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The Contractor acknowledges that the Council is subject to the Best Value Duty and that the provisions of this Clause 21 are intended to assist the Council in discharging its Best Value Duty in relation to the Services.
The Contractor shall, throughout the Contract Term assist the Council to discharge its Best Value Duty in relation to the Services.
In discharging its obligations under Clause 21.2 the Contractor shall comply with the provisions of this Clause 21 and shall undertake or refrain from undertaking such actions as the Council shall request to enable the Council to comply with the Best Value Duty in Part 1 of the 1999 Act insofar as it relates to the Services including:
actively promoting, supporting and assisting the Council in meeting its Best Value Duty in respect of the Services including (where considered appropriate by the Council) conducting Best Value Reviews and preparing Best Value Performance Plans;
complying with all requests by the Council for assistance in preparing Best Value Performance Plans;
complying with requests for information, data or other assistance made by the Council in pursuance of the Best Value Duty including:
a) to facilitate the inspection of the Council's compliance with its Best Value Duty
b) pursuant to Part 1 of the 1999 Act; and to assist the Council in relation to any action taken by the Secretary of State
c) under sections 10, 11 and 15 of the 1999 Act; and to enable the Council to comply with the Publication of Information Direction 1998.
complying with all requests from the Council to procure the attendance of specific employees at any meetings of the Council at which the Contract is to be discussed (but not more than four meetings per year);
permitting any Best Value Inspector, in connection with the exercise of his statutory powers and duties and at all reasonable times and upon reasonable notice, reasonable access to all Thanet District Council buildings, Contractor buildings and to any employee, agent or Sub-Contractor of the Contractor and to any document or data relating to the Services;
facilitating the audit of the Council's Best Value Performance Plan by the Council's Auditors pursuant to section 7 of the 1999 Act; and
facilitating the Council preparing any statement in response to an Auditor's report pursuant to section 9 of the 1999 Act.
The Council shall at all times act reasonably in making or refraining from making requests of the Contractor in connection with the performance, satisfaction and discharge of the Council's Best Value Duty in accordance with Clause 21.1.
On or before each Customer Satisfaction Survey Date the Council may at its discretion instigate a Customer Satisfaction Survey. The Contractor shall at its own cost, co-operate throughout with the Council and any person engaged by the Council to conduct, assist or participate in the Customer Satisfaction Survey. The contents of the Customer Satisfaction Survey shall reflect the principles of the Council's Best Value Duty insofar as it relates to the Services and the purposes of which survey shall include:
assessing the level of satisfaction among users of the Services (including the way in which the Services are provided, performed and delivered) and, in particular, the quality, efficiency and effectiveness of the Services;
assisting the preparation of the Contractor's Annual Services Improvement Plan;
monitoring the compliance by the Contractor with the Services Delivery Plan/its performance of the Services; and
assisting in the Council's preparation of its Best Value Performance Plans.
The Council shall provide the Contractor with a copy of the results of the Customer Satisfaction Survey four weeks prior to the Annual Services Improvement Meeting.
If in the Council's reasonable opinion, the results of the Customer Satisfaction Survey disclose that the Services (including provision, performance or delivery of the Services), or any part may be improved then the Council may require that the Contractor include the Council's proposals to implement the necessary improvements as part of the Annual Services Improvement Plan.
The Customer Satisfaction Survey shall be carried out at the cost of the Council.
On or before each Best Value Review Benchmarking Exercise Date the Council at its discretion may instigate a Best Value Review Benchmarking Exercise and thereafter the following provisions of this Clause 21.9 shall apply.
The parties agree that any Best Value Review Benchmarking Exercise shall be carried out in good faith and each party shall act reasonably in relation to any such Best Value Review Benchmarking Exercise.
The Best Value Review Benchmarking Exercise shall be carried out at the cost of the Council.
The purpose of the Best Value Review Benchmarking Exercise shall be to undertake an objective comparison as at the Best Value Review Benchmarking Exercise Date of the quality and standard of the provision, performance and delivery of the Services with the provision of the same or similar services by a comparator group. The standards and comparator group to be used by Council in carrying out the Best Value Review Benchmarking Exercise shall be agreed with the Contractor and if the matter cannot be agreed it shall be subject to Clause 26 (Alternative Dispute Resolution).
The Council shall provide the Contractor with a copy of the results of the Best Value Benchmarking Exercise and Best Value Review four weeks prior to the Annual Services Improvement meeting.
If, in the Council's reasonable opinion, the results of the Best Value Review Benchmarking Exercise disclose that the Services including the provision, performance or delivery of the Services or any part may be improved having regard to the Best Value Duty then the Council may require that the Contractor include the proposals to implement Best Value Review Improvement Plan as part of the Annual Services Improvement Plan.
Without prejudice to any other provision in this Contract the Contractor shall, no earlier than [x] weeks nor later than two weeks before the Annual Services Improvement Plan Meeting at its own cost, provide the Council with a written plan ("the Annual Services Improvement Plan") which shall contain:
a review of the provision, performance and delivery of the Services during the period of 12 Months prior to the imminent Annual Services Improvement Plan Meeting;
proposals to improve the provision, performance or delivery of the Services (or any part) during the 12 Month period commencing on 1st April having regard to:
(a) the Best Value Duty;
(b) the requirements upon the Council in relation to the contents of the Best Value Performance Plan in relation to the Services for that year;
(c) the results of any Customer Satisfaction Survey;
(d) the results of any Best Value Review Benchmarking Exercise.
The Contractor shall upon written request from the Council promptly provide such written evidence or other supporting information as the Council may reasonably require to verify and audit the information and other material contained in the Annual Services Improvement Plan.
