Thurrock Council Passenger TransportConditions of contract for theprovision of local bus services
Sections 1 to 4 and 7
September 2010
Effective from September 2010
Local bus services – section 1
Operational terms and conditions of contract
1.0General statement of intent
1.1This section outlines the terms and conditions applying to contracts let by the Council for the provision of local bus services under the Transport Acts 1985 and 2000
1.2The Council's aim is to provide high quality, reliable accessible transport for the people of Thurrock. To this end the Council will closely monitor the operation of services to ensure that they are run in accordance with the terms of this contract.
1.3The Council is willing to discuss any aspect of the contract with a Contractor, particularly those which would improve the performance of a service and its attractiveness to its community.
2.0Definitions
Term:Definition:
2.1."Council"Shall include any person or Committee or Sub-Committee of Thurrock Council or anybody of persons authorised to act on the Council's behalf
2.2."Contractor"Any person or Company to whom a contract has been awarded by Thurrock Council
2.3."Conductor"A person collecting fares on the vehicle and assistingthe driver in the safe carriage of passengers.
2.4."Escort"A person employed by the Contractor to supervise passengers during the duration of the contract.
2.5."Passengers"Any person on board the vehicle during the operation of the contract with the driver, escort and conductor.
2.6."Passengers with Needs"Any person on board the vehicle during the operation of the contract (with the exception of the driver, escort and conductor) who is designated as having severe or complex learning difficulties and/or physical difficulties and/or challenging behaviour.
2.7."Owner Driver"The owner and driver of a Hackney Carriage or Private Hire('HC/PH') licensed vehicle who holds and 'HC/PH' drivers licence, but who does not hold an 'HC/PH' operators licence. The driver works in association with the holder of such an operating licence to whom he pays a fee. This is not considered to be sub-contracting for the purposes of this contract section.
2.8."Sub - Contractor"The holder of a PSV Operators Licence, or Hackney Carriage or Private Hire Operators Licence, employed by the Contractor to undertake part or all of a contract on theContractor's behalf. The Contractor remains responsible for all aspects of the contract.
2.9."De Minimus"Contracts let under an exclusion from the tendering process, as contained in the Service Subsidy Agreements (Tendering) Regulations 2002, as amended by the Service Subsidy Agreements (Tendering) (Amendment) Regulations 2004
2.10."Route"The chosen Roads, tracks or driveways along which the vehicle is to be driven to collect passengers from various points to take them to a specific destination forming part of the contract.
2.11."Good Industry Practice"The exercise of that degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced contractor in the delivery of the services in accordance with this contract seeking in good faith to comply with its contractual obligations, complying with all applicable legislation and engaged in the same type of undertaking and under the same or similar circumstances and conditions.
2.12.Any references to any statute or statutory provisions (including any subordinate legislation) shall include references to any statute or statutory provision which amends, extends, consolidates or replaces the same or which has been extended, consolidated or replaced by the same (whether in either case before on or after the date of this Agreement), and shall include any orders, regulations, codes of practice, instruments, plans, permissions, directions or other subordinate legislation for the time being made issued or given thereunder or deriving validity therefrom.
3.0General contract operating conditions
3.1.Section 1,2,3,4 and 7 apply to this contract, unless specifically excluded from applying by the Council at time of tender, or by written agreement at some later date.
3.2.The Contractor shall carry out the contract according to the provisions of said sections.
3.3.Notwithstanding anything contained within the contracts the Contractor shall at all times operate according to the requirements of the legislation pertaining to local bus service operation, health and safety, data protection, and freedom of information.
3.4.At any time an Inspector shall be permitted to board and travel upon vehicles operating the service(s) to undertake their duties and the Contractor shall give his authority accordingly. Council Inspectors must, at all times, have access to the on bus data recorded, in the form of an inspectors ticket or similar, to enable them to undertake revenue checks.
3.5.Duly authorised officers must be permitted to travel without charge on the vehicles operating the service(s), including any out of service positioning journeys subject to prior arrangement with the operator.
3.6.At any reasonable time officers duly authorised by the Council shall have access to any documents that relate to the operation of the service(s) in question.
3.7.The Contractor shall inform the Council of any problems encountered in maintaining the scheduled timetable or scheduled route and of any material change to the numbers using the contract (in line with clauses Section 1, clauses 7.1 to 7.3.3). The operator will also pass on to the Council any comments or possible solutions to problems regarding the route that may improve its operation or appeal to the public.
3.8.The Contractor shall bear any cost relating to the funding of the National Traveline Services incurred by the operation of this service on behalf of the Council
3.9.A disclosure of details of Contractor's maintenance history concerning prohibitions and annual test history must be made available to the Council if requested.
4.0Health and safety requirements
4.1.The Contractor shall ensure that in undertaking the contract he complies with the requirements of all the relevant legislation regarding Health and Safety at Work, including but not restricted to: - The Health and Safety at Work Act 1974, The Consumer Protection Act1987, the Provision and Use of Work Equipment Regulations 1998 and the Management ofHealth and Safety at Work Regulations 1999.
