Invitation to tender

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SECTION 1: INVITATION TO TENDER

1.0 Instructions to Tenderers

1.0.1 Procurement Timetable The timetable for the procurement process is detailed below:

Task: Target date:

ITT issued 9th April 2013

ITT submission deadline 16th April 2013

Visits to 'The Development' 11th April 2013 - 14th April 2013

ITT submission review 16th April 2013 - 22nd April 2013

Contract awarded 24th April 2013

Contract commences 28th April 2013

1.0.2 Tender Return Date The date for the return of tenders will be no later than 15:00hrs on 16th April 2013.

1.0.3 Delivery of Tenders Completed tender documents should be returned electronically by email to [email protected] An electronic receipt of delivery will be provided.

1.0.4 Queries No tenderer should approach the outgoing agent directly. All queries should be addressed in writing by email to [email protected]

1.0.5 Development Inspection Appointments to visit Southgate should be made in writing by emailing the Southgate Owners' Steering Group at [email protected]

1.0.6 ITT Submission Caveats Please note, incomplete or late submissions cannot be accepted.

Agents participating in this ITT will only have their submissions considered if they can answer YES to following essential criteria:

Yes No SOSG use only

1. Your organisation has a Property Factors (Scotland) Act 2011 registration number.

2. Your organisation has a minimum of five years demonstrable experience managing new-build residential apartments.

3. Your organisation will act with sole responsibility as agent for 'The Development'. *No joint-venture or collaborative working between the appointed agent and another managing agent/property factoring company will be accepted. If you cannot answer YES to this question your organisation will be instantly disqualified from the ITT process. If subsequently, after contract award, your organisation breaches the above, termination of contract will be made.

1.0.7 Confidentiality Statement Tendering agents agree they shall not and shall ensure their employees and agents will not disclose, divulge, dispose of, or part with possession, custody or control of any documents, material or other information (in whatever form) prepared, supplied or obtained for, or pursuant to, this ITT exercise. I, on behalf of the submitting agent, confirm I have read, understood and agree to be bound by the above statements.

Signed:

Position with company:

Print Name:

Date:

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1.2 Introduction The owners at Southgate seek the appointment of new Managing Agents. This Invitation to Tender and supporting documents describe 'The Development', explains the services that are required of the appointed agent (for guidance only) and invites submissions of tenders and supporting documents. The selection of a new agent will be made on the basis of price, quality of submission and the quality of references. The Southgate Owners' Steering Group may wish to visit the offices of short listed agents and a selection of developments under their management, prior to making a final decision. The appointment will be made on the basis of price and quality combined: price will not be the sole criteria. This approach is being taken as the approximate annual running costs for 'The Development' are understood, and therefore, what is of importance to the co-proprietors, is that you can demonstrate you have the services and quality systems in place to manage our investments and assets.

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SECTION 2: 'THE DEVELOPMENT'

2.0 Background and Overview The ITT process for the appointment of a new managing agent is being conducted by a group of volunteer owners who formed a Steering Group to facilitate this process at an owners' meeting held on 4th March 2013. The expected date of appointment for the new managing agent will be no later than 28th April 2013 and will be for an initial 12 month term. The contract will continue thereafter unless terminated by either party or upon service of notice. The Notice Period to be given by either party will be three months in writing. A copy of the Property Specific Schedule of Services utilised by Redpath Bruce in their management of Southgate has been provided for your reference - Appendix A (1) & (2). Presently 'The Development's' day-to-day finances (budgets and actual) are accounted in arrears on actual expenditure. A contingency maintenance fund is in place, however, at the time of issuing of this ITT, bank statements from Redpath Bruce are still outstanding for both Phases of 'The Development'. Within Phase 1 of 'The Development' there are eight properties in arrears and two within Phase 2. All ten have NOPLs registered against them.

