Acting Through Its Children Schools and Families Department

1

HUB SCHOOL AGREEMENT
Between Hertfordshire County Council

Acting through its Children Schools and Families Department

And

(Hub School)
For the provision of
Hub School for Extended School Consortium (number and area)
This Agreement is made up of 3 parts:
PART AThe Conditions of the Agreement
PART BThe Service Specification
PART CThe Monitoring Arrangements
Agreement Number: / HCC
CONTENTS
Clause No / Title of Clause
1. / Purpose of the Agreement
2. / Authorised Representatives
3. / Duration
4. / Status of this Agreement
5. / Interpretation and Application Law
6. / Provision of Services
7. / Management and Staffing including Volunteers
8. / Observance of Statutory Requirements
9. / Equal Opportunities and Equalities
10. / Health and Safety
11. / Insurance and Indemnities
12. / Audit
13. / Local Government Ombudsman
14. / Confidentiality
15. / Notification
16. / Complaints
17. / Whistleblowing
18. / Sub contract and Assignment
19. / Disputes
20. / Force Majeure
21. / Waiver
22. / Price and Payment
23. / Termination of this Agreement
24. / Monitoring
25. / Human Rights Act
26. / Variation of this Agreement
27. / Data Protection
28. / Freedom of Information
29. / Third Party Rights
30. / Intellectual Property
31. / Remedies for Poor Performance
32. / Transfer of Undertaking
33. / Jurisdiction
34. / Definition of Terms
Part B / Service Specification
Part C / Monitoring Arrangements
Appendix 1 / CRB
PART A: CONDITIONS OF AGREEMENT
AGREEMENT
between
Hertfordshire County Council acting through its Children Schools and Families Department
Integrated Children’s Services (0-13) Room 147, County Hall
Hertford,
SG13 8DF
(known as “the Council” hereafter)
and
Provider
Add1
Add2
Town
Postcode
(known as “the Hub School” hereafter)
1. / PURPOSE OF THE AGREEMENT
1.1 / This Agreement relates to the role of the Hub School for Extended Schools Consortium (number and area)
1.2 / The detail of this Service is as set out in part B The Service Specification
2. / AUTHORISED REPRESENTATIVES
2.1 / The Council shall appoint a Contract Manager to administer this Agreement. The Council’s Contract Manager shall exercise the functions allocated to him under this Agreement. The Council may, from time to time, remove and replace the Council’s Contract Manager. Such removals or replacements will be notified in writing to the Hub School’s Authorised Representative
2.2 / The Council will require the Hub School to provide in writing the name, telephone number and contact address for the Hub School’s Authorised Representative who will be responsible for the smooth running of this Agreement. The Hub School’s Authorised Representative must be empowered by the Hub School to take all decisions in respect of this Agreement and must be available to the Council at all times
3. / DURATION
3.1 / The date on which this Agreement takes effect is 1st September 2008
3.2 / The duration of this Agreement is a maximum of 3 years and will end on 31st August 2011 unless terminated in accordance with Clause 20, 23 or 31.
4. / STATUS OF THIS AGREEMENT
4.1 / The parties to the Agreement intend that the Agreement be legally binding and each party warrants its ability to enter into the Agreement.
4.2 / Neither the Hub School nor its staff shall in any circumstances hold itself or themselves out as being authorised to enter into any Agreement on behalf of the Council or in any way to bind the Council to the performance, variation, release of discharge of any obligation.
5. / INTERPRETATION AND APPLICABLE LAW
5.1 / This Agreement shall be governed by and interpreted according to the laws of England.
5.2 / Any reference to any Act of Parliament shall be deemed to include any amendment, replacement or re-enactment thereof for the time being in force and to include any EU Directives, bye-laws, licences, statutory instruments, orders, notices, directions or consents made thereunder or any condition attaching thereof.
5.3 / Where any party comprises more than one person the obligations and liabilities of that party under this agreement shall be the joint and several obligations of those persons.
5.4 / In this Agreement the masculine includes the feminine and the neuter and vice versa; the singular includes the plural and vice versa.
6. / PROVISION OF SERVICES
6.1 / The Hub School shall provide the services in accordance with the terms and conditions of this Agreement including but not limited to Part B of this Agreement (The Service Specification) and the terms of the Agreement and shall exercise all reasonable skill, care and diligence in the performance and discharge of the Service.
7. / MANAGEMENT AND STAFFING INCLUDING VOLUNTEERS
7.1 / The Hub School is responsible for its own internal management and financial procedures and for engaging suitable staff to ensure that the Services are delivered to agreed standards under proper management and supervision.
7.2 / The Hub School’s staff, engaged in the provision of the Services shall be properly and sufficiently qualified, competent, skilled, honest and experienced in the provision of such services and shall at all times exercise care in the execution of their duties. The Hub School shall monitor the employment of staff and volunteers, by ethnic origin, disability and gender
7.3 / The Council’s policy is that all staff and volunteers either working directly with children and young people or with access to information regarding service users, have satisfactory Enhanced CRB checks and references prior to appointment. This applies to all organisations that have an Agreement with the Council.
Where the Hub School’s CRB checks are processed by an umbrella organisation other than the Council, the Hub School must use the same criteria as the Council when deciding whether the outcome of the CRB check is satisfactory and that the individuals concerned are suitable to work with children and young people. Appendix One of this Agreement gives further guidance to ensure that the Hub School makes appropriate judgements about CRB check outcomes. By signing this Agreement, the Hub School warrants to assess the outcome of all CRB checks using the criteria listed in Appendix One.
