Providing the Services. 12.1 In consideration of the Management Fee, CBH shall at all times perform the Services to the satisfaction of the Council's Representative in accordance and in compliance with the Contract Standard. The Contract Standard is the standard which shall require CBH to perform the Services with all due skill, care and diligence and in accordance and otherwise in compliance with: 12.1.1 the Business Plans and in particular (but without limitation) the key performance requirements of the Services set out therein; 12.1.2 any current performance indicators issued by the Government or regulatory body which are relevant to the performance of the Services or any part thereof; 12.1.3 any reasonable instructions issued to CBH by the Council Representative pursuant to or in connection with the Agreement; 12.1.4 all legislation; 12.1.5 in a manner which shall preserve, promote and enhance and shall not prejudice the reputation and interests of the Council; 12.1.6 in good and full co-operation with any other company or consultant engaged by the Council to carry out related or relevant works or services on behalf of the Council; and 12.1.7 in a manner which has regard to the interests and welfare of tenants and/or residents and the management and maintenance of the Dwellings to a high standard. 12.2 CBH shall inform the Council's Representative promptly and confirm in writing if CBH is unable or fails to provide the Services or any part thereof, or if CBH is aware of anything of whatsoever nature (and whether or not the result of any act or omission on the part of the Council) which prevents or hinders or which may prevent or hinder CBH from complying with the Agreement giving details of the circumstances, reasons and likely duration. The provision of information under this clause shall not in any way release or excuse CBH from any of its obligations under the Agreement. 12.3 Should CBH require any further instruction or information which is necessary for or in connection with the provision of the Services, CBH shall make a written application in adequate detail for the same to the Council's Representative. 12.4 CBH shall at all times during the provision of the Services allow the Council's Representative and such persons as may from time to time be nominated by the Council's Representative access to: 12.4.1 all offices and work places of CBH for the purpose of monitoring and inspecting work being performed in order to provide the Services; 12.4.2 all offices and work places of CBH for the purpose of inspecting any or all records and documents in the possession, custody or control of CBH in connection with the provision of the Services; 12.4.3 any personnel or agents of CBH for the purpose of interviewing such persons in connection with the provision of the Services; 12.4.4 technology, resources, equipment, systems, and procedures used or proposed to be used in connection with the provision of the Services. 12.5 When managing Council contracts or contractors employed by the Council CBH shall at all times comply with the Council's Standing Orders and Financial Regulations as the same may from time to time be amended, varied or replaced. 12.6 If CBH is unable or fails to provide the Services or any part thereof in accordance with the requirements of clause 12.1, the Council may take steps under Clauses 58 and 59. 12.7 CBH shall as may be necessary or desirable co-operate, liaise with, and co-ordinate its activities with those of any other companies or any company or sub-contractor employed directly or indirectly by the Council and shall provide the Services in harmony with and at no detriment to any other services provided by or on behalf of or to the Council. In particular (but without limitation) CBH shall take all practicable steps to ensure that at the expiry or earlier termination of this Agreement any subsequent company or the Council's own employees can immediately provide services to the Council on the same basis and to the same standard as set out herein. 12.8 CBH shall provide each year to the Council's Representative a copy of its audited accounts within six months of the relevant accounting reference date. In the event that CBH fails to provide accounts in accordance with this clause 12.8 then, without prejudice to any other rights or remedies available to the Council, the Council's Representative or such persons as may from time to time be nominated by the Council's Representative shall be given access to all and any accounting documents and information in the possession, custody or control of CBH. 12.9 CBH shall maintain such quality management systems and procedures as are appropriate to enable CBH to ensure that the Services are always provided to the Contract Standard and CBH shall afford the Council full access to such systems and procedures for audit or other purposes. 12.10 CBH from its own resources shall join and co-operate with the Council in such tenant consultation and liaison as the Council may reasonably require from time to time. 12.11 In addition to the agreed procedures for office opening and availability of staff set out in the Business Plans, CBH will ensure that in the event of any emergency or significant unforeseen difficulty occurring with respect to the delivery of the Services appropriate CBH personnel will advise the Council's Representative as a matter of urgency and will continue to take responsibility for the situation until it is agreed by the Council's Representative that responsibility may be handed over to another agency or authority. 12.12 CBH shall not, whether itself, by any director to be engaged in the provision of the Services, or by any person employed by it to provide the Services, solicit or accept any gratuity, tip or any other form of money or take any reward or make any unauthorised charge for any part of the Services. 12.13 CBH shall not permit its interests to interfere or conflict with its duty (which CBH hereby acknowledges) to provide the Services in the utmost good faith.