Development Phase Number: Address: Amount of arrears:

1 Flat 3/5, 1 Barrland Court £767.52

1 Flat 3/2, 3 Barrland Court £1152.17

1 Main Door, 92 Barrland Street £1432.81

1 Flat 3/3, 84 Barrland Street £1116.55







The debt collection agency appointed by Redpath Bruce, with responsibility for pursuing these outstanding debts, is Stirling Park. At the time of issuing this ITT confirmed details on outstanding electricity due for Phase 1 has not been forthcoming. Redpath Bruce have informed us that the communal electricity is provided by EDF Energy and despite lengthy correspondence invoices have yet to be remitted. Redpath Bruce have formally complained to EDF and, most recently, to the electricity regulator OFGEM. A copy of this correspondence is provided - Appendix B. Currently Phase 1 has an ongoing NHBC claim, which was raised on behalf of residents, for defects within the communal garden/patio/decking area which have resulted in water ingress to the street level car park. Phase 2 has similar issues but it is unclear whether an NHBC resolution has been raised for this defect and clarification will be sought from the outgoing agents. A copy of Phase 1's resolution is provided - Appendix C. Despite being accessible only by secure door entry systems and remote controlled roller car park doors there have, on occassion, been house breakings within 'The Development'. For a period vandalism in the communal stairwells was also an issue but this appears to have been eradicated in more recent times. Car crime continues to be a major concern, particularly within the 'secure' street level car parks for both phases. More detailed reports on crime statistics for the area and 'The Development' can be obtained by contacting the local police (Gorbals Office). The following documentation has been requested from the outgoing agents and we have been informed it will be provided in 'due course'. Construction plans of the buildings (as built) including Health & Safety files and O&M documentation including, but not limited to, the following:

electrical diagrams and tests;

plumbing/piping and instrumentation system diagrams and written schematics etc;

paint colour codes;

exterior cladding suppliers;

exterior roofing suppliers;

service history,, including certificates for lifts (including insurance inspections), fire alarm system (including smoke vent system etc);

water pumps (including service records); and

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correspondence in relation to building leaks and any roof repair work (including certificates/guarantees). The outgoing agent has provided, to date, the following information for reference:

Redpath Bruce's PI Schedule - Appendix D

Summary of Insurance Cover (Phase 1) - Appendix E

Southgate Valuation (Phase 1) - Appendix F

Southgate Valuation (Phase 2) - Appendix G

Claims Experience 2007-2008 (Phase 1) - Appendix H

Claims Experience 2008-2009 (Phase 1) - Appendix I

Claims Experience 2009-2010 (Phase 1) - Appendix J

Claims Experience 2010-2011 (Phase 1) - Appendix K

Claims Experience 2011-2012 (Phase 1) - Appendix L

Claims Experience 2007-2012 (Phase 2) - Appendix M

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2.2 Ownership

2.2.1 Full name and address of developer is: Westpoint Homes

3 Arthur Street

Glasgow

G76 8BQ

2.2.2 Number of actual owners: 157 in total.

83 (Phase 1) and 74 (Phase 2).

2.2.3 Number of units for sale: Not known.

2.2.4 Number of owner occupiers: Not known.

2.2.5 Number of re-possessed properties at present: Redpath Bruce stated they have not been made aware of any pending

repossessions.

2.2.6 Owner names and addresses: Redpath Bruce will make this information to the newly appointed

Managing Agent upon request.

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2.3 Composition of 'The Development'

'The Development' at Southgate is comprised of two individual properties divided by an access road, namely Barrland Court.

Phase 1 - The Henry Ford Building is the larger of the two residential dwellings and is made up of 83 units in total. The property is

accessed by four main door entrances giving access to each of the individual four cores of the building. The only exception to this is

the property sited at 92 Barrland Street which has its own front door access. All four cores of the property provide access to the

street level car park.

Phase 2 - The Sir William Lyons Building is made up of 74 units in total. The property is accessed by three main door entrances

giving access to each of the individual three cores of the building. All three cores of the property provide access to the street level

car park.

