any of its obligations under the Contract.

ii) If the Contractor becomes bankrupt, or makes composition or arrangement with his creditors, or has a proposal in respect of his company for the voluntary arrangements for a composition of debts, or scheme or arrangement approved in accordance with the Insolvency Act 1986, or any other circumstances which give the Council reasonable doubt over the financial stability of the Contractor.

iii) If the Contractor is not able to make transactions via the use of Purchase Cards six months after the commencement date of the Contract.

iv) If the Contractor fails to comply with the PCI DSS Standards in the treatment of Purchase Card transactions

v) If the Contractor fails to submit the mandatory retrospective rebate within the specified time.

vi) If the Contractor provides Services that are unacceptable to the Council.

without prejudice to any of its other remedies under this Contract and without prejudice to rights or remedies which shall accrue or shall have already accrued under this Contract, terminate this Contract by notice in writing taking immediate effect. Provided that in the case of a remedial breach the Contractor shall have failed to comply with a notice served by the Council on the Contractor specifying the breach complained of and specifying a reasonable period for compliance herewith.

d) If this Contract is terminated as provided in the above clause the Council shall:


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i) Cease to be under any obligation to make further payments due to the Contractor hereunder or otherwise from the Council until the costs, loss and/or damage to the Council resulting from or arising out of the termination of this Contract have been calculated and provided such calculation shows a sum or sums due to the Contractor.

ii) Be entitled to deduct from any sum or sums, which would, but for Clause 6d(i) have been due from the Council to the Contractor, under this Contract or to be entitled to recover the same from the Contractor as a debt, any loss or damage to the Council resulting from or arising out of termination of this Contract.

7. CARTEL

The Contractor shall not be a party to a cartel involving or including any commercial or other arrangement between individuals and/or corporations, which is intended or organised so as to share or control marketing arrangements or prices (whether or not that arrangement is a concealed or hidden commercial venture): and in the event of the Contractor being a party to such a cartel the Council shall be entitled to cancel the contract and to recover the amount of any losses, charges or costs which they may directly or indirectly sustain by reason of such a cancellation. For the avoidance of doubt any losses suffered by the Council as a consequence of a breach of this clause will be recoverable by the Council from the Contractor in full.

8. ENTITLEMENT TO CONTRACT

This is not an exclusive Contract and the Council has the right to contract with any person or persons firm or company other than the Contractor for the provision and delivery of a similar Service.

9. THE CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999

No term of this Contract is intended to be enforceable by a person who is not a party to this Contract.

The parties to this Contract may, by agreement, rescind or vary this Contract without the consent of any person who is not a party thereto.

10. ASSIGNMENTS AND UNDER LETTING OF CONTRACTS

The Contractor shall not assign or underlet the Contract or any part of it and shall not subcontract except with the written consent of the Council.

In the event of the Council consenting to the Contractor underletting or subcontracting the Contract or any part thereof it shall be a condition of such consent that the Contractor shall remain liable to the Council for any acts or omissions of the Subcontractor.

In the event of the Council agreeing to assign or underlet this contract assignees are asked to note that the Council will not accept any changes in these terms and conditions.

11. INDEMNITY

The Contractor shall indemnify the Council in respect of:

a) Any liability which may be imposed on the Council under any Act of Parliament or Common Law in respect of personal injury to any person, whether employed by the Council or not, occasioned by or in consequence of the performance of this Contract.

b) Any damage or injury to the property of the Council by the Contractor, his workmen, servants or agents.

c) Any damage or loss sustained by any person or organisation arising from the act, error or omission of the contractor, his workmen, servants or agents.

12. INSURANCE

The Contractor shall adequately insure against the following liabilities and shall complete the Insurance Certification Form (Questionnaire, question 48). If the principal Contractor uses Sub


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Contractors, the principal Contractor shall ensure that the Sub Contractor has the same levels of cover in place.

a) Public Liability

All Contractors shall be required to maintain public & product liability insurance to a minimum limit of indemnity of £5,000,000 for any one occurrence and in the aggregate in any one period of insurance in respect of product liability only.

b) Employers’ Liability

All Contractors with the exception of Sole Traders shall be required to maintain employers liability insurance to the statutory minimum of £5,000,000 for any one occurrence in respect of death, injury illness and disease to their employees.

c) It shall be the Contractors responsibility to ensure all insurance covers are maintained to the specified sums throughout the duration of the contract.

13. ROYALTIES AND PATENT RIGHTS

The Contractor shall fully indemnify the Council for any claim or action that may be brought against it regarding infringement of copyright, patent or similar protected rights in respect of any Service supplied under the Contract. All payments and royalties which may be payable shall be included by the Contractor in the prices stated in his Tender and shall be paid by him to the relevant persons.

14. DATA PROCESSING

With respect to the parties’ rights and obligations under this Contract, the parties agree that the Council is the Data Controller and that the Contractor is the Data Processor.

a) Data Protection

The Data Protection Act 1998 (“the Act”) became enacted in March 2000. By virtue of the seventh data protection principle contained in Schedule 1 of the Act, the Council is obliged to impose certain obligations of security regarding processing and secure storage of the data in relation to personal data upon its Contractors.

Pursuant to that legal requirement the Council require the Contractor to undertake the assurance as set out below.

b) Assurance

The Contractor shall undertake to the Council to comply with the obligations of the Council under the provisions of the Seventh Data Protection Principle, as set out in Schedule 1, Part 2 of the Act as regards any personal data process in servicing this Contract. The Contractor shall;

i) Warrant and undertake to; Have appropriate technical and organisational measures in place to protect any

personal data accessed, processed and stored by the Contractor against; unauthorised or unlawful processing of personal data; accidental loss or destruction of, or damage to, personal data held or processed by the Contractor and that the Contractor shall ensure these measures are acceptable to the Council, and appropriate to the harm which might result from any unauthorised or unlawful processing, accidental loss, destruction or damage to the Personal Data and having regard to the nature of the Personal Data which is to be protected

Take all reasonable steps to ensure the reliability of employees which will have access to personal data processed during this Contract

Confirm that the Contractors employees employed or engaged during this Contract are vetted and recruited on a basis that is equivalent to, or no less than, a recognised industry standard


