WARWICK DISTRICT COUNCIL - WhatDoTheyKnow Web viewWarwick District Council is one of five ... the Criminal Law Act 1977 where that ... by the Contract Administrator to act on his behalf

WARWICK DISTRICT COUNCIL

QUESTIONNAIRE FOR THE PROVISION OF THE OPERATION OF ST NICHOLAS PARK MINI GOLF COURSE

APRIL 2013 TO MARCH 2016

CONTENTS:

SECTION 1 - GUIDANCE NOTES FOR APPLICANTS..................................................2SECTION 2 – INTRODUCTION & BACKGROUND.......................................................4SECTION 3 – TENDER QUESTIONNAIRE....................................................................5SECTION 4 – PROJECT SPECIFICATIONS..................................................................15SECTION 5 – ADDITIONAL INFORMATION...............................................................16SECTION 6 - DECLARATION.......................................................................................19

To be returned to:

www.delta-esourcing.com

Access Code xxxxxxx

By: 18/3/2013 AT 12:00

/tt/file_convert/5a7151977f8b9a9d538cc3a4/document.docx- 1 -

SECTION 1 - GUIDANCE NOTES FOR APPLICANTS

1. This questionnaire is designed to provide the Council with the information required to assess your organisation’s suitability to become a provider to the Authority.

2. The word organisation refers to a sole trader, partnership, incorporated company or other business entity, or similar entity operating outside the UK, as appropriate.

3. This questionnaire must be fully completed in English, stating nil or not applicable where appropriate. All information supplied must be accurate and up to date. The Council reserves the right to refuse to consider your application if the questionnaire is not fully completed or is found to be inaccurate.

4. Any information or documents submitted in response to this questionnaire must relate to the applicant only. The applicant is the organisation that will enter into a formal agreement with the Authority if awarded a contract.

5. Where any question refers to relevant UK legislation non-UK organisations should answer on the basis of applicable laws in their own country.

6. Where the space given for any answer is insufficient you should continue on a separate page. Any additional pages and supporting documentation must clearly state the name of the organisation, the tender reference/contract details and the question to which it relates.

7. All responses and submissions provided may form part of the contract should your organisation subsequently be successful.

8. If you have any queries please contact the buyer through the e-portal at www.delta-sourcing.com

9. Note: - The Council will not be liable for any costs or expenses incurred by applicants in completing this questionnaire.

10. Tenders will be evaluated according to the following criteria:

1. Pass/Fail questions

Mandatory Grounds for Exclusion – Part 2(a)

Discretionary Grounds for Exclusion – Part 2(b)

Economic and financial standing – Part 3

Experience and Contract Examples – Part 4.1


Health & Safety – Part 4.2

Equal Opportunities - Part 4.3

Insurance – Part 4.4

2. Scored questions

Statement of Operation 40%

Price 60%

The Council will award the contract to the highest scoring applicant

11. Indicative Timetable

Stages Approx. Date

1 Publication Contract Notice 4/2/2013

2 Issue of Tender Documents 4/2/2013

3 Last date for questions 11/3/2013

4 Closing date for return of tenders 18/3/2013 at 12:00

5 Evaluation period and clarifications 18/3/2013 to 20/3/2013

6 Contract awarded to highest scoring bidder 21/3/2013

11 Contract commencement 30/3/2013


SECTION 2 – INTRODUCTION & BACKGROUND

INTRODUCTION

Warwick District Council is one of five district councils within the county of Warwickshire. The district covers four towns; Leamington Spa, Warwick, Kenilworth and Whitnash, and numerous villages. The population served is in excess of 140,000.

The Council has c.575 employees offering a wide variety of services to local community and businesses, these include

housing sports and leisure culture planning and developmental control environmental health benefits payments council tax and NNDR collection environmental and community regeneration and development

We are a non-profit organisation, primarily funded through taxation which is supplemented by income from some of our services. As such, our expenditure has to be closely monitored and controlled to ensure that best value is achieved in all our activities.

BACKGROUND

The Council is seeking experienced and established operators. The successful operator will be responsible for operating the 9 hole mini golf course in St Nicholas Park, Warwick, to include the distribution of golf equipment to members of the public, collection of money, and ensuring the facility is maintained in a clean and safe condition.