The Council reserves the right to request additional CRB checks are carried out if there is any doubt about the outcome of any individual’s CRB check.
7.4 / The Hub School will follow the recruitment and personnel procedures in accordance with the recommendations of the Warner Report.
7.5 / Any employee of the Hub School whose conduct places a Service User at risk or might bring the Council into disrepute shall be the subject of immediate investigation by the Hub School and dealt with to the satisfaction of the Council which might direct that the employee be removed from activities in pursuance of this Agreement.
7.6 / Employees of the Hub School shall not solicit or accept inappropriate gratuity, tip or other form of consideration or reward from a Service User in connection with the provision of Services.
7.7 / For the purposes of the provision of Services under this Agreement the Hub School ‘s Contract Manager will be responsible for:
7.7.1 / the management and oversight of the whole Service
7.7.2 / audit and monitoring of the Service and reporting to the Council and other agencies as appropriate
7.7.3 / acting as a point of contact for the Contract Manager, Children Schools and Families, Quadrants and colleagues from other statutory services
8. / OBSERVANCE OF STATUTORY REQUIREMENTS
8.1 / The Hub School shall comply with all statutory and other provisions to be observed and performed in connection with the Services.
8.2 / Immediately upon becoming aware of the same the Hub School shall notify the Council of any breach of any statutory or other provision relating in any way to the provision of or connected with the Service.
8.3 / The Hub School will follow Hertfordshire’s Local Safeguarding Children’s Board child protection procedures which will be provided by the Council’s Contract Manager to the Hub School’s Contract Manager
9. / EQUAL OPPORTUNITIES & EQUALITIES
9.1 / In the performance of the Services, the Hub School shall not unlawfully discriminate within the meaning and scope of any law, enactment, order, or regulation relating to discrimination (whether in race, gender, religion, belief, disability, sexual orientation, age, human rights or otherwise) in employment and shall have regard to other official guidance and code of practice in relation to promotion of equality in employment
9.2 / The Hub School shall set out its policy on equality issues:
9.2.1 / in instructions to those concerned with recruitment, training and promotion;
9.2.2 / in documents available to its personnel, recognised trade unions or other representative groups of its personnel; and
9.2.3 / in recruitment advertisements and other literature
9.3 / The Hub School shall, on request, provide the Council with examples of the instructions and other documents, recruitment advertisements and other literature.
9.4 / If any court or tribunal, or the Equality and Human Rights Commission (or any other Commission promoting equal opportunity) should make any finding of unlawful discrimination against the Hub School, then the Hub School shall immediately inform the Council of such a finding and the Council shall have the right to terminate this Contract if, having discussed the matter with the Hub School, it is of the opinion that the actions of the Hub School leading up to the finding were sufficiently serious as to undermine its compliance with clause 9.1 above.
9.5 / The Hub School shall provide such information as the Council may reasonably request for the purpose of assessing the Hub School’s compliance with Clause 9.4.
9.6 / In the event of any finding of unlawful discrimination being made against the Hub School by any court or employment tribunal, or of an adverse finding in any formal investigation by the Commission for Racial Equality the Hub School shall immediately inform the Council of such a finding and the Council shall have the right to terminate the Agreement if, having discussed the matter with the Hub School, is of the opinion that the actions of the Hub School leading up to the finding were sufficiently serious as to undermine the Council’s adherence to the Commission for Racial Equality’s Code of Practice and its own equal opportunities policies.
9.7 / In the event that the Council does not exercise its right of termination under Clause 9.6 above, the Hub School shall discuss with the Council the appropriate steps the Hub School needs to take to prevent repetition of the unlawful discrimination, and shall provide the Council with details of any such steps taken.
9.8 / The Hub School shall aim to ensure that everyone in the community is given full opportunity to benefit from the Services, volunteering and jobs the scheme provides. Exceptions to this shall exist only where services are designed for particular disadvantaged group(s) in accordance with legislation. No one will be discriminated against because of age, colour, disability, ethnic or national origins, race, gender, sexuality, marital status, political or religious beliefs or trade union activities.
9.9 / The Hub School shall monitor the take-up of services and employment of staff and volunteers, by ethnic origin, disability and gender. This data is gathered in recognition that equality of opportunity and access to services and employment should lead to equality of outcomes.
9.10 / The principles are that the Hub School will:
9.10.1 / provide Services that are equally accessible to all,
9.10.2 / value people and their differences and enable all volunteers and employees to achieve their full potential,
9.10.3 / ensure that policies and practices are in line with relevant employment legislation, anti-discrimination legislation and good practice guides,
