THE MAYOR AND BURGESSES OF
THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA
[ PROVIDER ]
CONTRACT FOR THE PROVISION OF CIVIL
PARKING ENFORCEMENT SERVICES
Developed and based on the BPA Model Contract
Clause 1 PARTIES AND
Clause 2 DEFINITIONS AND INTERPRETATION
Clause 3 REPRESENTATIVES
Clause 4 COMMENCEMENT AND DURATION
Clause 5 TRANSITION ARRANGEMENTS
Clause 6 THE SERVICES
Clause 7 REMUNERATION
Clause 8 PAYMENT TERMS
Clause 9 CHANGE TO SERVICES AND/OR THE REMUNERATION
Clause 10 PREMISES
Clause 11 EQUIPMENT AND MATERIALS
Clause 12 INTELLECTUAL PROPERTY
Clause 13 TUPE
Clause 14 STAFFING
Clause 15 REVIEW MEETINGS
Clause 16 PROVISION OF INFORMATION
Clause 17 AUDIT
Clause 18 MONITORING
Clause 19 COMPLAINTS
Clause 20 QUALITY MANAGEMENT
Clause 21 ENVIRONMENTAL MANAGEMENT
Clause 22 WARRANTIES AND REPRESENTATIONS
Clause 23 INDEMNITY
Clause 24 INSURANCE
Clause 25 DISPUTE RESOLUTION PROCEDURE
Clause 26 DEFAULT AND TERMINATION
Clause 27 CONSEQUENCES OF EXPIRY OR TERMINATION
Clause 28 FORCE MAJEURE
Clause 29 RELIEF EVENTS
Clause 30 HEALTH AND SAFETY
Clause 31 EQUAL OPPORTUNITIES AND HUMAN RIGHTS
Clause 32 DATA PROTECTION
Clause 33 FREEDOM OF INFORMATION
Clause 34 CONFIDENTIALITY
Clause 35 ASSIGNMENT AND SUB-CONTRACTING
Clause 36 CORRUPT GIFTS AND FRAUD
Clause 37 RIGHTS AND DUTIES RESERVED
Clause 38 LOCAL GOVERNMENT OMBUDSMAN
Clause 39 ENTIRE AGREEMENT
Clause 40 NO PARTNERSHIP OR AGENCY
Clause 41 NO WAIVER
Clause 42 SEVERANCE
Clause 43 VARIATION
Clause 44 NOTICES
Clause 45 EMU CONTINUITY
Clause 46 CONTRACTS (RIGHTS OF THIRD PARTY) ACT 1999
Clause 47 LAW AND JURISDICTION
SCHEDULE 1 Schedule of Variables
SCHEDULE 2 Specification
SCHEDULE 4 Key Performance Indicators
Change Control Procedures
SCHEDULE 6 Transferring Employees
SCHEDULE 7 Parking Plan
SCHEDULE 8 Adjudicator and Expert
SCHEDULE 9 Equality
SCHEDULE 10 Intellectual Property
SCHEDULE 11 Target Cost
SCHEDULE 12 Contract Plan
SCHEDULE 13 Quality Manual
SCHEDULE 14 Environmental Management System
SCHEDULE 15 Form of Licence
SCHEDULE 16 N/A
SCHEDULE 17 Partnership Charter
CONTRACT FOR THE PROVISION OF CIVIL PARKING
PARTIES AND RECITALS
THE ROYAL BOROUGH OF KENSINGTON AND
whose address is Town Hall, Hornton Street, London W8 7NX
whose registered number is [NUMBER] (if a registered company)
and whose registered office/principal place of business is at [ADDRESS]
(the “Service Provider”
(A) The Council issued its Invitation to Tender and the Service Provider
responded on the dates set out in the Schedule of Variables.
(B) The Council has selected the Service Provider to provide the Services and
the Service Provider undertakes to provide the Services on the terms and
conditions set out in this Contract.
(C) The Parties acknowledge that a major objective of this Contract is to
achieve year on year continuous improvement. In providing the Services,
the Service Provider shall have regard throughout the Contract Term to
making arrangements in consultation with the Council to secure continuous
improvement in the way in which the Services are provided.
(D) The Parties accept that a co-operative and open relationship is needed for
success and that partnering will achieve this when carrying out their
obligations under this Contract. The Parties will act fairly towards each
other in a spirit of trust and mutual co-operation for the achievement of this
objective. A system of regular review meetings as detailed in Clause
(Review Meetings) will be established for this purpose. The Parties shall
use these meetings to help to resolve problems which may otherwise
prejudice the performance of their respective obligations under this
The Service Provider’s performance will be monitored using KPIs and the
Service Provider’s achievement or non-achievement of the KPIs will
determine the level of remuneration received by the Service Provider each
The Council encourages the Service Provider to use innovation in the
provision of the Services to reduce costs and to share benefits.
DEFINITIONS AND INTERPRETATION
2.1 The terms and expressions used in this Contract will have the meanings
set out below:
means the published NJC Labour Rates for Local Government and the
Consumer Price Index - All Items.
means the proportion of the Target Cost set out in the Schedule of
means any day including statutory bank holidays;
“Certificate of Costs”
has the meaning given to it in Clause
7.6 (Open Book Accounting);
“Change Control Procedures”
means the change control procedures set out in Schedule
means the Code of Practice on workforce matters in Local Authority Service
Contracts as currently contained in ODPM Circular 3/03;
means the date set out in the Schedule of Variables;
means this contract including the Schedules;
means the person appointed and authorised by the Service Provider to
represent the Service Provider for the purposes of this Contract, whose
details are set out in the Schedule of Variables;
means the plan setting out the methods to be used by the Service Provider
to provide the Services under this Contract as set out in Schedule
means the Initial Contract Term as may be extended in accordance with
4 (Commencement and Duration) or reduced by earlier termination
of this Contract for whatever reason;
means the person appointed and authorised by the Council to represent
the Council for the purposes of this Contract, whose details are set out in
the Schedule of Variables;
means the software provided to the Councils by Spur Information Solutions
Ltd. The Councils will grant a sub-license to the Service Provider for use of
the software under Clause
11 (Intellectual Property) as set out in Schedule
10 (Intellectual Property);
means the EC Acquired Rights Directive 2001/23/EC of 12 March 2001, as
“Dispute Resolution Procedure”
means the procedure to deal with disputes as set out at Clause
“Environmental Management System”
means the Service Provider’s environmental management systems as set
out in Schedule
13 (Environmental Management System);
“Equipment and Materials”
means all plant, vehicles, equipment, materials and consumables to be
used by the Service Provider to provide the Services;
“Fellow Service Provider”
means any service provider who is providing services the same as or
similar to the Services to the Council at the Locations during the Contract
“Former Service Provider”
means any service provider who provided services the same as or similar
to the Services to the Council at the Locations immediately prior to the
“Force Majeure Event”
means any event materially affecting the performance by a Party of its
obligations under this Contract arising from any act, event, omission,
happening or non-happening beyond its reasonable control including,
without limitation, acts of God, war, riot, fire, flood, or any disaster affecting
“Initial Contract Term”
means the period set out in the Schedule of Variables;
means the key performance indicators as set out in Schedule
Performance Indicators) against which the Service Provider’s performance
will be measured;
means any Act of Parliament or subordinate legislation within the meaning
of the Interpretation Act 1978, any exercise of the Royal Prerogative, and
any enforceable community right within the meaning of section 2 of the
European Communities Act 1972, in each case in the United Kingdom;
“Local Government Pension Scheme”
means the Local Government Pension Scheme made by the Secretary of
State in exercise of powers under sections 7 and 12 of the Superannuation
Act 1972, as amended;
means the locations from where the Services are to be provided as set out
in the Specification;
means the new employees to be employed by the Service Provider to
provide the Services who will be working alongside the Transferring
means the Council’s plan relating to on-street and off-street parking and
traffic and parking enforcement, a copy of which is set out in Schedule
means a party to this Contract and “Parties” shal be construed accordingly;
means the period as set out in the Schedule of Variables;
means the premises set out in the Schedule of Variables;
offering, giving or agreeing to give to any servant of the Council
any gift or consideration of any kind as an inducement or reward:
doing or not doing (or for having done or not having done) any act
in relation to the obtaining or performance of this Contract or any
other contract with the Council; or
showing favour or disfavour to any person in relation to this
Contract or any other contract with the Council; or
committing any offence:
under the Bribery Act 2010 and S.117(2) Local
Government Act 1972
under legislation creating offences in respect of
fraudulent acts; or
at common law in respect of fraudulent acts in
relation to this Contract or any other contract with the
defrauding or attempting to defraud or conspiring to
defraud the Council;
means the Service Provider’s quality manual as set out in Schedule
means a relevant transfer for the purposes of TUPE;
means any of the following events to the extent that the event does not
constitute a Force Majeure Event and provided that the event does not arise
(directly or indirectly) as a result of any wilful act, default or breach by the
fire, explosion, lightning, storm, tempest, flood, bursting or
overflowing of water tanks, apparatus or pipes, ionising radiation,
earthquakes, riot and civil commotion;
failure by any statutory undertaker, utility company, local council
(including the Council) or other body to carry out works or provide
any failure or shortage of power, fuel or transport;
any official or unofficial strike, lock-out, go-slow or other dispute
generally affecting the parking enforcement sector;
delays in granting any permissions or consents which may be
necessary in respect of the provision of the Services;
delays caused by any act or omission of the Council; or
the imposition of restrictions or limits by the Council on parking
tariffs or parking fines at the Locations;
means the sums to be paid by the Council to the Service Provider pursuant
“Schedule of Variables”
1 (Schedule of Variables);
“Service Provider Software”
means the software owned by the Service Provider and licensed to the
Council under Clause
12 (Intellectual Property) as set out in Schedule
means the whole or any part of the services to be provided by the Service
Provider to the Council under this Contract as set out in the Specification;
means the specification for the Services as set out in Schedule
means the target cost to be incurred by the Service Provider as calculated
on an annual basis in accordance with Schedule
11 (Target Cost);
means the Royal Borough of Kensington and Chelsea’s Tenant
means the employees of the Former Service Provider who will transfer from
the employment of Former Service Provider to the employment of the
Service Provider as a result of the application of TUPE in relation to the
“Transferring Original Employees”
means the employees of the Council who previously transferred to the
employment of the Former Service Provider and who will transfer to the
employment of the Service Provider as a result of the application of TUPE
in relation to this Contract;
means the transition period as set out in the Schedule of Variables;
means the Transfer of Undertakings (Protection of Employment)
Regulations 2006, as amended;
means the hours during which the Services are to be provided as set out in
the Specification; and
means a day on which the service is provided.
Reference to any statute, enactment, order, regulation or other similar
instrument shall be construed as a reference to the statute, enactment,
order, regulation or instrument as amended by any subsequent statute,
enactment, order, regulation or instrument or as contained in any
subsequent re-enactment thereof.
2.3 Headings are included in this Contract for ease of reference only and shall
not affect the interpretation or construction of this Contract.
2.4 References to Clauses and Schedules are, unless otherwise provided,
references to the Clauses and the Schedules to this Contract.
2.5 In the event of any conflict or inconsistency between any provision of the
Clauses and any provisions of the Schedules, the Clauses shall prevail. In
the event of any conflict or inconsistency between the Schedules, the
provisions of the Specification shall prevail over the provisions of all other
Schedules unless and only to the extent that any other Schedule expressly
states that a particular requirement of the Specification shall not apply.
2.6 Except as otherwise expressly provided in this Contract, all remedies
available to the Service Provider or to the Council under this Contract are
cumulative and may be exercised concurrently or separately and the
exercise of any one remedy shall not exclude the exercise of any other
The Council’s Representative shal liaise with and give instructions to the
Service Provider and its officers, employees, agents or sub-contractors in
relation to all matters concerning the performance by the Service Provider
of its obligations under this Contract and shall determine any matters or
issue any notices as may be the function of the Council’s Representative
under this Contract.
The Contract Manager shall have the power to act on behalf of the Service
Provider in connection with any matter relating to the performance of the
Services and to exercise the rights, functions and obligations of the Service
Provider under this Contract.
Changes to Council’s Representative and Contract Manager
Any changes to the identity of the Council’s Representative and the
Contract Manager shall be communicated in writing to the other Party
within fourteen (14) Days of the change.
COMMENCEMENT AND DURATION
This Contract and the rights and obligations of the Parties shall take effect
on the Commencement Date and shall continue for the Initial Contract
Term as may be extended as set out in the Schedule of Variables.
During the Transition Period, the Service Provider shall liaise with the
Council, any Former Service Provider and any Fellow Service Providers to
ensure an effective and timely handover of the Services, including but
without limitation, attending meetings with the Council, any Former Service
Provider and any Fellow Service Providers as are reasonably required by
The Service Provider shall provide the Services at the Locations during the
Working Hours for the Contract Term in accordance with the Council’s
requirements as set out in the Specification and the terms of this Contract.
In providing the Services, the Service Provider shall comply with the
In providing the Services, the Service Provider shall comply with and take
into account all applicable laws, bye laws, traffic regulation orders,
enactments, regulations and other similar instruments, the requirements of
any court with relevant jurisdiction and any local, national or supra-national
agency, inspectorate, minister, ministry, official or public or statutory person
of the government of the United Kingdom or of the European Union
including but without limitation any bodies specified in the Schedule of
The Remuneration will be paid to the Service Provider in accordance with Clause
8 (Payment Terms) and Schedule
3 (Payment Mechanism).
The Base Payment
In consideration for the provision of the Services, the Council shall pay to
the Service Provider the Base Payment as adjusted in accordance with Clause
Adjustment to the Base Payment
The Base Payment shall be adjusted by way of an addition or deduction
dependent on the Service Provider’s provision of deployed hours and non
-achievementof the KPIs calculated in accordance with Schedule
Performance Indicators), provided that no deduction shall be made to the
Base Payment for the Service Provider’s non-achievement of deployed
hours and KPIs to the extent that such non-achievement results from:
a breach by the Council of any of its obligations under this Contract;
a Force Majeure Event; or
a Relief Event.
Share of savings
Where the Service Provider has proposed a change to the Services which
results in a reduction of the Target Cost and that change has been
accepted by the Council under the Change Control Procedures, the Council
will pay to the Service Provider a proportion of the savings achieved directly
as a result of the change calculated in accordance with the Schedule of
Variables. The Service Provider will not be entitled to savings arising from
the change in service required by the Council or legislation.
Value Added Tax (“VAT”)
The Council shall pay any VAT on the Remuneration at the rate and in
the manner prescribed by law from time to time.
The Service Provider shall provide the Council with any information
reasonably requested by the Council in relation to the amount of VAT
chargeable in accordance with this Clause
Where any amount is calculated by reference to any sum that has or may
be incurred under this Contract, the amount shall include any VAT to the
extent that such VAT is not recoverable as input tax by that person (or a
member of the same VAT group), whether by set-off or repayment.
Open Book Accounting
The Service Provider shall, provide an Open Book Account on a
quarterly basis for the Service. The Open Book Account shall be in the
format set out in the Target Cost Schedule or in the format acceptable
to the Council’s Finance Department. Without prejudice to the rest of this Clause
7.6, the Service Provider shall, at the request of the Council,
provide to the Council a certificate of costs (the “Certificate of Costs”
within twenty one (21) Calendar Days of such request, provided that the
Council may not request a Certificate of Costs more than once in any
year of the Contract Term.
7.6.2 The Certificate of Costs shal set out the Service Provider’s direct costs,
and overheads in providing the Services over the preceding year of the
Contract Term, including details of the following:
the Target Cost;
actual capital expenditure, including capital replacement costs;
actual operating expenditure relating to the provision of the
Services, with an analysis showing the costs of staff,
consumables, sub-contracted and bought-in services;
all interest, expenses and other third party financing costs incurred
in relation to the Services; and
details of the overhead recoveries that have been made in relation
to the Services.
Following receipt of the Certificate of Costs, the Service Provider shall
provide to the Council such additional information as it may reasonably
request so that the Council can verify the accuracy of the Certificate of
The Council shall pay the Remuneration to the Service Provider in
accordance with the procedure set out in the rest of this Clause
The Service Provider shall submit an application for payment of the
Remuneration to the Council’s Representative within seven (7) Calendar
Days of the commencementof each Payment Period.