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Take all reasonable steps to ensure that no employees of the Contractor publish, disclose or divulge any of the Personal Data to any third party unless directed in writing to do so by the Council

Provide training on a continuous basis for all employees of the Contractor or those engaged in this Contract in compliance with the requirements of the Data Protection Act 1998

Provide a written description of the technical and organisational methods employed by the Contractor for processing Personal Data (within the timescales required by the Council where requested to do so)

ii) Undertake that the Contractor shall at all times during the currency of the contract; act only on the Council’s instructions, which may be specific instructions or instructions of a general nature as set out in this Contract or as otherwise notified by the Council to the Contractor during the Term of the Contract, in relation to the processing of any personal data provided to the Contractor by the Council and further;

Process the Personal Data only to the extent, and in such manner, as is necessary for the provision of the Service or as is required by Law or any Regulatory body

Obtain prior written consent from the Council in order to transfer the personal data to any Sub-Contractors or Affiliates for the provision of the Service

Not process Personal Data outside the European Economic Area without the prior written consent of the Council and, where the Council consents to a transfer, to comply with;

o The obligations of the Council under the Eighth Data Protection Principle set out in Schedule 1 of the Data Protection Act 1998 by providing an adequate level of protection to any Personal Data that is transferred; and

o Any reasonable instructions notified to the Contractor by the Council

Ensure that all employees of the Contractor required to access the Personal Data are informed of the confidential nature of the Personal Data and comply with the obligations set out in these Terms and Conditions

Notify the Council (within five working days) if it receives:o A request from a Data Subject to have access to that person’s Personal Data;

oro A complaint or request relating to the Council’s obligations under the Data

Protection Legislation

Provide the Council with full cooperation and assistance in relation to any complaint or request made, including by;

o Providing the Council with full details of the complaint or requesto Complying with a data access request within the relevant timescales set out in

the Data Protection Legislation and in accordance with the Council’s instructions

o Providing the Council with any Personal Data it holds in relation to a Data Subject (within timescales required by the Council); and

o Provide the Council with any information requested by the Council

iii) Undertake at all times during the currency of the Contract; to allow the Council, or authorised representative (subject to reasonable and appropriate confidentiality undertakings), to inspect and audit, in accordance with ISO/IEC 27002:2005 as a basis for auditing compliance, data processing and security activities, (and/or those of its agents, subsidiaries and Sub-Contractors). Further, to comply with all reasonable requests or directions by the Council to enable the Council to verify and/or procure that the Contractor is in full compliance with its obligations under this Contract.

iv) Undertake at all times during the currency of the Contract; to consider all reasonable suggestions which the Council may put to the Contractor to ensure that the level of protection provided for personal data is in accordance with this agreement and to make changes suggested unless the Contractor can demonstrate, to the Council’s satisfaction, that they are not necessary to ensure ongoing compliance with the Warranty and Undertaking in b), i).


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v) Undertake that at the cessation of the Contract all personal data held by the Contractor will be returned to the Council in a format to be agreed.

c) Security Requirements

The Contractor shall undertake at all times during the currency of the Contract to comply, and procure the compliance of its employees, with an Information Security Policy acceptable to the Council. Where requested, the Security Policy should be sent to the Council’s Principle Information Security Officer for approval.

d) Malicious Software

i) The Contractor shall undertake at all times during the currency of the Contract to use the latest versions of anti-virus definitions available (from an industry accepted anti-virus software vendor) to check for and delete Malicious Software from the ICT environment

ii) If Malicious Software is found, the Contractor and Council shall co-operate to reduce the effect of the Malicious Software and, particularly if Malicious Software causes loss of operational efficiency or loss or corruption of Council data, and assist each other to mitigate any losses and to restore the Services to their desired operating efficiency. Any cost arising out of the actions of the parties taken in compliance with the provisions of this clause, shall be borne by the parties as follows;

By the Contractor where the Malicious Software originates from the Contractor software, the Third Party software or the Authority Data (whilst the Council Data was under the control of the Contractor); and

By the Council if the Malicious software originates from the Council software or the Council Data (whilst the Council Data was under the control of the Council)

e) Warranties

The Contractor shall undertake for the duration of the Term of the Contract that all employees used to provide the Services will be vetted in accordance with good industry practice and the Information Security Policy.

f) Confidentiality

i) Except to the extent set out in this clause or where disclosure is expressly permitted elsewhere in these Terms and Conditions, each party shall;

Treat the other party’s Confidential Information as confidential (and safeguard it accordingly); and

Not disclose the other party’s Confidential Information to any other person without the owner’s prior written consent

ii) This clause shall not apply to the extent that; Such disclosure is a requirement of Law placed upon the party making the disclosure,

including any requirements for disclosure under the Freedom of Information Act (FOIA) and the Environmental Information Regulations (EIR)

Such information was in the possession of the party making the disclosure without obligation of confidentiality prior to its disclosure by the information owner

Such information was obtained from a third party without obligations of confidentiality Such information was already in the public domain at the time of disclosure otherwise

than by a breach of this clause It is independently developed without access to the other party’s Confidential

Information

iii) The Contractor may only disclose the Council’s Confidential Information to employees who are directly involved in the provision of this Service and who need to know the information, and shall ensure that such employees are aware of and shall comply with these obligations.

iv) The Contractor shall not, and shall ensure that employees do not, use any of the Council’s Confidential Information received otherwise than for the purposes of the Contract

(When required and at the written request of the Council, the Contractor shall procure those employees identified as having access to the Council’s Confidential Information, sign a confidentiality undertaking prior to commencing any work in accordance with the Contract)


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v) Nothing in the Contract shall prevent the Council from disclosing the Confidential Information of the Contractor;

To any consultant, contractor or other person engaged by the Council or any person conducting a review

For the purpose of the examination and certification of the Council’s accounts; or For any examination pursuant to Section 6(1) of the National Audit Act 1983 of the

economy, efficiency and effectiveness with which the Council has used its resources

vi) The Council shall use all reasonable endeavours to ensure that any Government department, employee, third party or Sub-Contractor to whom the Confidential Information of the Contractor is disclosed pursuant to v) above is made aware of the Council’s obligations to confidentiality.

vii) Nothing in Section f) 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 use does not result in a disclosure of the other party’s Confidential Information or an infringement of Intellectual Property Rights.

