Deed of Variation of Contract

Dated ………………………..2015

Deed of variation of contract

between

the mayor and burgesses of the london borough of enfield

and

nsl limited

Contents

Clause

1.Variation......

2.Governing law and jurisdiction......

Schedule

Schedulenew appendix 10 to schedule 2 (specification)

THIS DEED is dated …………………………………………………. 2014

Parties

(1)THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF ENFIELDacting by the Council of the London Borough Enfield, Civic Centre, PO Box 60, Silver Street, Enfield, London EN1 3XA (“the Council”); and

(2)NSL LIMITED incorporated and registered in England and Wales with company number 06033060 whose registered office is at 4th Floor, Westgate House, Westgate, London, W5 1YY (“the Contractor”).

Background

(A)The Council and the Contractor are party to a contract dated 4 July 2010 (“the Contract”) for the provision of parking enforcement and related services covering, among other patrol areas, the Council’s pay & display car parks, including Palace Gardens Multi-Storey Car Park (“Palace Gardens”). The Contract runs from 4 July 2010 to 3 July 2016, with the option to extend for a further 4 years until 3 July 2020.

(B)The Council wishes to implement the following measures at Palace Gardens:

(a)The introduction of Automated Number Plate Recognition (“ANPR”) technology, to be procured, installed and managed by the Contractor and, in order to facilitate this:

(b)The removal of the car park from the relevant Traffic Management Order, with the exception of the disabled parking area.

(C)Consequently, the parties wish to amend the Contract as set out in this Deed with effect from 25 November 2013 (Variation Date).

(D)The Council grants to the Contractor a licence to operate the Car Park in accordance with this Deed.

1.Variation

1.1With effect from the Variation Date the Parties agree the following amendments to the Contract:

Schedule 2 (Specification): Clause 4.2.4 deleted. / The entire text of Clause 4.2.4 is deleted and replaced with the words “Not used”.
Schedule 2 (Specification): Clause 20.2.4 amended: / This clause is amended to read as follows:
“During patrols between 07:30 to 18:30 Monday to Saturday and 10.00 to 17:00 Sunday in Palace Gardens multi-storey car park, CEOs must check the lift and the ANPR payment stations. If the payment station is not functioning it should be reported back to the radio operator so that the manufacturer can be contacted to repair. If people are trapped in the lift the CEO must stay with the lift, make best endeavours to reassure the passengers that the problem is being dealt with and inform them that they should use the intercom within the lift to communicate with the lift engineer. Once everyone has been rescued the lift should be put out of action. A full written report must be given to the Authorised Officer as soon as practicable and in any event within two (2) Working Days”.
Schedule 2 (Specification): Clause 20.4 amended: / This clause is amended to read as follows:
“20.4.1The Contractor must provide car park attendants to man the Palace Gardens multi-storey car park during times when the car park is open to the public but is not being enforced by the ANPR system. Car park attendants must wear full uniform and high visibility jackets indicating their role (the uniform can be a standard CEO uniform).
Monday to Wednesday and Saturday 18:30 to 20:00
Thursday to Friday 18:30 to 21:00
20.4.2Car park attendants must carry out a security patrol and deal with any incidents that may arise. The current times of opening and hours of enforcement by the ANPR system are shown below.
20.4.2.1 Monday to Saturday:
  • At least two patrols by CEOs to check disabled and Brown badge bays -07:30 - 18:30
20.4.2.2 Sunday:
  • Continuous enforcement by CEOs -09:00 - 17:00
20.4.2.3 During the times shown above when the car park is not being enforced but is manned and patrolled by a Car Park Attendant, the Car Park Attendant must wear a head cam in addition to recording his or her presence in the car park and on patrol.”
Schedule 2 (Specification):Clause 20.7 added: / This clause is inserted into Schedule 2 (Specification) of the Contract:
20.7 Automated Number Plate Recognition Technology at Palace Gardens Multi-Storey Car Park
The Contractor shall procure, install and manage Automated Number Plate (“ANPR”) technology at Palace Gardens Multi-Storey Car Park, as detailed in Appendix 10.
Schedule 2 (Specification): Appendix 3 to be amended: / The details relating to Palace Gardens Multi-Storey are to be amended as follows:
No.of spaces – 523
Disabled bays – 27 bays on lower level 1
Electric charging bays – 2
Season ticket – yes, Monthly: £66.00, Annual: £660.00
Method of Operation: ANPR system
Charges Mon-Sat – Enforced by ANPR system:
  • Up to 1 hr - £1.20
  • 1-3 hours - £2.40
  • 3-5 hours - £4.00
  • Over 5 hours - £6.00
Charges Sunday 10 am – 5pm (commencing on Sun 8th Jan’12) – Enforced by ANPR system:
  • First 3 hours – free
  • 3-5 hours - £4.00
  • Over 5 hours - £6.00
Days of operation: All days.
Hours of Chargings –
  • Mon, Tue, Wed and Sat – 07:30 – 18:30 (gate closes at 20:00)
  • Thur and Fri – 07:30 – 18:30 (gate closes at 21:00)
  • Sun – 09:00 – 17:00 (gate closes at 17:30)