Appears in 2 contracts
Sources: Agreement for Housing Management and Other Services, Agreement for Housing Management and Other Services
Providing the Services. 12.1 16.1 In consideration of the Management Fee, CBH Fee the Organisation shall at all times perform the Services to the satisfaction of the Council's Representative in accordance and in compliance with the Contract Standard. The Contract Standard is the standard this Agreement which shall require CBH the Organisation to perform the Services with all due skill, care and diligence and in accordance and otherwise in compliance with:
12.1.1 16.1.1 the Business Plans Delivery Plan and in particular (but without limitation) the key performance requirements of the Services set out therein;,
12.1.2 16.1.2 any current performance indicators issued by the Government or regulatory body which are relevant to the performance of the Services or any part thereof;,
12.1.3 16.1.3 Council Guidelines and in particular (but without limitation) those relating to customer care,
16.1.4 any reasonable instructions issued to CBH the Organisation by the Council Representative pursuant to or in connection with the Agreement;,
12.1.4 all legislation;16.1.5 any conditions upon the approval given by the Regulator pursuant to Section 27 of the Housing Act 1985, to delegate those functions referred to in clause 15,
12.1.5 16.1.6 in a manner which shall preserve, promote and enhance and shall not prejudice the reputation and interests of the Council;,
12.1.6 16.1.7 in good and full co-operation with any other company or consultant engaged by or for the Council to carry out related or relevant works or services on behalf of the Council; and,
12.1.7 16.1.8 in a manner which has regard to the interests and welfare of tenants and/or residents and the management and maintenance of the Dwellings to a high standard,
16.1.9 all legislation,
16.1.10 the Guidance (if and to the extent applicable).
12.2 CBH 16.2 The Organisation shall inform the Council's Representative promptly of and confirm in writing if CBH the Organisation is unable or fails to provide the Services or any part thereof, or if CBH the Organisation is aware of anything of whatsoever nature (and whether or not the result of any act or omission on the part of the Council) Council which prevents or hinders or which may prevent or hinder CBH the Organisation from complying with the Agreement giving details of the circumstances, reasons and likely duration. The provision of information under this clause shall not in any way release or excuse CBH the Organisation from any of its obligations under the Agreement.
12.3 16.3 Should CBH the Organisation require any further instruction or information which is necessary for or in connection with the provision of the Services, CBH the Organisation shall make a written application in adequate detail for the same to the Council's RepresentativeRepresentative and the Council shall respond within a reasonable period.
12.4 CBH 16.4 The Organisation shall at all times during the provision of the Services allow the Council's Representative and such persons as may from time to time be nominated by the Council's Representative access to:
12.4.1 16.4.1 all offices and work places of CBH the Organisation for the purpose of monitoring and inspecting work being performed in order to provide the Services;,
12.4.2 16.4.2 all offices and work places of CBH the Organisation for the purpose of inspecting any or all records and documents in the possession, custody or control of CBH the Organisation in connection with the provision of the Services;,
12.4.3 16.4.3 any personnel or agents of CBH the Organisation for the purpose of interviewing such persons in connection with the provision of the Services;,
12.4.4 technology, resources, equipment, systems, and procedures used or proposed to be used in connection with the provision of the Services.
12.5 When managing Council contracts or contractors employed by the Council CBH shall at all times comply with the Council's Standing Orders and Financial Regulations as the same may from time to time be amended, varied or replaced.
12.6 If CBH is unable or fails to provide the Services or any part thereof in accordance with the requirements of clause 12.1, the Council may take steps under Clauses 58 and 59.
12.7 CBH shall as may be necessary or desirable co-operate, liaise with, and co-ordinate its activities with those of any other companies or any company or sub-contractor employed directly or indirectly by the Council and shall provide the Services in harmony with and at no detriment to any other services provided by or on behalf of or to the Council. In particular 16.4.4 (but without limitation) CBH shall take all practicable steps to ensure that at the expiry or earlier termination of this Agreement any subsequent company or the Council's own employees can immediately provide services to the Council on the same basis and to the same standard as set out herein.
12.8 CBH shall provide each year to the Council's Representative a copy of its audited accounts within six months of the relevant accounting reference date. In the event that CBH fails to provide accounts in accordance with this clause 12.8 then, without prejudice to any other rights or remedies available to the Council, the Council's Representative or such persons as may from time to time be nominated by the Council's Representative shall be given access to all and any accounting documents and information in the possession, custody or control of CBH.
12.9 CBH shall maintain such quality management systems and procedures as are appropriate to enable CBH to ensure that the Services are always provided to the Contract Standard and CBH shall afford the Council full access to such systems and procedures for audit or other purposes.
12.10 CBH from its own resources shall join and co-operate with the Council in such tenant consultation and liaison as the Council may reasonably require from time to time.