The contract for the previous 3 years has been with Warwick Tea Rooms & café located within St Nicholas Park, exact numbers of participants are not known but the current contract pays in the region of £2000 per calendar year.


SECTION 3 – TENDER QUESTIONNAIRE

PART 1 - ORGANISATION AND CONTACT DETAILS

1.1 Full name of organisation tendering (or of organisation acting as lead contact where a consortium bid is being submitted)

1.2 Registered office address

Company or charity registration number and date of registrationVAT registration number

Name of immediate parent companyName of ultimate parent company

1.3 Type of organisation a) a public limited co.

b) a limited company

c) a limited liability partnership

d) sole trader

e) other (please specify)

1.4 Organisation primary contact name

1.5 Organisation primary contact address

1.6 Organisation primary contact post Code

1.7 Organisation primary contact phone


1.8 Organisation primary contact mobile

1.9 Organisation primary contact e-mail

1.10 Consortia and Sub-Contracting

a) Your organisation is bidding to provide the services required itself

b) Your organisation is bidding in the role of Prime Contractor and intends to use third parties to provide some services

c) The Potential Provider is a consortium Tick as applicable

If your answer is (b) or (c) please indicate in a separate annex (by inserting the relevant company/organisation name) the composition of the supply chain, indicating which member of the supply chain (which may include the Potential Provider solely or together with other providers) will be responsible for the elements of the requirement. Evaluation: Q1.1 – 1.10 for information only – not evaluated.


PART 2 – GROUNDS FOR EXCLUSION

PART 2 (a) – MANDATORY GROUNDS FOR EXCLUSION

In some circumstances the Authority is required by law to exclude you from participating further in a procurement. If you cannot answer no to every question in this section it is very unlikely that your application will be accepted, and you should contact the Authority for advice before completing this form.Please state ‘Yes’ or ‘No’ to each question.

Has your organisation or any directors/partners or any other person who has powers of representation, decision or control been convicted of any of the following offences?

Answer

a) Conspiracy within the meaning of section 1 of the Criminal Law Act 1977 where that conspiracy relates to participation in a criminal organisation as defined in Article 2(1) of the Council Joint Action 98/733/JHA (as amended);

b) Corruption within the meaning of section 1 of the Public Bodies Corrupt Practises Act 1889 or section 1 of the Prevention of Corruption Act 1906 (as amended);

c) The offence or bribery;

d) Fraud, where the offence relates to fraud affecting the financial interests of the European Communities as defined by Article1 of the Convention relating to the protection of the financial interests of the European Union, within the meaning of:

i. The offence of cheating the Revenue;

ii. The offence of conspiracy to defraud;

iii. Fraud or theft within the meaning of the Theft Act 1968 and the Theft Act 1978;

iv. Fraudulent trading within the meaning of section 458 of the Companies Act 1985 or section 993 of the Companies Act 2006;

v. Defrauding the Customs within meaning of the Customs and Excise Management Act 1979 and


the Value Added Tax Act 1994;

vi. An offence in connection with taxation in the European Community within the meaning of section 20 of the Theft Act 1968;

vii. Destroying, defacing or concealing of documents or procuring the extension of valuable security within the meaning of section 20 of the Theft Act 1968;

e) Money laundering within the meaning of the Money Laundering Regulations 2003 or Money Laundering Regulations 2007;or

f) Any offence within the meaning of Article 45(1) of the Directive 2004/18/EC as defined by the national law of any relevant State.

Evaluation: pass/fail.

PART 2 (b) – GROUNDS FOR DISCRETIONARY EXCLUSION

The Authority is entitled to exclude you from consideration if any of the following apply but may, at its discretion, decide to allow you to proceed further. If you cannot answer ‘no’ to every question it is possible that your application might not be accepted. In the event that any of the following do apply, please set out (in a separate Annex) full details of the relevant incident and any remedial action taken subsequently. The information provided will be taken into account by the Authority in considering whether or not you will be able to proceed in this procurement exercise.Please state ‘Yes’ or ‘No’ to each question.