2.3.1 Full address: PHASE 1 - THE HENRY FORD BUILDING

84 Barrland Street

Glasgow

G41 1RJ

90 Barrland Street

Glasgow

G41 1RJ

92 Barrland Street

Glasgow

G41 1RJ

1 Barrland Court

Glasgow

G41 1RN

3 Barrland Court

Glasgow

G41 1RN

PHASE 2 - THE SIR WILLIAM LYONS BUILDING

80 Barrland Street

Glasgow

G41 1AG

82 Barrland Street

Glasgow

G41 1AJ

2 Barrland Court

Glasgow

G41 1AL

2.3.2 Age of property and basic construction: 6 years.

2.3.3 Number and size of units including proportion

details for charging purposes:

Phase 1: 84 units.

Phase 2: 74 units.

The Deed of Conditions makes provisions for the breakdown of share

allocation. Please refer to the Invitation to Tender Supporting

Documents pack - Appendix N: Deed of Conditions.

2.3.4 Number of adjacent blocks: Phases 1 and 2 are adjacent to each other within the boundaries of 'The

Development'. Originally 'The Development' was to be constructed of

five phases however the developers, Westpoint Homes, subsequently

decided to register Phases 3 and 4 under separate deeds and refer to

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these as 'Utopia and Utopia 2' at Southgate.

The land allocated for the development of Phase 5 is now up for sale by

the developer.

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2.4 Maintenance Contracts

Presently Redpath Bruce have in place a number of ongoing maintenance contracts for a variety of services. A list of these services

and the appointed contractors can be found below. All contractors are the same for both phases of 'The Development' with the

exception of Grounds Maintenance.

1. Caretaking and cleaning: Request Clean

2. Window cleaning: Palmer & Co.

3. Lift maintenance contract: Northern Lifts

4. Smoke ventilation and dry risers: Wm Brown & Son Ltd

5. Door entry systems: Walker Security Systems

6. Electrician: Walker Security Systems

7. Garage doors: Bid Group T/A Lowland Ensor

8. Water pumps: Richie McKenzie

9. Water tank hygiene: Chemtech

10. Roof anchor testing / roof work: APS Safety Systems Ltd

11. Grounds Maintenance Phase 1: AW Landscapes Phase 2: Westpoint Homes

Note: It is expected that the new agent will undertake a comprehensive review of all service contracts within the first three months of appointment and will submit a report summarising its findings with recommendations for change (if any) by no later than month six of their initial period of management.

SOSG use only

Please advise whether you maintain a list of approved contractors. If so, state what vetting procedures you have adopted before they are approved by you and at what frequency and how the list is reviewed to ensure it is up-to-date. If you do not maintain such as list, state whether you subscribe to any national databases e.g. Construction Line.

Agent's comments:

Please state whether there is any interested party relationship between your company, its partners/directors and the contractors you employ. If so, state the nature of that relationship and what steps you undertake to avoid any conflict of interest, whether actual or perceived.

Agent's comments:

Do you charge a fee for contractor selection and/or a percentage of their charges?

Agent's comments:

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SECTION 3: ABOUT YOUR ORGANISATION

3.1 Company Details

INFORMATION REQUESTED RESPONSE DETAILS

Company name:

Correspondence address:

Contact person responsible for ITT:

Position:

Telephone number(s): Direct Line: Mobile:

Email address:

Company status (e.g. Ltd, Partnership, LLP etc):

Company registered head office address (if applicable):

Company registration number (if applicable):

VAT registration number (if applicable):

Property Factors (Scotland) Act 2011 Registration Number:

Date established and/or incorporated:

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3.2 Professional and Trade Memberships

Please provide details of any professional or trade bodies to which your organisation belongs.

Profesional/trade body name: Membership number:

***PLEASE FILL OUT SUPPLEMENTARY ITT DOCUMENT PACK TO COMPLETE THIS SECTION***

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3.3 Experience

Please read over the following questions and tick either YES or NO in response to each question and provide a brief explanation to support your answer. If you feel there are questions omitted that would benefit your proposal please use the additional information field at the end of this section.

Insurances: Please provide an up to date copy of your insurance schedules for professional indemnity, public and employer’s liability and all risks insurance cover.