8.3 The application for payment of the Remuneration shall be in the form of a
pro-forma invoice in two (2) distinct parts covering:
the Base Payment;
any adjustment to the Base Payment in accordance with Clause
(Adjustment to the Base Payment);
The Council’s Representative shal consider and certify an application for
payment made under Clause
8.2 within seven (7) Calendar Days of receipt
of the application.
Should the Council’s Representative require an adjustment to any part of
the Remuneration set out in the application for payment, the Council’s
Representative shall inform the Service Provider in writing of the reason for
and effect of any such adjustment at the same time as certifying the
Notwithstanding any adjustment made to the Remuneration as outlined in Clause
8.5 the part of the Remuneration unaffected by the adjustment will
be certified in accordance with Clause
The Council shall pay the Remuneration to the Service Provider within
twenty one (21) Calendar Days of certification of the application.
Interest is payable on late payment of the Remuneration at the rate set out
in the Schedule of Variables.
In the event that the Service Provider enters into a sub-contract in
connection with this Contract, the Service Provider shall ensure that a term
is included in the sub-contract that requires the Service Provider to pay all
sums due under the sub-contract to the relevant sub-contractor a specified
period, not exceeding thirty (30) Calendar Days, from the date of receipt of
a valid invoice as defined by the terms of the sub-contract.
8.10 Any dispute relating to the calculation or payment of the Remuneration
7 (Remuneration) or this Clause
8 (Payment Terms) shall
be resolved in accordance with the Dispute Resolution Procedure.
8.11 For the purposes of calculating the Remuneration the rates stated in the
Target Cost Schedule will remain fixed for 12 months following the
Commencement Date. The rates shall be adjusted thereafter to take
account of any increase or decrease in the Approved Indices as detailed in
Clause 8.12 during the previous 12 months and shall apply for the 12
months following. For the applicable rates to be applied, the Service
Provider shall submit their request to the Council no later than three months
after the anniversary date each year or otherwise agreed.
Pursuant to Clause 8.11, the Target Cost Schedule and charge out rates
for ad-hoc services shall be adjusted annually by reference to the Approved
Indices as follows: The percentage (%) of the sum of the costs relating to
labour by reference to NJC and percentage (%) of all other items excluding
capitalised costs by reference to the Retail Price Index (published by
National Statistics Office). There will be no adjustment relating to
depreciation of capital expenditure.
CHANGE TO THE SERVICES AND/OR THE REMUNERATION
Either Party may request a change to the Services and/or the
Remuneration in accordance with the Change Control Procedures.
Where a change in law occurs which directly affects the provision
of the Services under this Contract, either Party may request any
necessary change to the Services and/or the Remuneration to deal with
the change in law in accordance with the Change Control Procedures.
10.1 Premises owned by the Council
10.1.1 On or prior to the Commencement Date, the Council shall grant to the
Contractor and the Contractor shall accept, a Licence/lease in the form
set out in Schedule
15 (Form of Licence – to follow) to the Service
Provider to use the Premises for the sole purpose of providing the
Services. The License/lease shall be granted on a peppercorn rent. The
contractor shall be responsible for the repair and maintenance of the
premises, service charges and consumables but not the rates.
10.1.2 The Council warrants that the Premises are in a good and suitable
condition to enable the Service Provider to provide the Services .
10.1.3 On expiry of the Contract Term, the licence granted by the Council to
the Service Provider pursuant to Clause
10.1 shall terminate and the
Service Provider shall immediately vacate the Premises.
On termination of the Licence/lease to use the Premises, the Service
Provider shall ensure that the Premises are in the same state as they
were in when the licence commenced.
10.2 Access to Council premises
10.2.1 The Council shall give access to any premises occupied by or on behalf
of the Council (including but not limited to the Premises) any person
employed or engaged by the Service Provider or any sub-contractor,
provided that the Council may refuse admission to such a person if such
admission would present a security risk.
10.2.2 Any person employed or engaged by the Service Provider or any sub-
contractor who requires access to any premises occupied by or on behalf
of the Council (including but not limited to the Premises) shall comply
with such rules, regulations and requirements (including those relating
to security arrangements) as may be in force from time to time for the
conduct of personnel when at or outside those premises.
10.3 Premises owned by the Service Provider
Where the Council requires access to premises owned by the Service
Provider in order to receive the Services, the Parties shall agree suitable
licensing, financial and servicing arrangements.
EQUIPMENT AND MATERIALS
11.1 The Service Provider shall provide all Equipment and Materials necessary
for the provision of the Services and shall be responsible for the costs of
providing such Equipment and Materials.
11.2 The Service Provider shall ensure that all Equipment and Materials are:
11.2.1 suitable for the purposes for which they are intended;
11.2.2 maintained in a safe, serviceable and clean condition and replaced as
11.2.3 adequately insured.
11.3 On expiry of the Contract Term, the Council may purchase the Equipment
and Materials or any part of the Equipment and Materials which are used
exclusively in the provision of the Services at the price calculated in
accordance with the Schedule of Variables.
12.1 Council Software
The Council hereby grants to the Service Provider from the
Commencement Date a non-exclusive, non-transferable sub-licence to use
the Council Software (and related technical, user and other documentation)
as detailed in Schedule
10 (Intellectual Property) for the sole purpose of
providing the Services. The sub-licence shall be on identical terms to the
Council’s licence with Spur Information Solutions Ltd.
12.2 Service Provider Software
The Service Provider hereby grants to the Council from the
Commencement Date a non-exclusive, non-transferable licence to use the
Service Provider Software (and related technical, user and other
documentation) as detailed in Schedule
10 (Intellectual Property) for the
purpose set out in the Schedule of Variables.
12.3 Termination of software licences
The licence(s) and/or sub-licence(s) granted under this Clause
terminate immediately on expiry of the Contract Term.
12.4 Intellectual Property Rights
All intellectual property rights in any material produced during the
Contract Term and in all reports submitted under this Contract shall vest
in the Council unless otherwise expressly agreed.
12.4.2 Such materials shall not be used, reproduced or disseminated for any
other purposes without the prior written permission of the Council’s
13.1 Application of TUPE
13.1.1 The Parties agree that the provisions of TUPE may apply to this Contract
as indicated in the Schedule of Variables.
13.1.2 In the event that TUPE does apply, the Parties agree that, where the
identity of a provider (including the Council) of any of the Services is
changed pursuant to this Contract (including on expiry of the Contract
Term), the change shall constitute a Relevant Transfer.
13.1.3 On the occasion of a Relevant Transfer (other than a Relevant Transfer
on expiry of the Contract Term), the Service Provider shall and shall
ensure that any replacement service provider shall comply with its
obligations under TUPE and the Directive in respect of the Transferring
13.2 Emoluments and Outgoings
13.2.1 The Former Service Provider shall be responsible for all emoluments
and outgoings in respect of the Transferring Employees, including
without limitation all wages, holiday pay, bonuses, commissions,
payments of PAYE, national insurance contributions, pension
contributions and otherwise, up to the date of any Relevant Transfer.
13.2.2 The Service Provider shall be responsible for all emoluments and
outgoings in respect of the Transferring Employees, including without
limitation all wages, holiday pay, bonuses, commission, payment of
PAYE, national insurance contributions, pension contributions and
otherwise, from and including the date of any Relevant Transfer.
The Service Provider shall ensure that all Transferring Employees and any
Transferring Original Employees are offered membership of the pension
scheme of which they were or were eligible to be members of prior to the
date of the Relevant Transfer or better than the terms of their pension
scheme of which they were, or were eligible to be, members of prior to the
date of the Relevant Transfer.
13.4 Provision of information
The Council warrants that the information set out in Schedule
(Transferring Employees) is accurate and complete as at the date of this
Contract and that the Transferring Employees were employed by the
Former Service Provider immediately prior to the Transfer Date.
13.5 Service Provider to inform Council of any measures
The Service Provider shall within fourteen (14) Calendar Days of receiving
a request from the Council, provide the Council with any information which
is reasonably necessary concerning any measures (within the meaning of
TUPE and the Directive) that the Service Provider intends to take in relation
to any Transferring Employee and any Transferring Original Employees
and shall indemnify the Council against all losses, costs, claims, demands,
actions, fines, penalties, liabilities and expenses (including legal expenses)
in relation to any breach of this Clause
13.6.1 The Service Provider shall indemnify the Council from and against all
losses, costs, demands, actions, fines, penalties, awards, liabilities and
expenses (including legal expenses) in connection with or as a result of
any claim or demand by any Transferring Employee or any Transferring
Original Employee arising out of the employment of such employee
provided that this arises from any act, fault or omission of the Service
Provider on or after the date of the Relevant Transfer.
13.6.2 The Service Provider shall indemnify and hold harmless the Council from
and against all losses, costs, claims, demands, actions, fines, penalties,
awards, liabilities and expenses (including legal expenses) in connection
with or as a result of any claim by any trade union or staff association or
employee representative (whether or not recognised by the Service
Provider in respect of all or any of the Transferring Employees) arising
from or connected with any failure by the Service Provider to comply with
any legal obligation to such trade union, staff associated or other
employee representative under TUPE or the Directive and, whether any
such claim arises or has its origin before or after the date of the Relevant
13.7 New Employees
13.7.1 The Service Provider shall have regard to the Code in employing New
13.7.2 The Service Provider shall employ New Employees on terms and
conditions of employment which are, overall no less favourable than
those of the Transferring Employees holding the same or a similar
position to that of the New Employees.
13.7.3 The Service Provider shall consult with the recognised trade unions and
where there is no recognised trade union any other employee
representative body on the terms to be offered to the New Employees
pursuant to Clause
13.7.4 The Service Provider shall ensure that the New Employees are offered
(a) membership of a good quality employer pension scheme, a
contracted-out final salary based defined benefit scheme, or a
defined contribution scheme; or
a stakeholder pension scheme.
13.7.5 The Service Provider shall support any review and monitoring
programme to be undertaken by the Council or central government on
the impact of the Code and, on request by the Council, provide the
Council with accurate and complete information as soon as reasonably
practicable in order to assist with such a review.
13.8 TUPE Compliance on Termination
13.8.1 During the twelve (12) months prior to the expiry of the Contract Term or
after the Council has given notice to terminate this Contract and within
twenty one (21) Calendar Days of being so requested to do so, the
Service Provider shall fully and accurately disclose to the Council any
and all information in relation to all persons engaged in providing the
a list of employees employed by the Service Provider in the
provision of the Services;
a list of agency workers, agents and independent contractors
engaged by the Service Provider in the provision of the Services;
the total payroll bill (i.e. total taxable pay and allowances including
employer’s contributions to pension schemes) of those persons;
the terms and conditions of employment of such persons.
13.8.2 During the twelve (12) months prior to expiry of the Contract Term or
where notice to terminate this Contract for whatever reason has been
given, the Service Provider shall not without the prior written consent of
the Council unless bona fide in the ordinary course of business:
vary or purport or promise to vary the terms and conditions of
employment of any employee employed in connection with the
materially increase or decrease the number of employees
employed in connection with the Services; or
assign or re-deploy any employee employed in connection with the
Services to other duties unconnected with the Services.
In the event that the Service Provider enters into any sub-contract in
connection with this Contract, it shall impose obligations on its sub-
contractor on the same terms as those imposed on it pursuant to this Clause
14.1 Staff Training
14.1.1 The Service Provider shall at all times employ in and about the provision
of the Services sufficient staff who are properly and sufficiently trained,
qualified, competent, careful, skilled, honest and experienced to ensure
that the Services are provided at all times and shall ensure that adequate
training is provided and maintained to all such staff to ensure that they
are comprehensively trained to perform to the standard required
especially in regard to:
the task or tasks to be performed;
all relevant Council guidelines;
all relevant provisions of this Contract;
all statutory requirements relevant to the Services;
adequate training in respect of both data protection and conflict
(f) the need to maintain the highest standards of courtesy and
14.1.2 The Service Provider shall ensure that within the period set out in the
Schedule of Variables all civil enforcement officers engaged in the
provision of the Services shall hold a current certificate as a result of
passing the nationally accredited VRQ for civil enforcement officers
(level 2) or hold the NVQ for civil enforcement officers (level 2).
14.1.3 The Service Provider agrees that:
where any staffing or skill levels have been agreed as part of the
Specification, those levels will be maintained throughout the
where any named staff have been agreed to be provided as part
the Specification, those staff will be assigned to work on this
it has sufficient reserves of trained and competent staff within each
skill level to provide the Services including sufficient reserves to
provide cover for staff holidays, staff sickness, emergencies or any
other absence; and
it will replace promptly any staff who are assigned to this Contract
and who cease to be in its employment or under its control for
whatever reasons and that such replacements shall have the
broadly equivalent skill levels and shall in every way be suitable
for the performance of the Services.
14.1.4 In the spirit of professionalism and in seeking to achieve the
requirements of section 14, both the Council and Service
Providers are encouraged to employ and use staff who are
members of the Institute of Parking Professionals (IPP) and are
trained in accordance with the recommendations of the BPA Skills
and IPP Board.
14.2 Removal of Staff
14.2.1 Where the Council becomes aware of a complaint against a member of
the Service Provider’s staff, agents or sub-contractors who is involved in
the provision of the Services, the Council’s Representative shal notify
the Contract Manager of the nature of the complaint and provide
supporting documentation where possible.
14.2.2 On receipt of a notification under Clause
14.2.1, the Contract Manager
shall meet with the Council’s Representative to discuss measures to
resolve the complaint and to avoid future complaints.
14.2.3 Where the Council's Representative deems that the complaint justifies
the removal of a member of the Service Provider's staff from the
provision of the Services, (and has explained and disclosed his reasons
to the Service Provider) the Service Provider shall immediately remove
or procure the removal of that person from the provision of the Services
and shall provide or procure at its own cost the provision of a suitable
14.2.4 Any dispute in relation to this Clause
14.2 shall be resolved in
accordance with the Dispute Resolution Procedure.
14.3 Checks on Staff
14.3.1 If the circumstances under which the Services are provided are such that
the Service Provider’s officers, employees, agents or sub-contractors
are required to provide a satisfactory standard or enhanced level (or
other level approved in advance by Council’s Representative) Disclosure
and Barring Service certificate, then the Service Provider shall ensure
that the Service Provider’s officers, employees, agents or sub-
contractors shall provide all relevant information to enable such
Disclosure and Barring Service checks to be carried out.
14.3.2 The Service Provider shall ensure that no member of the Service
Provider’s officers, employees, agents or sub-contractors to commence
their duties in connection with the Services until the appropriate checks
are completed in accordance with clause 14.3.1.
14.4 Abuse of Staff
The Service Provider and the Council shall liaise with the police in relation
to the prosecution of any person for abuse of a member of the Service
Provider’s staff, agents or sub-contractors who is involved in the provision
of the Services.
15. REVIEW MEETINGS
15.1 The Council’s Representative and the Contract Manager shal hold review
meetings at monthly intervals and at any other times as required by the
15.2 The purpose of the monthly review meetings are to:
15.2.1 review the Service Provider’s achievement or non-achievement of the
15.2.2 in the event that the Service Provider’s non-achievement of KPIs to
formulate plan for improving performance;
15.2.3 resolve problems which may otherwise prejudice the performance of the
Parties’ obligations under this Contract;
15.2.4 explore and agree improvement in methods of improving service quality,
reducing costs and achieving continuous improvement; and
15.2.5 provide an opportunity for either Party to raise issues which could cause
disruption to the provision of the Services or otherwise prejudice this
15.3 In the event that the performance of the Service Provider falls below the
the standard as described in Schedule 2 (Specifications) and/or Schedule
4 (KPIs) or where either Party requests a meeting, senior executives of
each Party shall hold a special review meeting to agree an action plan to
bring performance to acceptable levels.
15.4 In addition to the review meetings held under Clause
s 15.1 and 15.3,
senior executives of each Party shall hold reviews at mutually agreed
intervals but in any event within twelve (12) months of the Commencement
Date and subsequently at least once within each twelve (12) month period
thereafter to review the Services provided, the KPIs, the Target Cost, the
Remuneration, the terms of this Contract and any other relevant matters
with a view to deciding whether any improvements can be made and
implemented during the Contract Term. Minutes of such meetings shall be
taken by the Service Provider and approved by the Council’s
15.5 Any changes resulting from the meetings described in this Clause
be effected through the Change Control Procedures.