4.2.Where the Contractor employs more than four (4) persons and is therefore required by law to have, maintain and display a written 'Health and Safety Policy', the Contractor shall, no later than one (1) week from the first award of tender and then annually, submit a copy of said Health and Safety policy in writing to the Council.
4.3.Should the Council consider the policy so submitted not to be of an adequate standard, the Council shall require the Contractor to enter into negotiations with the Council to adopt such amendments to said policy as are felt necessary to bring it up to the appropriate standard.
4.4.In pursuance of Clause 4.3 above, should it not prove possible to reach an agreementregarding the contents of the Contractors Health and Safety Policy, then the dispute shall be submitted for arbitration under the procedures outlined in clause12 of Section 1.
4.5.When submitting a bid it shall be the duty of the Contractor to carry out a risk assessment of the route, including proposed stops, road layout and other operational factors, including any which may affect the type or size of the vehicle to be operated over the route. The Contractor shall inform the Council of any concerns regarding the safe operation of the route that this assessment may reveal through a separately submitted report accompanying the tender.
4.6.Similarly should, during the operation of the contract, any factor arise which is considered to affect the safe operation of the contract, this shall be brought immediately to the attention of the Council followed by a written report detailing the circumstances. In such an event, the Council, the Contractor and such other bodies as it may be deemed appropriate to involve at the time, shall decide upon and implement such measures as may be necessary to remedy the situation.
4.7.The Contractor shall ensure that his employees are made aware of any potential risks revealed by the risk assessment, including any arising from the need to assist passengers in boarding or alighting, or from passenger behaviour and receive adequate notification of and training to deal with them.
5.0Employees
5.1.The Contractor shall ensure that all employees comply with the requirements of the law relating to any matter which concerns the operation of any vehicle undertaking the contract including the licensing, insurance, operation, construction and use, fitness, equipment and safety of said vehicle.
5.2.The Contractor shall ensure that all vehicles used to undertake the contract including those of any Sub Contractor, are driven by competent drivers, licensed and insured in accordance with the law.
5.3.The Council shall be entitled, but not unreasonably or vexatiously, to require the Contractor to remove from the operation of this Contract anyone employed by the Contractor or Sub Contractor, with immediate notice given by fax or telephone. This will be confirmed in writing.
5.4.On receiving the telephoned or faxed request, the Contractor will immediately remove the said employee from the operation of this Contract and provide a replacement.
5.5.The Contractor will take all reasonable steps to offer the same level of service to allPassengers conveyed and work within the requirements of the Equality Act 2010.
5.6.The Contractor shall take legal advice to determine the effect of the Transfer of Undertakings (Protection of Employment) Regulations on any staff employed in pursuance of this contract and to carry out any actions the regulations may require.
5.7.Where a service operates only on schooldays or has any element of school day variations within the timetable, the Contractor must only employ an escort or PCV driver or person with access to Thurrock Council contract data whose possible criminal background has been checked or is in the process of being checked with the Criminal Records Bureau through Thurrock Council. During the application process the employee may only work on contracts supervised by another employee with an enhanced CRB via Thurrock Council. The Contractor may only employ drivers with Hackney Carriage and Private Hire Licences who have undergone an Enhanced CRB check as part of the licensing process. The Contractor shallalso ensure that suitable references reflecting the employee's suitability to work with children and vulnerable adults are taken up as part of the recruitment process. It shall be a contractual obligation that the Contractor shall comply with the Vetting and Barring Scheme. This will include, but is not limited to, the Contractor not to knowingly allow a person to engage in a 'Regulated Activity' (as defined in the Safeguarding Vulnerable Groups Act 2006) while barred as well as the Contractor being under a duty to refer individuals to the relevant department at the Disclosure and Barring Service (DBS) for consideration for barring in relevant circumstances and to provide information to the DBS upon request. The Contractor shall make all requests for disclosures and checks via Thurrock Council and shall provide such evidence of compliance with the Vetting and Barring Scheme as Thurrock Council shall reasonably require.
5.8.The Contractor shall ensure that all employees, including Escorts and drivers, are recruited only in accordance with the Recruitment Best Practice Pack provided to each Contractorwhich may be amended from time to time by the Council, such updates to be notified to the Contractor. The Recruitment Best Practice Pack shall include, but not be limited to, a requirement that the Contractor will develop and apply robust recruitment procedures, including checking identity, qualifications and references, enquiring into career history and requiring employees to tell the Contractor if the employee has been put on one of the Independent Safeguarding Authority's Barred Lists.
5.9.The Contractor shall ensure that all Escorts and drivers, when performing the contract, shall wear, in such a way as to be visible to members of the public, identification supplied by the Council.
5.10.The driver (and Conductor/Escort where provided) shall not smoke on any vehicle used on Thurrock Council contracted services, in accordance with current UK smoke free legislation nor smoke in the vicinity of the vehicle or in the vicinity of the pick-up or put-down premises.