Yes No SOSG use only

Agent's comments:

Does your company currently, or have you previously, worked with owner occupiers and tenants in multi-resident apartments?

Agent's comments:

Does your company have a proven record in arrears reduction and recovery of bad debt?

Agent's comments:

Does your company have experience of managing developments/properties where the incumbent managing agent has served termination notices or abandoned their duties?

Agent's comments:

Does your company have experience of dealing with over occupied properties in-line with the current and applicable HMO legislation?

Agent's comments:

Does your company have experience in tackling and reducing/eradicating vandalism, criminal activity and anti-social behaviour?

Agent's comments:

Does your company have experience with cash flow management and sales ledger services?

Agent's comments:

Does your company have experience in developing and achieving/meeting KPIs and SLAs?

Agent's comments:

Does your company have experience with asset management strategies and PPM development?

Agent's comments:

Does your company have experience in legal matters e.g. obtaining Counsel's advice; Court representation; working effectively with solicitors; or possess any in-house legal skills?

Agent's comments:

Does your company have a successful record in managing and reducing legal disputes?

Agent's comments:

Does your company have experience with contract law for the management of service contracts?

Agent's comments:

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Additional Information:

Agent's comments:

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3.4 Your Portfolio

How many residential developments and units therein are currently under your company's management?

Agent's comments:

How many of the above are in the Glasgow area?

Agent's comments:

Please provide a profile of your current portfolio indicating the geographic spread, property types and client types and provide examples of any managements you consider to be broadly comparable to Southgate.

Agent's comments:

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3.5 References Please supply references for a minimum of two and maximum of three developments you currently manage. These should be

similar to the Southgate development.

Referee 1 Details:

Development address:

Contact name (Chairman/Secretary/Owner/Developer):

Telephone number:

Email address:

Referee 2



Telephone number:

Email address:

Referee 3



Telephone number:

Email address:

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SECTION 4: SERVICE SPECIFICATION

4.1 Services Included Within the Management Fee

The agent will be required to deliver a number of services on behalf of Southgate owners. We have outlined below a list of possible services required which you should allow for in calculation of your management fee. Please read over the following and tick either YES or NO in response to each question so we can establish what would be included in your standard annual management fee for each unit. We recognise this list is not complete and therefore would welcome input from your company regarding other services you may provide which would be covered by the annual property management fee or indeed what additional costs these may incur (based on each unit as a shared cost or as an individual cost). Any services not included in your management fee should be accounted for in Section 8: Pricing of this ITT.

FINANCIAL PROVISIONS Will you, in the course of your duties, as our appointed agent...

Included SOSG use only Yes No

Prepare a reserve maintenance plan relating to cyclical maintenance;

Agent's comments:

Provide annual common service charge budget estimation and funds administration;

Agent's comments:

Ensure Weekly/monthly payment of wages/other invoices due for the operation of 'The Development':

Agent's comments:

Regularly bill and collect common and block service charges, including monthly management fees, insurance premiums due and all other sums owed by co-proprietors;

Agent's comments:

Provide periodic budget reports for income and expenditure and cash flow (3 monthly/quarterly) and making this information available to all co-properietors;

Agent's comments:

Draft annual service charge accounts, provide all necessary information to and liaise with auditors for annual preparation of financial accounts and circulate to all co-proprietors;

Agent's comments:

Provide arrears collection and debt recovery management;

Agent's comments:

Provide advice on and management of block and common insurance and any other appropriate cover(s);

Agent's comments:

Provide a bank account in the name of the co-proprietors;

Agent's comments:

Manage all maintenance and other service contracts and undertake an annual review of all such contracts to ensure best value is maintained;

Agent's comments:

Preparation of replacement cost assessments for insurance purposes;

Agent's comments:

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CONTRACT MANAGEMENT Will you, in the course of your duties, as our appointed agent...