g) Freedom of Information

The Contractor shall acknowledge that the Council is subject to the requirements of the Freedom of Information Act (FOIA) and the Environmental Information Regulations (EIR) and shall assist and cooperate with the Council to enable the Council to comply with its information disclosure obligations.

i) The Contractor shall and shall procure that any Sub-Contractors shall; Transfer to the Council all Requests for Information that it receives as soon as

practicable and in any event within two working days of a Request for Information Provide the Council with a copy of all Information in its possession, or power in the

form that the Council requires within five working days (or such other period as the Council may specify) of the council’s request; and

Provide all necessary assistance as reasonably requested by the Council to enable the Council to respond to the Request for Information within the time compliance set out in Section 10 of the FOIA or Regulation 5 of the EIR

ii) The Council shall be responsible for determining in its absolute discretion and notwithstanding any other provision in the Contract or any other agreement whether Commercially Sensitive Information and/or any other information is exempt from disclosure in accordance with the provisions of the FOIA or the EIR.

iii) In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Council.

iv) The Contractor shall acknowledge that notwithstanding the provisions of section g) above the Council may be obliged under the FOIA or the EIR to disclose information concerning the Contractor or the Contract;

In certain circumstances without consulting the Contractor Following consultation with the Contractor and having taken their views into account

provided always that where Section g) applies, the Council shall take reasonable steps, where appropriate, to give the Contractor advanced notice, or failing that, to draw the disclosure to the attention of the Contractor after any such disclosure.

v) The Contractor shall ensure that all information is retained for disclosure and shall permit the Council to inspect such records as requested from time to time.

vi) The Contractor shall provide a schedule of what the Contractor believes is Commercially Sensitive Information and acknowledge that the commercially Sensitive Information listed within the schedule is of indicative value only and that the Council may be obliged to disclose it in accordance with Section g) above.

h) Council Data

i) The Contractor shall not delete or remove any proprietary notices contained within or relating to Council Data.


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ii) The Contractor shall not store, copy, disclose, or use the Council Data except as necessary for the performance of the Contract or as otherwise expressly authorised in writing by the Council.

iii) The Contractor shall take responsibility for preserving the integrity of Council Data and preventing the corruption or loss of Council Data.

iv) If Council Data is corrupted, lost or sufficiently degraded as a result of the Contractor’s default so as to be unusable, the Council may;

Require (at the Contractor’s expense) to restore or procure the restoration of Council Data

Itself restore or procure the restoration of Council Data, and shall be reimbursed by the Contractor any reasonable expenses incurred in doing so

v) if at any time the Contractor suspects or has reason to believe that Council Data has, or may become, corrupted, lost or sufficiently degraded in any way for any reason, the Contractor shall notify the Council immediately and inform the Council of the remedial action the Contractor proposes to take.

i) Breach of Warranties or Undertakings

Breach of any of the above warranties and undertakings relating to the Data Protection Act 1998, the Freedom of Information Act 2000 or the Environmental Information Regulation 2004 will entitle the Council to review the current data processing arrangements and determine whether to terminate the Contract pursuant to Clause 6.

15. VOLUNTARY TRANSPARENCY NOTICES

The Contractor should be aware that as a result of this Contract the Council is required to publish all transactions under the arrangement greater than or equal in value than £500.00 unless it falls within a redacted group of transactions and publication would be in breach of existing law and/or would compromise national security.

The final decision on what is published lies at the sole discretion of the Council.

16. STATUTORY OBLIGATIONS UNDER THE EQUALITY ACT 2010

a) The Contractor shall adopt a policy to comply with its statutory obligations under the Equality Act 2010 and accordingly will not discriminate against, harass or victimise people on the basis of the protected characteristics of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex, and sexual orientation where these apply to employment or the provision of services.

b) The Contractor shall observe the Equality and Human Rights Commission’s statutory code of practice on employment, or any variation or any amendment thereof, which provides a detailed explanation of the Equality Act 2010 and the responsibilities of employers.

c) The Contractor shall provide such information as the Council may reasonably request for the purpose of assessing the Contractor’s compliance with the clauses 16a) and 16b).

d) Without prejudice to Clause 16 a), the Contractor shall at all times observe a policy of avoiding unlawful discrimination in employment and in relation to the provision of services on the basis of the protected characteristics of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex, and sexual orientation where these apply and shall in all respects comply with the requirements of the Equality Act 2010 and all statutory modifications or re-enactment thereof and all associated statutes, Regulations or codes of practice.

e) The Contractor is required to:

co-operate with any investigation or proceedings concerning alleged contravention of equality legislation in performing the contract;


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indemnify the Council in the case of any finding under equality legislation arising out of the Contractor’s and Sub-contractors acts or omissions; and

impose the same obligations on any Sub-contractor. Where the Contractor’s staff work on the Council’s premises, or alongside its employees, they shall comply with the Council’s employment and equality policies.

provide such information as the Council may reasonably request for the purpose of assessing the Contractor’s compliance with Clause 16

17. HUMAN RIGHTS ACT 1998

The Contractor shall in relation to the performance of his obligations under this Contract be contractually bound to the Council to act in a way which is consistent with the obligations of a public authority under the Human Rights Act 1998.

18. PRE RECRUITMENT & SAFEGUARDING CHECKS / DISCLOSURE & BARRING SERVICE

For the purposes of this contract it is the responsibility of the Contractor to ensure that the appropriate level of Disclosure and Barring Service (DBS) check is undertaken including where relevant the appropriate DBS Barred list check(s), in compliance with legislation and regulations in force at the time, for those engaged in undertaking duties under this Contract. This includes employees, workers, agents (and others). Additionally, should the services of Agency workers be required to implement the service, the Agency must provide evidence to the Contractor that the appropriate DBS check has been undertaken., including where relevant the appropriate DBS Barred list check(s), for these workers. To be able to carry out DBS checks the Contractor’s organisation must become a registered body, or contact an umbrella body. For further information please contact the Disclosure & Barring Service (DBS) direct on (0870) 90 90 811.

Prior to engaging any person in or about the provision of the Service the Contractor shall to the full extent permitted by law:

a) require that person to disclose all convictions andb) make searches in respect of that person in all appropriate records of convictions open to the

Contractor (and in particular the Disclosure & Barring Service)

and shall in considering such an engagement have due regard to all convictions disclosed or revealed, in accordance with legislation and regulations in force at the time.