5.11.The Contractor shall ensure that all staff, including escorts and drivers, are prohibited from taking photographic and video images of passengers, with the exception of ICO registered Closed Circuit Television equipment.
5.12.The Contractor shall ensure that all staff, including escorts and drivers, are aware that the communication of inappropriate material or inappropriate contact with Passengers is prohibited.
5.13.The Contractor will ensure that drivers and Escorts are prohibited from offering food, drink, medicines, money, cigarettes or any other substances to all Passengers.
5.14.Where a Passenger must eat or drink as part of their condition, for example Passengers with diabetes, the food eaten must only be that supplied by the Passenger or their Parent or Guardian.
6.0Contractor duties
6.1.The Contractor shall ensure that:-
6.1.1.All vehicles used on the services must be clean and equipped with a properly maintained heating and ventilation system, shall be weatherproof against the entry into the vehicle by leakage of rainwater, snow or other precipitation and, if required, have provision for the secure carriage of Special Needs Passengers' equipment.
6.1.2.Inform the Council of any significant changes in demand for the service(s), and where appropriate, make recommendations for improving the financial performance.
6.1.3.Fully complete and return promptly to the Council such record forms or othercorrespondence as may be required by the Council in respect of revenue, mileage and public correspondence.
6.1.4.Not used
6.1.5.In the event of the vehicle, driver or passengers being involved in a serious incident the Contractor shall be responsible for ensuring that the Council is notified immediately and within seven days, provided with a written report (prepared at the Contractor's expense) specifying full details of the time, location, parties involved and circumstances in which the incident took place.
6.1.6.There is sufficient off road parking for all vehicles used on this contract.
6.1.7.A telephone is answered by a responsible person between 0800 and 1730Mondays to Fridays, except where contracts operate outside these times in which case the phone should be answered between 0700 and 2000 on the days when the contractoperates. A redirected message is acceptable only where a responsible person answers the redirected call.
6.1.8.The carriage of Passengers in wheelchairs should be undertaken in accordance with the Department of Transport Code of Practice entitled: The Safety of Passengers in Wheelchairs on Buses (VSE 87/1) or any subsequent guidelines which are issued.
6.1.9.When using closed circuit television ("CCTV") equipment and handling CCTV footage theContractor shall:
6.1.10.Comply with any request by the Council for the release of CCTV footage and shall ensure the CCTV footage is provided to the Council or School within 2 working days of the Council's request;
6.1.11.Ensure that at all times the CCTV equipment is operated and the CCTV footage is handled in strict compliance with current legislation, and
6.1.12.Ensure that images on the CCTV footage shall be viewed only when strictly necessary by persons authorised by the Contractor and such authorised persons must hold a current and approved Thurrock Council fully enhanced CRB check.
6.1.13.Ensure that the CCTV footage shall remain available for the duration of the investigation, if requested
6.1.14.All local bus contractors to agree to work in partnership with Essex, Southend and Thurrock Councils in order to deliver real time information for passengers and provide service data to be used to improve the punctuality and reliability of services.
6.2.Equal opportunities and Human Rights
6.2.1In the performance of the services provided in accordance with this contract in its dealings with Passengers, Council employees and members of the general public, the Contractor shall comply and shall ensure that its employees, agents, drivers, Escorts, Conductors and Sub- Contractors comply with:
6.2.2The Human Rights Act 1998;
6.2.3All legislation, official guidance and codes of practice relating to equal opportunities, including but without limitation relating to disability discrimination, sex discrimination and race relations and shall in particular comply with the provisions set out in the Appendix hereto (Anti-Discrimination Requirements); and
6.2.4The Contractor is required to publish their policy on Diversity and Equality and make this available to the Council on request
6.2.5The Contractor shall inform the Council as soon as the Contractor becomes aware of any legal proceedings or complaint brought against the Contractor under the legislation set out in clause 6.2.1
6.2.6Where any investigation is conducted or proceedings are brought arising directly or indirectly out of the provision of the services in accordance with this contract or any other action by the Contractor or its employees, agents, drivers, Escorts, Conductors and Sub- Contractors, the Authority shall be entitled to recover from the Contractor, where such investigation or proceedings find the Contractor to be in breach of this Contract, the full cost it may have incurred in such investigation or proceedings and such other financial redress to cover any payment the Council may have been ordered or required to pay to a third party.
6.2.7The Contractor shall provide such information as the Authority may reasonably request for the purpose of assessing the Contractor's compliance with this clause 6.2.1
7.0Variation and termination of contracts
7.1.If the Contractor fails to observe or perform any of the material terms and conditions of this Contract, or shall not observe or perform those conditions to the satisfaction of the Council, then the Council acting reasonably may:
7.1.1.forthwith, terminate this Contract without prejudice to any rights which may have already accrued to the Council or to the Contractor, or
7.1.2.enact the provisions of Section 7
7.2.Should the Contractor repudiate this Contract or should the Council terminatethe Contract pursuant to clause (7.1.1) or should the Contractor fail for any reason to make or complete a particular journey, the Council may employ another person or company to perform all or any of the Contractor's obligations under this Contract.