12.11 In addition to the agreed procedures for office opening and availability of staff set out in the Business Plans, CBH will ensure that in the event of any emergency or significant unforeseen difficulty occurring with respect to the delivery of the Services appropriate CBH personnel will advise the Council's Representative as a matter of urgency and will continue to take responsibility for the situation until it is agreed by the Council's Representative that responsibility may be handed over to another agency or authoritypurposes of complying with clauses 16.
12.12 CBH shall not, whether itself, by any director to be engaged in the provision of the Services, or by any person employed by it to provide the Services, solicit or accept any gratuity, tip or any other form of money or take any reward or make any unauthorised charge for any part of the Services.
12.13 CBH shall not permit its interests to interfere or conflict with its duty (which CBH hereby acknowledges) to provide the Services in the utmost good faith.
Appears in 2 contracts
Sources: Agreement for Housing Management and Other Services, Agreement for Housing Management and Other Services
Providing the Services. 12.1 16.1 In consideration of the Management Fee, CBH Fee the Organisation shall at all times perform the Services to the satisfaction of the Council's ’s Representative in accordance and in compliance with the Contract Standard. The Contract Standard duty (which is the standard which shall require CBH hereby acknowledged) to perform the Services with all due skill, care and diligence and in accordance and otherwise in compliance with:
12.1.1 16.1.1 the Business Plans Delivery Plan and in particular (but without limitation) the key performance requirements of the Services set out therein;
12.1.2 16.1.2 any current performance indicators Best Value Performance Indicators issued by the Government or regulatory body which are relevant to the performance of the Services or any part thereof;
12.1.3 16.1.3 any reasonable instructions issued to CBH the Organisation by the Council Representative pursuant to or in connection with the Agreement;
12.1.4 16.1.4 all legislation;
12.1.5 16.1.5 in a manner which shall preserve, promote and enhance and shall not prejudice the reputation and interests of the Council;
12.1.6 16.1.6 in good and full co-operation with any other company or consultant engaged by the Council to carry out related or relevant works or services on behalf of the Council; and
12.1.7 16.1.7 in a manner which has regard to the interests and welfare of tenants and/or residents and the management and maintenance of the Dwellings to a high standard.
12.2 CBH 16.2 The Organisation shall inform the Council's ’s Representative promptly of and confirm in writing (which shall include e-mail) if CBH the Organisation is unable or fails to provide the Services or any part thereof, ; or if CBH the Organisation is aware of anything of whatsoever nature (and whether or not the result of any act or omission on the part of the Council) Council which prevents or hinders or which may prevent or hinder CBH the Organisation from complying with the Agreement giving details of the circumstances, reasons and likely duration. The provision of information under this clause Clause shall not in any way release or excuse CBH the Organisation from any of its obligations under the Agreement.
12.3 16.3 Should CBH the Organisation require any further instruction or information which is necessary for or in connection with the provision of the Services, CBH the Organisation shall make a written application in adequate detail for the same to the Council's ’s Representative.
12.4 CBH 16.4 The Organisation shall at all times during the provision of the Services allow the Council's ’s Representative and such persons as may from time to time be nominated by the Council's ’s Representative access to:
12.4.1 16.4.1 all offices and work places of CBH the Organisation for the purpose of monitoring and inspecting work being performed in order to provide the Services;
12.4.2 16.4.2 all offices and work places of CBH the Organisation for the purpose of inspecting any or all records and documents in the possession, custody or control of CBH the Organisation in connection with the provision of the Services;
12.4.3 16.4.3 any personnel or agents of CBH the Organisation for the purpose of interviewing such persons in connection with the provision of the Services;
12.4.4 16.4.4 technology, resources, equipment, systems, and procedures used or proposed to be used in connection with the provision of the Services.
12.5 When managing Council contracts or contractors employed by 16.5 Notwithstanding the Council CBH Organisation's own standing orders and financial regulations, the Organisation shall at all times when acting on behalf of the Council, comply with the Council's ’s Standing Orders and Financial Regulations as the same may from time to time be amended, varied or replacedreplaced and notified to the Organisation.
12.6 If CBH 16.6 Subject to Clause 65 below if the Organisation is unable or fails to provide the Services or any part thereof in accordance with the requirements of clause 12.1Clause 16.1, the Council may take steps itself provide or may employ and pay other persons to provide the Services or any part thereof and all costs incurred thereby shall (if and to the extent the Council so determines) be reflected in a variation to the then Delivery Plan. The Council’s rights under Clauses 58 and 59this Clause 16.6 shall be without prejudice to any other rights or remedies which it may possess.
12.7 CBH 16.7 The Organisation shall as may be necessary or desirable co-operate, liaise with, and co-ordinate its activities with those of any other companies or any company or sub-contractor subcontractor employed directly or indirectly by the Council and shall provide the Services in harmony with and at no detriment to any other services provided by or on behalf of or to the Council. In particular (but without limitation) CBH the Organisation shall take all practicable steps to ensure that at the expiry or earlier termination of this Agreement any subsequent company or the Council's ’s own employees can immediately provide services to the Council on the same basis and to the same standard as set out herein.