Carry out periodic inspections to check condition and deal with any minor repairs to buildings, common parts, plant and grounds, including where necessary liaising with local authorities, organisations and their agents;

Agent's comments:

Undertake the roles of Contract Administrator and/or Planning Supervisor in the procurement and administration of major works contracts, the use of specialist professionals/contractors and any pre-approved SLA;

Agent's comments:

Manage the day-to-day repairs and maintenance, promptly and efficiently and in line with 'The Developments' Deed of Conditions;

Agent's comments:

DEED OF CONDITION Will you, in the course of your duties, as our appointed agent...


Prepare statutory notices and organisation of co-proprietor consultation in line with the Deed of Conditions;

Agent's comments:

Ensure compliance with the Deed of Conditions and any other management policy developed and agreed with co-proprietors or any Owner's Association formed;

Agent's comments:

Conduct yourself and carry out all duties/responsibilities including, but not limited to, the provision of suitable insurance cover in accordance with the Deed of Conditions;

Agent's comments:

LEGAL STRATEGY AND CONTROL Will you, in the course of your duties, as our appointed agent...


Arrange periodic Health & Safety checks to ensure 'The Development' complies with all statutory requirements, including Health & Safety legislation, and carry out all duties required as the responsible person under such statutory obligations;

Agent's comments:

Prepare and provide evidence for court proceedings against individual owners or suppliers or services to 'The Development';

Agent's comments:

Prepare legal documentation, responding to and dealing with solicitors, buyers and co-proprietors for pre-sale enquiries and property sales;

Agent's comments:

Prepare and manage insurance claims on behalf of all co-proprietors;

Agent's comments:

Formulate a safe and effective property strategy within current legislation and in accordance with current best practice;

Agent's comments:

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COMMUNICATIONS Will you, in the course of your duties, as our appointed agent...


Deal reasonably with all enquiries in a timely manner from all co-proprietors and, where applicable, advise all parties of their respective obligations and ensure compliance therewith;

Agent's comments:

Organise and attend general meetings/AGM/EGM of co-proprietors and be responsible for producing minutes;

Agent's comments:

Provide assistance on a suggested management policy if the co-proprietors decide to form an Owner's Association for implementation across the development;

Agent's comments:

Provide status reports on financial, maintenance and legal matters to coincide with the co-proprietors/Owner's Association meetings;

Agent's comments:

Report on significant owner communications;

Agent's comments:

Document management procedures and issues and provide co-proprietor access to these;

Agent's comments:

Produce a periodic newsletter/other circulars for all co-proprietors;

Agent's comments:

Keep all co-proprietors/Owner's Association informed on status of any agreed actions being undertaken on their behalf;

Agent's comments:

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SECTION 5: METHOD STATEMENTS

5.1 Method Statements and Supporting Documentation

Tenderers are requested to submit the following method statements and, where indicated, provide supporting documents as part of their submissions. Tenderers should note carefully that due regard will be taken of the quality of these method statements when selecting a managing agent. In your submissions, please utilise, for ease of reference, the numbering indicated.

Method Statements and Supporting Documents Included SOSG use only Yes No

5.1.1 Insurances: Please provide an up to date copy of your insurance schedules for professional indemnity, public and employer’s liability and all risks insurance cover.

Agent's comments:

5.1.2 Health and Safety: Please provide a copy of your Health and Safety Policy. Please state whether any proceedings have been raised against your company for breaches of the Health and Safety Acts. If so, provide details.

Agent's comments:

5.1.3 Equal Opportunities: Please provide a copy of your Equal Opportunities Policy. Please state whether any proceedings have been raised against your company for breaches of the Equal Opportunities Acts. If so, provide details.

Agent's comments:

5.1.4 Quality Assurance & Standards: Please state what, if any, registration scheme you subscribe to. Please provide a copy of your Quality Assurance Statement and Quality Assurance Policy and Manual, if applicable. Please state what quality standards, if any, have been achieved such as ISO, IIP, or any other such accreditations.

Agent's comments:

5.1.5 Data Protection: In light of the fact that, by virtue of the nature of its business, an agent holds certain personal and sensitive information both on individuals and companies, explain how your company complies with Data Protection legislation and the Freedom of Information Act.

