Drupal - Intranet for Oxford City Council 071212 - South East ...

olivinephysiologistInternet and Web Development

Dec 5, 2013 (3 years and 9 months ago)

82 views

1

Business Improvement and Technology


Oxford

Town Hall


Direct Line:
01865 25
2346


St. Aldate’s



Fax:

Oxford OX1 1BX

E
-
mail:
ddarch
@oxford.gov.uk



Central Number: 01865 249811











05 December 2013

Our ref:


Your ref:



Dear
Tenderer,

Opportunity to tender for the provision

of
design, development and training
in Drupal in suppo
rt of the creation of a new Intranet for Oxford City
Council
.


Oxford City Council is seeking suitably experienced organisations to provide
design, development and training support for the City’s internal IC
T team as they
develop a new Intranet to be built using Drupal.


This document details
our statement of requirement
followed by instructions for
submitting a tender.


This contract is being openly advertised via the South East Business Portal.


I look fo
rward to hearing from you.



Yours Faithfully



Deborah Darch





Contact:

Deborah Darch MCIPS


Contracts and
Procurement
Supplier
Development
Officer



2

Section 1

Statement of Requirement
s


Background


The Council is seeking suitably experienced organisations to provide design,
development and training support for the City’s internal ICT team as they develop
a new Int
ranet to be built using Drupal.


This important project will be managed through a project board and the
consultancy and design will be managed by the PM reporting to this board.


The design element will require the provision of an overall look and feel fo
r the
intranet that will need to be signed off by a number of stakeholders. There is an
existing design using Drupal that may meet the need. Estimated effort 5md.


The development element will involve the creation of the intranet using Drupal
and associate
d tools (PHP, SQL). This will be done in conjunction with City ICT
staff, so staff working on the development of the site will be expected to work at
the Town Hall. Estimated effort 15md
.


The training element is to ensure that the nominated City ICT staff

have the
knowledge and skills to maintain and enhance the Intranet once it has gone live.
Some training/skills transfer will take place during the development phase.
However it is anticipated that some formal ‘classroom’ training will also be
required. Es
timated effort 5md
.


Key details for the project are as follows:


Planned Start Date: February 2013

Planned End Date: April 2013


Estimated Quantity:

25 days mix of design, development and training.


It is our
intention to hold interviews w/c 14th
January
2013 and
we will inform
those selected
by
Friday 11
th

January 2013.


All questions relating to this tender are to be raised via the portal

however you
may also direct queries to
Gary Thomas, Chief Technology Manager



email
gthomas@oxford.gov.uk


or telephone
01865 232220






3

Section 2


Instructions for completi
ng and submitting your tender


Please answer all the questions as accurately and concisely as possible or mark
those not applicable ‘N/A’ and provide

an explanation.


All a
nswer
s

are

to be

in English
. Response boxes
can be

expand
ed

to
accommodate your answers
.

I
f necessary
continue on a separate sheet where
space

/ layout

on this form is restrictive.


The Council reserves the right not to accept the l
owest or any
tender

and to
not
award a contract. The cost of preparing any tender submission is wholly the
responsibility of the Tenderer
.


The closing date for receipt of the completed
response

is
noon

on
Monday 7
th

January 2013
.


All

tender r
esponses
mus
t be submitted

via the

South East Business Portal
.


Please note that the
C
ouncil will not consider late returns.


The
C
ouncil will award the contract on the basis of the most economically
advantageous
proposal

but reserves the right not to award the contra
ct to the
lowest or any contractor.


Please ensure that Appendix A (Declarations) has been completed and signed.





















4

Section 3

Tender
Response


Please complete all sections fully.


1.

Please provide
organisation details and key
contact
de
tails

in the event of
queries arising in relation to this pricing document.


Company Name:


Contact Name:


Address:






Telephone
Number:


Email Address:



Brief Organisation Details:






2.

Please complete the table below detailing turnover for
the last t
wo

financial years

and provide a copy of the last audited accounts
.