PROVISION OF INFORMATION
16.1 The Council shall provide the Service Provider with the information set out
in the Specification.
16.2 The Council shall promptly notify the Service Provider of any proposed
changes to bye-laws, policies or traffic regulation orders which may affect
the provision of the Services.
16.3 The Service Provider shall keep and maintain such necessary data and
information and shall complete or provide such assistance as the Council
may reasonably require by written notice to the Service Provider to enable
the Council to complete all official returns, including, but without limitation
16.3.1 returns to any central government body or properly authorised agency of
central government; and
16.3.2 information required by the any statutory body or compliance with any
statute or statutory instrument.
16.4 The Service Provider shall at all times maintain separate records of the
16.4.1 full particulars of the costs of performing the Services, including those
related to finance, investment and maintenance;
16.4.2 a full record of all incidents relating to health, safety and security which
occur during the Contract Term;
16.4.3 a full record of all maintenance procedures carried out during the
Contract Term; and
16.4.4 such other records as the Council may reasonably require having regard
to the cost to the Service Provider of maintaining and providing such
16.5 The records referred to in this Clause
16 shall be retained for a period of
at least six (6) years after the Service Provider’s obligations under this
Contract have come to an end.
16.6 All information referred to in this Clause
16 is subject to the obligations set
out in Clause
16.7 Upon the expiry or termination of this Contract, and in the event that the
Council wishes to enter into another contract for the provision of the
Services and irrespective of the identity of any replacement provider of the
Services, the Service Provider shall comply with all reasonable requests by
the Council to provide information relating to this Contract.
The Service Provider shall at all reasonable times (including following
termination for whatever reason of this Contract) afford to or procure for
any auditor (including any auditor carrying out functions under the Audit
Commission Act 1998 or the Local Government Act 1999) conducting an
internal audit or an external audit or for the Council’s Representative
access to any records, information and data in the possession or control of
the Service Provider which in any way relate to or are or have been used
in connection with the performance of the Services including (but without
limitation) Council data and information stored on a computer system
operated by the Service Provider and shall include permission to copy and
remove any copies and remove the originals of such documents.
The Service Provider shall provide reasonable assistance to the Council
for the purposes of monitoring the provision of the Services at no additional
charge to the Council.
19.1 Prior to the Commencement Date, the Service Provider shall agree with
the Council a complaints procedure in respect of the provision of the
Services which enables the Council to respond to complaints by members
of the public.
19.2 As a minimum, the complaints procedure referred to in Clause
include the following requirements:
19.2.1 that the Service Provider shall not enter into any correspondence directly
with members of the public relating to the Services;
19.2.2 that any complaint received by the Service Provider from a member of
the public shall be logged and passed on to the Council within 2 Working
19.2.3 that the Service Provider shall assist the Council in responding to
complaints from members of the public by providing all information
requested by the Council in the timescales set out in the complaints
19.2.4 that the Service Provider shall keep a record in a form agreed between
the Parties of any complaints received by it and of the action taken by
the Service Provider to remedy or fully investigate each such complaint.
19.3 If a complaint is deemed to be caused by any default in the actions or
systems operated by the Service Provider, the Service Provider shall take
appropriate measures to remedy the default.
19.4 The Service Provider shall, at the request of the Council’s Representative,
arrange for notices to be permanently displayed at the Locations giving
information as to how complaints about the provision of the Services may
20.1 If the Service Provider is qualified to BS EN ISO 9000:2005 then this
Contract shall be performed in accordance with the procedures set out in
its Quality Manual.
20.2 In the event that the Service Provider is not qualified to BS EN ISO
9000:2005 then the Service Provider shall at the Commencement Date
have in place and, throughout the Contract Term, maintain in relation to its
performance of the Services a system of quality assurance and
improvement to be agreed with the Council.
21.1 If the Service Provider is qualified to BS ISO 14001 then this Contract shall
be performed in accordance with the procedures set out in its
Environmental Management System.
21.2 In the event that the Service Provider is not qualified to BS ISO 14001 then
the Service Provider shall at the Commencement Date institute and,
throughout the Contract Term, maintain in relation to its performance of the
Services a system designed to ensure good environment practice
incorporating all relevant Council environmental strategies.
21.3 The Contractor shall endeavour to recycle relevant materials and shall
dispose of all waste pursuant to the Environmental Protection Act 1990 and
the Producer Responsibility Obligations (Packaging Waste) Regulations
1997 as amended.
21.4 The Service Provider shall ensure that every member of staff engaged by
the Service Providers in the provision of the Services is made aware of the
Council’s environmental policies and their roles and responsibilities in
achieving conformance with the environment policy and good
WARRANTIES AND REPRESENTATIONS
22.1 The Parties each warrant and represent that they have full capacity and
have taken all steps and obtained all approvals to enable them to lawfully
enter into and to perform each of their obligations under this Contract.
22.2 The Service Provider warrants and represents that:
22.2.1 in entering this Contract it has not committed any Prohibited Act; and
22.2.2 it has satisfied itself as the nature and extent of the risks assumed by it
under this Contract.
22.3 The Council warrants and represents that it has provided full accurate and
up to date information to the Service Provider in relation to the Services to
be provided under this Contract.
22.4 Except as expressly stated in this Contract, all warranties, terms and
conditions, whether express or implied by statute, common law or
otherwise are hereby excluded to the extent permitted by law.
23.1 The Service Provider shall indemnify and keep indemnified the Council
against all actions, proceedings, costs, claims, demands, liabilities, losses
and expenses whatsoever arising out of, in respect of or in connection with
this Contract during the Contract Term save to the extent that the same is
caused by or arises from the negligence, breach of this Contract or any
other contract, breach of statutory duty, breach of Legislation or other
wrongful act or omission of the Council, its agents, sub-contractors or
23.2 The aggregate liability of the Service Provider, whether for damages,
payments of compensation or by way of indemnity or of any nature
whatsoever arising under or in relation to this Contract or the Services
(including as a result of negligence) shall in relation to:
23.2.1 any claim for which the Service Provider has insurance cover or should
have insurance cover available under the policies of insurance which it
is required to maintain pursuant to Clause
24 (Insurance), be limited to
the maximum sum insured (or which should have been insured) under
the relevant policy of insurance;
23.2.2 all breaches of this Contract resulting in direct loss of or damage to any
kind of property, be limited to five million pounds (£5,000,000); and
23.2.3 all other liability for all breaches or non-performance of this Contract
whether in contract, tort or otherwise be limited to the percentage of the
Remuneration payable during the twelve (12) months in which the
breach occurs as set out in the Schedule of Variables.
23.3 In no event shall either Party be liable to the other for loss of profits,
business revenue, goodwill or anticipated savings.
23.4 The Service Provider shall notify and keep the Council fully informed and
consult with it about the conduct of any claim and shall have due regard to
the Council’s interests.
24.1 The Service Provider shall take out and maintain the following insurance
24.1.1 employer’s liability insurance of not less than ten mil ion pounds
(£10,000,000) in respect of any one claim or series of claims arising out
of one incident;
24.1.2 public liability insurance to provide an indemnity of not less than five
million pounds (£5,000,000) in respect of any one claim or series of
claims arising out of one incident;
24.1.3 third party liability motor insurance of not less than five million pounds
(£5,000,000) in respect of any one claim or series of claims arising out
of one incident; and
24.1.4 any other insurance that may be required by law.
24.2 The Council may require the Service Provider to name the Council as co-
insured (other than employer liability and professional indemnity insurance)
with any other Party maintaining the insurance and any other matter that
the Council considers reasonable in the circumstances.
24.3 The Service Provider shall on request provide to the Council evidence and
copies of all insurance policies required under this Clause
24 within twenty
one (21) Calendar Days of such request.
24.4 If the Service Provider is in breach of this Clause
24, the Council may pay
any premia required to keep such insurance in force or itself procure such
insurance and may in either case recover such amounts from the Service
Provider on written demand.
24.5 The Service Provider shall give the Council notification within thirty (30)
Calendar Days after any claim on any of the insurance policies referred to
in this Clause
24 accompanied by full details of the incident giving rise to
24.6 The Service Provider shall inform the Council of any material changes in
the insurances required under this Clause
DISPUTE RESOLUTION PROCEDURE
25.1 All disputes and differences arising out of or in connection with this Contract
) (whether such disputes are in contract, tort or arise out of or
under any rule of the common law or equity or under any statute) shall be
resolved pursuant to the terms and conditions of this Clause
25.2 The Parties shall each use reasonable endeavours to resolve a Dispute by
means of prompt, bona fide discussion between the Contract Manager and
the Council’s Representative at the review meetings held under Clause
25.3 In the event that a Dispute is not resolved within seven (7) Calendar Days
of it having been referred to a review meeting, then either Party may refer
it to the Council’s nominated officer as set out in the Schedule of Variables
and the Service Provider’s Chief Executive for resolution and the same
shall meet for discussion within seven (7) Calendar Days thereafter or such
longer period as the Parties may agree.
25.4 If the Dispute is not resolved as a result of the meetings referred to in
25.3 either Party may propose to the other Party that mediation be
entered into with the assistance of the Expert appointed in accordance with Schedule
8 (Adjudicator and Expert).
25.5 Within fourteen (14) Calendar Days of the appointment of an Expert, the
Parties shall meet with the Expert in order to agree in good faith a
programme for the exchange of information and the structure to be adopted
for the mediation process.
25.6 If the Parties accept the Expert’s recommendations or otherwise reach
agreement on the resolution of the Dispute, such agreement shall be put
into writing and, once signed by the Council’s Representative and the
Contract Manager, shall be binding on the Parties.
25.7 Failing agreement, either Party may refer the Dispute to an Adjudicator
appointed in accordance with Schedule
8 (Adjudicator and Expert).
25.8 Within twenty eight (28) Calendar Days of appointment, the Adjudicator
shall communicate his decision in writing to the Parties and the Parties shall
comply with the Adjudicator’s decision, including any direction for payment
of sums of money and the payment/ apportionment of the Adjudicator’s
25.9 All negotiations and meetings connected with the Dispute shall be
conducted in confidence and without prejudice to the rights of the Parties
in any future proceedings.
25.10 No reference of any Dispute to an Expert or an Adjudicator pursuant to this
25 shall relieve either Party from any liability for the due and
punctual performance of its obligations under this Contract.
25.11 Notwithstanding the foregoing provision of this Clause
25, either Party shall
have the right to seek appropriate injunctive relief against the other in an
appropriate court having jurisdiction in England and Wales and, provided
such court is satisfied that the proceedings have not been brought
frivolously or vexatiously, all aspects of the Dispute shall be dealt with by
such court and not under this Clause
DEFAULT AND TERMINATION
26.1 The Council may terminate this Contract on written notice to the Service
26.1.1 a court makes an order that the Service Provider be wound up or a
resolution for a voluntary winding-up of the Service Provider is passed;
26.1.2 any receiver or manager in respect of the Service Provider is appointed
or possession is taken by or on behalf of any creditor of all or a material
part of any property of the Service Provider;
26.1.3 the Service Provider enters into any voluntary arrangement for a
composition of debts or a scheme of arrangement is approved under the
Insolvency Act 2000, the Companies Act 2006 or the Enterprise Act
26.1.4 an administration order is made in respect of the Service Provider;
26.1.5 a breach by the Service Provider of its obligation to take out and maintain
the required insurances under Clause
26.1.6 the Service Provider commits any Prohibited Act that is not capable of
26.1.7 the Service Provider commits a breach of the health and safety
requirements under Clause
30 (Health and Safety).
26.2 If either Party has committed a fundamental breach of this Contract which
is capable of remedy, the other Party may serve a written notice on the
Party in specifying:
26.2.1 the type of breach that has occurred giving reasonable details; and
26.2.2 that this Contract will terminate on the day falling forty two (42) Calendar
Days after receipt of the notice, unless the Party in breach puts forward
an acceptable rectification programme or rectifies the breach within
twenty one (21) Calendar Days of receipt of the notice,
and, if the Party in breach fails to rectify the breach within the time period
specified in the notice or to provide an acceptable rectification programme,
the Contract will terminate with immediate effect and without notice.
26.3 The Service Provider may terminate this Contract on written notice if the
Council has instructed the Service Provider to temporarily stop provision of
the Services or any substantial aspect of the Services and has not
instructed the Service Provider to re-commence full provision of the
Services for a period of ninety (90) Calendar Days from receipt of the
26.4 The Council may at any time terminate this Contract upon the provision of
six months notice in writing to the Contractor.
CONSEQUENCES OF EXPIRY OR TERMINATION
27.1 The Service Provider and the Council shall each carry out their respective
responsibilities in accordance with this Contract until expiry or termination
of the Contract.
27.2 The Service Provider shall use its best endeavours to give assistance to
the Council to effect an orderly continuation of the Services after
termination or expiry of this Contract in such a manner as the Council may
27.3 The reasonable costs of any assistance provided by the Service Provider
27.2 shall be borne by the Council.
27.4 The expiry or termination of this Contract shall not prejudice or affect any
claim, right, action or remedy that shall have accrued or shall thereafter
accrue to either Party.
27.5 On expiry or termination of this Contract, neither Party shall have any
further obligations or rights with respect to the other Party provided that
termination of this Contract shall not effect the continuing rights and
obligations of the Parties under Clause
s 1, 2, 12, 13, 16, 22, 23, 27, 32
and 47 or under any other provision of this Contract that is expressed to
survive expiry or termination or is required to give effect to expiry or
termination or the consequences of such expiry or termination.
28.1 On the occurrence of a Force Majeure Event, the affected Party shall notify
the other Party as soon as practicable. The notification shall include details
of the Force Majeure Event, including evidence of its effect on the
obligations of the affected Party and any action proposed to mitigate its
28.2 As soon as practicable following such notification, the Parties shall consult
with each other in good faith and use all reasonable endeavours to agree
appropriate terms to mitigate the effects of the Force Majeure Event and
facilitate the continued performance of this Contract.
28.3 If no such terms are agreed on or before the date falling one hundred and
twenty (120) Calendar Days after the date of the commencement of the
Force Majeure Event and such Force Majeure Event is continuing or its
consequence remains such that the affected Party is unable to comply with
its obligations under this Contract for a period of more than one hundred
and eighty (180) Calendar Days, then, either Party may terminate this
Contract by giving thirty (30) Calendar Days written notice to the other
28.4 The affected Party shall notify the other Party as soon as practicable after
the Force Majeure Event ceases or no longer causes the affected Party to
be unable to comply with its obligations under this Contract. Following such
notification this Contract shall continue to be performed on the terms
existing immediately prior to the occurrence of the Force Majeure Event.
28.5 Neither Party shall be entitled to bring a claim for a breach of obligations
under this Contract by the other Party, or incur any liability to the other Party
for any losses or damages incurred by that other Party to the extent that a
Force Majeure Event occurs and the Party is prevented from carrying out
obligations by that Force Majeure Event.
29.1 If and to the extent that a Relief Event adversely affects the ability of the
Service Provider to provide the Services in accordance with the KPIs and
the terms of this Contract, the Service Provider is entitled to apply for relief
in accordance with Clause
29.2 from any rights the Council may assert
under this Contract.
29.2 To obtain relief, the Service Provider must as soon as practicable, and in
any event within fourteen (14) Calendar Days after it became aware that
the Relief Event has caused or is likely to cause delay and/or adversely
affect the ability of the Service Provider to perform its obligations, give to
the Council a notice of its claim for relief from its obligations under this
Contract, including details of the nature of the Relief Event, the date of
occurrence and its likely duration.