Agent's comments:

5.1.6 Complaints Policy and Procedure: Please provide a copy of your company’s customers’ complaints procedure. Explain how the policy’s existence is brought to the attention of the co-proprietors whose properties you manage.

Agent's comments:

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SECTION 6: TECHNICAL AND QUALITY QUESTIONS

6.1 Technical and Quality Questions Tenderers are requested to complete the following technical and quality questions and, where indicated, provide supporting documents as part of their submissions. In your submissions, please utilise, for ease of reference, the numbering indicated.

Technical & Quality Questions Included SOSG use only Yes No

6.1.1 Staff Resources: Please state the names and roles of the person(s) within your company who will be appointed to deliver the services at Southgate.

Agent's comments:

Property Management System: State the Property Management System and/or Accounting Management System that you would propose using. Please provide information on your corporate website and in particular the extent to which an interactive facility is provided for residents to access information and pay invoices on line. If no such interaction is provided, state whether you have proposals to develop such a website and if so the timescale for such a provision.

Agent's comments:

Service Charge Accounting: Please pay particular attention to the 'arrears management' element of this question (b) as this is of extreme importance to the co-proprietors. Please explain your fee structure and provide a statement of your service charge accounting functions, describing, as a minimum: (a) preparation of the estimate; (b) collection of on account and balancing service charges and surpluses, including arrears management; (c) banking arrangements and allocation of interest gained; (d) details of how your clients’ money is protected from fraudulent activities: please state whether you subscribe to any clients monies protection schemes; (e) payment methods available to co-proprietors; (f) payment of suppliers; (g) preparation of draft accounts; (h) liaison with auditors and publication of final accounts Please provide examples of reports generated by your property management system to support the above.

Agent's comments:

General Management: Please provide an overview of how you would propose undertaking your general management functions to include, but not necessarily limited to: (a) frequency and purpose of site inspections, including recording of same; (b) management of on-site staff; (c) management of services; (d) communication with co-proprietors and residents; (e) breaches of Deeds of Conditions; (f) record keeping; (g) dealing with out of hours emergencies. Please provide examples of any newsletters you may have produced and any other documents you feel would be useful in demonstrating your management methodology.

Agent's comments:

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Handover Process: In light of the extremely tight timescale involved with the appointment of a new agent please indicate your handover process in the transfer of the management from the outgoing agent, listing the information that will be required.

Agent's comments:

Contract: Please provide a copy of any standard contract you use for residential developments.

Agent's comments:

Innovation: Tenderers are invited to submit proposals and suggestions for any innovation you would bring to the management of 'The Development' or changes to buildings etc. that would improve efficiency, security etc.

Agent's comments:

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SECTION 7: PRICING

7.1 Pricing Document

Completion of the tabular, Microsoft Excel, pricing document supplied is required. The cost summary sheet has been provided so the agent can present the various cost elements, for the services being supplied on a consistent basis, for assessment purposes. Each of the tables should be completed as these costs will be taken into account when selecting the new agent for Southgate. If you are unclear with any of the sections please do not hesitate to contact us for clarification - do not make assumptions. These costs should also reflect your submissions in Section 4 of the ITT document. For the purposes of this exercise all costs should be shown excluding VAT.

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SECTION 8: CONTRACTUAL OBLIGATIONS

Outlined below are statements which we would like to form the basis of the contract in procuring the services of a property manager as the agent for the Southgate Development - (Phases 1 & 2). If you have standard forms of contract which you would like to present, then we will consider these also as part of your ITT submission. Contractual Duties

To agree, in writing, the terms of engagement to manage 'The Development', in as detailed a form as is reasonably possible, and to make clear the fee structure and the categories of other services for which additional fees may be charged.

To manage 'The Development' in compliance with all the current applicable legislation (Property Factors (Scotland) Act 2011 asp 8, including the Code of Conduct), terms of the Deed of Conditions, contract documentation and good business practice.

To provide as cost-effective a service as is reasonably possible within the constraints of prudent and planned maintenance and to ensure contractors who provide services have been assessed for competence and hold appropriate insurance before operating on 'The Development'. Where contracted to do so, that all final work is checked and signed off before funds are released.