Financial year

Total Annual turnover
(£)

Profitability (as % of
turnover before tax)







Registered Address




Company Registration Number (if
applicable)



The Council
w
ill

carry out a credit check on your organisation

as part of the
assessment of suitability
.


3.

Please provide details of all insurance cover currently in force.


Insurance

Insurer

Policy No

Cover (£)

Renewal
Date

Public Liability





5

Min £5,000,000

Emp
loyers Liability





Professional
Indemnity






4.

Please provide details of two references from existing clients in the last
three years that are relevant to the Authorities requirement.



Reference 1

Reference 2

Company Name and
address:






Con
tact name:

Phone number:

Email address:



Company Website
address:



Date contract awarded:



Date contract completed:



Value of contract (£):



Brief description of
contract:



If you cannot supply at
least one reference,
please briefly explain
why
:



5.

Please
provide full details of
y
our proposed approach for working with the
Council

if you are successful.






6
.

Please provide
CVs of all relevant personal that are proposed to work on
this project and confirm their availability during this per
iod.








6

7
.

Please provide a
t least 2 case studies of similar Drupal Intranet projects
you have managed, preferably including one for a public body.







8
.

Please
give details of your staff turnover and expla
in how your pay rate
meets our Living Wage Policy
.






9.

Please
detail your financial proposal

(to include all expenses)
.



Description

Quantity

days / hours

Day Rate

Total £



£

£



£

£



£

£



£

£

Sub

Total


£

£

VAT


£

£

Total


£

£



10.

Pleas
e state any assumptions made
:
















7

Evaluation Criteria


The evaluation criteria
will be used
to evaluate the tender s received

and select a
supplier to award the contract to.


The evaluation criteria is as follows
:


Weighted selection criteria (
out of a possible 100%)

Question

Criteria

Weighting

1

Organisation

No weighting

2

Accounts / turnover

3

Insurance

4

Reference
s

10
%

5

Proposal

15%

6

CVs of all relevant personnel

10
%

7

Case studies

20
%

(10% each)

8

Staff turnover / living wage p
olicy

5
%




Pricing

9

Overall Proposal

40%


Total

100%

Scoring Framework

The scoring framework below will be used to evaluate submissions.



Score

Acceptability

Participant response demonstrates

0

Unacceptable

The information is either omitted or
fu
ndamentally unacceptable to the Council.

Less than 20% of
available mark

Poor

The information submitted has insufficient
evidence that the specified requirements can
be met.

Up to 40% of available
mark

Fair

The information submitted has some minor
omiss
ions against the specified requirements.

Up to 60% of available
mark

Satisfactory

The information submitted meets the
Council’s requirements.

Up to 80% of available
mark

Very good

The information submitted provides good
evidence that the specified requir
ements can
be met.

Up to 100% of available
mark

Outstanding

The information submitted provides strong
evidence that the specified requirements can
be met.

8

Appendix A


Declarations



The Council has a number of legal obligations. Please tick the boxes
below
and sign to confirm your acceptance




Please confirm that you have not canvassed or solicited any
member, officer or employee of the council in connection with this
quotation.


Please confirm that you have not colluded with any other person
(pers
on, body or association corporate or incorporate) in relation to
this quotation.


Please confirm that the information supplied in this document is
accurate and complete and that no gift or offer of a gift or
consideration as an inducement or reward has be
en made to any
member of the council.


The Council is subject to Freedom of Information requests under the
Freedom of Information Act. Please confirm that if you consider any
of the information in this quotation to be of a sensitive nature you
have advis
ed us of such sensitivity and the reasons for its sensitivity.


The Council under the Transparency Agenda must publish all spend
of over £500 in a single transaction. Please confirm your
understanding that
information not exempt from disclosure under the

Freedom Of Information Act is not confidential information



Please confirm that your organisations directors or any other person
who has powers of representation, decision of control has not been
convicted of conspiracy, corruption, the offence of bribe
ry, fraud,
money laundering or any other offence within the meaning of Article
45(1) of the Public Sector Directive



Organisation Name



Signed



Position



Date








9

Appendix B


OXFORD CITY COUNCIL

STANDARD TERMS AND CONDITIONS OF CONTRACT

FOR THE

PURCHASE OF GOODS AND SERVICES


CONTENTS



1.0

Definitions

................................
................................
...............................