12.8 CBH 16.8 The Organisation shall provide each year to the Council's ’s Representative a copy of its audited accounts within six months of the relevant accounting reference date. In the event that CBH the Organisation fails to provide accounts in accordance with this clause 12.8 Clause 16.8 then, without prejudice to any other rights or remedies available to the Council, the Council's ’s Representative or such persons as may from time to time be nominated by the Council's ’s Representative shall be given access to all and any accounting documents and information in the possession, custody or control of CBHthe Organisation.
12.9 CBH 16.9 The Organisation shall maintain such quality management systems and procedures as are appropriate to enable CBH the Organisation to ensure that the Services are always provided to the Contract Standard and CBH the Organisation shall afford the Council full access to such systems and procedures for audit or other purposes. In the event that the Organisation fails to comply with this Clause the Council shall be entitled to:
16.9.1 establish its own quality management systems and procedures, and
16.9.2 require the Organisation to use the same.
12.10 CBH 16.10 The Organisation from its own resources shall join and co-operate with the Council in such tenant consultation and liaison as the Council may reasonably require from time to time.
12.11 16.11 In addition to the agreed procedures for office opening and availability of staff employees set out in the Business PlansDelivery Plan, CBH the Organisation will ensure that in the event of any emergency or significant unforeseen difficulty occurring with respect to the delivery of the Services appropriate CBH Organisation personnel will advise the Council's ’s Representative as a matter of urgency and will continue to take responsibility for the situation until it is agreed by the Council's ’s Representative that responsibility may be handed over to another agency or authority.
12.12 CBH 16.12 The Organisation shall not, whether itself, ; or by any director to be engaged in the provision of the Services, or by any person employed by it to provide the Services, solicit or accept any gratuity, tip or any other form of money or take any reward or make any unauthorised charge for any part of the ServicesServices which would be a contravention of the Council's Code of Conduct and hospitality if the same applied to the Organisation.
12.13 CBH 16.13 The Organisation shall not permit its interests to interfere or conflict with its duty (which CBH the Organisation hereby acknowledges) to provide the Services in the utmost good faith.
Appears in 1 contract
Sources: Housing Management Agreement
Providing the Services. 12.1 In consideration of the Management Fee, CBH shall at all times 10.1 The Organisation will perform the Services to the reasonable satisfaction of the Council's Representative in accordance and in compliance with the Contract Standard. .
10.2 The Contract Standard is the standard which shall require CBH to perform the Services Organisation will act with all due reasonable skill, care and diligence and in accordance and otherwise in compliance with:with:-
12.1.1 10.2.1 the Business Plans and in particular (but without limitation) the key performance requirements of the Services set out thereinDelivery Plan;
12.1.2 10.2.2 any current performance indicators issued by the Government or regulatory body which are relevant to the performance of the Services or any part thereofCouncil Guidelines;
12.1.3 10.2.3 any reasonable instructions issued to CBH the Organisation by the Council Representative pursuant to or in connection with the Agreement;
12.1.4 all legislation;
12.1.5 in a manner which shall preserve, promote and enhance and shall not prejudice the reputation and interests of the Council;
12.1.6 in good and full co-operation with any other company or consultant engaged by the Council to carry out related or relevant works or services on behalf of the CouncilRepresentative; and
12.1.7 10.2.4 any relevant legislation.
10.3 The Organisation will ensure any work it carries out in a manner which has regard addition to the interests and welfare of tenants and/or residents and the management and maintenance delivery of the Dwellings to a high standardServices will not conflict or interfere with such delivery.
12.2 CBH shall inform 10.4 The Organisation will notify the Council's Council Representative promptly and confirm in writing if CBH is it is:-
10.4.1 unable or fails to provide any of the Services or any part thereof, or if CBH is Services; or
10.4.2 aware of anything of whatsoever nature (and whether or not the result of any act or omission on the part of the Council) which prevents or hinders or which that may prevent or hinder CBH it from complying with this Agreement or the Agreement giving Delivery Plan.
10.5 The notice is to give details of the circumstances, reasons for and likely durationduration of the problem. The provision of this information under this clause shall will not in any way release or excuse CBH the Organisation from any of its obligations under the this Agreement.
12.3 Should CBH require 10.6 If the Organisation is unable to provide any Services in accordance with this Agreement the Council may direct the Organisation to produce a remedial plan.
10.7 The Organisation will produce and deliver the remedial plan to the Council within twenty working days of a request to do so.
10.8 The remedial plan is to contain:-
10.8.1 an analysis of the events leading up to the failure to deliver the relevant Service;
10.8.2 steps to deal with the issue promptly and effectively; and
10.8.3 steps to ensure there is no recurrence.