On request, to provide guidance to the Client as to the insurance requirements under the Deed of Conditions, and where required, to supply an appropriate level of insurance cover, based on an independent valuation, sufficient to meet the co-proprietors obligations.

Financial Duties

To ensure that co-proprietors money is kept separate from agent accounts at all times and that 'The Development' accounts can be individually identified.

Funds in any one client account will not be used to finance another client’s property.

Funds shall be held in a recognised bank or building society in a clearly designated client account. The agent will provide a statement from the service provider, who must be regulated by the FSA, to confirm their compliance with these requirements.

To maintain a current insurance policy adequately indemnifying the agent against proven professional negligence claims.

To ensure that co-proprietors' money is properly and regularly accounted for and that any funds or monies required, for specific future works, are placed on deposit in an appropriate interest-bearing account to earn interest to the credit of that account.

To keep detailed records of all transactions relating to 'The Development' with all expenditure made from 'The Development' account suitably authorised.

To ensure that annual or other required periodic accounting is carried out promptly, ensuring adequate supporting information is provided or available for inspection.

To ensure all necessary information is made available for the audit of any end-of-period accounts so that the audit can be carried out with the minimum of delay.

Disclose all financial gains from commission received from Insurance and Contractors - any gains must benefit the co-proprietors and NOT the agent.

Standards of Service

To extend courteous and professional services to owners, tenants and members of the public, as far as is possible, to ensure that, in all our dealings, there is no bias and all are treated equally.

To maintain adequate records of all owners and tenancies and deal expeditiously with enquiries, particularly where information is required, to assist in a sale.

To be aware, as far as is reasonably possible, of the terms of the tenancies applicable to the property concerned and the effect of legislation and any other relevant documentation, and to deal with owners and tenants both in the spirit of the legal requirements as well as in the letter of the law.

To ensure procedures are in place to deal with repairs within an appropriate time scale having regard to the urgency of the matter and the availability of funds.

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To actively and regularly consult with the co-proprietors and encourage them to become part of the decision-making process.

To discuss and consult with co-proprietors, where major works are contemplated, and to meet to the statutory requirements.

To have appropriate regard to views of representative groups of owners’, even where they are not a formally recognised Owners’/Residents’ Association.

To manage the premises by enforcing burdens (such as the Deed of Conditions & Title Conditions (Scotland) Act 2003 and Tenements (Scotland) Act 2004 asp 11) for the common good, fairly and without favour where so instructed.

To disclose in writing to relevant parties any existing conflict of interest, or any circumstances which are likely to give rise to a conflict of interest (such as The Property Management Company, owning a property on the Clients development, or acting as a letting agent for properties or providing insurance services).

To declare any interest in any contractor or business employed to provide services at the property that may be associated with the Managing Agent.

To use all reasonable efforts, both in the interests of owners, landlords and tenants, to settle disputes by mediating and negotiating with all relevant parties.

To place the fullest emphasis on any matter relating to Health & Safety and environmental legislation, bringing to the urgent attention of owners/landlords and/or residents any areas of concern.

Deemed Acceptance Submission of this ITT and supporting documents will be deemed as acceptance of these Terms & Conditions. The ITT documents and supporting submissions made by the successful agent thereto will form part of the contract documents to be appended to and signed by the parties to the Form of Agreement.

Signed:

Position:

Print Name:

Date:

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SECTION 9 : Declaration

Declaration to be completed by all applicants i) We (the Agent) have provided all of the information requested as part of this ITT exercise (if not, please provide details in the 'Agent's Comments' section below). ii) If successful, we (the Agent) will comply fully with the Contractual Obligations outlined in Section 8 (if unable to do so provide details in the 'Agent's Comments' section below). iii) We hereby authorise the Southgate Owners' Steering Group to take up references about our organisation from other clients and from the company's bankers.

Agent's comments:

Signed:

Position with company:

Print Name:

Date:

Business

Invitation to tender