4


2.0

General

................................
................................
................................
....

4


3.0

Conditions Applicable

................................
................................
...............

4


4.0

Price and Payment

................................
................................
...................

5


5.0

The Goods / Services

................................
................................
...............

5


6.0

Warranties / Conditions

................................
................................
............

7


7.0

Delivery of Goods / Provision of Service

................................
..................

7


8.0

Acceptanc
e of Goods

................................
................................
...............

8


9.0

Title and Risk

................................
................................
...........................

9


10.0

Indemnity
................................
................................
................................
..

9


11.0

Insurance

................................
................................
...............................

10


12.0

Intellectual property

................................
................................
................

10


13.0

Confidentiality

................................
................................
.........................

10


14.0

Corruption

................................
................................
..............................

11


15.0

Damage and Sureties

................................
................................
............

11


16.0

Bankruptcy / Insolvency

................................
................................
.........

12


17.0

Resolution and Disputes

................................
................................
.......

12


18.0

Transf
er and Sub Contracting

................................
................................

13


10

19.0

Default

................................
................................
................................
....

13


20.0

Termination

................................
................................
............................

13


21.0

Conduct of Contractor’s Employees

................................
.......................

14


22.0

Health and Safety

................................
................................
...................

14


23.0

Equal Opportunities

................................
................................
................

15


24.0

Quality Management System

................................
................................
.

15


25.0

Severance

................................
................................
..............................

15


26.0

Notices

................................
................................
................................
...

15


27.0

Waiver

................................
................................
................................
....

16


28.0

Force Majeure

................................
................................
........................

16


29.0

Proper Law of Contract

................................
................................
..........

16


30.0

The Education (Teachers) (Amendment) Regulations 1998

..................

17


31.0

Environmental Health

................................
................................
.............

18


32.0

Transfer of Undertakings (Protection of Employment Regulations)

........

18


33.0

Best Value

................................
................................
..............................

18


















11

Thi
s agreement is made the day of 2012


Between


Oxford City Council of The Town Hall, St Aldates, Oxford OX1 1BX (“the
Council”)


And


(“the Contractor”)



WHEREAS


A.

The Council is seeking to purchase certain g
oods and services, as are
further defined in this Agreement


B.

The Supplier is a professional and experienced supplier of such goods
and services


C.

On the terms set out in this Agreement, the Supplier has agreed to supply
such goods and services to th
e Council.

























12

1.0
Definitions


1.1


"The Contract" means this document and any Purchase Orders,
Quotations, Specifications, Plans, Drawings and any other
documents expressly incorporated in writing.


1.2

"The Conditions" means the t
erms and conditions set out in this
document and any other special terms and conditions agreed in
writing between the Contractor and the Council.


1.3


"The Goods" means the articles/materials which the Contractor
agrees to sell to the Council.


1.4

"The
Services" means the services which the Contractor agrees to
provide to the Council.


1.5


"The Price" means the price to be paid by the Council to the
Contractor for the services exclusive of Value Added Tax.


2.0
General


2.1


A reference to any Act of

Parliament or to any Order, Regulation,
Statutory Instrument or the like shall include a reference to any
amendment or re
-
enactment thereof.


2.2

Paragraph headings are inserted for convenience only and do not
define limit or otherwise affect the interp
retation thereof.


2.3

Under the Council's Constitution, the Council has delegated
authority to particular officers to act for the purposes of the
Contract. The Council shall provide to the Contractor the names of
such authorised officers on request.

2.4

This Agreement is the sole and entire Agreement between the
parties dealing with the supply of Goods and/or Services to the
Council by the Contractor. It replaces and entirely supersedes any
previous agreements or understanding whether in writing or oral
,
and shall remain in full force and effect until such time as the
Contractor and Council have properly fulfilled.