29.3 Within fourteen (14) Calendar Days of receipt by the Council of the notice
referred to in Clause
29.2 above, give full details of the relief claimed and
demonstrate to the reasonable satisfaction of the Council that:
29.3.1 the Service Provider could not reasonably have foreseen the occurrence
or consequences of the relevant Relief Event and could not have
avoided such occurrence or consequences by steps which they might
reasonably be expected to have taken, without incurring additional
29.3.2 the Relief Event directly caused or substantially contributed to the need
for relief from obligations under this Contract;
29.3.3 the relief from the obligations under this Contract claimed could not
reasonably be expected to be mitigated or recovered by the Service
Provider acting in accordance with good industry practice, without
incurring additional expenditure; and
29.3.4 the Service Provider is using reasonable endeavours to perform its
obligations under this Contract.
29.4 Where the Service Provider has complied with its obligations under
29.1 and 29.2, the Council shall not be entitled to exercise its
rights to terminate this Agreement under Clause
26 (Default and
Termination) and, subject to Clause
29.5 below, shall give such other relief
as has been requested by the Service Provider.
29.5 In respect of any unconnected event nothing in Clause
29.3 above shall
affect any entitlement to make deductions under Clause
during the period in which the Relief Event is subsisting.
29.6 In the event that information required by Clause
29.2 above is not provided
by the dates referred to in that clause, then the Service Provider shall not
be entitled to any relief in respect of the period for which the information is
29.7 The Service Provider shall notify the Council if at any time it receives or
becomes aware of any relevant further information relating to the Relief
Event, giving details of that information to the extent that such information
is new or renders information previously submitted materially inaccurate or
29.8 If the Parties cannot agree the extent of the relief required, or the Council
disagrees that a Relief Event has occurred or that the Service Provider is
entitled to relief from its obligations under this Contract, the Parties or either
of them shall refer the matter to the Dispute Resolution Procedure.
HEALTH AND SAFETY
30.1 The Service Provider shall comply with and shall procure that all staff,
agents and sub-contractors engaged in the provision of the Services
comply with the requirements of the Health and Safety at Work etc. Act
1974, and any other acts, regulations and approved codes of practice
relating to the health and safety of staff and others who may be affected by
the Service Provider’s work activities.
30.2 The Service Provider shal provide to the Council’s Representative any
information relating to the Service Provider’s compliance with Clause
that the Council may reasonably request at any time from the
30.3 The Council’s Representative shal be permitted to access at any
reasonable time any site where the Service Provider is undertaking any
Services under this Contract for the purpose of carrying out an inspection
of health, safety and welfare standards.
30.4 The Service Provider shall fully co-operate with the reasonable requests of
the Council’s health and safety adviser and shal provide access to all areas
of the Services, health and safety documentation, welfare facilities,
accident records, training records and certificates, equipment inspection
records, statutory registers and notices, plant and equipment for the
purposes of inspection.
30.5 The Service Provider shall provide to the Council’s Representative, within
seven (7) Calendar Days of receipt, copies of any communication
concerning the health, safety, welfare, environmental or fire safety
standards of the Services, which he receives from any statutory body.
EQUAL OPPORTUNITIES AND HUMAN RIGHTS
31.1 In the performance of the Services and in its dealings with service users,
Council employees and members of the general public, the Service
Provider shall comply and shall ensure that its employees, agents and sub-
contractors comply with:
31.1.1 the Human Rights Act 1998 as if the Service Provider were a public body
as defined in the Human Rights Act 1998;
31.1.2 all 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 Schedule
31.1.3 the Council’s equal opportunities policies and procedures as may be
adopted and amended from time to time and as notified to the Service
31.2 The Service Provider shall inform the Council’s Representative as soon as
the Service Provider becomes aware of any legal proceedings or complaint
brought or likely to be brought against the Service Provider under the
legislation set out in Clause
31.3 The Service Provider shall provide such information as the Council may
reasonably request for the purpose of assessing the Service Provider’s
compliance with this Clause
32.1 The Service Provider shall comply with its obligations under the Data
Protection Act 1998 (the “1998 Act”
) and the Computer Misuse Act 1990
insofar as performance of this Contract gives rise to obligations under those
32.2 Notwithstanding the general obligation in Clause
32.1, where it is
processing personal data (as defined by the 1998 Act) as a data processor
for the Council (as defined by the 1998 Act) the Service Provider shall
ensure that it has in place appropriate technical and organisational
measure to ensure the security of the personal data (and to guard against
unauthorised or unlawful processing of the personal data and against
accidental loss or destruction of, or damage to, the personal data including
that obtained during the operation of Closed Circuit Television), as required
under the Seventh Data Protection Principle in Schedule 1 to the 1998 Act:
32.2.1 provide the Council with such information as the Council may reasonably
require to satisfy itself that the Service Provider is complying with its
obligations under the 1998 Act;
32.2.2 promptly notify the Council of any breach of the security measures
required to be put in place pursuant to Clause
32.2.3 ensure that it does nothing knowingly or negligently which places the
Council in breach of the Council’s obligations under the 1998 Act.
FREEDOM OF INFORMATION
33.1 The Service Provider acknowledges that from time to time the Council may
receive requests for information relating to the Contract and the Services
which but for any right to claim commercial confidentiality the Council will
be obliged to disclose pursuant to the Freedom of Information Act 2000.
33.2 The Service Provider shall ensure that, without prejudice to the generality
of its obligations, to provide information that it does all manner of things
reasonably necessary to assist the Council in meeting the requirements of
the Freedom of Information Act 2000 within the timescales set out therein.
34.1 Subject to Clause
34.2 the Parties shall keep confidential all matters
relating to this Contract and shall use all reasonable endeavours to prevent
their employees and agents from making any disclosure to any person of
any matter relating to this Contract.
34.1 shall not apply to:
34.2.1 any information which the disclosing Party can demonstrate is already
generally available and in the public domain otherwise than as a result
of a breach of this clause;
34.2.2 any disclosure which is required by any law (including any order of a
court of competent jurisdiction) or the rules of any stock exchange or
governmental or regulatory authority having the force of law;
34.2.3 any disclosure of information which is already lawfully in the possession
of the receiving Party, prior to its disclosure by the disclosing Party;
34.2.4 any disclosure by the Council of information relating to the provision of
the Services and such other information as may be reasonably required
for the purpose of conducting a due diligence exercise to any proposed
replacement service provider, should the Council decide to re-tender this
34.2.5 any disclosure of information by the Council to any other department,
office or agency of the government; or
34.2.6 any disclosure for the purpose of:
the examination and certification of the Council’s accounts; or
any examination pursuant to the Audit Commission Act 1998 of
the economy, efficiency and effectiveness with which the Council
has used its resources.
34.3 Where disclosure is permitted under Clause
34.2 the disclosing Party shall
ensure that the recipient of the information shall be subject to the same
obligation of confidentiality as that contained in this Contract.
34.4 Neither Party shall make use of this Contract or any information issued or
provided by or on behalf of the other party in connection with this Contract
otherwise than for the purpose of performing its obligations under this
Contract, except with the written consent of the other Party.
ASSIGNMENT AND SUB-CONTRACTING
35.1 Subject to any express provision of this Contract, the Service Provider shall
not without the prior written consent of the Council, assign all or any benefit,
right or interest under this Contract or sub-contract any of the Services.
35.2 Notwithstanding any sub-contracting permitted under this Contract, the
Service Provider shall remain responsible for the acts and omissions of its
sub-contractors as though they were its own.
35.3 The Council shall be entitled to:
35.3.1 assign, novate or otherwise dispose of its rights and obligations under
this Contract either in whole or part to any contracting authority (as
defined in Regulation 2(1) of the Public Contracts Regulations 2015); or
35.3.2 transfer, assign or novate its rights and obligations where required by
law and only to a body assuming the whole or part of the Council’s
CORRUPT GIFTS AND FRAUD
36.1 As soon as either Party becomes aware of or suspects the commission of
any Prohibited Act in the performance of the Services or otherwise, that
Party shall notify the other Party.
36.2 The Council’s Representative shal have the right to require that the Service
Provider suspend from any further work on this Contract any person
reasonably suspected of fraudulent action or malpractice.
RIGHTS AND DUTIES RESERVED
All rights, duties and powers which the Council has as a local authority or
which the Council’s officers have as local authority officers are expressly
LOCAL GOVERNMENT OMBUDSMAN
38.1 Where any investigation by a Local Government Ombudsman (the
) takes place the Service Provider shall:
38.1.1 provide any information requested in the timescale required by the
38.1.2 attend any meetings as required by the Ombudsman and permit its
personnel so to attend;
38.1.3 promptly allow access to and investigation of any documents deemed by
the Ombudsman to be relevant;
38.1.4 allow itself and any employee deemed to be relevant to be interviewed
by the Ombudsman;
38.1.5 allow itself and any employee to appear as witness in any ensuing
38.1.6 co-operate fully and promptly in every way required by the Ombudsman
during the course of that investigation.
38.2 No additional payment shall be made to the Service Provider for performing
the requirements set out in Clause
38.3 Where any financial redress or other compensation is ordered by the
Ombudsman in any investigation arising directly or indirectly out of the
default or neglect by the Service Provider in connection with provision of
the Services or any other action by the Service Provider the Council shall
be entitled to recover the cost of that financial redress or other
compensation from the Service Provider.
The Parties acknowledge that this Contract sets forth the entire agreement
between them with respect to provision of the Services and supersedes
and replaces all prior communications, drafts, representations, warranties,
stipulations, undertakings and agreements of whatsoever nature, whether
oral or written, between the Parties.
NO PARTNERSHIP OR AGENCY
40.1 Nothing in this Contract shall be construed as a legal partnership (within
the meaning of the Partnership Act 1890) or as a contract of employment
between the Council and the Service Provider.
40.2 The Service Provider shall not be, and shall not be deemed to be, an agent
of the Council and the Service Provider shall not hold itself out as having
authority or power to bind the Council in any way.
41.1 Failure by either Party at any time or for any period to enforce any one or
more of the provisions of this Contract or to require performance by the
other Party of any of the provisions of this Contract shall not:
41.1.1 constitute or be construed as a waiver of any such provision or of the
right at any time subsequently to enforce all terms and conditions of this
41.1.2 affect the validity of the Contract or any part thereof or the right of the
Parties to enforce any provision in accordance with its terms.
41.2 No waiver of any of the provisions of this Contract shall be effective unless
it is expressed to be a waiver in writing and communicated in accordance
42.1 Each provision of this Contract is severable and distinct from the others
and the Parties intend that every such provision shall be and remain valid
and enforceable to the fullest extent permitted by law.
42.2 If any provision of this Contract is or at any time becomes to any extent
invalid, illegal or unenforceable under any enactment or rule of law, it shall
to that extent be deemed not to form part of the Contract but (except to the
extent in the case of that provision) it and all other provisions of this
Contract shall continue in full force and effect and their validity, legality and
enforceability shall not be thereby affected or impaired, provided that the
operation of this Contract would not negate the commercial intent and
purpose of the Parties under this Contract.
42.3 If any provision of this Contract is illegal or unenforceable as a result of any
time period being stated to endure for a period in excess of that permitted
by a regulatory authority, that provision shall take effect within a time period
that is acceptable to the relevant regulatory authorities subject to it not
negating the commercial intent of the Parties under this Contract.
Subject to Clause
9 (Change to Services and /or the Remuneration), this
Contract can only be varied if any such variation is agreed in writing by both
44.1 Any notice required by this Contract to be given by either Party to the other
shall be in writing and shall be served personally, by fax or by sending the
same by registered post or recorded delivery to the address detailed in the
Schedule of Variables or such address or fax number as notified to each
44.2 Any notice served personally will be deemed to have been served on the
day of delivery, any notice sent by post will be deemed to have been served
forty eight (48) hours after it was posted and any notice sent by fax will be
deemed to have been served twenty four (24) hours after it was
EUROPEAN MONETARY UNION
45.1 The Parties to this Contract confirm that the occurrence or non-occurrence
of an event associated with economic and monetary union in the European
Union will not have the effect of altering any term of, or discharging or
excusing performance under this Contract or any transaction, or give a
Party the right unilaterally to alter or terminate this Contract or any
45.2 The words “an event associated with economic and monetary union in the
European Union” shal include without limitation each and any combination
of the following:
45.2.1 the introduction of, changeover to or operation of a single or unified
European currency (whether known as the Euro or otherwise) in the
45.2.2 the fixing of conversion rates between an European Union (EU) member
state’s currency and the new currency or between the currencies of
45.2.3 the substitution of that new currency for the Euro as the unit of account
of the EU;
45.2.4 the introduction of that new currency as lawful currency in a member
45.2.5 the withdrawal from legal tender of any currency which, before the
introduction of the new currency, was lawful currency in one of the
45.2.6 the disappearance or replacement of a relevant rate option or other price
source for the Euro or the national currency of any member state, or the
failure of the agreed sponsor (or successor sponsor) to publish or display
a relevant rate, index, price, page or screen; or
45.2.7 the withdrawal of any member state from a single or unified European
CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
The Parties agree that this Contract shall not be enforceable by any third
party pursuant to the Contracts (Rights of Third Parties) Act 1999 and any
rights contained therein are excluded.
LAW AND JURISDICTION
This Contract shall be governed by the laws of England and Wales and the
exclusive jurisdiction of the courts of England and Wales.
whereof the Parties have executed this Contract as a deed and delivered it
on the date first written.
EXECUTED AND DELIVERED
as a deed
on behalf of
THE MAYOR AND BURGESSES OF THE ROYAL
BOROUGH OF KENSINGTON AND CHELSEA
by affixing its Common Seal in the presence of:
Executed by [PROVIDER]
Name of Director
Signature of Director
in the presence of:
Signature of Witness
Name of Witness
Address of Witness
Occupation of Witness
SCHEDULE OF VARIABLES
Date of issue of ITT:
16 October 2015
Date of Tender:
The Town Hall
Initial Contract Term:
Fixed extension periods:
Notice required to extend for fixed
To be agreed
Bodies or agencies whose
This includes but
requirements must be complied
not limited to the
Tribunals, TfL, BPA
Base Payment (i.e. percentage of
Contract Sum) to be paid to Service 1/12th
Share of savings to be paid to
25% of direct
Service Provider (excluding service
changes resulting from Council
without effect on the
requirements and or legislative
Rate of interest for late payment of
8% above Bank of
England base rate
Address of Council Premises to be
licensed to Service Provider:
Council will provide
referred to in
Price for purchase of Equipment
Lower of written
and Materials on expiry:
down or market
Purpose of use of Service Provider
To be agreed
Application of TUPE
Date for civil enforcement officers to To be agreed
achieve VRQ (level 2) or NVQ (level
Liability cap (to be inserted by
contractor – See 23.2.3):
Council’s nominated officer for
Value of changes below which can
be authorised by Council’s
* Delete as appropriate.
SCHEDULE 2 - SPECIFICATION
1. GENERAL INTRODUCTION
The Royal Borough of Kensington and Chelsea is a central London Borough where
parking and its enforcement is one of the major and high profile issues affecting all
residents of the Borough and the significant numbers of visitors to the Borough each year.
While the Borough contains some pockets of relative deprivation, it is predominantly an
affluent area that has high property prices and a generally highly educated population.
The Royal Borough takes great pride in the quality of its natural and built environment with
the consequence that this should be protected and enhanced for the benefit of the wider
community. The whole of the Borough excluding private roads, the Parks and red routes
is included within a single Control Parking Zone.
The Council seek to provide the best possible parking enforcement services at a price
that is affordable, consistent with the highest quality and practices, and best value for
We do not intend to be prescriptive in this process and wish to enter a Contract for the
services based on a spirit of partnership, collaboration and flexible deployment where we
work with the supplier to ensure the best possible service is provided.
The Council is conscious of the risk that reputational damage may bring and in instances
where this occurs will consider invoking the Escalation process
In addition the Council is acutely aware of the risk that reputational damage may bring
and in instances where this occurs, not only the escalation process but potentially dispute
resolution may be invoked.
We want to work with our supplier to identify possible areas of savings throughout the life
of the contract. To that end any savings generated would be deemed separate to the
quantum profit margin that would be maintained, and will be shared between the Boroughs
and the Supplier(s) .
The term will be for a maximum of 12 years with break/review clauses in years four, seven,
ten and twelve.
The Council sees the on-street service and the removal and relocation service as separate
entities and as such expects the successful supplier to be responsible for the provision of
all staff; not withstanding any requirements and obligations under TUPE; equipment,
consumables, and stationery required to provide the service.