Any delays with DBS disclosures must not be used as a reason for non-compliance.

The Contractor should acknowledge that it is the sole responsibility under this contract to ensure that DBS checks are undertaken as above and indemnify the Council against all actions, claims, damages and costs and the like arising either directly or indirectly from either failure of the Contractor to carry out such checks or the engagement of inappropriate persons following the carrying out of such checks. Please see Questionnaire, Question No. 30.

19. AGENCY

Neither the Contractor nor its employees shall in any circumstances hold itself or themselves out as being the servant or agent of the Council.

20. EXERCISE OF RIGHTS

All rights granted to either of the parties shall be cumulative and the exercise by either of the parties of any right under this Contract shall not restrict or prejudice the exercise of any other right granted by this Contract or otherwise available to it.

21. WAIVER

The failure by either party to enforce one or more of the terms and conditions of the Contract shall not affect the right of either party to subsequently enforce all terms and conditions of this Contract.


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22. SEVERANCE

If any provision of this Contract is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable the parties shall amend that provision in such reasonable manner as achieving the intention of the parties without illegality or at the discretion of the Council it may be severed from this Contract.

23. AUDIT ACCOUNTING CONTROLS

The Treasurer has a responsibility in law to ensure that arrangements for the proper administration of the Council’s financial affairs are made. The Council’s financial activities are subject to regular scrutiny and are expected to meet certain prescribed standards.

The Contractor must adhere to similar high standards of financial controls and administration in its financial systems and accounting arrangements in connection with this Contract and to supply such financial information as may be required by the Treasurer.

The Treasurer reserves the right for the Council’s internal and external auditors to have access to the Contractor’s financial records in connection with this Contract, as required, to verify the information so provided or for any purpose necessary for the Council to perform its statutory functions.

The Contractor shall, if required by the Treasurer, provide audited statements detailing financial transactions relating to the Contract. The Treasurer, will specify the content, form and frequency of the statements required.

24. HEALTH & SAFETY

All Services provided by the Contractor under this Contract shall comply with the requirements of the Health & Safety at Work Act 1974 and all other applicable legislation.

In particular the Contractor shall ensure, so far as is reasonably practicable, that all youth work provided are so designed and delivered as to be safe and without risks to health when properly used and that adequate information about the design and delivery of he activity is supplied to ensure, when properly delivered, activity will be safe and without risks to health.

The Contractor shall also ensure that all work undertaken by its employees or representatives for, or on behalf of, the Council is undertaken in a way that ensures, so far as is reasonably practicable, the health, safety and welfare of Council employees, the Contractors employees and any other person affected by the work. This shall as a minimum include, where appropriate, suitable and sufficient assessment of risks; the provision of suitable health surveillance; provision of information, instruction, training and supervision and adequate monitoring, inspection and review of arrangements as well as suitable provision for the implementation of any identified corrective actions.

The Contractor shall, on request, provide evidence to the satisfaction of the Council, of the health, safety and welfare arrangements in place.

25. SMOKE FREE REGULATIONS

The Contractor shall use reasonable endeavours to ensure that his employees, subcontractors and agents and their employees and any other person engaged directly or indirectly by him in the performance of this contract shall comply with part 1 of the Health Act 2006 thereby ensuring that premises, places and vehicles which fall within the provisions of the Act are smoke free.

In the event of a contravention of the Act the Contractor shall forthwith remove the person who has caused the contravention by smoking and replace him/her with a replacement person with sufficient education and/or training and experience to fulfil the obligations of the Contractor under the Contract. In the event of a breach of this clause (and in this respect breach shall mean two or more contraventions in any 12 month period) the Council shall be entitled to terminate this contract by giving to the Contractor 28 days notice in writing to expire at any time.

Smoking will be allowed as long as the employee is a minimum of 15 metres from entrances and exits to Council buildings.


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26. WHISTLE BLOWING

Pursuant to The Public Interest Disclosure Act 1999 Contractors shall inform the Council immediately of any serious concerns about any aspect of Council work including procedures and /or individuals working for and on behalf of the Council.

Any disclosure made to the Council will be treated in the strictest confidence.

All disclosures should be made to the Dudley MBC Head of Audit Services, Mr L Bradshaw (01384 814853).

27. BRIBERY ACT 2010

Contractor(s) are required to ensure that they have robust policies and procedures in place to prevent acts of bribery by itself; its employees or any third party undertaking work with, for or on behalf of the Contractor(s).

For the avoidance of doubt, bribery is an act or inducement to advantage another person with the intention of persuading that person to act improperly or in contravention of known and unknown accepted behaviour. This is applicable in instances of both offers and requests to subvert normally acceptable levels of conduct.

Without prejudice to the remedies permitted by the Bribery Act 2010, the Council reserves the right to terminate this contract pursuant to Clause 6 – Breach/Default/Termination and the Proceeds of Crime Act in the event that the Contractor(s) is found to be in breach of statutory legislation.

Where acts of corruption are suspected, payments to the Contractor(s) may be suspended until such time as satisfactory assurance can be provided to the Council of no wrongdoing.

Under the EU Public Procurement Directive, any Contractor(s) convicted of offences related to bribery will be excluded from the tendering process immediately. Should the Contractor(s) subsequently submit a Tender to the Council it will be rejected.

Where a Contractor becomes aware of breaches of the Act by a Council employee or agent acting on behalf of the Council, the Contractor is to notify the Dudley MBC Head of Audit Services pursuant to Clause 26 – Whistle blowing.

28. COMPLAINTS TO THE OMBUDSMAN

In respect of any complaint which is referred to the Local Commissioner for Local Government (The Ombudsman) by virtue of Part III of the Local Government Act 1974, concerning any matters dealt with by the Contractor, the Contractor will undertake to provide information and co-operate fully with the Council and the Local Commissioner at every stage in the consideration of the complaint at no cost to the Council.

The Contractor shall reimburse to the Council any sum, which the Ombudsman requires to be paid to a complainant as a result of a finding of maladministration attributable to the Contractor. In any case where the Contractor is only responsible in part for a finding of maladministration against the Council, the Contractor shall be required to reimburse to the Council an appropriate proportion of the sum payable to the complainant such proportion to be determined by the Council in its absolute discretion. Any sum to be reimbursed to the Council under this paragraph shall be paid by the Contractor within 28 days of receipt or written notification to do so.