2.5

Any variation of these Conditions (including any special terms and
conditions agreed between the parties) shall be of no effect unless
a
greed in writing between the parties.



13

2.6

Despatch or delivery/provision of the Goods/Services by the
Contractor to the Council shall be deemed conclusive evidence of
the Contractor's acceptance of these Conditions.


3.0

Price and Payment



3.1

The
Price shall be the Contractor's quoted price or the price agreed
by the parties. The Price is exclusive of VAT, which shall be due at
the rate prevailing on the date of the Contractor's invoice.


3.2

Unless otherwise agreed, payment of the Price and VAT
shall be
due 30 days from receipt of the Contractor's Invoice or 30 days
from when the Goods/Services are delivered/provided whichever is
the later.



3.3

The Price shall be "net" i.e. it shall include the cost of any
packaging, addressing, labelling, load
ing and delivery to the
address specified by the Council. The amount of any VAT payable
and any early settlement discounts shall be shown separately in the
Invoice.


3.4

The Council may set off against the Price (including any applicable
VAT payable) an
y amounts lawfully due from the Contractor to the
Council whether under this Contract or otherwise.


3.5

All Invoices shall be clearly marked with the Council's Purchase
Order Number and a sufficiently detailed description of the
Goods/Services delivered/
provided to enable the Council to
ascertain in respect of which Goods/Services the Invoice has been
rendered.


4.0

The Goods/Services



4.1

The Contractor shall provide the Goods/Services strictly in
accordance with any Specification/Order issued by the
Council.
Where the Contractor has provided a written quotation/proposal
which the Council has accepted in writing, then the quantity and
description of the goods/ nature and extent of the Services to be
provided shall be as set out in any such quotation/pr
oposal.


4.2

It shall be the responsibility of the Contractor to ensure that the
Goods/Services as supplied to the Council are fully conformant with
the requirements of the Specification/Order including the
requirement that they be fully and properly comp
atible with all
existing computer and other systems and equipment as specified
by the Council, are adequate to meet the Council’s specific needs
14

and requirements and are otherwise fully compliant with the terms
of this Agreement.


4.3

All representations
, statements or warranties made or given by the
Contractor, its servants and agents to the Council before the
conclusion of the contract (whether orally in writing or in any of the
Contractor's brochures catalogues and advertisements) regarding
the quality

and fitness for purpose of the Goods/Services shall be
deemed by the Council to be express conditions of the Contract.

4.4

The Contractor shall ensure that all Goods supplied under the
Contract shall be manufactured, stored, tested and packed in
accordan
ce with all relevant British and/or European Standards
applicable to them and shall from time to time make changes in the
specification of the goods which are required to comply with any
applicable safety or statutory requirements and ensure that the
Goods

are of satisfactory quality and fit for the purpose including
any specific purpose notified to the Contractor by the Council for
which the Goods are normally supplied.



4.5

The Contractor shall also ensure that the Goods and/or Services as
specified sha
ll be supplied to the Council in a timely, expert and
appropriate manner.


4.6

The Contractor shall ensure that on delivery to the Delivery
Address the Goods:


a) are fit for purpose;

b) are of good and merchantable quality;

c) are sufficiently robust,
weather proof and vandal proof for their
specified purpose;

d) fully meet the specification;

e) are safe in use;

f) are lawful in use;

g)

are undamaged and are in a condition in which they can be
properly and readily installed.


4.6

The Contractor wil
l provide periodical and regular inspections and
reviews of performance standards and suggested improvements.



4.7

All Goods supplied under the Contract shall be marked in
accordance with the Council's instructions and all lawful
requirements and shall be

properly packed and secured for delivery
to the Council in an undamaged condition.

15

4.8

The Council may require that particular Goods shall prior to
despatch be tested by the Contractor in the presence of a
representative of the Council. The Council shal
l not be bound to
take delivery of any Goods so tested where any defects are
discovered.


5.0

Warranties/Conditions



5.1

The Contractor warrants that the Goods will at the time of delivery
correspond to any description or sample given/provided by the
Con
tractor. All warranties, conditions or terms relating to fitness for
purpose, satisfactory quality or condition of the Goods whether
implied by statute or common law shall apply to Goods delivered
under the Contract.