Is any of the following true of your organisation?a) Being an individual

Is bankrupt or has had a receiving order, administration order or bankruptcy restrictions order made against him/her or has made any composition or arrangement with or for the benefit of his creditors and has not made any conveyance or assignment for the benefit of his creditors or appears unable to pay or to have no reasonable prospect of being able to pay, a debt within the meaning of section 268 of the Insolvency Act 1986 or article 242 of the Insolvency (Northern Ireland) Order 1989, or in Scotland has granted a trust deed for creditors or become otherwise apparently insolvent, or is the subject of a petition presented for the sequestration of his estate, or is the subject of any similar procedure under the law of any other state;b) Being partnership constituted under Scots Law, has

granted a trust deed or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of its estate; or

Is any of the following true of your organisation?

c) Being an individual

Is bankrupt or has had a receiving order, administration order or bankruptcy restrictions order made against him/her or has made any composition or arrangement with or for the benefit of his creditors and has not made any conveyance or assignment for the benefit of his creditors or appears unable to pay or to have no reasonable prospect of being able to pay, a debt within the meaning of section 268 of the Insolvency Act 1986 or article 242 of the Insolvency (Northern Ireland) Order 1989, or in Scotland has granted a trust deed for creditors or become otherwise apparently insolvent, or is the subject of a petition presented for the sequestration of his estate, or is the subject of any similar procedure under the law of any other state;

d) Being partnership constituted under Scots Law, has granted a trust deed or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of its estate; or



PART 3 - ECONOMIC FINANCIAL STANDING

Potential Supplier’s responses to this Part will be used to undertake an assessment of your organisation’s economic and financial standing. You will be contacted by the Authority if this assessment identifies that a parent or other type of guarantee is required.

FINANCIAL INFORMATION

3.1 Please provide the name and address of your banker

3.2 Please provide the name, telephone number and email address of the person responsible for your finances (within your company)

3.3 A copy of your audited accounts for the most recent two years

Please reference here and enclose

3.4 A projected forecast statement (If operating for less than 2 years)


3.5 A statement of your turnover, profit and loss account and cash flow for the most recent year of trading


3.6 A letter of Authority to obtain a reference from your bank


Evaluation: plus credit check - pass/fail


PART 4 – TECHNICAL AND PROFESSIONAL ABILITY

Responses to this part will be used to undertaken an assessment of your organisation’s technical and professional ability to provide works/goods/services.

Where the Potential Supplier is a Special Purpose Vehicle and not intending to be the main provider of the goods or services, the information requested should be provided in respect of the principal intended provider of the goods or services.

4.1 EXPERIENCE AND CONTRACT EXAMPLES

Please provide details of up to three contracts from either or both the public and private sector, that are relevant to the Authority’s requirement. Contracts for the supply of goods or services should have been performed during the past three years. (The customer contact should be prepared to speak to the purchasing organisation to confirm the accuracy of the information provided below if we wish to contact them).

In the event that you do not have 2 references we are able to accept references from banks, mentors or other professional establishments that have knowledge of your business.

Contract 1 Contract 2 Contract 3

Customer Organisation (Name):

Answer here Answer here Answer here

Customer contact name, phone number, and e-mail


Contract start and Completion dates


Contract ValueAnswer here Answer here Answer here

Brief description of contract


If you cannot provide at least one example, please briefly explain why (100 words max)Evaluation: pass/fail


4.2 HEALTH AND SAFETY4.2a Does your company have a Written Health

and Safety Policy?Yes/No. If yes please enclose policy statement and contents page only

4.2b Has your company been served with any prohibition and/or notices for improvement in the past 10 years? If yes please provide details below. Provide details or appendix reference here

Yes/No.

4.2c Do you keep records including deaths, major injuries, dangerous occurrences, 3 day injuries, near misses as defined in the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations, RIDDOR? Provide appendix reference here

Yes/No.

4.2d Do you have a system in place to actively manage and monitor the compliance of your operatives with Health and Safety standards?

Yes/No


4.3 EQUAL OPPORTUNITIES4.3a Does your Company have a written Equal

Opportunity Policy?Yes/No

4.3b Does your organisation actively promote the policy to comply with the Equality Act 2010 legislation and developments that encompass, but not limited to the following:-• The Race Relations Act 1976;• The Race Relations (Amendment) Act 2000;• The Rehabilitation of Offenders Act 1974;• The Local Government Act 1988 and 1999;• Disability Discrimination Act 1995;• Sex Discrimination Act 1975;• The Equal Pay Act 1970;• Gender Reassignment 1999;• Employment Equality (Religion or Belief) Regulations 2003• The Employment Equality (Sexual Orientation) Regulations 2003.• Age Regulations 2006Ensuring not to treat one group less

Yes/No


favourably than others because of their protected characteristic – e.g gender, race, nationality, ethnic origin, religion, sexuality or age in relation to decisions to recruit or promote employees.


