General Conditions of Contract

1. Definitions

1.1 “Best Value Duty”

Means the duty imposed on the Council by Part 1 of the 1999 Act and under which the Council is under a statutory duty to continuously improve the way its functions are exercised, having regard to a combination of economy, efficiency and effectiveness and to the Guidance issued from time to time by the Secretary of State, Audit Commission and the Chartered Institute of Public Finance and Accountancy pursuant to, or in connection with, Part 1 of the 1999 Act.

1.2 "Best Value Performance Plans"

Means the best value performance plans which are required to be provided by the Council each financial year in accordance with section 6 of the 1999 Act.

1.3 "Best Value Review"

Means the review which is required to be conducted by the Council in accordance with section 5 of the 1999 Act.

1.4 "Best Value Review Benchmarking Exercise"

Means the benchmarking exercise to be undertaken in relation to the Services in accordance with Clause 21 (Best Value).

1.5 "Best Value Review Benchmarking Exercise Date"

Means the date [18 Months] after the Commencement Date and each anniversary thereof during the duration of the Contract or any other date the Council nominates to carry out the Best Value Review Benchmarking Exercise not being more often than once every year.

1.6 "Code"

Means the Code of Practice on Workforce Matters in Local Authority Service Contracts as currently contained in ODPM Circular 3/03 Annex D. http://www.communities.gov.uk/corporate/

1.7 "Code Obligations"

Means the express obligations of the Contractor in Clause 42(other than that in Clause 42.9) which derive from the Code.

1.8 "Confidential Information"

Means any information which is disclosed by one party to the other pursuant to or in connection with the Contract (whether orally or in writing and whether or not such information is expressly stated to be confidential or marked as such).  For the purposes of this definition, confidential information also includes information provided to the Council in connection with the Contractor's tender for the Services.

1.9 "Contract Price Rates"

Means the sums exclusive of Value Added Tax, payable to the Contractor by the Council under the Contract for the full and proper performance by the Contractor of the Contract.

1.10 "Contract Term"

Means the period referred to in Clause 6 (Contract Term).

1.11 "Customer Satisfaction Survey Date"

Means the date 18 Months after the Commencement Date and each anniversary thereof during the duration of the Contract or other such date the Council nominates to carry out the Customer Satisfaction Survey not being more often than once every year.

1.12 "Customer Satisfaction Survey”      

Means the survey more particularly described in Clause 21.

1.13 "Directive"

Means the EU Acquired Rights Directive 77/187 as amended or consolidated from time to time

1.14 "Extended Period(s)"

Means the period defined in Clause 7 (Option to Extend the Contract Term).

1.15 "Local Government Pension Scheme"

Means the Local Government Pension Scheme established pursuant to regulations made by the Secretary of State in exercise of powers under sections 7 and 12 of the Superannuation Act 1972 as amended from time to time.

1.16 "New Employees"

Means those new employees employed by the Contractor to provide the Services who will be working alongside the Transferring Employees.

1.17 "Parties"

Means the Council and the Contractor and "Party" shall mean either of them as the case may require.

1.18 "Regulations"

Means the Transfer of Undertakings (Protection of Employment) Regulations 1981 as amended or modified from time to time.

1.19 "Relevant Employees"

Means the employees who are the subject of a Relevant Transfer.

1.20 "Relevant Transfer"

Means a relevant transfer for the purposes of the Regulations.

1.21 "Sub‑Contractor"

Means a person to whom the Contractor sub‑contracts any of its obligations under the Contract.

1.22 "The 1999 Act"

Means the Local Government Act 1999.

1.23 "The Authorised Officer"

Means the officer designated by the Council or any other officer authorised by the Council for the purposes of the Contract.

1.24 "The Commencement Date"

Means the date on which the Contractor is to commence the provision of the Services.

1.25 "The Conditions"

Means the general terms and conditions of contract as set out in this document.

1.26 "The Contract"

Means the agreement concluded between the Council and the Contractor for the provision of the Services, including all specifications, plans, drawings and other documents which are relevant to the Contract.

1.27 "The Contractor"

Means the individual or firm or company whose Tender shall have been accepted by the Council, and where the Contractor is an individual or partnership the expression shall include the personal representatives of that individual or of the partners, as the case may be.

1.28 "The Contract Manager"

Means the person appointed by the Contractor to act as the Contractor's agent pursuant to Clause 13 (Contractor's Superintendence).

1.29 "The Council"

Means Thanet District Council.

1.30 "The Effective Date"

Means the date of the Contract.

1.31 "The Expiry Date"

Means the last day of the Contract Term referred to in Clause 6 (Contract Term) and for this purpose the Contract Term does not include any extended period(s).

1.32 "The Relevant Area"

Means the administrative area of Thanet District Council.

1.33 "The Services"

Means the whole of the services or any of them to be provided by the Contractor pursuant to the Contract or such of them as may from time to time remain the subject of the Contract.

1.34 "Transfer Date"

Means the date the Transferring Employees are transferred to the employment of the Contractor.

1.35 "Transferring Employee"

Means an employee, whose contract of employment becomes, by virtue of the application of the Regulations in relation to what is done for the purposes of carrying out a contract between the Council and the Contractor, a contract of employment with someone other than his existing employer.

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Procurement

E-mail: contracts@thanet.gov.uk

Tel: 01843 577111