5.2

The Contractor warrants that it
holds all necessary rights and
licences to supply the Goods/Services for use by the Council and
that use of the Goods/Services by the Council on the Delivery Date,
and thereafter shall infringe no third party intellectual property or
other rights. The Con
tractor shall indemnify the Council from and
against any loss, damage, claims or expenses the Council may
incur as a result of any breach of the said warranty.


5.3

All Services provided under the Contract must be provided with
reasonable care and skill a
nd to the reasonable satisfaction of the
Council.


5.4

The Contractor shall provide to and for the benefit of the Council,
and shall fully comply with the terms of the Warranty for a period
not less than 12 months commencing on the date of
Commissioning.

Under the Warranty, the Contractor shall replace
and fit (at no charge to the Council) any and all unfit, defective,
inoperable, broken, or malfunctioning (in whole or part) parts or
components of the Goods. For the avoidance of doubt the parties
acknowl
edge and agree that only vandal damage will not be
covered under the terms of the Warranty.


6.0

Delivery of Goods/Provision of Services



6.1

Delivery of Goods shall be made to the Council's address on the
delivery date specified. The Council shall make
all arrangements
necessary to take delivery of the Goods.


6.2

Where any time is stipulated by the Council for the delivery of
Goods/provision of Service under the Contract, the time for delivery
of the Goods/the provision of such Services shall be of the

16

essence. Where no time is stipulated by the Council for the delivery
of the Goods/provision of Services delivery shall be made within ten
working days of receipt of an order by the Contractor or within such
other time as may be agreed between the parties

6.3

If the Contractor fails to deliver all of the Goods/Services in
accordance with the Contract on the delivery date then without
prejudice to the Council's rights for the breach of Contract:


6.3.1

the Council may terminate the Contract In this event wi
thout
prejudice to the Council's other remedies the Contractor shall
promptly collect any Goods which have been delivered or


6.3.2

the Council may in its absolute discretion accept a quantity of
Goods corresponding to the Contract which has been delivere
d and
recover from the Contractor damages for breach of Contract in
respect of the failure to deliver the total quantity of Goods.


6.4

The Contractor upon receiving notice to that effect from the Council
shall repair or replace free of charge Goods damag
ed or lost in
transit and due delivery of the Goods shall not be deemed to have
taken place until replacement or repaired Goods have been
delivered by the Contractor to the Council. The Council reserves
the right to hold such damaged Goods at the Contract
or's risk or to
return them at the risk and expense of the Contractor.


6.5

The Contractor shall ensure that the Services as specified shall be
supplied to the Council in a timely, expert and appropriate manner.


6.6

Where Goods are delivered in bulk form

the whole of any
consignment may be rejected if a reasonable sample of the Goods
taken at random from such consignment are found not to confirm in
any material respect to the requirements of the Contract.


6.7

The Council's right of rejection shall cont
inue until after a
reasonable time from the date on which the Council discovers or
might reasonably be expected to discover the relevant
defect/breach of Contract.


7.0

Title and Risk


7.1

The title and risk in the Goods shall pass to the Council when t
he
Goods have been delivered to the specified address of the Council
delivery has been acknowledged by virtue of a signed delivery note
and the Council has accepted the Goods under clause 6.0 above.
For the avoidance of doubt this clause does not apply to
17

rented/hired Goods or equipment which shall at all times remain the
property of the Contractor/Finance Company.


8.0

Indemnity


8.1

Without prejudice to its liability for breach of Contract the Contractor
shall be liable for and shall indemnify the Counc
il against any
liability loss costs expenses claims or proceedings whatsoever
arising under any statute or common law in respect of:
-

8.1.1

any loss of or damage to Council property (whether real or
personal) and



8.1.2

any injury to or death of any pe
rson in consequence of or in any
way arising from the supply or delivery/provision of the Goods or
Services under the Contract except insofar as such loss damage or
injury shall have been caused by the negligence of the Council its
servants or agents not b
eing the Contractor.