4.4 INSURANCE

4.4a Employers Liability

Value: Please enclose your certificate and provide appendix reference here

4.4b Public Liability Required


4.4c Professional Indemnity




SECTION 4 – STANDARD CONTRACT CONDITIONS / SPECIFICATION

Definitions

In this Contract, save where the context otherwise requires, the following expressions shall have the meanings assigned to them.

"Commencement Date" shall be the date from which the Operator commences to provide the services;

"Conditions" means these conditions, any supplementary conditions and any modification thereof;

"Contract" means any formal contract document entered into between the Operator and Council and includes the documents incorporated therein and forming part thereof. A reference to an Act of Parliament or any Order, Regulation, Statutory Instrument or the like shall include a reference to any amendments or re-enactment of the same;

"Operator" means the person, persons or company who’s Tender is accepted;

"Council" means Warwick District Council or any successor authority;

"Contract Administrator" means the Contract Services Manager or his authorised representative;

"District" means the area of Warwick District Council;

"Services" means the services described in the Tender documents.

"Tender Documents" means the tender and accompanying documents relating to the collection of cash from parking equipment.

The masculine includes the feminine and the neuter the singular includes the plural and vice versa in each case, and in cases where more than one person enters into covenants or agreements forming part of this contract then such covenants or agreements shall be deemed to have been entered into by such persons jointly and severally.

The Contract Administrator

The functions, rights and powers conferred by this Contract upon the Council shall be exercised by the Contract Administrator. The Operator shall in no circumstances question the existence or extent of the authority of any person authorised by the Contract


Administrator to act on his behalf and the duties and extent of such authority will be given in writing to the Operator.

Contract Period

This Contract shall extend for a period of 3 years from the Commencement Date of the 1st April 2013 and shall not be terminable by either party within that period save in accordance with these Conditions.

Performance of the Service

During the Contract Period the Operator shall perform the service (and any modifications thereof authorised under the Conditions) in a manner consistent with the terms and conditions of tender and to the satisfaction of the Contract Administrator.

Modification and Variation of Contract

The Contract Administrator shall be entitled to issue the Operator instructions in writing requiring the Operator to do all or any part of the following and the Operator shall be bound by and shall forthwith carry out all such instructions:

(a) To omit and to cease to perform any part of the works for such period as the Contract Administrator may fix;

(b) To perform the services or any part thereof in such manner as may on occasions be reasonably required by the Contract Administrator;

(c) To perform such additional or alternative services outside the scope of the Specification as may be required provided that such additional works shall be the same as or similar to the Services in the Specification in which case the appropriate Rates shall apply to such additional works, or be used as a base for price assessment;

(d) To vary the Programme and to perform the services in accordance with the Programme as so varied;

(e) No omission from, addition to or variation of, the contract shall be valid or of any effect unless it is authorised by the Contract Administrator, and subsequently confirmed in writing;

(f) Save for an omission, addition or variation agreed pursuant to (e) above or any matter contained in the Council's Codes of Financial Practice and Purchasing Practice, any provisions inconsistent with the contract conditions, contained in any other document or in any oral agreement shall be void and of no effect.

Payments Due


The Operator will be invoiced quarterly in advance the proportion of the annual amount due.

Assignment and Sub-Letting

(a) The Operator shall in no circumstances assign, or purport to assign the whole or any part of this Contract to any person whatsoever.

(b) The Operator shall in no circumstances sub-let or purport to sub-let the whole or any part of this Contract to any person whatsoever unless the Council has given approval in writing under the hand of the Contract Administrator, such consent not to be unreasonably or veraciously withheld.

Premises

(a) The Operator shall at all times during the Contract Period provide and maintain such premises including the payment of all outgoings as are necessary for the proper performance of the Services.

(b) The Operator shall at all times permit the Contract Administrator access to those parts of the premises occupied for the purposes of this Contract.