The specifications for the services are not exhaustive as there may be future aspirations
that the Council may wish to pursue that are not currently detailed. For example, RBKC
is currently testing a pay-by-phone parking system in two areas of the borough. Whilst no
decision has been made, pay-by-phone could be rolled out across the borough in the
2016-17. Tenderers are being advised as they may wish to refer to their skills and
experience in respect of undertaking parking enforcement responsibilities where pay-by-
phone systems are already in use.
LOT 1 ON STREET ENFORCEMENT SERVICES SPECIFICATION
1. GENERAL SERVICE
This specification outlines the desired provision of an on street enforcement service for the
Royal Borough of Kensington and Chelsea (RBKC).
Parking and its enforcement is one of the major and high profile issues affecting all
residents of RBKC and the significant numbers of visitors to the borough each year.
RBKC is an affluent area and, although containing some pockets of relative deprivation, the
borough has high property prices and a generally highly educated population. RBKC takes
great pride in the quality of its natural and built environment with the consequence that this
should be protected and enhanced for the benefit of the wider community. The whole of the
borough excluding housing estates, private roads, parks and red routes is included within a
single Control Parking Zone.
In this contract the Council seeks to provide the best possible parking enforcement services
at a price that is affordable, consistent with the highest quality, and best value for money.
In April 2014, the Royal Borough of Kensington and Chelsea’s Parking Service and the
London Borough of Hammersmith & Fulham Council’s Parking Service commenced their
shared service status. One ambition of the new Bi-borough Parking Service is to become the
“Best in Class”. We aspire to be the leading parking service in the United Kingdon in terms of
service delivery and value for money. To achieve this ambition, we will require the support
and co-operation of our Contractors. Tenderers are invited to include any proposals they may
have, which could add value to our work in this area.
A great deal has been learned by the Council since the introduction of de-criminalised (now
civil) parking enforcement and the Council intends to ensure that this experience is
focussed on providing the highest quality of parking service. This Contract aims to address
issues raised by Council Members, members of the public and local businesses, both actual
and perceived, whilst enabling the Service Provider to operate in an innovative way within
parameters set by the Council and agreed with the Service Provider.
An example of this is the high profile enforcement presence expected on the main arterial
routes and shopping streets with greater flexibility given to the Service Provider on the
residential roads thus focusing enforcement in areas where the Traffic Management and
road safety benefits will be maximised.
Over the years since the inception of decriminalised (now civil) parking, car ownership in
general has increased outstripping the available number of on-street controlled parking
spaces thus creating significant stress on the stock of parking spaces for both residents as
well as visitors. There is a clear perception that the levels of parking contravention have
increased in the borough over this period. The Council will therefore seek to ensure that
contravention levels are properly measured and then used to focus the level of enforcement
The introduction of differential penalty charges in July 2007, and the Traffic Management
Act and associated regulations and guidance (31st March 2008) has resulted in changes to
the way in which enforcement is carried out, and variations to Council policies have been
made, which are now reflected in this revised specification.
The Council intends this contract to operate within the spirit of the Traffic Management Act
2004, and this will include the application of proportionality, accountability and openness.
The Council has been operating decriminalised (now civil) parking enforcement since 1994,
following the introduction of the Road Traffic Act 1991 throughout London. The entire
borough was originally designated as a Special Parking Area and is now a Civil
Enforcement Area under the Traffic Management Act 2004.
Through the length of the Contract the Council will work with the Service Provider to offer
continued improvements to the service to ensure quality of service delivery and expects the
Service Provider to be pro-active in identifying and recommending any such changes and
The Council’s policies and procedures when issuing PCNs will be set out in Schedule 7 of
this contract which also contains other information regarding parking in the Borough. These
documents are intended to supplement the information given in this specification and will
contain further information regarding the issuing of PCNs, collection of evidence (e.g.
photographs), and parking arrangements in the borough.
The Service Provider is expected to have in place a Business Continuity and Disaster
Recovery plan, and this must be maintained throughout the life of the contract. The plan
shal be made available to the Council’s representative upon request. The plan shall be
regularly reviewed, at least annually.
There is not yet a consensus that all infringements of parking regulations are indefensible,
especially in a Borough with so few parking spaces. The natural consequences are that the
subject is one of continued media interest, and the Council receives a significant volume of
comments and complaints about parking enforcement. However, the Council is adamant
that its parking enforcement activities are conducted in such a manner that they can stand
up to public scrutiny and that these activities are explained in an open and honest way.
The Service Provider must therefore recognise that the Council will not allow its reputation
or its status to be impugned by the actions of a Service Provider. The relationship between
the Council and the Service Provider is expected to be an open and honest one and it is
acknowledged that problems may arise. Where this is the case, both parties will work
together to resolve them and to improve the service offered. The Service Provider must
recognise the need to ensure that good management of parking and enforcement
operations becomes a more and more important aspect of the delivered service.
The Council is aware that Civil Enforcement Officers (CEOs) act as the Council’s
representatives on-street and that they provide much of the public interaction between the
Council and the motorist. The Council is keen to promote an atmosphere where CEOs see
themselves as part of the Council’s service to the public. CEOs must therefore regard
themselves as ambassadors of the Council and must act accordingly. This is seen as a key
element to the success of this contract and the Service Provider must recognise the
importance of this aspect of the CEO’s role and ensure all staff are regularly briefed on the
significance of their role and this requirement.
The Council is fully dedicated to partnership working and is committed to working with a
Service Provider who shares high standards and wishes to ensure, through working with the
Council, continued service excellence. To this end, the Council expects the Service Provider
to align his enforcement objectives with those of the Authority.
Council Members and the public also expect all of the Service Provider’s employees
associated with parking enforcement to be competent over a broader range of tasks. The
Council expects the CEOs to play a limited Civic Ambassador role; this will lead to a greater
emphasis on the broader role of the CEO and on the calibre and career development of the
The Council recognises that the role enforcement plays in ensuring on street compliance
with the parking regulations may well change over the duration of the contract term. This
change is expected to manifest itself in terms of both the technology employed, as well as in
the roles performed by both Council and Service Provider’s employees. The Council
intends to embrace the changes necessary to provide innovation and continuous service
improvement. The Service Provider must be prepared to work closely with the Council on
implementing the resulting changes and any Contract variations that will result. In this event
the Partnership Charter (Schedule 17) and Change Control procedures referred to in this
Specification will be used to implement changes where necessary.
Locations of Work / Patrols.
On-street parking control covers the whole Public Highway network within RBKC. There are
no sub-controlled parking zones and Resident Parking Permits are valid in any Resident
Parking Space within the Borough boundaries.
This Contract is for the enforcement of on-street parking, Council housing estate parking
and designated off-street facilities. It does not include the Council’s own off-street facility at
its Hornton Street site or the Borough’s cemetery that is located in Hanwell, W5. The
Service Provider may occasionally be required to assist in the removal / re-siting or
clamping of vehicles within the Council facilities referred to above but this will be by special
arrangement. For details of the documentation provided the Service Provider should refer
to Schedule 7 of this Contract
There could be at any one time a number of sensitive areas where the Service Provider may
be instructed by the Council’s Representative to relax or intensify the normal requirements
for compliance with certain regulations. The Service Provider, working in conjunction with
the Council, will implement any such instructions. The Council will provide a list of these
areas to the Service Provider and will also make this data available on the PCN system for
transferring to the Hand Held Computer (HHC) to provide information to CEOs on street
There are a number of suspended roads where the Service Provider may be instructed by
the Council’s representative to relax the normal requirements for strict compliance with
certain regulations. The Service Provider, working in conjunction with the Council, will
implement any such instructions. The Council will provide a list of these roads to the
Service Provider and will also make this data available on the PCN System for transferring
to the HHCs to provide information to CEOs on street.
The Council may also introduce new Resident Parking bays over the contract period, and
amend arrangements for motorcycle parking, as well as introducing new permit free
developments. The Council’s Representative will ensure that the Service Provider is advised
of any changes to the parking arrangements in the Borough and how enforcement of
new/amended restrictions will be affected. The Service Provider will be expected to liaise
with the Council’s Representative in varying his enforcement plan as necessary.
The Council wishes to adopt a more flexible approach to on-street enforcement that will
provide a more efficient service and allow enforcement to respond to any changes, whether
planned or unexpected. As such there will be no requirement to visit specific streets a certain
number of times per day. Instead we anticipate the service provider to deliver a service that
adopts the most flexible use of contracted deployed hours and is able to demonstrate that this
is adaptable to reflect any changes in the nature of the service.
In 2014/15 we deployed approximately 169,400 on-street hours on-street in RBKC (which
excludes TMO estates). This Contract incorporates the TMO parking enforcement
requirement on the housing estates across the Borough. For the purpose of clarity, Tenderers
will be asked to submit prices based on the needs of both RBKC’s on-street enforcement
needs and the TMO’s parking enforcement needs.
In respect of RBKC’s on-street enforcement service needs, we envisage deployed hours will
initially remain as per the current service; approximately 169,400 hours per annum; but
Tenderers will be asked to suggest a more flexible approach in respect of how CEOs patrol
and provide the required deployed hours whilst maintaining full effectiveness of the service.
In respect of the TMO’s needs, we require tenders to base their deployed hours for this
element of the service around making one visit per day by a CEO to each estate referred to
in Schedule 17, Monday to Saturday inclusive.
This Contract marks a major change for RBKC’s on-street services. Previously, we employed
a prescriptive street visit regime where the service provider was required to visit each street
in the Royal Borough on a pre-agreed number of occasions, ranging from continuous patrols
on main roads to one visit per day in cul-de-sacs and mews. We are now seeking a Service
Provider who can provide a more flexible, dynamic street visit regime that is based on their
expertise, staff feedback and relevant data from our PCN IT system. Underpinning all of this
is the need to maintain a high-profile on-street presence to ensure our elected members,
residents, businesses and visitors benefit from an effective enforcement regime and feel re-
assured in that respect.
We have also recently assumed responsibility for off-street parking enforcement on the
housing estates across the Royal Borough and all of the above applies.
The Council is concerned that in abolishing the requirement for a prescribed number of visits
to certain streets, there may be an element of reduced visibility that may result in an increased
number of complaints to the Council. It therefore anticipates that the service provider will
adopt methods to ensure that it is able to maximise the amount of street visits where possible
within any deployment plan.
In addition, the current service is focused mainly on CEO foot patrols who account for 73% of
total deployment on-street. CEOs on mopeds account for another 15% with CEOs on bicycles
making up the final 12%. However the Council’s future aspirations may require a movement
away from this approach and recognises the role enforcement plays in ensuring on street
compliance may change over the contract term. This change is expected to manifest itself in
terms of both the technology employed, as well as in the roles performed by both Council and
Service Provider’s employees. The Council intends to embrace the changes necessary to
provide innovation and continuous service improvement.
Method Statement 1.1 (Deployed hours proposal)
Tenderers are asked to price for (i) 175,000 deployed hours per annum in Schedule 11. This
will be evaluated as part of the cost evaluation.
For the purpose of identifying potential future efficiencies, tenderers are also asked to provide
supplementary prices for (ii)165,000 and (ii) 155,000 on-street hours.
Tenderers should include their reasoning and methodology for scenarios (ii) and (iii), including
impact on on-street enforecement. The purpose of this is to ascertain alternative service
delivery options and the associated cost/benefits. This will be evaluated as part of the quality
Method statement 1.2 (Flexible / dynamic deployment of resources)
Tenderers are asked to clarify how they will provide the flexible on-street enforcement
approach that we are seeking. Responses should include but not be limited to making
maximum use of deployed hours, staff, resources and ways of working that will assist in
providing the service and achieving our aim.
Method Statement 1.3 (Maintaining visibility on-street)
Tenderers are asked to clarify how they will strive to ensure CEOs can visit the maximum
number of streets within their deployment plan in order to reduce the potential risk of
complaints from Members and residents concerning on-street visibility, especially on main
roads and in high-profile areas. Information should include but not be limited to the use of
other tools such as bicycles, planned beat patterns etc.
Method Statement 1.4 (Changing the service to meet demand and IT developments)
Tenderers are asked to describe how they envisage proactively managing potential changes
in the nature of the service and using intelligence led deployment to ensure a flexible
approach to the service is maintained.
2. LOCATIONS OF WORK
Parking control covers the whole Public Highway network within the Royal Borough. There is
a single zone and there are no sub-controlled parking zones. Resident Parking Permits are
valid in any Resident Parking Space within the borough boundaries.
This Contract is for the enforcement of on-street parking and designated off-street facilities
such as the Holland Park Car Park and Kensington and Chelsea Tenant Management
Organisation (KCTMO) car parks.
Tenderers should note that KCTMO housing estate permit holders can only park their vehicle
on the estate in which they live with the exception of a low number of dedicated bays that are
There could be at any one time a number of sensitive areas where the Service Provider may
be instructed by the Council’s Representative to relax or intensify the normal requirements
for compliance with certain regulations. The Service Provider, working in conjunction with
the Council, will implement any such instructions. The Council will provide a list of these
areas to the Service Provider and will also make this data available on the PCN system for
transferring to the HHCs to provide information to CEOs on street.
The Service Provider shall not enforce against any vehicle parked on private land where the
Council has no powers to enforce. However, there are areas which could appear to be private
land (some shop forecourts for example) where the Council is permitted to enforce as the
public has a right of way over the land. The Service Provider should ensure that he and his
staff are familiar with the areas in the Borough that could be deemed as private land but under
legislation is deemed as public highway, in which case enforcement can take place. The
Council's Representative will issue further instructions regarding such locations.
Details of the environs, locations, current observation periods and relevant traffic orders may
be found here
and in Schedule 7
Method Statement 2.1 (Deployment Plan)
Tenderers are asked to demonstrate/provide their deployment plan proposal for the initial
phase of the contract, and clarify how deployment will be proactively monitored to ensure the
best possible service is being delivered, the review process with Council Officers, and how it
will be updated throughout the life of the contract.
3. CORE SERVICE HOURS
The controlled hours in the majority of the Borough are 08:30 hours until 18:30 hours (Monday
to Saturday inc.) and restrictions also apply in certain locations on Sundays.
Restrictions are limited on Bank Holidays (treated like a Sunday) and variations to these core
hours are in place in specific areas of the Borough and in specific types of parking spaces.
Schedule 7 provides details of the types and scope of the restricted hours including locations.
The Council regularly reviews the type and numbers of spaces available within the Borough
to optimise the types and numbers of each within the constraints of the overall space
This has resulted in Resident Parking spaces alone being controlled and enforced beyond
the normal working day and late into the evening period. Resident parking demand is
exceptionally high with some 36,000 Resident Permit holders and only 28000 Resident
Parking spaces to cater for them.
In order to minimise the problems encountered by Resident Permit holders they are permitted
to park within Pay & Display spaces free of charge for the first hour and last hour of the period
of control. That is to say before 09:30 hours and after 17:30 hours. The Council currently has
751 Pay and Display machines on street all of which are monitored online by the Council’s
Enforcement will be undertaken where resident parking places are permanently extended
until 22:00 hrs, Monday to Friday.
The Council may also introduce new Resident Parking bays over the contract period, and
amend arrangements for motorcycle parking, as well as introducing new permit free
developments. The Council’s Representative will ensure that the Service Provider is advised
of any changes to the parking arrangements in the Borough and how enforcement of
new/amended restrictions will be affected. The Service Provider will be expected to liaise with
the Council’s Representative in varying his enforcement plan as necessary.
In anticipation of the increased activity due to Christmas shopping, the controlled hours in
residents’ parking bays in the Knightsbridge area are temporarily extended in December to
include Sundays and the Service Provider will be required to enforce. Prior to December each
year the Council’s Representative wil issue to the Service Provider a list displaying the names
of the roads and streets where the additional enforcement powers will apply.
For clarity, enforcement of the other permitted parking places in these locations will not be
The Service Provider will ensure appropriate levels of staff are available and deployed to
ensure the resident bays in the areas referred to are patrolled effectively.
Method Statement 3.1 (Extended hours of Control in resident bays)
Tenderers are asked to describe how they will manage the extended hours patrol requirement
within their proposed number of deployment hours. Reference to any reporting/monitoring
tools should be included where appropriate in the response.