9.0

Insurance


9.1

The Contractor shall insure against its full liability under Condition
8. and maintain all statutory required insurance policies including
Public liability insurance, Employers liability insurance and motor
insur
ance (if applicable).


9.2

Public liability insurance cover shall be in the minimum sum of
£5,000,000.00 in respect of any one incident and the number of
incidents covered shall be unlimited and Employers liability in the
minimum sum of £10,000,000.00 in

respect of one incident and the
number of incidents covered shall be unlimited.


9.3

The Contractor shall upon request by the Council produce to the
Council satisfactory documentary evidence that the insurance
required under this clause is properly main
tained.


9.4

Should the Contractor fail to insure in accordance with this clause
the Council may itself effect such insurance and may charge the
cost of so doing from the Contractor.


10.0

Intellectual Property



10.1

The Contractor warrants that all
licenses, permissions and
consents required in relation to the use of the Goods/Services
delivered/provided shall have been obtained and shall hold
harmless the Council against any claim costs proceedings
18

expenses and demands from any third parties allegin
g infringement
of intellectual property rights


11.0

Confidentiality and Data Protection


11.1

The Contractor, its employees agents and servants shall treat any
confidential information it may receive from the Council as strictly
confidential, and shall
make no unauthorised use or disclosure of
any such information.


11.2

In the event that the Contractor receives any personal data from the
Council, it shall hold and deal with all such personal data strictly in
accordance with the provisions of the Data P
rotection Act 1998.


12.0

Corruption


12.1

If any of the following events occurs in connection with this or any
other Contract between the Council and the Contractor, the Council
may terminate this Contract and recover any consequential loss
from the Con
tractor:
-



12.1.1

the Contractor offers gives or agrees to give anything to any person
as an inducement or reward for


(a)

doing or having done (or not doing or not having done)
anything connected with the obtaining of the award execution
or completion

of the Contract or


(b)

showing or not showing favour or disfavour to any person in
connection with the obtaining of the award execution or
completion of the Contract.


12.1.2

the Contractor commits an offence under the Prevention of
Corruptio
n Acts 1889 to 1916;


12.1.3

the Contractor gives any fee or reward the receipt of which is an
offence under Section 117(2) of the Local Government Act 1972;


12.1.4

any employee or agent of the Contractor does anything described
in sub
-
clauses 14.1.1
to 14.1.3 above whether or not the Contractor
has knowledge of it.


13.0

Damages and Sureties



13.1

Where practicable and appropriate the Contractor shall be required
to pay to the Council liquidated damages at a rate to be agreed in
19

writing between the

parties prior to Contract in the event of default
or breach of this Contract. For the avoidance of doubt it is hereby
expressly declared and agreed that such agreed liquidated
damages shall not be in the nature of a penalty.


13.2

Where practicable and
appropriate and where the cost of the
Goods and/or Services to be supplied under the Contract is greater
than £300,000 the Contractor shall be required to provide the
Council with a sufficient surety (for example a Contract Guarantee
Bond) for due performa
nce of the Contract.


13.3

If the Contractor is a subsidiary company or a member of a group of
companies then the Council may require its parent company or
another company in the group whose assets are sufficient to
guarantee performance and indemnity th
e Council against loss
from any default or breach of this contract.


14.0

Bankruptcy/Insolvency



14.1

The Council may at any time by notice in writing summarily
determine the Contract without compensation to the Contractor in
any of the following event
s:
-



14.1.1

if the Contractor being an individual or where the Contractor is a
firm any partner in that firm shall at any time become bankrupt or
shall have a receiving order or administration order made against
him/her or shall make any composition or a
rrangement with or for
the benefit of his/her creditors or shall make any conveyance or
assignment for the benefit of his/her creditors or shall purport to do
so or if in Scotland s/he shall become insolvent or bankrupt or any
application shall be made und
er any Bankruptcy Act for the time
being in force for sequestration of his/her estate or a trust deed
shall be granted by him/her for the benefit of his/her creditors; or



14.1.2

if the Contractor being a company shall pass a resolution or the
Court shal
l make an order that the company shall be wound up or if
a receiver or manager on behalf of creditors shall be appointed or if
circumstances shall arise which entitle the Court or a creditor to
appoint a receiver or manager or which entitle the Court to ma
ke a
winding
-
up order; provided always that such determination shall not
prejudice or affect any right of action or remedy which shall have
accrued or shall accrue thereafter to the Council.