Health and Safety Policy and Safe System of Working

(a) The Operator shall at all times take such precautions as are necessary to protect the health and safety of all persons employed by him and shall comply with the requirements of the Health and Safety at Work , etc., Act 1974 (and any amendment or re-enactment thereof) and of any other Acts, Regulations or Orders pertaining to the health or safety of employed persons for the time being in force.

(b) The Operator shall have regard to the Council's safety policy and safe working practices when preparing his own statements, copies of which shall be supplied to the Council prior to the commencement of the Contract. The Operator shall nominate a person to be responsible for health and safety matters as required by the Act.

Employees

(a) The Operator shall at all times during the contract period employ sufficient persons of sufficient abilities and skills


for the proper performance of the services and it shall be the Operator's responsibility to ensure that, notwithstanding sickness, transportation difficulties or any other reason whatsoever preventing the attendance of his employees for normal work, he provides suitable alternative employees to perform the services in accordance with the Specification. The Operator shall not employ young persons (that is people aged between the compulsory school leaving age and 18 years) except in accordance with the provisions of all relevant legislation.

(b) The Operator shall at all times during the Contract Period employ sufficient persons of sufficient abilities and skills to supervise and administer the performance of the Services in a proper and continuous manner. Such suitable members of the Operator's staff shall be available at all times during the performance of the contract.

(c) The Operator shall notify the Contract Administrator of the name, address and telephone number of those persons who will be in charge of the Contract, and those who can be contacted at any time in case of emergency.

(d) The Operator shall at all times be fully responsible for the payments of all income or other taxes, national insurance contributions or levies of any kind, relating to or arising out of the employment of any person employed by the Operator.

(e) The Contract Administrator shall be entitled to instruct the Operator by notice in writing to remove any employee from the performance of the Services either temporarily or permanently. The Council shall in no circumstances be liable either to the Operator or to the employee in respect of any liability, loss or damage occasioned by such removal.

(f) The Operator shall recognise the right of his employees to join a Trade Union of their choice.

(g) The Operator shall provide a copy of their recruitment policy detailing checks made by the Company to ensure the integrity of their staff and the suitability of staff for the work involved.

(h) Due to the nature of the service to be operated, any person employed in connection with the operation of the course, will require an enhanced CRB (Criminal Records Bureau) to be carried out, prior to any involvement/activity relating to the operation of the course.


Identification

(a) Representatives of the Operator shall carry formal identification in a form approved by the Contract Administrator.

(b) When requested to do so or when communicating with other persons as a representative of the Operator all persons employed by the Operator in the performance of the Services shall disclose their identity and shall not attempt to avoid so doing.

Agency

(a) The Operator is not and shall in no circumstances hold themself out as being the agent of the Council.

(b) The Operator is not and shall in no circumstances hold himself out as being authorised to enter into any contract on behalf of the Council or in any other way to bind the Council to the performance, variation, release or discharge of any obligation.

(c) The Operator has not and shall in no circumstances hold himself out as having the power to make, vary, discharge or waive any bye-law or regulation of any kind.

(d) The employees of the Operator are not, shall not hold themselves out to be and shall not be held by the Operator as being, servants or agents of the Council for any purposes whatsoever.

Liability of Operator

(a) The Operator shall fully and promptly indemnify the Council against any liability to any person whatsoever arising out of or connected with the execution of the Contract or any act or omission of any employee of the Operator however such liability may arise.

(b) The Operator shall fully and promptly indemnify the Council in respect of any damage caused to any land, building or chattel in the ownership, occupation of the Council by any employee or agent of the Operator (whether such damage be caused by negligence or in any other way whatsoever) arising out of or connected with the execution of the Contract.

(c) The Operator shall fully and promptly indemnify the Council and all persons concerned in respect of any personal injury caused to any employee of the Council by any employee or agent of the Operator (whether such injury is caused by negligence or in any other way whatsoever) arising out of or connected with the execution of the Contract.


Insurance

(a) The Operator shall at all times maintain in force such policies of insurance with reputable insurers or underwriters approved by the Council as shall fully insure and indemnify the Operator against liability and any loss:-

(i) To the Council and to any employee of the Council. (ii) To the employees of the Operator.(iii) To any other person.

In the sum of at least £5,000,000 for any one occurrence or series of occurrences arising out of one event.