29. NOTICES

Any notice to be served on either of the parties by the other shall be sent by prepaid recorded delivery or registered post or by electronic mail or fax and shall be deemed to have been received by the addressee within 48 hours of posting or 24 hours if sent by electronic mail or fax.

Each of the parties shall give notice to the other of the change or acquisition of any address or telephone, electronic mail, fax or similar number at the earliest opportunity but in any event within 48 hours of such change or acquisition.


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30. VARIATION OF CONDITIONS

Notwithstanding any other of the Clauses in this Contract no deletion from, addition to, or variation of the Clauses shall be valid or have any effect unless agreed in writing and signed by the parties.

These Conditions of Contract shall have precedence over any printed condition appearing on any acceptance form, delivery form or other documents or letter emanating from the Contractor.

31. CONTINUOUS COMPLIANCE

It is the responsibility of the Contractor(s) to notify the Council immediately, in writing of any changes in circumstances from those at the commencement of Contract that are likely to affect Service provision to the Council for the duration of this Contract.

The Council MUST be notified of any of the following changes;

a) Diminished financial stability such as reduction in credit ratingb) Inability to obtain insurances to the cover levels indicated in Clause 12 – Insurancesc) Health & Safety breaches which result in issue of a Prohibition Notice against the Contractord) Claims against the Contractor for breach of its obligations under the Equalities Acte) Breaches of the Data Security Act 1998 or any compromise of confidential information

belonging to the Council f) All other operational circumstances that is likely to interrupt service of the Council’s

requirements

The Contractor shall take remedial steps commensurate with the severity of the risk posed to the Council to ensure continued Service provision.

The Council reserves the right to consult with whatever relevant persons/professional bodies or conduct any necessary site visits, with qualified persons present as appropriate, to satisfy itself that the Contractor has taken steps to rectify the incident(s).

If the Council is unable to satisfy itself that the Contractor is able to continue the Contract whilst maintaining expected operational levels it retains the right to terminate the Contract pursuant to Clause 6 – Breach/Default/Termination.

32. COPYRIGHT

Copyright in the Contract documents shall vest in the Council but the Contractor may obtain or make at its own expense any further copies required for use by the Contractor in the performance of the Contract.

Failure to comply with this clause may result in prosecution or civil proceedings against the Contractor.

33. ERRORS IN TENDER DOCUMENTS SUBMITTED

Where arithmetic/calculations errors are identified and corrected the Contractor shall be advised in writing of the individual errors and the effects on his tender total (for evaluation purposes) including any consequential impact on percentage based contingency sums and the Contractor shall be given the opportunity to stand by the corrected tender or withdraw his tender.

34. LAW

The Contract shall be construed in all respects in accordance with English Law and shall fall within the jurisdiction of the English Courts. Nothing in these conditions shall prejudice any condition or warranty (expressed or implied) or right of remedy to which the Council are entitled in relation to the Service ordered by virtue of statute or common law.

All legislation referred to in this Tender document shall include any subsequent modifications, amendments and re-enactments thereof.


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35. SOLICITOR REGULATION AUTHORITY

In accordance with point 7.10 of the Solicitor Regulation Authority's (SRA) Code of Conduct, the Contractor shall permit the SRA or its agents to obtain access to its premises in order to inspect information in its possession, including electronic records, in relation to the activities and functions of the Authority's Legal Department.

36. WHOLE AGREEMENT

Each party acknowledges that this agreement contains the whole agreement between the parties and that it has not relied upon any oral or written representation made to it by the other or its employees or agents.


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SPECIAL CONDITIONS

1. Further to the return of your pre Qualification Questionnaire (PQQ) and Presentation on Monday 29th June 2015 (if shortlisted) of your vision for ‘Universal Youth Work’ your Organisation has been included in our select list for the above contract

Please confirm that the information provided in your PQQ remains valid in its entirety and that no variation to this information has taken effect during the intervening period since its submission to Dudley MBC. Please see question 2 in the Questionnaire.

2. It is the Councils intention to award this contract to a number of organisations to provide a service to the young people of Dudley MBC.

3. Your organisation must bear all costs associated with the bidding process itself, including attendance at clarification meetings and any visits to your organisations premises (if required)

4. This contract will be reviewed quarterly. A detailed review report will be required by the Council 12 months from the start of the Contract. The contract will also be reviewed at other times through Monitoring and Review meetings which will required in accordance with Specification, Clause 7

5. The indicative 18 month budget available for the Universal Youth Work will be up to a maximum of £158,000. Allocation per township is provided in the specification. Please submit your most competitive offer which will be considered in line with the evaluation Criteria outlined on pages 25 to 26

6. The Organisation shall maintain current, accurate and adequate records of all employees paid or unpaid who are engaged in connection with the provision of the service. The Organisation shall also maintain current and accurate records of all work carried out under the Contract. All such records shall be open for inspection by the Council at all reasonable times.

If requested to do so by the Council, the Organisation shall provide information considered relevant by the Council whether in relation to its staff or otherwise. This is to permit the Council to furnish any prospective Organisations with the necessary information for tendering purposes at the end of the contract. Any information must enable the Council to meet its obligations required to ensure that the Council is not in breach of any of its duties or obligations (statutory or otherwise).

Such information provided pursuant to the above shall be at no cost to the Council and shall be provided as soon as practically possible following request, or at a date agreed with the Organisations Manager.

7. Dispute Resolution

All disputes between the Organisation and the Council arising out of or in connection with this Contract of the performance of the Services by the Organisation or any failure by the Parties to agree any matter in this contract shall be referred to a Monitoring and Review meetings in accordance with Specification Clause 7

If after one calendar month of the date of the meeting, the dispute cannot be resolved by the Parties representatives, the concerns will be referred to a meeting of the relevant Chief Officer of the Directorate and the Director of the Organisation.

If after one calendar month of the date of the meeting of the Chief Officer and the Director of the Organisation, the dispute cannot be resolved, the concerns will be resolved by referral to the relevant Strategic Director and the Chairperson of the Board of the Organisation.

Services to be carried out under this Contract shall not cease or be delayed by this dispute.