Method Statement 3.2 (Reasonable working hours for enforcement staff)
Tenders are asked to explain how they will either avoid or keep to an absolute minimum the
use of overtime to meet the deployed hours expectation. Your plans should include but not
be limited to ensuring staff welfare (no excessive number of hours in one day), the balance
of full time against part time staff and ensuring you only use staff who are dedicated (solely
employed) to this Contract.
4. PATROL REQUIREMENTS – Rapid Response Service / Problematic Traffic
The Council expects that appropriate enforcement measures will be in place, and applied in
conjunction with Council policy, to ensure compliance with parking regulations. There may be
instances where the Council will ask for a restrained or delicate approach in specific areas.
Equal y there may be instances where the Council requires a “rapid response” ability from the
Method Statement 4.1 (Intuitive approach to dealing with problematic sites)
Tenderers are asked to clarify the means by which a “rapid response” will be provided. This
should include the types and number of vehicles, numbers of staff available for this role and
how they envisage managing this business need and possible seasonal fluctuations.
Examples of potentially difficult locations in the Royal Borough include but are not limited to
the streets surrounding the Harrods department store, Portobello Market area, particular
schools, places of worship and embassy buildings.
The Council expects the Service Provider and its staff to provide a support service in
identifying any issues on-street. Examples include but are not limited to reporting defective:
suspension signs, traffic signs, pay-and-display machines and road markings, abandoned
vehicles and damaged kerbs. This must be done in conjunction with but not be detrimental to
their primary enforcement role.
It is also the responsibility of all CEOs to identify and report to the Council all instances of
suspected residents permit or disabled badge fraud. Such reports will enable the Council to
tackle and reduce parking fraud in the Royal Borough.
Method Statement 4.2 (Reporting defective equipment / on-street problems)
Tenderers are asked how they will ensure a balance is maintained between the primary
service requirement and the need to ensure effective reporting of defective street furniture.
As part of the response, details on reporting mechanisms should be included, avoiding
duplication where possible, as well as any additional training provided to staff.
Method Statement 4.3 (Fraud reporting)
Tenderers are asked to explain how they will ensure CEOs are familiar with valid and invalid
types of residents’ permits, doctors’ permits, disabled badges and any other concessionary
permit types that may be used on-street. This should also include reporting mechanisms and
measures to ensure that knowledge of such permit types remains current.
Irrespective of weather conditions, the Service Provider will make every effort to ensure that
the patrol frequencies are met. Inclement weather events which prevent enforcement must
be recorded by the Service Provider at the start and finish time of such event and reported to
the Council’s Representative. If the weather conditions have a significant effect on the patrol
frequency on any one day, this must be reported to the Council’s Representative as soon as
it becomes apparent that such an effect will occur. Health & Safety of the enforcement staff
should not be compromised.
Such conditions which are liable to affect enforcement are envisaged to be snow and ice
which prevent the detection of road markings and traffic signs on a significant number of
roads, flooding, or high winds which form a personal hazard in terms of flying debris.
The Council’s Representative may make alternative arrangements for enforcement or give
permission for enforcement to cease temporarily. In this event, the payment to the Service
Provider will not be affected. An appropriate adjustment to the target frequencies and
deployments will be made to the KPIs. The Service Provider shall resume normal patrols as
soon as possible and inform the Council’s Representative that enforcement has resumed.
Method Statement 4.4 (Dealing with adverse weather conditions)
Tenderers are asked to explain how they will maintain a good service in light of inclement
weather conditions. This should include maintaining appropriate levels of enforcement on-
street whilst ensuring that the safety of their employees remains paramount.
5. OPERATIONAL BASES
It is envisaged that the Council will provide the necessary operational bases required for the
service. Currently we anticipate providing three locations within the Borough and will
endeavour to ensure that they are located to support efficient enforcement. The northern
base is located at Unit 1, 1 Bard Road, W10 6TP. The central base is located at 37
Pembroke Road, W8 6LZ. The southern base is located at 2nd Floor 333 Fulham Road,
SW10 9QL.. The Council expects these bases to remain available for use in the short to
IT links to the Council’s network and third party parking enforcement software (currently
Xerox/Si Dem) will be provided by the Borough in all bases. This will allow connectivity to the
Council and its parking system.
The Council expects the successful supplier to be responsible for the provision of all other
equipment, consumables and stationery required to provide the service. This will include but
not be limited to radio communications to CEOs, handheld computers for use on-street, PCN
supplies, pocket books, cameras for use on-street which can cope with instances of poor light,
a network infrastructure to the Service Provider’s head office (if required) via its own network
links where required to its central IT system.
It will be the Service Provider’s responsibility to fit out the premises as required with
appropriate furniture, consumables etc. This should all be done in compliance with the
appropriate Health and Safety standards.
Except with the Council’s Representative’s written approval, no part of the accommodation
provided under this Contract shall be used for any purpose other than dealing with the
Council's parking operations.
IT and radio communications are detailed in a separate section of this specification.
Method Statement 5.1 (Fitting out plans)
Tenderers are asked to provide a copy of their proposed base “fitting out” plan. This should
include but not be limited to relevant timelines and dependencies.
Method Statement 5.2 (Base location alternatives)
Tenderers are asked to provide any alternative proposals to the bases, explaining any
reasoning behind the different locations. Separate “fitting out” plans for these locations should
The Council envisages the Service Provider will be responsible for all vehicles necessary for
the effective and efficient supply of the service. Appropriate arrangements will need to be
made for the provision of service in the event of a vehicle break-down. Responsibility for repair
and maintenance of vehicle will rest with the Service Provider.
The Service Provider shall ensure that driver's daily checks, as required by the vehicle
manufacturer's manual, are duly undertaken and that all other routine maintenance checks
An up to date maintenance and service history log is to be kept for all vehicles and should be
produced for the Council's inspection when required.
All vehicles are to be kept in a clean condition and washed at least weekly. Vehicles must be
refuelled prior to the start of the shift in which they are to be used. No maintenance must be
performed during rostered shift hours.
The Contractor will operate Euro VI standard diesel recovery trucks in order to comply with
local emission standards and TfL emission standards.
The Councils is aiming towards having zero emissions vehicle fleets in service. This can be
achieve either through zero emission vehicles or carbon off-setting schemes.
The Contractor should either have or be working towards the Fleet Operators Recognition
Scheme (FORS) Accrediation, or equivalent.
Vehicles engaged directly in enforcement activities are to carry identification signs of sufficient
size to identity them as enforcement vehicles. This should include the Service Provider’s
name and company logo. The identification signs must be fixed permanently and displayed
on vehicles dedicated to the Contract but must be readily detachable and only issued on a
daily basis for other vehicles. Two-wheeled transport may be exempt from carrying such
identification, at the Council’s discretion. Al vehicle identification livery must meet the
requirements of the Council’s Communication Strategy as revised from time to timer – see
Details of vehicle livery must be approved by the Council. Vehicles employed on the Contract
may not carry advertisements of any form, other than to identify the Service Provider or
operator, unless the Council’s approval has been sought and has been given in writing.
The Council is also committed to addressing climate change and reducing emissions.
the Council adopted a Climate Change Strategy and set a target to reduce carbon emissions
by 40 per cent by 2020. The scope of this work extends to the Council’s key assets, main
contractors and schools. As such, irrespective of the above requirements, all vehicles must
be as environmentally benign as possible, operating within anti-pollution regulations at all
times. Any vehicle failing, or appearing to fail, emission regulations must be withdrawn from
use immediately until it can be inspected and repaired or replaced as necessary. The Service
Provider will be expected to assist the Council in its requirement to report on vehicle emissions
and should ensure that this information is available.
Method Statement 6.1 (all necessary vehicles)
Tenderers are asked to provide details of the vehicles that they consider necessary for the
provision of the service. This should include a breakdown of all vehicles whether car, van,
motor cycle, bicycle etc.
Method Statement 6.2 (vehicle maintenance)
Tenderers are asked to clarify how provision of this service will be maintained in instances of
vehicle breakdown or planned repairs/maintenance. As part of the response Tenderers
should also clarify how they will manage vehicle provision in instances where there may be
higher demands on this type of service.
Method statement 6.3 (Parking arrangements – Service Provider’s vehicles)
Tenderers are asked to state how they will manage the parking arrangements for all vehicles
used on this Contract.
Method Statement 6.4 (Emissions)
Tenders are asked to outline how they intend to comply with the Council’s stated aims of
reducing carbon emissions during the term of the contract.
7. STAFFING AND PERSONNEL
The Council expects the Service provider to provide all necessary staff to ensure an effective
and efficient service. This provision should encompass all areas of the contract and include
roles such as contract management, reporting, supervision, HR etc. The Council believes that
the retention of staff dedicated solely to this Contract will be highly beneficial.
The Service Provider will be expected to be conversant with the provisions of the Traffic
Management Act 2004 as it relates to the enforcement operation in the Borough, and with
other relevant statutes and codes of practice that apply to the enforcement operation,
including but not confined to, Statutory Guidance, Operational Guidance, the Council’s own
Traffic Management Orders and instructions and guidance from London Councils.
The Service Provider shall employ sufficient resources and suitably qualified employees to
perform all of the duties and requirements of this Contract. The Council acknowledges that
the quality of the people employed by the Service Provider will be a major influence on the
service provided and tact, restraint, appearance and diplomacy will be regarded as important
as numeracy, literacy and proper training. The Service Provider shall take up full written
references on all employees to be appointed, ensure the validity of the references and retain
them for inspection by the Council’s Representative upon request.
The Council places a high level of importance on the ability of the Service Provider to retain
good quality employees at all levels of the operation. A high level of employee turnover will
adversely affect the efficient operation of the Contract. The Council therefore expects the
Service Provider to ensure that employees retained after their probationary period are not
moved to other Contracts held by the Service Provider to the detriment of this Contract.
Equally, the Service Provider shall not employ upon this Contract any person who has recently
been employed by them on another Contract unless they receive prior permission to do so
from the Council’s Representative. Personnel transferred to this Contract must also have the
Disclosure and Barring Service, immigration and any other relevant checks, and evidence of
these must be provided to the Council’s Representative in advance of their starting work in
All employees shall be monitored closely by the Service Provider, especially during the first
three months of employment, which shall commence when they begin to undertake their
normal duties after training. This will include supervision arrangements which are to include
arrangements for monitoring the performance of CEOs (including on-street supervision) and
all other staff involved in the contract. Towards the end of this period the Service Provider
shal produce a “Probationary” report on the employees’ performance and conduct, using any
measures that the Service Provider and the Council’s Representative shal agree to be
appropriate. The report shall be retained by the Service Provider and be presented to the
Council’s Representative when requested.
The Council also places great emphasis on the role of the Contract Manager and sees it as
pivotal in creating and supporting a collaborative relationship between Council and Service
Provider while ensuring an efficient and effective service.
Method Statement 7.1 (Staff numbers and roles)
Tenderers are asked to provide a breakdown of the numbers of staff that will be involved in
the provision of this service.
The response should indicate whether their role is solely dedicated to the provision of this
service or if it is shared, should also include a brief definition of the duties involved for every
role, as well as contingency plans. These roles may include but not be limited to contract
management, reporting staff, senior and supervisory staff, civil enforcement officers and
Method Statement 7.2 (Maintaining a dedicated staff)
Tenderers are asked to set out how they will maintain a dedicated staff on this Contract. If the
Tenderer has a company-wide staff pool, please describe the circumstances under which that
resource will be utilised.
Method Statement 7.3 (Staff retention)
Tenderers are asked to clarify how they manage the issue of staff retention generally and
their plans for this service.
Method statement 7.4 (High quality Contract Manager and supervisory staff)
Tenderers are requested to explain how they will ensure the roles of Contract Manager and
supervisory staff attract the highest possible quality of applicants. They should also clarify the
measures they will adopt to ensure the roles are performed to the highest standard, including
staff retention plans and how the supervision of front-line staff will be undertaken to ensure
all on-street activities are being closely monitored and controlled.
8. CEO TRAINING/QUALITY
The Council considers the quality of civil enforcement officers as a major contributor to the
quality of the enforcement operation.
To support the service we believe that initial and ongoing training in conjunction with a
motivated workforce is crucial. We believe that it may help in supporting staff retention.
The Service Provider shall ensure that all employees are suitably trained and qualified to
undertake the duties required of them. It should be noted that the training provided for all
individuals employed on the contract must include a module that specifically deals with the
Council’s aspirations, culture and policies with respect to parking enforcement.
The Council expects high standards of customer care from all the Service Provider’s staff.
Particular attention should be paid to this when the Service Provider designs his training
programmes. The Service Provider wil be expected to embrace the Council’s “House style”
with regard to Customer Care, public interface, correspondence and such like issues.
Any CEO employed by the Service Provider to operate on this Contract who is already
certificated must complete further training, concentrating on all unique aspects of enforcement
under this Contact and the Service Provider must be satisfied that the CEO is competent
before he/she is allowed to commence enforcement duties.
No CEO shall be deployed on enforcement duties without appropriate supervision until he or
she has completed a full training course as specified above.
The Council believes that CEO training must be an on-going process in order to ensure that
the Service Provider’s staff maintain standards and improve performance. The standard and
level of refresher training must comply with the minimum recommended by the London
Councils and required for NVQ accreditation if greater than that specified or as determined
by the Council’s Representative. This training must be programmed such that it has no impact
on the Service Requirements and minimal impact on the enforcement levels. The records of
this refresher training must be made available to the Council’s Representative upon request.
The Service Provider will be responsible for all IT training of their own employees in the use
and operation of the system and must ensure that all employees are trained and competent
in the use of the Council’s Parking IT system as it affects their job roles.
In addition, Data protection is a key issue for the Council to ensure the rights of our customers
and the Council’s reputation are upheld. As such, the Council expects the Service Provider
to ensure its staff are fully trained in and compliant with current Data Protection legislation.
Method Statement 8.1 (Training Plans)
Tenderers are asked to clarify their training proposal/programme for this contract. Details
should include all forms of training provided and how it is monitored to ensure training is
appropriate, training standards/certification etc and should address both initial and ongoing
Method Statement 8.2 (Data Protection)
Tenderers are asked to submit proposals to demonstrate how the staff on this contract who
have access to members of the public’s personal details and information will be trained and
monitored on an on-going basis to ensure the Data Protection criteria is complied with in full.
9. UNIFORMS AND EQUIPMENT
The Council envisages the Service Provider will be responsible for providing all uniform and
protective clothing necessary for the provision of the service. All staff employed on the
contract will be of clean and smart appearance and comply with current legislation. It is
anticipated that CEOs will endeavour to maintain this standard of appearance at all times
whilst on duty. If at any time an employee of the Service Provider fails to comply with the
standard of dress, the Council’s Representative shall instruct the Contract Manager to ensure
that the standard is complied with immediately and if this is not possible, that the employee
returns immediately to the Control Office and is replaced on that beat by another CEO.
Uniform design and style must be approved by the Council. The uniform must comply with
the requirement stipulated in the Traffic Management Act 2004 Operational Guidance. The
Council does not endorse the baseball cap/polo shirt style of uniform.
When in service the uniforms should fit properly and be provided and maintained in a clean
and presentable order. Appropriate arrangements should be made for the cleaning and
replacement of uniform items to ensure that standards are maintained at all times. It is
assumed that non public facing employees will not be required to wear uniforms.
Whilst on duty an employee's identification number must be clearly visible to the general
public. The uniform must be easily distinguishable from other Services such as police and
community support officers, and must clearly show at all times the Council’s identity; the
Service Provider’s identity; that the wearer is a CEO; and the CEO’s Service Number.
Employees required to wear full uniform should not be allowed to start their shift with any
parts of their identification letters or numbers missing.
Protective clothing provided by the Service Provider must conform to the relevant and current
health and safety legislation and be suitable for its purpose, for example providing full
protection for mobile CEOs without hindering their work effectiveness
Method Statement 9.1 (Uniform proposals)
Tenderers are asked to submit their proposals for staff uniforms, providing examples where
Method statement 9.2 (Uniform maintenance)
Tenderers are asked to provide information on uniform supplies, procedures for ensuring that
uniforms are kept clean and a copy of their uniform replacement programme. They are also
asked to explain how they will ensure that CEOs maintain standards and begin their shifts in
clean and smart full uniform.