10.9 If the parties cannot agree the remedial plan either may refer the matter to the Dispute Avoidance and Resolution Procedure.
10.10 If the Organisation requires any further instruction or information which is necessary for or in connection with relating to the provision of the Services, CBH shall make a written application in adequate detail for the same it may write to the Council's RepresentativeCouncil‟s Representative for clarification. The Council will ensure such clarification is provided promptly.
12.4 CBH shall at 10.11 The Organisation will take all times during reasonable steps to ensure that on termination of this Agreement either the Council or another company can take over provision of the Services allow the Council's Representative in a timely and such persons as may from time to time be nominated by the Council's Representative access to:
12.4.1 all offices and work places of CBH for the purpose of monitoring and inspecting work being performed in order to provide the Services;
12.4.2 all offices and work places of CBH for the purpose of inspecting any or all records and documents in the possession, custody or control of CBH in connection with the provision of the Services;
12.4.3 any personnel or agents of CBH for the purpose of interviewing such persons in connection with the provision of the Services;
12.4.4 technology, resources, equipment, systems, and procedures used or proposed to be used in connection with the provision of the Serviceseffective manner.
12.5 When managing Council contracts or contractors employed by the Council CBH shall at all times comply with the Council's Standing Orders and Financial Regulations as the same may from time to time be amended, varied or replaced.
12.6 If CBH is unable or fails to provide the Services or any part thereof in accordance with the requirements of clause 12.1, the Council may take steps under Clauses 58 and 59.
12.7 CBH shall as may be necessary or desirable co-operate, liaise with, and co-ordinate its activities with those of any other companies or any company or sub-contractor employed directly or indirectly by the Council and shall provide the Services in harmony with and at no detriment to any other services provided by or on behalf of or to the Council. In particular (but without limitation) CBH shall take all practicable steps to ensure that at the expiry or earlier termination of this Agreement any subsequent company or the Council's own employees can immediately provide services to the Council on the same basis and to the same standard as set out herein.
12.8 CBH shall provide each year to the Council's Representative a copy of its audited accounts within six months of the relevant accounting reference date. In the event that CBH fails to provide accounts in accordance with this clause 12.8 then, without prejudice to any other rights or remedies available to the Council, the Council's Representative or such persons as may from time to time be nominated by the Council's Representative shall be given access to all and any accounting documents and information in the possession, custody or control of CBH.
12.9 CBH shall 10.12 The Organisation will maintain such appropriate quality management systems and procedures as are appropriate to enable CBH to ensure that the Services are always provided to the Contract Standard and CBH shall afford standard required by this Agreement.
10.13 The Organisation will, on reasonable written notice, give the Council full reasonable access to such those systems and procedures for audit or other purposes.
12.10 CBH from its own resources shall join and co-operate with the Council in such tenant consultation and liaison as the Council may reasonably require from time to time.10.14 The Organisation will not:-
12.11 In addition to the agreed procedures for office opening and availability of staff set out in the Business Plans, CBH will ensure that in the event of any emergency or significant unforeseen difficulty occurring with respect to the delivery of the Services appropriate CBH personnel will advise the Council's Representative as a matter of urgency and will continue to take responsibility for the situation until it is agreed by the Council's Representative that responsibility may be handed over to another agency or authority.
12.12 CBH shall not, whether itself, by any director to be engaged in the provision of the Services, or by any person employed by it to provide the Services, 10.14.1 solicit or accept any gratuity, tip or any other form of money or money; or
10.14.2 take any reward or reward; or
10.14.3 make any unauthorised charge for any part of the Services.
12.13 CBH 10.15 The parties will consult with a view to agreeing a protocol for dealing with enquiries from Councillors about tenants‟ issues.
10.16 The Organisation will follow the Council‟s approved policy for assisting tenants to acquire or enter into occupation of houses.