Responsibility for any cash received from members of the public lies with the operator until it is transferred to the nominated collection point.

(b) If, in the opinion of the Contract Administrator, any such policy of insurance does not effect sufficient cover to comply with the Conditions the Operator shall forthwith effect such insurances as will so comply. In default the Contract Administrator may himself cause such insurance to be effected whereupon the Operator shall pay to the Council such sum as the Contract Administrator shall certify as being the cost to the Council of effecting such insurance.

Bribery and Corruption

The Council shall be entitled to cancel the Contract and to recover from the Operator the amount of any loss resulting from such cancellation if:

(a) The Operator shall have offered or given or agreed to offer or give to any person any gift or consideration of any kind as inducement or reward for doing or forbearing to do or for having done or forborne to do any action in relation to the Contract or any other contract with the Council, or for showing or forbearing to show favour or disfavour to any person in relation to the Contract or any other contact with the Council;

or

(b) The like acts shall have been done by any person employed by the Operator or acting on his behalf (whether with or without the knowledge of the Operator).

or


(c) In relation to any contract with the Council the Operator or any person employed by him or acting on his behalf shall:

(i) Have committed any offence under the Prevention of Corruption Acts 1889 to 1916 or any substituted enactments,or

(ii) Have given any fee or reward the receipt of which is an offence under Section 117(2) of the Local Government Act 1972 or any substituted enactments.

Gratuities

The Operator shall not whether by themself or by any person employed by him to perform the Services, solicit any gratuity or tip or any other form of money-taking or reward, collection or charge for any of the Services.

Liability of Council

The Council shall not be liable for any loss or damage howsoever arising except for loss or damage directly arising from negligent acts or omissions of the Council, its servants or agents.

Default in Performance

(a) The Council shall monitor the quality of the performance:

(b) Where the Operator fails to maintain the input levels, or fails to follow the control processes, or fails to achieve the standards of output required, and then it shall be in breach of contract.

(c) The Council may issue a default notice for every breach of whatever nature. Any Default Notice issued shall specify the breach and the time period within which the Council requires the breach to be remedied, and may or may not include a financial deduction. The Operator shall immediately act on any Default Notice by taking the steps required to remedy the breach within the time period specified, together with such other steps as are necessary to minimise the impact of such breach on the overall quality of the Services.

(d) For avoidance of doubt , it is expressly agreed that the Council may review the performance of the Operator by any method it considers appropriate.

(e) If any deficient services are discovered as a result of the Operators own supervision of its work, then the Operator shall


rectify its breach (if necessary by performing or re-performing the deficient services) without delay and to the full satisfaction of the Council. In these circumstances, provided there is no loss or damage to the Council, then the Operator shall be entitled to be paid for the services as if they were properly performed the first time.

Remedying Defaults by the Operator

Upon becoming aware of any default by the Operator in Performance of any of the services contained in this Contract (or part thereof) the Contract Administrator shall notify the Operator of the breach of and give instructions in writing to the Operator to remedy the breach. Any failure by the Operator to comply with these instructions may be dealt with by the Contract Administrator under clause 48 hereof (Liquidated Damages to the Council).

Liquidated Damages to the Council

(a) The application of this clause and its methods of calculation represents a genuine pre-estimate by the Council of the cost of rectifying a failure of the Operator to perform the services in accordance with the Contract.

(b) Where the Contract Administrator or any Contract Monitoring Staff have been required to expend time in investigating and organising the remedying of any deficient services (whether by the Operator or other parties) the liquidated damages shall be at the rate of £50.00 per hour per person.

(c) Where the tasks set out in (b) above are performed by other staff the liquidated damages shall be at the rate of £40.00 per hour per person.

(d) Where any works are required to be performed by any third party to remedy the Operators failure, the liquidated damages shall be at the rates set out above, in addition to the actual cost of securing the works.

(e) The application of the liquidated damages shall in way limit the Council’s power to terminate the Contract in accordance with Section 22 of this Contract (Termination) after deficient performance of the Services.

(f) The calculation of liquidated damages by the Council under this Clause of the Contract Conditions shall be final and may not be reviewed or revised in any arbitration proceedings under Section 25 (Arbitration) or otherwise.