10. CIVIL ENFORCEMENT OFFICER AND OTHER EMPLOYEES’ CONDUCT
The Council considers the conduct of employees to be of great importance as this may impact
upon the Council’s reputation. Al employees, whether employed directly or indirectly by the
Council should conduct themselves in a professional and courteous manner at all times.
The Service Provider’s employees should be aware of their public profile and recognise that
they are providing a service on behalf of the Council to the general public and that their actions
and behavior reflect on the Council.
The Service Provider must ensure that none of their employees are under the influence of
alcohol or other drug when on duty, unless prescribed by a doctor. Any employee so found
must be removed immediately from the Contract. Employees taking prescribed drugs must
not be impaired from fulfilling the requirements of the Contract. Employees must not drive
vehicles when taking prescribed drugs if the dosage instructions forbid such actions.
All employees shall be prohibited from smoking, eating, drinking, chewing gum or using a
mobile phone (or similar) for personal use when on duty in a public area. All tea / coffee
breaks are to be taken in the current area of working but not during peak enforcement hours
and must be limited to a maximum of fifteen minutes each in each minimum three hours
working period. Lunch breaks may be taken in the area of working or at another location
provided by the Service Provider and must be limited to a maximum of one hour. The Service
Provider shall provide and maintain a list of specified locations to the Council Representative.
The duration of all breaks must not exceed the maximum to be agreed by the Council’s
Representative. Employees must not visit Public Houses, Cafes or Restaurants whilst on
duty. CEOs in uniform must not enter private property for any reason without the express
consent of the Council’s Representative.
All breaks, including lunch and tea breaks shall be duly logged onto the HHC by all
enforcement officers at the start of enforcement duty, and at the start and end of any breaks
as well as at the end of enforcement activity. The service provider will put in place measures
that this is adhered to.
Method Statement 10.1 (Staff conduct and behaviour)
Tenderers are asked to clarify how they will ensure that their employees are aware of the
important and public facing role that they perform. Reference should also be made to training,
review, monitoring and disciplinary action that may be taken to ensure that the conduct of
employees is at the heart of the service provided.
Method statement 10.2 (Logging breaks)
Tenderers are asked to explain how they will ensure that staff breaks are limited only to the
durations and locations specified and that any such breaks are properly recorded.
11. CONTACT WITH PUBLIC
CEOs are expected to carry out their work overtly, with fairness, courtesy and
reasonableness and to comply with all relevant laws and codes of conduct. This will include
the CEO advising the motorist to move his/her vehicle, how and where to park to avoid a
contravention of the parking regulations or issuing warning notices where appropriate. To
this end, CEOs are required to be conversant with the on and off-street parking
arrangements in the enforcement areas, permit information, Council policies and any other
information necessary to enable them to carry out this function.
Should a motorist or other member of the public approach an employee of the Service
Provider, the employee shall address the person politely and calmly but without expending
undue time on the matter. The overriding aim shall be to assist the person but without
commenting on matters which could prejudice enforcement or other action or on which the
employee does not have full details. In particular, the employee must not give change to a
member of the public or accept payment of any charge.
On request from any member of the public the employee must supply or show the following
a). identification number (on-street employees);
b). identification number and position (non on-street employees);
c). any factual information that the employee can provide. This should include for
Tariffs, acceptable coinage and maximum stays;
Location of alternative parking facilities;
Who can provide further information and where;
Copies of information leaflets.
If a CEO is being challenged on the issue of a PCN, the CEO shall:-
Give the reason why the PCN was issued stating the information available to the
CEO at the time and what constitutes a contravention of the parking regulations,
pointing out the information available at the time including information on controls,
lines and signs as applicable;
Explain that he / she does not have the authority to cancel the PCN and suggest that
the complainant should write to the address on the back of the PCN if they wish to
make a written challenge, which will be considered by Council Officers;
Indicate that if the driver writes to the Council and the communication is received
within 14 days, the right to pay at a discounted amount will be preserved;
Be prepared to outline in brief the process for the recovery of unpaid PCNs and the
stages at which an appeal can be made (challenges, representations and appeals to
London Tribunals) if requested to do so. Please note, the CEO should be prepared
to attend London Tribunals if subsequently requested to do so;
If pressed further the CEO should state that they cannot comment any further but will
record any additional facts or comments that the complainant wishes to make;
The CEO must record details of any such conversation on their HHC.
The CEO must never indicate that a PCN should not have been issued or imply that the
PCN will be cancelled;
The CEO must not indicate that a PCN will be sent by post if the driver does not wait for it to
be issued, where the CEO knows that this will not be the case.
A CEO or other employee must not enter into a discussion or offer any opinion on:-
the need for parking regulations either in general or in particular;
the effectiveness of the parking regulations;
the reliability of parking equipment, positioning, quality or design of signing and
the level of previous contraventions at a particular site or any difficulties other
motorists may experience in the area;
the level of charges or enforcement penalties, or;
other matters prejudicial to the Council.
In these circumstances the employee must direct the member of the public to contact the
Council and subsequently make a note of the conversation.
The Service Provider must be aware that the Council considers the way in which CEOs deal
with members of the public, as outlined in the sections above, of paramount importance to
the success of the enforcement operation. The Service Provider must ensure that all CEOs
and other personnel working on this contract are trained in these requirements and that the
effectiveness of this training is monitored by supervisory staff. Refresher training in the
above should also be provided as required.
Any allegation by a member of the public that there is a fault with any equipment, road
markings or signs must be investigated immediately where practicable or communicated to
the Radio Control Operator who must log the allegation and arrange for it to be investigated
as soon as possible and, if appropriate, reported to the Council as soon as possible.
Similarly, if a CEO receives a request for enforcement from a member of the public whilst on
patrol, unless the CEO can accommodate the request without leaving his/her beat or
compromising his/her ability to effectively enforce the beat, the CEO must immediately
contact the Radio Control Operator, who will determine what action is to be taken
(despatching a nearby CEO or a RRU unit, for example).
No employee of the Service Provider shall comment officially or unofficially to a
representative of any section of the Press, radio or television media on any matter relating
to parking enforcement unless authorised by the Service Provider and the Council to do so.
For example, permission from the Council must be obtained before writing to a newspaper
about anything of which they have acquired knowledge in the course of their duties. All
employees must report any attempt at contact by the media to the Council’s Representative
immediately after it occurs.
The Council is likely to request the removal of any employee who breaches the
requirements of this section from the Contract.
Method Statement 11.1 (Speaking to Public)
Tenderers are asked to explain how they will ensure their staff comply with the Council’s
aforementioned guidelines when speaking to a member of the public about PCNs or any
other of the issues referred to.
12. ISSUE OF PENALTY CHARGE NOTICES AND WARNING NOTICES
During the hours of operation the Service Provider shall arrange for CEOs to patrol all
restricted and permitted parking areas and enforce the parking regulations in accordance with
this Specification and the agreed Deployment Plan. Where it is not possible to move vehicles
on, this enforcement may take the form of issuing PCNs or Warning Notices to vehicles in
contravention, taking digital photographs and, where appropriate, requesting the vehicles'
relocation or removal.
Offences on the Priority Red Routes connected with the red lines and their various exemptions
are enforced by the Metropolitan Police and TFL’s parking enforcement officers but the
excluded areas on the wider sections of the red routes with permitted parking must be
enforced by the Service Provider. The red routes include the A4, the Earl's Court One Way
System (ECOWS) and the Embankment. Tenderers should note that the borough has some
resident parking bays located on red routes.
Where necessary, CEOs are to issue PCNs to vehicles found in contravention of the parking
regulations subject to any exemptions, dispensations/disregards or waivers applicable at the
time of observation. This must be done in accordance with the Council’s policy guidelines
which include a period of observation; Schedule 7 details the contraventions and observation
periods currently in force.
PCNs will be issued on pre-printed stationery supplied by the Service Provider. The HHC
and printer will add the relevant data fields relating to the contraventions. The HHC will also
be capable of issuing Warning Notices on the same stationery, or may just be used to
record the service of a pre-printed Warning Notice.
Having first logged an observation of a vehicle which the CEO has reasonable cause to
consider may be parked in contravention of the regulations the CEO, before issuing a PCN,
verify that the appropriate carriageway markings, signs and plates are correct and
clearly in evidence
verify in the case of Pay and Display controlled parking bays that a nearby Pay and
Display machine is in working order, providing this machine is appropriate for use in the bay
concerned (e.g. same tariff and time zone).
in cases where a Pay and Display machine is found to be out of service the CEO
should verify that an appropriate alternative working Pay and Display machine is available
before a PCN may be issued. If the nearest machine has a different tariff and there is no
other suitable machine visible in the road in question, a PCN should not be issued;
examine the vehicle for evidence of any dispensation notice issued on behalf of the
Council. With permit and pay and display controlled parking the CEO must examine all
windows in the vehicle and the vehicle's dashboard for evidence of a permit or pay and
display ticket before proceeding to issue a PCN;
examine the vehicle for any notes, evidence of breakdown or evidence that it may be
examine the vehicle for previously issued PCNs.
examine the CEO briefing notes to find out if there is a ‘disregard’ instruction from
Inspection of Signs and Road Markings
On each visit to a site, the CEO must check that all signs and road markings are readily
visible and correct.
If a CEO notices that a sign or road marking relating to a parking regulation is missing,
incorrect, defaced, damaged, faded or obscured, whether or not a vehicle is committing a
contravention, the location and type of fault must be logged onto the HHC. This inspection
data must be transferred to the PCN System as a part of the daily PCN data transfer
process from the HHCs. Where the PCN system has not been set up to capture this kind of
info, CEOs must report this over the radio to the radio controller, who in turn must report it to
the relevant Council department.
If a vehicle is committing a contravention in these circumstances then the CEO must:
not issue a PCN if it is considered that the contravention is as a result of a problem
with the sign or road marking;
issue a PCN if it is considered that the problem with the sign or marking has no
bearing on the contravention being committed. The criteria for determining this will be
agreed between the Contract Manager and the Council’s Representative and may vary from
time to time. CEO’s must be aware of this criteria and any updates as a result of best
practice changes or Adjudication decisions.
In all cases the CEO must record the location and type of fault on the HHC and consult the
CEO Supervisor if in any doubt as to whether a PCN should be issued.
Vehicles with Previously Issued PCNs
If a vehicle is committing a contravention and a PCN has already been affixed to the
vehicle, the CEO must check the PCN details and if:
the CEO believes any PCN to be invalid for whatever reason the CEO’s Supervisor
must be contacted by radio for guidance (and possibly consultation with the issuing CEO). If
the CEO Supervisor agrees the PCN is invalid the CEO shall remove the PCN from the
vehicle, write on it the reason it is considered invalid and return it to the CEO Supervisor at
the end of shift. The CEO may then issue a valid PCN or;
a valid PCN was issued at the same location for the same contravention, the CEO
must issue another PCN if the original was issued during an earlier period of restriction on a
previous day or;
a valid PCN was issued but for a different location or for a different contravention,
the CEO shall proceed to issue another PCN regardless of when the original PCN was
the CEO recognises the vehicle as having received one or more PCNs at that
location, on previous days, which are not currently on the vehicle and issues a PCN for the
current contravention, the CEO shall request the vehicle's removal immediately.; It must be
noted, however, that no more than two PCNs are to be issued against a vehicle for the
same location, the same offence and same valve position, except when CEO issues a PCN
to authorise the vehicle to be removed after confirming that it has not been abandoned or
stolen (obvious signs are unlocked doors, ignition key hole tampered, etc). In these
circumstances, CEO must get advice from the supervisor, or;
e)the CEO finds the circumstances are such that the criteria for the vehicle to be removed
are met, the CEO shall proceed to request authorisation of such action. Issuing a PCN
Upon determining that the vehicle meets the criteria for a PCN to be issued, the CEO must
enter or verify on the HHC the following data, and any other data, which will be prompted by
the HHC following entry of the VRM:
VRM, this will automatically call up any previously logged observation data for
verification and will also display any message relating to this vehicle, such as whether a
current permit or dispensation exists, or is a persistent evader vehicle;
Vehicle Make and Colour, from look up tables on the HHC;
Contravention Code, from look up tables on the HHC;
Bay Number (if available);
Expiry Time or Unexpired Time, depending on the contravention code;
VRM, for a second time recorded from the second registration plate;
Following entry of the VRM for the second time the CEO may print the PCN provided that:-
all the relevant data has been collected and validated;
any minimum observation period has expired, except with the express approval of or
under instruction from the Council’s Representative, and;
any extra observation time relevant to the contravention and vehicle class has
The CEO shall then print the PCN which he / she will immediately sign once the printing has
A second copy of each PCN must be produced by the CEO immediately after the issue of
the first and this shal be marked “Office Copy” or similar on the back of the PCN. These
PCNs must be signed by the CEO as a true copy of the original, placed into a suitable
protective wallet and handed to the CEO Supervisor at the end of the CEO shift.
The CEO must serve the PCN on the vehicle, or the person appearing to be in charge of it.
The HHC will only allow the PCN to be printed if the data recorded meets the criteria
programmed into the HHC to verify the contravention. The CEO must commence the
collection of the required information in the event of the HHC not printing the PCN due to
lack of data, or the expiration of any observation period. The PCN should be printed and
issued as soon as the required data capture and observation criteria have been met.
Immediately following the serving of the PCN the CEO is to log on the HHC the method of
serving the PCN from the look up tables on the HHC.
Having issued and served the PCN, or whilst awaiting the expiry of an observation period,
the CEO must collect specific supporting data as prompted by the HHC for entry, dependant
on the contravention and the location, and will include some of the following:-
valve positions, being clock positions for the front and rear kerbside wheels. The
numbers 1 to 12 are valid. Codes or full descriptions may be required to identify other
possible entries such as “OBSCURED BY KERB” or “ROADSIDE TOO DANGEROUS”
foreign vehicle indicator;
diplomatic vehicle indicator;
number of Yellow Lines, the values 0, 1 or 2 only are acceptable;
number of Kerb Markings, the values 0, 1 or 2 only are acceptable;
observation Type (“Constant” or “Casual” ), a Constant observation being made
when a CEO has remained within view of the vehicle at all times since recording the first
observation up to serving the PCN and a Casual observation is one where the CEO has
moved out of sight of the vehicle since recording the first observation and has returned to
issue the PCN;
loading / unloading noticed;
removal requested, this data may be entered whilst the PCN is being issued, or
could be recorded by the CEO against the PCN record some time later;
Health Emergency Badge Indicator. If “Yes” is entered, an expiry date, a permit
number, a street name and a house number or name must also be entered, but if the
address part of the badge is empty, the CEO must enter the word “NONE”;
parking permit indicator. If “Yes” is entered the CEO must enter the permit number
and the expiry date of the permit;
Suspension, dispensation or waiver indicator. If “Yes” is entered, the permit number
of the dispensation or waiver or the number of the suspension must also be entered;
disabled badge indicator. If 'Yes' is entered, the CEO must also enter the badge
permit number, authority of issue and the time clock value;
statutory undertaker's vehicle indicator. If 'Yes' is entered, the type of vehicle must
be entered into the 'Notes' field, valid types being:-
Navy, army and air force vehicles;
Royal Mail, Police, Ambulance and Fire Brigade vehicles;
Gas, Water and Electricity vehicles;
Local Authority vehicles;
Contractor vehicles (working on behalf of RBKC)
vehicle attended indicator. If 'Yes' is entered the CEO must enter further details into
the “Notes” field;
equipment fault indicator. If 'Yes', the CEO must enter further details into the “Notes”
all windows checked indicator “Yes” or “No”;
evidence of vehicle breakdown indicator. If 'Yes' is entered, the CEO must enter
further details into the “Notes” field;
digital photograph information. Data may need to be entered to enable the
automatic indexing and attachment of multiple photographic images to PCNs. Data such as
the memory card number and photograph frame number may be required, depending on the
type of camera supplied and whether the camera is a separate unit or an integral part of the
driver's note present. If 'Yes', the CEO must enter further details into the relevant
the CEO should enter details of any note left by the driver and any notes to be made
by the CEO. A table of standard, regularly-used notes should be available for the CEO to
select from, to save time. The CEO should also take a photograph of any note on the
void PCN indicator and reason. If a PCN is voided by the CEO, the relevant
indicator should be set and the CEO must select a valid reason from a table stored in the
x) warning PCN indicator and reason. If a Warning Notice is issued instead of a PCN,
the relevant indicator should be set and the CEO must select a valid reason from the table
stored in the HHC.