A. 1 The Organisation shall not permit its interests enter into a contract with a third party which will either outlast the Term of this Agreement or require the Council to interfere receive the contract either via assignment or conflict with its duty (which CBH hereby acknowledges) to novation or provide guarantees without the Services in prior written consent of the utmost good faith.Council
Appears in 1 contract
Sources: Management Agreement
Providing the Services. 12.1 16.1 In consideration of the Management Fee, CBH Fee the Organisation shall at all times perform the Services to the satisfaction of the Council's ’s Representative in accordance and in compliance with the Contract Standard. The Contract Standard is duty (hereby acknowledged) on the standard which shall require CBH Organisation to perform the Services with all due skill, care and diligence and in accordance and otherwise in compliance with:
12.1.1 16.1.1 the Business Plans Delivery Plan and in particular (but without limitation) the key performance requirements of the Services set out therein;
12.1.2 16.1.2 any current performance indicators issued by the Government or regulatory body which are relevant to the performance of the Services or any part thereofKey Performance Indicators;
12.1.3 16.1.3 Council Guidelines and in particular (but without limitation) those relating to customer care;
16.1.4 any reasonable instructions issued to CBH the Organisation by the Council Council’s Representative pursuant to or in connection with the Agreement;
12.1.4 16.1.5 all applicable legislation;
12.1.5 16.1.6 in a manner which shall preserve, promote and enhance and shall not prejudice the reputation and interests of the Council;
12.1.6 16.1.7 in good and full co-operation with any other company company, officer or consultant engaged by the Council to carry out related or relevant works or services on behalf of the Council; and
12.1.7 16.1.8 in a manner which has regard to the interests and welfare of tenants tenants, leaseholders and/or residents and the management and maintenance of the Dwellings to a high standard.
12.2 CBH 16.2 The Organisation shall inform the Council's ’s Representative promptly of and confirm in writing if CBH the Organisation is unable or fails to provide the Services or any substantial or material part thereof, or if CBH the Organisation is aware of anything of whatsoever nature (and whether or not the result of any act or omission on the part of the Council) Council which prevents or hinders or which may prevent or hinder CBH the Organisation from complying with the Agreement giving details of the circumstances, reasons and likely duration. The provision of information under this clause Clause shall not in any way release or excuse CBH the Organisation from any of its obligations under the Agreement.
12.3 16.3 Should CBH the Organisation require any further instruction or information which is necessary for or in connection with the provision of the Services, CBH the Organisation shall make a written application in adequate detail for the same to the Council's ’s Representative.
12.4 CBH 16.4 The Organisation shall at all times during the provision of the Services allow the Council's ’s Representative and such persons as may from time to time be nominated by the Council's ’s Representative access to:
12.4.1 16.4.1 all offices and work places of CBH the Organisation for the purpose of monitoring and inspecting work being performed in order to provide the Services;
12.4.2 16.4.2 all offices and work places of CBH the Organisation for the purpose of inspecting any or all records and documents in the possession, custody or control of CBH the Organisation in connection with the provision of the Services;
12.4.3 16.4.3 any personnel or agents of CBH the Organisation for the purpose of interviewing such persons in connection with the provision of the Services;
12.4.4 16.4.4 technology, resources, equipment, systems, and procedures used or proposed to be used in connection with the provision of the Services.
12.5 When managing Council contracts or contractors employed by 16.5 Nothwithstanding the Council CBH Organisation’s own standing orders and approved financial codes of practice, the Organisation shall at all times when acting on behalf of the Council in providing Services under this Agreement comply with the Council's ’s Standing Orders and Financial Regulations Regulations, associated Codes of Practice and terms of reference/delegations as the same may from time to time be amended, varied or replacedreplaced by agreement between the parties.
12.6 16.6 If CBH the Organisation is unable or fails to provide the Services or any part thereof in accordance with the requirements of clause 12.1, Clause 16.1 the Council may take steps itself provide or may employ and pay other persons to provide the Services or any part thereof and all costs incurred thereby shall (if and to the extent the Council so determines) be reflected in a variation to the then Delivery Plan. The Council’s rights under Clauses 58 and 59this Clause 16.6 shall be without prejudice to any other rights or remedies which it may possess.
12.7 CBH 16.7 The Organisation shall as may be necessary or desirable co-operate, liaise with, and co-ordinate its activities with those of any other companies or any company or sub-contractor employed directly or indirectly by the Council and shall provide the Services in harmony with and at no detriment to any other services provided by or on behalf of or to the Council. In particular (but without limitation) CBH the Organisation shall take all practicable steps to ensure that at the expiry or earlier termination of this Agreement any subsequent company or the Council's ’s own employees can immediately provide services to the Council on the same basis and to the same standard as set out herein.
12.8 CBH shall provide each year to the Council's Representative a copy of its audited accounts within six months of the relevant accounting reference date. In the event that CBH fails to provide accounts in accordance with this clause 12.8 then, without prejudice to any other rights or remedies available to the Council, the Council's Representative or such persons as may from time to time be nominated by the Council's Representative shall be given access to all and any accounting documents and information in the possession, custody or control of CBH.
12.9 CBH 16.8 The Organisation shall maintain such quality management systems and procedures as are appropriate to enable CBH the Organisation to ensure that deliver the Services are always provided to the Contract Standard and CBH agreed standards. The Organisation shall afford the Council full access to such systems personnel, records and procedures for audit or other purposes.. In the event that the Organisation fails to comply with this Clause the Council shall be entitled to:
12.10 CBH 16.8.1 establish its own quality management systems and procedures; and
16.8.2 require the Organisation to use the same,
16.9 The Organisation from its own resources shall join and co-operate with the Council in such tenant consultation and liaison as the Council may reasonably require from time to time.