8. Gratuities

The Organisation shall ensure that no Staff solicit any gratuity or tip or any other form of money taking or reward from Service Users.


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9. Quality and Inspection

The Organisation will have in operation quality systems as agreed with the Council prior to the start of the contract.

The Organisation will have in operation a Quality Control System consistent with standards approved by the Council. This will include processes for the inspection of the service and for identifying measures for improvement. Service inspection and monitoring procedures should be tailored to meet the needs of the Service.

The Organisation shall establish and maintain their own continuous process of quality control and such arrangements shall be submitted for the prior approval of the Council.

If the Organisation is in receipt of a complaint from Service Users or comments referring to dissatisfaction, the Organisation will inform the Council immediately to discuss further and agree such action to resolve such matters. The Organisation shall record the details of any such correspondence/communication received and notify the Council within 48 hours.

The Councils Nominated Officer reserves the right to visit the Organisations premises with or without notice. The Council reserves the right to audit source data relating to the services provided. The Organisation shall make all relevant records available for inspection upon receiving reasonable notice.

The Organisation will be required to seek Service Users views on their service every 12 months by issuing a questionnaire or another appropriately accessible method of communication. The format will be agreed by the Council prior to issue. All contact must be recorded in writing and held on Service Users files.

The Organisation shall supply the Council annually and at any other time within 14 days of request a copy of the Organisations Annual Report and Accounts and Insurance Policies.

10. Price

The Organisation must ensure that the costs submitted in the Price Schedule fully includes but is not limited to the following;

Staff and recruitment processes

Staff training as required to meet the minimum for Youth Work Workforce Development Standards.

Staff support and development.

Quality control of the Service

The efficient management and administration of the Contract which meets the requirements detailed in the Scope of Requirements.

Nominated Officer time to work collaboratively with the Council.

Capacity to keep updated with national and local developments in matters relating to the delivery of this Service and to update and amend policies and procedures accordingly.

11. Breach Default Termination

This Contract may in any case be terminated by either party by giving 3 months written notice to the other at any time.

12. Protection of Young People

When requested by the Council on reasonable grounds the Organisation shall, following reasonable notice, make available to the Council records of all Staff and volunteers in the provision of the Service.

The Organisation shall ensure that all Staff and volunteers are subject to a valid enhanced disclosure undertaken through the Disclosure and Barring Service. The Organisation shall abide by any subsequent legislation such as the Barring Scheme. The Organisation warrants that at all times for the purpose of the Contract it has no reason to believe that any Staff and volunteers are barred from


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providing the Service under the Safeguarding Vulnerable Groups Act 2006 or other legislation which may come into force from time to time.

The Organisation shall ensure that where a conviction is revealed by a disclosure or otherwise, such staff and volunteers shall not be used in the provision of the Service without prior written permission of the Organisation. This will require a risk assessment that is made available to the Council upon request.

The Organisation must ensure that all staff and volunteers are fully aware of relevant policies and trained in respect of the protection of children and any concerns relating to individuals must be immediately reported to the Council.

The Organisation employment systems shall accord with the Councils policy on checking criminal records and the Organisation shall on request supply to the Council such information as it may reasonably require to ensure that its employment systems do so accord.

The Organisation must maintain their own Safeguarding Children Policy with a process for reporting concerns or safeguarding issues which complies with the Dudley MBC Safeguarding Children Policy. When Safeguarding procedure or Investigation is invoked it is essential that the Organisation attend all associated meetings if invited to do so.

Appropriate recording mechanisms must be maintained by the Organisation. The Organisation must keep detailed and accurate records regarding Service Users.

Any safeguarding issues must be reported immediately to the Council. This may be the Duty and Assessment Teams or Emergency Duty Team dependant on the time of day.

13. Complaints

The Organisation will set out clear procedures for dealing with complaints. These procedures must ensure a written record of all complaints is kept along with the response and record of any action taken. This record is to be available for inspection by the Council upon request.

The Organisation should ensure that young people in receipt of the Service are made aware that they may access the Councils complaints procedure if they so choose.

The Organisation is required to participate in all complaints investigations within the timescales specified by the Council.

14. Marketing Information

The Organisation must ensure that their Service provision is listed in the Family Information Service and that the details are accurate. It is also expected that promotional materials identify the support of Dudley MBC and include the Council logo.


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SPECIFICATION

1. BACKGROUND

A review of all services comprising integrated youth support has been undertaken. The main aim was to explore integration of the services to provide a more coherent, streamlined model of delivery. This will need to be sustainable and effective in providing services to young people in an appropriate and timely manner.

The Youth Service is a part of integrated youth support and will contribute towards the remodelling of this agenda. The Integrated Youth Support ‘offer’ will prioritise targeted youth work with vulnerable young people living within the Dudley borough.

To improve outcomes for vulnerable young people To reduce demand for specialist services Emphasis on targeted work

In addition there will be ongoing and developing support to local voluntary and community groups in order that they have the capacity to provide universal youth provision and respond to emerging priorities at a local level.

The local authority will cease to deliver statutory universal youth work at the end of March 2015. Instead it will look to commission local providers to address identified gaps in provision through the development of new groups and activities.

2. SERVICE PRINCIPLES

Universal youth work intervention will support the outcomes of a targeted programme and compliment an offer under early help thus contributing to early identification and de-escalation of need.

Universal youth work, also known as open access youth work, is available to all young people wishing to participate. The principles underpinning it are;

Young people choose to take part Young people are treated with respect The work will develop young people’s skills and attitudes Will help young people develop positive relationships Young people will respect and value differences Will promote the voice of young people.

3. CONTEXT3.1 National

The provider will be required to meet national legislation and guidance and will have to demonstrate their ability to contribute to key strategies.

Services and activities to improve young people’s health and well-being – Education and Inspection Act 2006

Article 1 of the United Nations Convention on the Rights of the Child. Safeguarding duties and practices as identified by the Council

3.2 Local

Dudley Metropolitan Borough Council is developing the vision for the integrated youth support service adopting a cohesive, coordinated and cost effective model of delivery which covers multi agency agendas and priorities.