The Parties shall meet at the Annual Services Improvement Plan Meeting details as advised by the Council’s Authorised Officer to seek to agree the contents and method of implementation of the Annual Services Improvement Plan insofar as the Annual Services Improvement Plan discloses that the provision, performance or delivery of the Services (or any part) may be improved having regard to the Best Value Duty.
If the parties agree in accordance with Clause 21.12 the Contractor shall, as soon as practicable and in any event not more than 14 business days after the Annual Services Improvement Plan Meeting begin implementation and shall thereafter continue to carry out the proposals of the Annual Services Improvement Plan.
The Council shall have the absolute discretion to reject the contents and/or method of implementation of the Annual Services Improvement Plan.
Subject to Clause 21.16 the implementation of and compliance with the Annual Services Improvement Plan or any part or parts thereof shall not be construed as a variation of contract and there shall be no consequential adjustment to the payments to the Contractor under Clause 18 (Payment of Invoices).
The cost of complying and implementing the Annual Services Improvement Plan shall be met by the Contractor save in circumstances where the requirement for such compliance and implementation represents a variation of contract and the Annual Services Improvement Plan shall then constitute a variation of contract and the provisions of Clause 23 (Variation of Contract) shall apply accordingly.
The Contractor acknowledges and agrees that, notwithstanding any provision of the Contract which contemplates that the Council will or may from time to time:
inspect any part of the sites appertaining to the Contract;
check compliance by the Contractor with its obligations;
confirm or indicate approval of or non-objection to proposals made by the Contractor;
request the Contractor to vary the Contract/make a change to the Services; or
otherwise seek to influence the manner in which the Contract is conducted by the Contractor, it will always be fully the responsibility of the Contractor, and not the responsibility of the Council to ensure that the Services are provided in all respects in accordance with the Contractor's obligations under this Contract and no such action by or on behalf of the Council will in any way limit or affect such obligations.
The Council shall undertake its own performance monitoring during the Contract Term for any purpose including ensuring that the Services are being provided in accordance with the Contract, that all information provided by the Contractor is accurate and that the Contractor's own monitoring processes are adequate. The Contractor shall co-operate with and assist the Council with such performance monitoring.
If the Council reasonably believes that either the Contractor has failed to observe or perform any of its obligations under the Contract or the Contractor is likely to fail to observe or perform any of its obligations under the Contract the Council may (without prejudice to any other right or remedy available to it) give notice to the Contractor:
requiring the Contractor to carry out additional monitoring in such manner and to such extent as the Council shall reasonably specify;
requiring the Contractor to supply such additional reports, plans and other information in such manner and to such extent as the Council shall specify;
specifying any inspections to be carried out by the Council, its agents or employees in monitoring the performance and observance of the Contractor's obligations under the Contract as are considered necessary by the Council (causing as little disruption and inconvenience to the Contractor as is reasonably practicable).
The Contractor shall co-operate and assist the Council with the monitoring by the Council, its agents or employees and shall make available all the Contractor's records relating to the provision of the Services forthwith on request by the Council and the Council, its agents and employees shall be permitted reasonable access on request by the Council to any of the sites or premises where such records are kept or where the Services are provided or to be provided.
The Contractor shall pay to the Council on demand all reasonable costs (including any associated administrative costs and overheads) incurred by the Council in respect of the inspections referred to in Clause 21.19.3 in the event that the inspection demonstrated that the Contractor failed to comply with this Contract in the provision of the Services.
The formal monitoring process shall take place once every Month by a meeting of the Authorised Officer and the Contracts Manager.
Contract Board Meetings shall be held monthly initially and then at agreed periods not more than 6 monthly. The Council shall give the Contractor no less than two weeks' prior notice of each Contract Board Meeting save in respect of Clause 21.28. The Council will prepare an agenda for each Contract Board Meeting to be held and shall circulate the agenda no less than five business days before each Contract Board Meeting.
The Council shall appoint persons to the Contract Board which shall consist of at least the Authorised Officer and at the Council's discretion may also consist of other representatives of the Council. The Contractor shall also appoint persons to the Contract Board which shall consist of at least the Contract Manager. The remaining Contractor representatives shall be made up of persons who are connected to the provision of the Services or management of the Contract generally (Board membership should be limited to key personnel only – maximum six persons unless deemed necessary by the Council).
Each meeting of the Contract Board shall be attended by at least the Authorised Officer and the Contract Manager.
The agenda of the Contract Board Meeting shall include:
The performance of the Contractor since the last meeting of the Contract Board at which the Contractor's performance was considered or, in the case of the first meeting, since the Commencement Date;
any material variations;
any disputed invoices; and
such other business as either party shall notify to the other no less than 14 calendar days before the dates of the meetings.
Each meeting of the Contract Board may be preceded by a series of informal meetings as deemed necessary by either party.
The parties acknowledge that from time to time there may be a requirement for an urgent Contract Board Meeting. Such meetings will only be called where the matter or matters to be discussed cannot be deferred until the next regular meeting of the Contract Board. Either party may call such urgent meeting of the Contract Board but the Council shall have the absolute discretion to reject the holding of such meeting. The Authorised Officer and the Contract Manager as a minimum shall attend such urgent meeting as long as they are notified of the meeting no less than two business days before the meeting, or such shorter period as may be reasonable in the circumstances.
The formal arrangements set out in this Clause 21 do not limit the Contractor's obligations to meet and liaise with the Authorised Officer to secure the smooth performance of the Services and are without prejudice to any other of the obligations under the Contract.
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E-mail: contracts@thanet.gov.uk
Tel: 01843 577111