12.11 16.10 In addition to the agreed procedures for normal Organisation’s office opening hours and availability of staff set out in notified by the Business PlansOrganisation to the Council, CBH the Organisation will ensure that in the event of any emergency or significant unforeseen difficulty occurring with respect to the delivery of the Services appropriate CBH Organisation personnel will advise the Council's Representative as a matter of urgency and will continue to take responsibility (in line with the Organisation’s business continuity plan from time to time) for the situation until it is agreed by the Council's Representative that responsibility may be handed over to another agency or authority.
12.12 CBH 16.11 The Organisation shall not, whether itself, or by any director to be engaged in the provision of the Services, or by any person employed by it to provide the Services, solicit or accept any gratuity, tip or any other form of money or take any reward or make any unauthorised charge for any part of the Services.
12.13 CBH 16.12 The Organisation shall not permit its interests to interfere or conflict with its duty (which CBH the Organisation hereby acknowledges) to provide the Services in the utmost good faith.
16.13 The Organisation shall follow as detailed within the Annual Delivery Plan the Council protocol in relation to enquiries from Council Members about Tenants’ and leaseholders’ issues.
16.14 The Organisation shall follow the Council’s approved policy in respect of enabling or assisting any Tenants and leaseholders to acquire, or to acquire and enter into occupation of houses.
Appears in 1 contract
Sources: Agreement for Housing Management and Other Services
Providing the Services. 12.1 13.1 In consideration of the Management Fee, CBH Fee the Organisation shall at all times perform the Services to the satisfaction of the Council's Representative in accordance with and in compliance with the Contract Standard. The Contract Standard is the standard which shall require CBH the Organisation to perform the Services with all due skill, care and diligence and in accordance with and otherwise in compliance with:with:-
12.1.1 13.1.1 the Business Plans Plan and in particular (but without limitation) the key performance requirements of the Services set out therein;
12.1.2 any current performance indicators issued by the Government or regulatory body which are relevant to the performance of the Services or any part thereof;
12.1.3 13.1.2 any reasonable instructions issued to CBH the Organisation by the Council Representative pursuant to or in connection with the Agreement;
12.1.4 all legislation13.1.3 any conditions upon the approval given by the Secretary of State pursuant to Section 27 of the Housing Act 1985, to delegate those functions referred to in Clause 12;
12.1.5 13.1.4 in a manner which shall preserve, promote and enhance and shall not prejudice the reputation and interests of the Council;
12.1.6 13.1.5 in good and full co-operation with any other company or consultant engaged by the Council to carry out related or relevant works or services on behalf of the Council; and;
12.1.7 13.1.6 in a manner which has regard to the interests and welfare of tenants and/or residents and the management and maintenance of the Dwellings to a high standard; and
13.1.7 all legislation.
12.2 CBH 13.2 The Organisation shall inform the Council's Representative promptly of and confirm in writing if CBH the Organisation is unable or fails to provide the Services or any part thereof, or if CBH the Organisation is aware of anything of whatsoever nature (and whether or not the result of any act or omission on the part of the Council) Council which prevents or hinders or which may prevent or hinder CBH the Organisation from complying with the Agreement giving details of the circumstances, reasons and likely duration. The provision of information under this clause Clause shall not in any way release or excuse CBH the Organisation from any of its obligations under the Agreement.
12.3 13.3 Should CBH the Organisation require any further instruction or information which is necessary for or in connection with the provision of the Services, CBH the Organisation shall make a written application in adequate detail for the same to the Council's RepresentativeRepresentative and the Council shall respond within a reasonable period.
12.4 CBH 13.4 The Organisation shall at all times during the provision of the Services allow the Council's Representative and such persons as may from time to time be nominated by the Council's Representative access to:to:-
12.4.1 13.4.1 all offices and work places of CBH the Organisation for the purpose of monitoring and inspecting work being performed in order to provide the Services;
12.4.2 13.4.2 all offices and work places of CBH the Organisation for the purpose of inspecting any or all records and documents in the possession, custody or control of CBH the Organisation in connection with the provision of the Services;
12.4.3 13.4.3 any personnel or agents of CBH the Organisation for the purpose of interviewing such persons in connection with the provision of the Services;
12.4.4 13.4.4 for the purposes of complying with Clauses 13.4.1-13.4.3 all technology, resources, equipment, systems, systems and procedures used or proposed to be used in connection with the provision of the Services.
12.5 When managing Council contracts or contractors employed by the Council CBH 13.5 The Organisation shall at all times comply with the Council's maintain its own Standing Orders and Financial Regulations which should reflect best practice and provide a practical source of advice to assist officers in the discharge of their duties.