There are 34,808 young people aged 11 – 19 years residing within Dudley and details relating to person and lifestyle are recorded in;Census 2011Public Health England – Dudley Health Profile 2014Schools Health Education lifestyle survey 2012All about Dudley


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In 2012 Dudley Youth Service mapped positive activities available to young people aged 11+ within the borough. This was subsequently updated in 2014. The exercise enabled the local authority to assess sufficiency of provision and identify gaps in the offer in order to meet the statutory duty.

The analysis was reported on by township with information on sessions/activities broken down into activity type, nature of provider and day and time of provision. Behind the analysis sits a list of identified providers.

Sports and active leisure dominates the type of activity provided and there are a good number of voluntary sector providers, faith groups and uniformed organisations. The majority of sessions will be time limited and structured around the activity as opposed to person centred.

The analysis of gaps in provision, youth population and borough deprivation has informed the allocation of commissioning funds on a township basis.

4. SERVICE SPECIFICATION – Areas for delivery

4.1 Below are the areas of service delivery expected under the Universal Youth Work Service contract.

The service will provide the following:

a) A youth work curriculum that raises young people’s awareness of issues relating to their health and emotional wellbeing with a clear contribution towards arts and culture.

b) Partnership working to identify funding opportunities to provide enhanced universal youth work support.

c) Build links with colleagues in the Council and the wider voluntary and community sector in order to build sustainability and outcomes.

d) Appropriate referral of young people into the Early Help Offer in order to ensure additional support for need associated with vulnerability.

e) Information, support and signposting to other youth provision within the borough and the acceptance of referrals where universal provision will enhance targeted support.

f) Provision within a location with very limited or no existing universal youth work

g) A service within the most deprived ward(s) within the borough.

h) Activity at a minimal cost to young people and includes holiday programmes.

4.2 The Organisation will lead on the delivery of the following areas

a) The Organisation will be expected to consult with young people as they develop the areas of work

b) The Organisation will be expected to share knowledge and demonstrate strong partnership work at a day to day operational and strategic level.

c) The Organisation will be expected to work closely with the Dudley MBC Integrated Youth Service as part of providing seamless services to young people across the borough and ensure that officers from DMBC are fully briefed on issues that arise.

d) The Organisation will, in partnership with the Commissioner, develop and/or pilot innovative practice projects where appropriate and as funding allows.

e) The Organisation will need to be fully aware of opportunities to ensure that they signpost and refer young people on to other relevant services.

5. SERVICE USERS

5.1 Criteria for Receiving Service


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Any young person aged 11 to 18 years at the time of accessing the Service

Any young person living within the borough of Dudley

Priority will be given to any young person residing within the neighbourhood in which the Service is offered

The Young Person must wish to participate in the Service.

5.2 Referral Mechanism

The Service will operate an open door policy accepting referrals from any source including self referral

A decision will be made at the initial point of contact if it is a suitable referral

The Organisation will operate both refusal of entry and suspension of membership only after having agreed the criteria with the Council prior to Service commencing.

The Organisation will have a previously agreed behaviour policy that is clearly displayed and known to the young people

6. SERVICE TO BE PROVIDED

Services will be provided locally and at locations that are accessible and welcoming to young people.

Once a service is offered an updated risk assessment of the activities provided will be undertaken by the Organisation in accordance with the Council requirements.

The onsite risk assessment will be completed annually and every activity taking place off site will be risk assessed prior to taking place.

Each location/project/service will be provided to a minimum of 100 Dudley Young People per year.

The Organisation will provide a range of activities that are appropriate to the needs of the young people, evening and/or weekend clubs, residential experiences and holiday activities.

The activities will be varied, addressing a breadth of interest, providing challenge and being age appropriate.

The activities on offer will be available to all young people attending the service.

Charges will be reasonable and responsive to individual family circumstance and realistic.

7. MONITORING & REVIEW

7.1 A quarterly Contract Monitoring meeting will be established and ad hoc Review Meetings whennecessary. These performance management meetings will be co-ordinated by the Commissioner and will include the Organisations Senior Service Manager and additional representatives including young people.

The Commissioners representative will make at least 1 formal quality assurance site visit per year and informal ad hoc visits as and when.

The Senior Service manager will submit a written report to the quarterly Contract Monitoring meeting and a full report at the end of a business year. This will include a plan for the coming period.

A detailed monthly attendance data return with names and addresses of young people will be provided to the Commissioner by the end of the first week of each subsequent month.

Measures

7.2 Below are the areas that the Organisations quarterly performance will be measured against:

The Organisation will produce a quarterly report which will include information on:


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a) Numbers of young people referred into the Early Help offer for additional support.b) Number of hours of service offered per weekc) Number of activities provided per monthd) Activities broken down into typee) Number of young people involved in each session broken down by age, gender, ethnicity and

postcodef) Total number of young people accessing the service (reach)g) Number of above returning at least three times in a year (participation)h) Number of young people with an identified and recorded learning outcomei) Use of the budgetj) Paid and volunteer hours per monthk) Summary of feedback/evaluation by young people.

7.2 Performance Targets

The Organisation will be expected to significantly contribute to the continuous improvement in overall outcomes for Dudley’s young people. Below are a set of performance targets to measure the service and to be reviewed at quarterly Contract Monitoring meetings.

The organisation will report on the following;Reach – minimum of 100 young people per yearParticipation – 15% of the reach figureRecorded learning outcomes – 30% of the participation figure

Annual targets within these performance targets will be set as part of the contractual process.

The Organisation will maintain a database to bring together information giving a clear picture of provision and future need.

The Organisation will produce a full annual and project report.

7.3 Quality Assurance

The Organisation will comply with the Council quality assurance process as relates to quality youth work. This will include assessment visits to the provision by the designated ‘Intelligent Client’. Subsequent feedback and recommendations will be addressed through the implementation of an assessment action plan.


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EVALUATION CRITERIA

1. INTRODUCTION

The evaluation of Tenders for this Contract will be based on a value assessment approach, which enables the Council to assess a Tender against a number of criteria.

2. WHOLE LIFE EVALUATION

Consideration will be given to sustainable development as part of the evaluation process. General whole life matters will be taken into account throughout the whole evaluation.