Schedule 2: Specification: Appendix 10 to be inserted. / Appendix 10, set out in Schedule 1 of this Deed, is to be inserted into Schedule 2 (Specification) of the Contract.

1.2The Council may terminate the arrangements implemented by thisDeed at any time by giving two (2) months’written notice to the Contractor. In such event, the Parties agree that:

(a)the Contractor shall sign a further Deed of Variation in a form approved by the Council within the 2 months’ notice period in order to effect such termination;

(b)the Council shall continue to pay the annual support, maintenance and licence fees (detailed in Annex 1, page 1) for the year in which such termination takes place;

(c)the Contractor shall confirm in writing to the Council that it has informed all third parties involved with the ANPR system that the arrangements implemented by this Deed are to be terminated;

(d)the Council shall be responsible for all reasonable costs incurred by NSL as a result of such termination up to a maximum of £5,000;

(e)the Council shall be responsible for revoking relevant Traffic Management Orders and introducing new ones where this is required a result of such termination;

(f)the Council shall be the sole owners of all equipment removed as a result of such termination; and

(g)the Council shall be responsible for the cost of removing the old system and introducing a new payment system and signage.

2.Governing law and jurisdiction

2.1This deed and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of England and Wales.

2.2The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, this deed or its subject matter or formation (including non-contractual disputes or claims).

This deed has been entered into on the date stated at the beginning of it.

SCHEDULE ONE

APPENDIX 10 – Installation of ANPR Technology at Palace Gardens Multi-Storey Car Park

1. The Contractor shall procure, install and manage ANPR technology in Palace Gardens Multi-Storey Car Park (“Palace Gardens”)in accordance with this Appendix 10, and the Council shall pay the Contractor the charges set out in Annex 1.

2. The Council shall ensure that Palace Gardens Car Park, with the exception of the disabled parking area, is removed from the relevant Traffic Management Order, and shall grant a licence to the Contractor to operate the Car Park in accordance with this Deed of Variation.

3. The Contractor shall be obliged as follows:

  • To comply at all times with the BPA Approved Operator Scheme Code of Practice (Control and enforcement of parking on private land and unregulated public car parks);
  • To procure the ANPR equipment associated with this type of enforcement;
  • To arrange for the installation of the ANPR equipment.
  • To provide annual support, maintenance and all licences.
  • To provide a customer help line phone number;
  • To carry out project management services;
  • To carry out notice/enforcement processing.
  • To monitor Palace Gardens MSCP Upper Level 1 through to Upper Level 4 for payment station failures, misuse of over 70s bays and parking out of bays.
  • The Council shall receive 100% of all the payment revenue from the pay stations and the parking charge notices minus costs such as contravention processing, Bailiffs and POPLA appeals.

ANNEX 1

NSL quote dated 18 November 2013

IN WITNESS WHEREOF THIS AGREEMENT HAS BEEN EXECUTED AS A DEED THE DAY AND YEAR FIRST BEFORE WRITTEN

AUTHORITY:

The Common Seal of

THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF ENFIELD

was hereunto affixed

in the presence of

______

Authorised Officer

Executed as a deed by

NSL LIMITED

Acting by 2 Directors or by a Director and its Company Secretary

Director

Name:

Director/Company Secretary

Name:

1

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