(g) Notwithstanding the provisions of this Clause, no payment shall be due to the Operator by the Council in respect of any services carried out during the Payment Period included in the Payment


Statement if the Contract Administrator certifies that in his opinion the Operator has not substantially performed its obligations to carry out the totality of the services under the Contract during that period.

Termination

(a) The Council shall be entitled forthwith upon the happening of any of the following events to terminate this Contract, by notice to the Operator, such events being:

(i) Any breach by notice to the Operator of any other provision of the Contract.

(ii) The Operator suffering an execution to be levied on his goods, or if the Operator consists of one or more individuals, any such individual dying, entering in to a composition or arrangement for the benefit of his creditors or having a receiving order in bankruptcy made against him or, if the Operator consists of a body corporate, the Operator having a receiver and manager appointed or being the subject of a resolution or order from winding up, PROVIDED that an amalgamation or reconstruction of a limited company shall be deemed not to a breach of this Condition.

(iii) The loss of accreditation during the term of the contract so precluding the Operator from carrying out the work fully in accordance with the Specification.

(b) Upon such termination, in addition to such consequences as set out in the other provisions of the Contract; the Operator shall cease to perform any of the Services.

Audit

The Contract Administrator or authorised representative for the purposes of Audit should have the authority to enter at reasonable times the Operator's property and have access to all records, documents, minutes and correspondence relating to the Contract. The Contract Administrator shall require and receive such explanations as are necessary concerning any matter under examination.

Arbitration

Any disputes or differences arising as between the parties hereto as to their respective rights duties or obligations or as to any other matter or thing in anyway arising out of or connected with


this agreement shall be referred in accordance with the provisions of the Arbitration Acts 1950 to 1979 to a single arbitrator to be agreed on by the parties, or in the absence of agreement by a person appointed by the 'Institute of Arbiters'.

Observance of Statutory Requirements

The Operator shall comply with all statutory and other provisions to be observed and performed in connection with Services provided under the Contract and shall indemnify the Council accordingly.

Rights and Duties Reserved

All rights and duties which the Council has as a Local Authority or which the Council's Officers have as Local Authority Officers are expressly reserved.

Legal Fees

Each party shall bear its own legal and other fees in relation to the preparation and submission of the Tender documents and any formal Contract documents arising therefrom.

Specification

St Nicholas Park in Warwick is one of the Council’s major parks, which offers a range of facilities for residents and visitors alike, including a nine hole mini golf course. The Council is looking for a company to operate the mini golf course on its behalf, which involves maintenance of the course, distribution and collection of golf equipment, and the collection of money from members of the public.

Prior to the commencement of the contract the Council will ensure that the mini golf course is safe and fit for use, a pre-site meeting will be held so both parties can see the condition of the course and at the end of the contract a post site meeting will be held. From the commencement of the contract the responsibility for the maintenance and safety of the course will pass to the operator.

Operating Times and Dates

The mini golf course will operate on every weekend, Saturday and Sunday (weather permitting) from the 1st April 2013 to the 31st March 2016, 10am to 5.30pm

The mini golf course will also operate on weekdays Monday to Friday 10am to 5.30pm, during school holidays

Operating Requirements

Each morning prior to the opening of the course a visual inspection must be carried out to ensure that all areas and structures, are safe and in good


working order. Should as a result of these checks, the operator become aware of the presence of any damaged or defective equipment, which constitutes a danger to users, the operator shall immediately take all necessary action to tape or fence off the affected area, and notify the Council immediately, although any minor repairs or maintenance in relation to the course will remain the responsibility of the operator.

Major repairs or vandalism must be taped off and reported to the council immediately for repair which will be carried by the Councils property section, however the operator must take all practical measure to make sure the area remains safe for the public until the damage has been rectified.

On a daily basis all litter, debris, detritus, moss, weeds, faeces and bodily fluids must be removed from the hard standing areas and structures, to ensure the course is clean and ready for use. The holes on the course must be checked each day to ensure that are free of detritus and debris, or any other obstructions. This does not include the grassed areas around the course, as these are maintained by the Council.

The operator will be required to distribute and collect golf putters and balls to members of the public, and ensure that they are securely stored when not being used. The operator will need to keep a daily record of all equipment, and will be liable for the replacement of any lost or damaged equipment.

The operator is responsible for supervising users of the course to ensure that the course or the equipment is not misused in any way.