9.10.4 / seek to recruit volunteers/staff who reflect the make-up of the community,
9.10.5 / take action to address under-representation in their volunteers/staff, make clear the action volunteers/staff may take if they feel unfairly treated,
9.10.6 / provide training to relevant staff so they can put this policy into practice.
9.10.7 / provide equal access to all actual and potential users and volunteers, according to need.
9.10.8 / provide means for actual and potential users and volunteers to participate in planning the way their needs are met.
9.10.9 / ensure that information gained from equality data (e.g. from The Census) is fed into their own service planning processes.
10. / HEALTH AND SAFETY
10.1 / The Hub School shall at all times comply with the requirements of the Health and Safety at Work, etc. Act 1974 (“the 1974 Act”) and any other Acts pertaining to the health and safety of employees and others who may be affected by the Hub School’s acts or omissions and shall require that any Hub Schools carrying out work on the Council’s property pursuant to the Agreement likewise comply.
10.2 / The Council’s Contract Manager shall be empowered to suspend the provision of the Services in whole or in part, and recover any advanced payments made, in the event of non-compliance by the Hub School with health and safety matters. The Council’s Contract Manager is empowered to make suitable arrangements for the carrying out of suspended Services at the cost of the Hub School. The Hub School shall not resume provision of the suspended Services until the Contract Manager is satisfied that the non-compliance has been rectified.
10.3 / The Hub School shall ensure that all subcontractors or other authorised persons who make use the premises are aware of their Health and Safety Policy as it relates to the provision of the Service
11. / INSURANCE AND INDEMNITIES
11.1 / The Hub School is responsible for ensuring any subcontractor has appropriate cover as required in 11.2, 11.3 and 11.4.
11.2 / The Hub School (either through purchase of HCC’s insurance schemes or otherwise) and any sub contractor shall indemnify the Council against and insure against any liability loss or claim or proceedings whatsoever, subject to industry standard policy terms and conditions, arising under any statute or at common law in respect of personal injury to or death of any person whomsoever arising out of or in the course of or caused by the execution of the Services specified herein due to the acts omissions or negligence of the Hub School its servants or agents or sub-contractors.
11.3 / The Hub School (either through purchase of the Council’s insurance schemes or otherwise) and any sub contractor shall indemnify the Council against and insure against any liability loss or claim or proceedings whatsoever, subject to industry standard policy terms and conditions, arising under any statute or by reason of the execution of the Services to any property real or personal due to any negligence omission or default of the Hub School its servants or agents or sub-contractors
11.4 / The Hub School (either through purchase of the Council's insurance schemes or otherwise) and any sub contractor shall maintain the following minimum insurance cover with an appropriate insurer and provide copies of the relevant insurance certificates to the Council:
11.4.1 / Public Liability £5 Million (any one incident)
11.4.2 / Employers Liability £10 Million (any one incident)
12. / AUDIT
12.1 / The Hub School shall permit or procure permission for any auditor or other authorised representative of the Council (including the Council’s external auditors) to have access for audit purposes to information, including financial, premises or equipment used in the provision of the Services. Such access shall include those Staff of the Hub School who are engaged in the provision of the Services.
12.2 / Access may be at any time without notice, provided there is good cause for access without notice and provided that the Council’s authorised representatives or its auditors shall comply with all reasonable requirements of the Hub School for the purpose of protecting the confidentiality of the information of third parties and no information will be divulged to any third party save in pursuance of statutory obligations.
12.3 / The Hub School shall provide such information, documents and reports in the form as may be reasonably required by the Council. This may include individual child and service level data as required by the Department of Health ‘Children in Need’ census or similar surveys conducted by the Council.
12.4 / The Hub School shall maintain current and accurate records of all work carried out in the provision of the Services and shall ensure that these records shall be available for inspection by an authorised representative of the Council at all reasonable times.
12.5 / The Hub School shall not during the Agreement period dispose of, destroy or delete any Records relating to the Services without the prior approval of the Council in writing.
12.6 / Immediately upon expiry or termination of this Agreement for any reason whatsoever the Hub School shall at the sole option of the Council either return to the Council in an agreed form timescale and location in Hertfordshire of all records or keep all records for a period of 7 years before they are destroyed
12.7 / The duties of the Hub School in Clause 12 shall be performed subject to the Hub School’s statutory obligations
13. / LOCAL GOVERNMENT OMBUDSMAN
13.1 / In the event of a complaint to the Commission for Local Administration in England (the Local Government Ombudsman) involving activities the subject of the Agreement, the Hub School shall give to the Council and to the Local Government Ombudsman every assistance in the investigation of the complaint including access to records of any sort and access to the Hub School’s employees for the purpose of interview.