20

15.0

Resolution of Disputes



15.1

If any dispute or differe
nce shall arise between the parties then
senior representatives of each party shall meet within fourteen days
of such dispute or difference arising in a good faith effort to resolve
the dispute or difference If the dispute or difference cannot be
resolved
within a further fourteen days then the dispute or
difference may be referred to the decision of a single arbitrator to
be agreed upon between the parties or in default of agreement to
be appointed at the request of either party by the President for the
ti
me being of the Law Society in accordance with and subject to the
provisions of the Arbitration Acts 1950 to 1996.


16.0

Transfer and Sub
-
Contracting



16.1

The Contractor shall not transfer or sub
-
contract its obligations
under this Contract without the
previous consent in writing of the
Council.


16.2

Such consent shall not relieve the Contractor from any liability or
obligation under the Contract and the Contractor shall remain
responsible for the acts defaults and neglects of any such
transferee/sub
-
contractor its servants or agents as though they
were the acts defaults and neglects of the Contractor itself.


17.0

Default


17.1

Where in the opinion of the Council the Contractor is in default of
any requirement of the Contract without prejudice to a
ny other
rights or remedies which the Council has under this Contract, the
Council shall be entitled to issue a written Notice of Default giving
full details of the default and the rectification if any required of the
Contractor together with the time with
in which such rectification is
to be effected by the Contractor.


17.2

If the Contractor fails to comply with the terms of the Notice of
Default or where rectification is not required by the Council the
Council shall be entitled to recover any costs rea
sonably incurred
by the Council as a consequence of such default from the
Contractor and may deduct such costs from any monies due or that
become due to the Contractor.


17.3

Where rectification is required by the Council and the Contractor
complies with

the Notice of Default to the satisfaction of the Council
the Council shall not recover the costs pursuant to Clause 19.2


21

18.0

Termination


18.1

The Council may terminate this Contract at any time and recover
from the Contractor all consequential loss
where:
-



18.1.1

the Contractor commits a fundamental breach of any of its
obligations under the Contract;


18.1.2

the Contractor commits a persistent breach of any of its obligations
under the Contract. A persistent breach shall be deemed to have
occurr
ed after the Council has issued to the Contractor two or more
Notices of Default.


18.2

The Council may also terminate this Contract at any time by giving
reasonable written notice to the Contractor of its intention to do so.


19.0

Conduct of Contractor'
s Employees



19.1

The Contractor shall ensure that its employees maintain high
standards of courtesy and behave in an acceptable manner while
engaged in supplying Goods or Services to the Council whenever
they have contact with members of the public or w
ith the Council's
own employees.


19.2

The Contractor shall ensure that is employees cause minimum
disruption to the Council and its employees while providing
Goods/Services to the Council having regard always to the nature
and extent of the Goods/Servic
es being supplied/provided.


19.3

The Contractor's employees agents or servants shall not smoke
whilst on Council premises.



19.4

The Contractor its employees servants and agents shall at all times
whilst on Council premises wear an identification badge
clearly
showing the person's name and the Supplier Contractor s/he
represents.


20.0

Health and Safety



20.1

The Contractor shall ensure that its employees and agents shall at
all times in connection with this Contract comply with the Health
and Safety a
t Work etc Act 1974.


20.2

The Contractor shall comply with all relevant and applicable
Statutes Regulations Orders and the like which may impose
22

requirements in relation to the supply/delivery of particular Goods
or Services.


20.3

Any accident or oth
er incident occurring as a result of anything
done by the Contractor under the Contract shall be reported
immediately in writing to the Council.