The operator will be responsible for the collection of money from users of the course, and will keep auditable records of all transactions, the format to be agreed with the Council prior to the commencement of the contract.

The operator must ensure that staff are accessible to distribute golf equipment and collect money, on the dates and times specified. Notices on the course should clearly indicate where equipment can be collected from, and payments made.

It is envisaged that all payments for use of the course will be in cash, therefore the operator will be required to maintain a float in order to give change where necessary.

The operator is responsible for dealing with any enquiries relating to the operation of the course, and logging and passing on any issues or formal complaints that require a response from the Council.


SECTION 5 – ADDITIONAL INFORMATION

1. STATEMENT OF OPERATION

Please provide a brief statement of the operation you are proposing. This should include:

Proposed signage Location of point for payment and collection of equipment Any deposits you are proposing Any benefits above the specification that you propose to offer

customers

The statement should be no longer than one side of A4.

2. PRICING

Year Annual Payment

2013 £

2014 £

2015 £

Total Contract Payment £


SECTION 6 – ADDITIONAL INFORMATION

1. QUALIFICATION – Tenders will be deemed to have qualified provided they are received on time as per instructions and that there are no reasons for exclusion as described in Section 3 B.

2. SELECTION – Tenders will be deemed to have been selected if they pass the pass/fail questions in parts 3 and 4 of Section 3.

3. AWARD – The award criteria will be based upon the following:

Statement of operation 40%

Price 60%

PASS/FAIL QUESTIONS

Question(s) Fail Criteria Pass Criteria2.0 Grounds forExclusion

2a Grounds for exclusion No grounds for exclusion

2b Grounds for exclusion No grounds for exclusion

3.0 Economic and Financial Standing

3.3-3.6 Financially unacceptable and/or

concerning credit score

Financially acceptable either via finances

provide or credit score

4.1 References and contract examples

4.1 References and contract examples not provided and/or raising

concern

References and contract examples

accptable

4.2 Health & Safety 4.2a-d No Health & Safety policy provided (where

required by UK legislation)

Company complies with UK legislation and

where required has a policy of suitable

standard to support the contract should they be

successful4.3 Equal Opportunities

4.3a No equal opportunities policy or policy statement not

provided

Equal opportunities policy/statement

provided (this may be a brief statement

relevant to the size of your organisation)

4.3b Organisations policy does not comply with the Equality Act 2010.

Organisational policy complies with the

Equality Act 2010 (this may be a brief

statement relevant to the size of your organisation)

4.4 Insurance 4.4 a-c Insufficient level of cover or required

Sufficient level of cover confirmed and details


information not provided. No evidence

of adequate cover being in force if

successfully awarded the contract

Minimum cover:-Employers Liability £5

million

provided or evidence of adequate cover being in force if successfully awarded the contract

Minimum cover:-Employers Liability £5

million

Professional Indemnity£2million

Professional Indemnity£2 million

Public Liability£5 million

Public Liability£5million

SCORED QUESTIONS

1. STATEMENT OF OPERATION 40%

Question

% Poor Score 0

Weak Score 1-3

AverageScore 4-6

ExcellentScore 7-10

40 No information received or information received has no credible grounds for comparison with the requirements of the tender exercise.

In the whole or in majority the statement is poor and/or raises concerns about the ability to operate the contract.

The statement is reasonable although some queries remain.

The statement is acceptable and demonstrates a good understanding of the requirements to operate the contract.

2. PRICING 60%

Question

%

60 The highest payment for operation of the mini golf course over the 3 year contract period will score the maximum marks. All other scores will be as a % of the highest payment.

For example:

% score = lowest tender sum X 50 Tendered sum


The contract will be awarded to the highest scoring supplier at the award stage.


SECTION 7 - DECLARATION

I certify that the information submitted within and appended to this questionnaire is correct.

I understand that the information will be used to assess my organisation’s suitability to become a prospective provider to the Council and that information will be held on computer and manually for this purpose in accordance with the Data Protection Act 1988.

SIGNED: …………………………………………………………………………………………….

NAME (Print): ……………………………………………………………………………………….

POSITION: …………………………………………………………………………………………..

FOR AND ON THE BEHALF OF: ……………………………………………..

DATETEL: FAX:MOBILE: EMAIL:

A director or other authorised senior representative of your organisation must sign this form.