If at any stage during the issue of a PCN the CEO realises that the PCN is not valid for any
reason, the CEO must void the PCN and record the reason on the HHC. If an invalid PCN
has already been printed or served, the CEO must retrieve the PCN if possible and record
on the HHC the reason for the void PCN. In any event the CEO must return the copy PCN
to the CEO Supervisor at the end of shift with a request that the PCN be marked as void.
If a motorist returns to the vehicle at any time prior to the printing of the PCN the CEO is to
afford the motorist the opportunity to move the vehicle. CEOs are to use a degree of
discretion in these circumstances and should recognise that the moving of the vehicle so
that it is no longer parked illegally achieves one of the Council's service objectives.
Under no circumstances may a CEO require a motorist to wait while the information
necessary to issue the PCN is being recorded. If the vehicle is moved before the PCN is
printed or served it is to be Voided as 'Vehicle Driven Away'.
During the printing of the PCN the CEO must inspect the print quality to ensure that the
printed details are bold enough to be read at arms length in normal daylight and that all data
are positioned correctly within their appropriate fields. In the event of the print quality not
meeting these standards the PCN must be voided, not served and returned to the CEO
Supervisor by the CEO. If the HHC fault cannot be rectified at the time, the HHC is to be
returned to the Control Office for repair or replacement. If the CEO can repair the HHC, a
second PCN must be issued for the contravention. The Service Provider’s attention is
drawn to the KPIs listed in the Payment Mechanism and Target Cost Schedules which detail
the requirement of the Service Provider to properly equip their CEOs.
Apart from circumstances described above a CEO may only withdraw an issued PCN if that
PCN is replaced by a substitute PCN. CEOs must retain the substituted PCN and return
both parts of it to the CEO Supervisor. In such cases the CEO must record the details giving
rise to the substitution in the HHC and cross-reference the entry by quoting the appropriate
replacement PCN number. In no case is the CEO to indicate to a member of the public that
any PCN will be cancelled.
CEOs may also need to attend Adjudication hearings in some cases, as required and if this
is the case, the Service Provider shall ensure that the CEO, providing he/she is still
employed by the Service Provider, attends the hearing at the time and location specified.
The Service Provider shall bear all costs associated with such attendances.
There may also be occasions when the Council requires a CEO to complete a formal
witness statement. If this is the case, the Service Provider shall ensure that the statement is
completed within the CEO’s next two working days and forwarded to the Council’s
Representative immediately on completion. If the CEO is away from work at the time of the
request, the Contract Manager shal inform the Council’s Representative of this and of the
likely date of the CEO’s return.
Serving PCNs and Warning Notices
PCNs and Warning Notices must be handed to a person presenting themselves as being in
charge of the vehicle or served on the vehicle in a weatherproof envelope with a self
adhesive backing such that it cannot be removed accidentally by wind or other elements.
Envelopes containing PCNs are to be brightly coloured and clearly marked "Penalty Charge
Notice". The Service Provider is to supply suitable envelopes to the approval of the
If a PCN is handed to a person, the CEO must record this fact and brief details of the person
in the HHC, i.e. 'male driver', 'female passenger' etc.
If a PCN is served on a vehicle it must be placed on the front windscreen of the vehicle (or
other appropriate location) such that it is in full view of the driver. It must be attached
securely to the vehicle using the self-adhesive backing to the envelope and, where possible,
placed under the windscreen wiper such that it does not become removed accidentally. If a
PCN cannot be placed in full view of a driver or adequately secured to the vehicle the CEO
must serve the PCN, making a note of the circumstances and recording the method and
location of service.
If a PCN is challenged by the motorist or any other party at the time of issue the CEO must
follow the procedures set out in this specification.
If a driver should return to a vehicle once a PCN has been printed but before a PCN is
affixed to that vehicle the CEO must:
a) inform the driver that a contravention has occurred and a PCN has been printed;
b) hand the PCN to the driver, and if they refuse to accept it, affix the PCN to the
vehicle, providing it is safe to do so.
In circumstances where the PCN cannot be served, full details of the incident should be
noted in the CEO's HHC. The PCN, together with the copy PCN, should be handed to the
CEO's supervisor at the end of that shift. The matter should then be reported to the
Council’s Representative so that appropriate action may be determined. The CEO should
not indicate to the driver that the PCN will be served on them through the post or by any
The quality of photographic supporting evidence is particularly important in the PCN process
and it is envisaged that CEOs will take appropriate images to support PCN issuance. This will
be especially crucial in supporting a future on-line appeals process.
HHCs will be used to record all notes and observations relating to the issuance of PCNs, and
associated images except in situations of poor light where a separate camera may be used.
As detailed in section 4 of this specification and as part of this service the Council expects the
Service Provider and its staff to provide a support service in identifying any issues on street.
While this is not to be to the detriment of their primary role, the Council believes that ensuring
the quality and effectiveness of street signage, line markings and street furniture in general
will support the service.
Method Statement 12.1 (Correct PCN issuance)
In light of the collaborative and flexible approach to enforcement, Tenderers are asked to
clarify how they will ensure effective PCN issuance by staff on street and that the embedded
processes are followed. The response should include but not be limited to ensuring the quality
of PCN issuance, correct identification of signs and road markings, ensuring that repeat
vehicle PCN issuance is appropriate and that correct observation times have been
Method Statement 12.2 (Quality of photographs)
Tenderers are asked to clarify how they will ensure that the quality of photographic images
taken in support of PCNs they have issued are of the highest quality and in accordance with
the Council’s requirements.
13. IT AND RADIO EQUIPMENT
The Council will provide the IT infrastructure and associated equipment (computers,
printers, modems etc) to ensure the Service Provider will have access to the Council
network and systems; this will include access to the hosted parking services PCN system.
The Service Provider will provide all on street equipment and associated back office
equipment used by the CEO and to support their well being. Equipment will include but not
be limited to handheld computers, radios and the communications infrastructure (if
applicable), PCN/Warning notice printers, separate cameras, docking stations etc. The
Council expects adequate start of shift procedures to be in place, which include but are not
limited to checking all equipment is working correctly, the correct dates are in place and test
tickets have been printed.
The Council takes the issue of personal safety very seriously in respect of both its direct
employees and its service provider’s staff. With regards to the health and safety of CEOs
on street, the Council expects the Service Provider to ensure the safety of its staff is
paramount, providing support, effective equipment and appropriate training.
Method Statement 13.1 (All necessary equipment)
Tenderers are asked to provide a breakdown of the equipment they deem necessary to
support the service.
Method Statement 13.2 (Maintenance of equipment)
Tenderers are asked to advise how they will manage the process of maintaining, managing
and allocating all equipment required to support CEOs in the performing of their duties.
Method Statement 13.3 (Managing staff safety)
Tenderers are asked to clarify how they will manage issues such as code reds and the
safety of their staff in general. This should include methods of communication and also the
training available to CEOs to help them manage difficult situations on street.
14. MONITORING AND REPORTING
The Council places a strong emphasis on quality management information. There will be
instances where ad hoc reports are required, possibly at short notice. This may be to aid a
complaint investigation, following a request from a Councillor or senior manager or for any
Method Statement 14.1 (sample reports)
Tenderers are asked to provide a sample of the deployment plans, management reports
and the frequency that they anticipate providing these to the Council as evidence to support
the quality of service provided.
Responses should include but not be limited to how you will address all KPIs, evidence
areas such as quality of the service, effective parking enforcement, deployed hours,
deployment locations, issuance of quality PCNs, evidence of an informed and motivated
staff, staff well being and training, timely reporting of on street issues in signage etc.
Method Statement 14.2 (timely reports)
Tenderers are asked how they will ensure requests for ad-hoc reports are met in a timely
15. REVIEW MEETINGS AND CHANNELS OF COMMUNICATION
It is the Council’s policy that during the period of this Contract, Services wil be developed in
partnership with the Service Provider. The Council is also focused on the constant
improvement of the quality of the service through proactive innovation whilst ensuring the
Service Provider provides value for money.
Contract Review meetings
The Service Provider’s attention is drawn to the Contract Terms, which refers to the cyclic
meetings that will be held between the Service Provider and the Council during the Contract
Term. Regular meetings (currently bi-monthly) will be held to discuss operations more
generally and may include policy matters, resource levels and future directions. The
Contract Manager shall submit a written progress statement to each meeting. This
statement shall include a review of deployment of resources over the preceding month and
its effectiveness and also contain recommendations for any changes to deployment or
resource levels that might increase the effectiveness of the Service.
Separate from the Contract Reviews meeting, regular (currently bi-weekly) operational
meetings shal be held between the Service Provider and the Council’s representatives
in order to review operational issues that are either on-going or have developed over the
period between these meetings. The Service Provider shall provide at these meetings any
information required in support of issues they have been asked to deal with.
The Service Provider shall attend joint meetings with the Council, representatives of other
Service Providers engaged in providing parking services and representatives of outside
bodies, including the Police and Transport for London. The frequency of these meetings will
be determined by the Council.
The Council’s Representative will attend the meetings referred to along with any persons
who in their judgement are considered necessary for the subjects under discussion. The
Contract Manager shal arrange for any member of the Service Provider’s employees to
attend any meeting who is requested to do so by the Council’s Representative subject to
two days notice being given. The interval between the meetings referred to above may be
varied by agreement with the Council.
If the Council’s Representative or the Service Provider requests an emergency meeting,
both must convene no later than 24 hours after the request is made.
The Service Provider will be required to take minutes, assist with agenda items and chair
some of these meeting in the spirit of partnership, with prior agreement with the Council
It is also expected that the Service Provider will ensure its staff are proficient in and make
full use of the same electronic communication channels used by the Council (currently
Microsoft Outlook). They should pay particular reference to ensuring that electronic
calendars are up-to-date for ease of arranging and/or cancelling meetings and that RBKC
email addresses are used when appropriate.
Method Statement 15.1 (attendance at meetings)
Tenderers are asked to explain how they will ensure regular attendance by appropriate
officers at the meetings referred to and their general proficiency in undertaking the tasks
16. COMPLAINT HANDLING
The Service Provider shall accommodate whatever instructions or requests are made by the
Council’s Representative in order to comply with the Council’s complaints procedures.
If the Council receives correspondence, which alleges rudeness, abuse, misdemeanour, etc.,
by any of the Service Provider’s employees, a copy of the correspondence wil be supplied to
the Contract Manager who shall acknowledge receipt of the letter and investigate such
If the Service Provider receives correspondence which alleges rudeness, abuse,
misdemeanour, etc., of any employee the Contract Manager must pass copies of such
correspondence to the Council’s Representative by the next working day
In both scenarios above, within seven working days of the Contract Manager receiving the
correspondence, the Council’s Representative must receive a report of these investigations
which should include a record of the interview with the CEO at which contemporaneous notes
should be made.
Where any delay is anticipated (such as the CEO being unavailable for interview) the Contract
Manager shal advise the Council’s Representative immediately and an extension to the
seven days may be granted.
The interview should address the various aspects of the complaint, giving the CEO full and
fair opportunity to voice their version of events. The interview should aim to explore any new
evidence or statements provided by the CEO.
The interview should be conducted by the relevant base manager (or a suitably delegated
officer if the base manager is unavailable).
Details of the complainant should not be disclosed to the CEO. If this hinders the investigation
in any way, this shold be discussed with the Council’s representative.
The investigation report should also include, after the initial interview notes, a conclusion from
the base manager (or similar) which either upholds or refutes the allegations made in the
complaint and their reasoning for this. This should also include any actions that may be taken
against the CEO and/or any suggested additional training that may be required.
Where previous complaints of a similar nature have been made against the CEO in the past
12 months, this should be taken into account when drawing any conclusions in the
A proposed draft response to the complainant should also be provided by the Service
Provider, the quality and style of which must meet the requirements displayed in the Council’s
Communication Standards guidance document (Schedule 17). This element may be waived
or amended dependent on the agreement of the Council’s Representative.
The Service Provider must keep records of all complaints received, responses given and any
subsequent action taken. This information should be kept up to date and made available when
requested by the Council Representative within twenty-four hours or as soon as practicably
Where it is deemed necessary, and in instances where new information or evidence comes
to light, the Council may require a further interview(s) to take place with the same officer in
order to verify information. The Council may also request that the interview is conducted by
a different officer in this case.
Where a complaint is made against a particular Service Provider’s employee, if the Council’s
Representative considers it would be beneficial, the Service Provider shall arrange for any of
their employees to attend an interview to be conducted by the Council’s Representative at a
specified location. A member of the Service Provider’s management shal also attend.
Appropriate notice of the interview shall be given to the Service Provider. This will not be used
extensively, but only for the most serious of allegations.
If a complaint is made directly to the Service Provider or any of their employees concerning
any Council Officer, a policy or procedure, the Contract Manager shall report the details of
the complaint in writing to the Council’s Representative by the next working day or as soon
as practicaly possible.
If any of the Service Provider’s employees is approached by a member of the public who
wishes to make a complaint against the Service Provider or Council they must be told to
contact the Council in writing.
Should the Council Representative uphold a complaint against an employee of the Service
Provider, which it is considered makes that person unsuitable to continue on the Contract, the
Service Provider shall comply immediately with a request to remove that employee from this
The Service Provider shal make himself aware of the Council’s complaints procedures
provide formal complaint forms
to members of the public upon request.
Method Statement 16.1 (Handling Complaints)
Tenderers are asked to explain how they will ensure that a comprehensive, fair, timely and
proportionate investigation into each complaint will be undertaken and how, in the event that
any element of a complaint is upheld, they intend to manage the outcome.
17. BUSINESS CONTINUITY AND DISASTER RECOVERY
The Council requires a service which demonstrates a high degree of ability to operate in the
event of failures in aspects of the overall provision whereby the business model will continue
to operate in challenging circumstances. This may include but is not limited to IT failure,
transport strikes, adverse weather conditions and general disasters/catastrophes.
Method Statement 17.1 (Business Continuity)
Tenderers are asked to explain their business continuity and disaster recovery model and
how they anticipate maintaining services in light of the aforementioned possibilities.
18. SPLIT SERVICE
In the event that the Council appoints one Service Provider to deliver the Lot 1 services and
a second Service Provider to deliver the Lot 2 service, a high degree of effective
communications and co-operation between all parties involved will be required. Method Statement 18.1 (Lot 1 supplier and Lot 2 supplier liaison)
Tenders are invited to set out their proposal to ensure a good working relationship is
maintained with the second supplier, if this scenario arises.
19. SUSPENSIONS CALL BROADCAST
Currently the Council provides a service whereby residents are notified via an automated
telephone call if their vehicles are found parked in a suspended residents bay on the
morning the suspension is due to take place. The current process for this can be found in
the Council’s parking plan in Schedule 7. At present, this service is provided five days a
week, on a Monday to Friday basis. The Council wishes to extend this service to six days a
week, including Saturdays. It is possible that this process may be extended to include the
London Borough of Hammersmith and Fulham in the future.
Method Statement 19.1 (Suspensions courtesy call service)
Tenderers are asked to comment on how they would undertake the proposed service,
suggesting any improvements where appropriate. Tenderers should also suggest a cost for
potentially providing this same service in LBHF in the future.
SCHEDULE 3 - PAYMENT MECHANISM
(See separate document)
KEY PERFORMANCE INDICATORS
(See separate document)
CHANGE CONTROL PROCEDURES
(See separate document)
(See separate document)
(See separate document)
ADJUDICATOR AND EXPERT
(See separate document)
(See separate document)
(TO BE ADDED)
(See separate document)
(See separate document)
(To be added)
ENVIRONMENTAL MANAGEMENT SYSTEM
FORM OF LICENCE
(To be added)
N/A – this is a Lot 2 item. Not required for Lot 1.
(See below and separate documents)