21.0

Equal Opportunities



21.1

The Contractor shall ensure that it complies at all times with Equal
Opportun
ities Legislation In particular the Supplier shall comply with
the requirements of the Race Relations Act 1976 and as amended
by the Race Relations (Amendment) Act 2000 the Sex
Discrimination Act 1975 and the Disability Discrimination Act 1995
as amended b
y Disability Rights Commission Act 1999.


22.0

Quality Management System


22.1

The Contractor shall have or be working towards achieving
accreditation under ISO 9000/BS5750 or an equivalent European
Standard.


22.2

The Contractor must operate a Quali
ty Management System and
shall provide the Council with a contact name and number.


23.0

Severance



23.1

If any provision of this Contract shall become or shall be declared
by any Court of competent jurisdiction to be invalid or
unenforceable this shall

not in any way impair or affect any other
provision of this Contract all of which shall remain in full force and
effect to the extent permitted by Law.


24.0

Notices



24.1

Any Notices to be served by either party under this Contract shall
be sufficient
ly served:
-



24.1.1

if served personally on the Contractor or its Authorised
Representative;


24.1.2

if sent by pre
-
paid first class post by facsimile transmission to the
last known address or place of business of the party to be served or
by electroni
c mail (email).


23

24.2

Any Notices sent in accordance with sub
-
paragraph 24.1.2 shall
subject to proof to the contrary be deemed to have been received
by the addressee on the second day of business after the date of
posting or on successful transmission i
n the case of facsimile
and/or email as the case may be.


25.0

Waiver


25.1

No Waiver or forbearance by the Council whether express or
implied in enforcing any of its rights under this Contract shall
prejudice its right to do so in the future.


26.0

For
ce Majeure



26.1

Neither party shall be liable for any default in performance under
the Contract due to any act of God war fire flood drought tempest or
other like event beyond the reasonable control of either party.


27.0

Proper Law of Contract



27.1

This Contract is subject to the Laws of England in every particular
including formation and interpretation and shall be deemed to have
been made in England.


27.2

A company person firm or organisation who is not party to this
Contract shall have no righ
t under the contracts (Right to Third
Parties) Act 1999 to enforce any of the terms of this Contract.


28.0

Environmental Health



28.1

The Contractor shall ensure compliance with any direction given by
the Secretary of State and/or any statutory provisi
ons including the
Environmental protection Act 1990 and the Waste Minimisation Act
1998 as amended and any other relevant legislation relating to
environmental protection.


29.0

Transfer of Undertakings (Protection of Employment)
Regulations



29.1

Upon
request by the Authorised Officer the Provider shall provide
him with such details relating to the numbers of staff employed by
the provider in fulfilling the Provider's obligations under the
Agreement and their terms and conditions of employment as is
rea
sonably necessary for prospective contractors to prepare
tenders on the basis that the Transfer of Undertakings (Protection
of Employment) Regulations 1981 or any modification or successor
24

thereto will apply to their carrying out of part or all of the Serv
ice for
a contractual period commencing after the termination of this
Agreement.


30.0

Best Value



30.1

The Council has a statutory duty to provide Best Value pursuant to
the provisions of the Local Government Act 1999 which includes
the need for contin
uous improvement in standards of
Goods/Services and quality within financial restrictions. The
Contractor shall work with the Council to identify develop and
deliver Best Value Goods/Services under the terms and conditions
of the Contract within available

resources.

30.2

Types of requirements of the Contractor by the Council shall
include but not necessarily be restricted to provisions of
Goods/Services that are cost effective efficient timely reliable
responsive consistent courteous and gives effect to

the Council's
policies.


30.3

The Contractor will provide periodical and regular inspections and
reviews of (performance) standards and suggested improvement.



Signed By.......................................................................


Position..
...........................................................................



For and on behalf of the Contractor



Signed By.......................................................................


Position..................................................
...........................



For and on behalf of the Contractor


Signed By.......................................................................


Position.............................................................................



For and on behalf
of the Council
25

Signed By.......................................................................


Position.............................................................................



For and on behalf of the Council



www.oxford.gov.uk