The Council will reject any submissions that in the opinion of the Council:

Do not satisfy Council requirements Do not meet the service specification are unrealistic in terms of Value for Money fails to demonstrate adequate financial stability of the Tenderer to undertake the requirement

as specified fails to demonstrate adequate Health & Safety provisions commensurate with the nature of

the Contract fails to demonstrate adequate safeguarding provisions commensurate with the nature of the

Contract

Tenders will only be assessed if they demonstrate compliance with the above criteria. The following are the key criteria against which the Contractor’s submission will be assessed:

Criteria Areas for consideration % Weighting of Sub Criteria

% Total WeightingApplicable

Economic Value for Money – comprising; 50%

X50%

Total Value of Tender Bid

Administration (including ability to report electronically)

Customer satisfaction

Appropriate breadth of activity offered

Cost per head per young person

Total numbers (reach)

Business Continuity 30%

External funding opportunities for sustainability

Repeat client numbers (participation)

Regeneration – comprising 20%Opportunities to support young peoples’ skills development (recorded learning outcomes)Opportunities to develop further volunteering

Social Equal Opportunities 20%

X50%

New users recruitment strategy

Service users reported against protected characteristics

Conditions of Employment 20%

Clear enhanced DBS checks on all staff paid and voluntary

Strategy to address workforce skills and experience

Working Conditions 20%

Ratios of staff to young people

Insurances

Strategy to address health and safety compliance

Human Rights 20%Provision and practice references UN Convention on the Rights of the ChildWorking with 3rd Sector and statutory partners 20%

Strategy to develop networks and efficiency


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3. SCORING OF CRITERIA

The Council will use a scoring system for evaluating responses to questions as follows. The scoring will then be weighted to the key criteria as above.

Score Scoring Principles

0 Rejected – Applicant has failed to supply sufficient information to fully assess the answer(s) provided or there is a failure to properly address any of the salient issues.

Sole submission of, or reference to, policy document(s), demonstrating no attempt to tailor responses to the requirements of the Council will be considered unacceptable.

Obvious copying of wording from/or submission of standard corporate documents not addressing specific Dudley MBC requirements.

1 – 2 Very Poor – The Applicant has failed to address most of the issues, where the lack of detail or relevant evidence requires the reviewer to make assumptions.

3 – 4 Poor – The evidence provided is deficient in certain areas and contains a great deal of ‘corporate speak’ demonstrating a failure to fully understand the requirements of the Council.

5 – 6 Satisfactory – The evidence is acceptable but with reservations. The response deals only with processes or output, failing to fully address both areas.

7 - 8 Good – The evidence provided closely meets the expectations of the Council. Evidence to support claims is present but there is a failure to fully explain how the Applicant will transfer skills and experience to the benefit of the Council.

9 - 10 Excellent – The Applicant has answered the question(s) fully and has provided evidence to support claims. The evidence demonstrates clear benefits to the Council and the service provision of the User Directorate.

4. EVALUATION PROCESS

The evaluation process will consider all relevant submitted evidence and written information provided by the Tenderer, in relation to the specific requirements as set out within the Tender Document.

It may be necessary for members of the Tender Evaluation team to visit the Tenderer’s premises to examine support processes in operation and to visit appropriate reference sites.

The evaluation process will consider all relevant submitted evidence and written information provided by the Organisation, in relation to the specific requirements as set out within this Document.

At the sole discretion of the Council, selected Organisations may be invited to present and demonstrate details of their submission and to allow clarification of particular points.

Members of the evaluation panel may conduct a site visit as part of the evaluation process to examine support processes in operation to satisfy themselves of your organisation’s ability to service this contract and ensure the products you are able to supply meet with the Council’s requirements.

Financial Appraisals/tt/file_convert/5e2f2745b3ad0169eb0be98c/document.doc

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Each company will be subject to a financial appraisal of their relative stability in the first instance. Failure to demonstrate adequate financial soundness for the undertaking of this contract will result in rejection of the submission and will not be scored further.

Dudley MBC undertakes rigorous checks of all companies who would supply Goods or provide Services to the Council. For the avoidance of doubt a typical financial check will include the following;

i) Full Credit Check using the Council’s credit checking service over a period of three years to establish trends or significant changes. The Council currently uses Experian Business Express.

ii) Reserves, Net Worth and Working Capital will be analysediii) Auditor comments on the Accounts will be taken into considerationiv) Group structure will also be reviewed.

All information provided to the Council should be the most recent available; financial information that is too old will not provide sufficient evidence to the Council to judge future likely stability. The Council normally requires the two most recent years information.

Please ensure that you include at least two years audited accounts with your submission or where this is unavailable a signed statement of turnover.

For the avoidance of doubt, Tenderers must submit two years full Profit and Loss accounts and Balance Sheets.

Newly incorporated companies who do not hold such information will be considered separately at the point of evaluation.

All checks are proportionate to the value and risk of each contract.

Management of Health and Safety arrangements The Council requires a written statement of general policy with respect to health and safety at work that is signed by an appropriate Senior Manager, and dated. The Council will assess compliance and competence in the management of Health and Safety arrangements and will expect to see evidence including, as a minimum,

1. Roles and responsibilities2. Risk Assessments3. Information, instruction and training for employees4. Accident recording, investigation and reporting5. Health and Safety monitoring and review mechanisms

Should your Tender be successful, further evaluation of Health & Safety arrangements specific to elements of the work to be undertaken may be required. These must also be deemed acceptable before specific work or projects will be awarded.

General Note on Assessments

It should be noted that the Council will not pursue outstanding documentation more than twice following submission of Tenders. Failure to submit requested information within the timeframes stipulated will be deemed as non-existence and the whole Tender rejected accordingly.

Further Appraisal

Upon passing these initial tests and using the scoring principles outlined above, a score will be given to each area detailed in the Evaluation Criteria.

Scores for each section will be added together and pro-rated to the weighting given to that section.

Weighted scores will then be added together to produce a Total Score.

Contingent upon the quality of the submissions received a short-list will be established.

Please note that all scores given will be comparative to the requirements of the Council and the quality of equivalent answers provided in other submissions.


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SECTION TWOPRICE SCHEDULE

Document should be uploaded as a separate Excel spreadsheet or other appropriate format.


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SECTION THREEQUESTIONNAIRE

The standard Questionnaire sits within the In-Tend e-procurement portalhttps://in-tendorganiser.co.uk/blackcountry


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https://in-tendorganiser.co.uk/blackcountry

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