13.6 The Organisation shall ensure that the Council has at all times access to current versions of the Key Documents. The Organisation shall notify the Council’s Representative or such other officer of the Council as the same may from time to time be amended, varied notified to the Organisation for the purposes of this clause 13.6 only of any change to the Key Documents as soon as practicable and in any event no later than 14 days from later of the change taking effect or replacedthe documentation being available.
12.6 13.7 If CBH the Organisation is unable or fails to provide the Services or any part thereof in accordance with the requirements of clause 12.1Clause 13.1, the Council may take steps itself provide or may employ and pay other persons to provide the Services or any part thereof and all costs incurred thereby shall (if and to the extent the Council so determines) be reflected in a variation to the then Business Plan. The Council's rights under Clauses 58 and 59this Clause 13.7 shall be without prejudice to any other rights or remedies which it may possess.
12.7 CBH 13.8 The Organisation shall as may be necessary or desirable co-operate, liaise with, and co-co- ordinate its activities with those of any other companies or any company or sub-contractor subcontractor employed directly or indirectly by the Council and shall provide the Services in harmony with and at no detriment to any other services provided by or on behalf of or to the Council. In particular (but without limitation) CBH the Organisation shall take all practicable steps to ensure that at the expiry or earlier termination of this Agreement any subsequent company or the Council's own employees can immediately provide services to the Council on the same basis and to the same standard as set out herein.
12.8 CBH 13.9 The Organisation shall provide each year to the Council's Representative a copy of its audited accounts within six months of the relevant accounting reference date. In the event that CBH the Organisation fails to provide accounts in accordance with this clause 12.8 Clause 13.9 then, without prejudice to any other rights or remedies available to the Council, the Council's Representative or such persons as may from time to time be nominated by the Council's Representative shall be given access to all and any accounting documents and information in the possession, custody or control of CBHthe Organisation.
12.9 CBH 13.10 The Organisation shall throughout the Term maintain and implement such quality management assurance systems and procedures as are appropriate to enable CBH the Organisation to ensure that comply with its obligations under this Agreement and the Services are always provided to the Contract Standard and CBH Organisation shall afford the Council full access to such systems and procedures for audit or other purposes.
12.10 CBH 13.11 The Organisation from its own resources shall join and co-operate with the Council in such tenant consultation and liaison as the Council may reasonably require from time to time.
12.11 13.12 In addition to the agreed procedures for office opening and availability of staff set out in the Business PlansPlan, CBH the Organisation will ensure that in the event of any emergency or significant unforeseen difficulty occurring with respect to the delivery of the Services appropriate CBH Organisation personnel will advise the Council's Representative as a matter of urgency and will continue to take responsibility for the situation until it is agreed by the Council's Representative that responsibility may be handed over to another agency or authority.
12.12 CBH 13.13 The Organisation shall not, whether itself, or by any director to be engaged in the provision of the Services, or by any person employed by it to provide the Services, solicit or accept any gratuity, tip or any other form of money or take any reward or make any unauthorised charge for any part of the Services.
12.13 CBH 13.14 The Organisation shall not permit its interests to interfere or conflict with its duty (which CBH the Organisation hereby acknowledges) to provide the Services in the utmost good faith.
13.15 The Organisation shall notify the Council's Representative immediately upon becoming aware of a matter which the Organisation reasonably considers may be a conflict of interest for the Organisation in providing the Services.
13.16 Following receipt of such notification, the Council's Representative and the Organisation's Managing Director shall meet as soon as reasonably practicable to discuss the potential conflict of interest and use all reasonable endeavours to agree upon steps to be taken by the Organisation to eliminate the risk of such potential conflict of interest arising
13.17 The parties shall comply with the terms of the Development Delivery Arrangements set out in the Seventh Schedule.
Appears in 1 contract
Sources: Agreement for Housing Management and Other Services
Providing the Services. 12.1 16.1 In consideration of the Management Fee, CBH Fee the Organisation shall at all times perform the Services to the satisfaction of the Council's ’s Representative in accordance and in compliance with the Contract Standard. The Contract Standard is the standard which shall require CBH the Organisation to perform the Services with all due skill, care and diligence and in accordance and otherwise in compliance with:
12.1.1 16.1.1 the Business Plans Delivery Plan and in particular (but without limitation) the key performance requirements of the Services set out therein;,
12.1.2 16.1.2 any current performance indicators issued by the Government set of Best Value Performance Indicators or regulatory body National Indicators which are relevant to the performance of the Services or any part thereof;,
12.1.3 16.1.3 Council Guidelines and in particular (but without limitation) those relating to customer care,
16.1.4 any reasonable instructions issued to CBH the Organisation by the Council Representative pursuant to or in connection with the Agreement;,
12.1.4 all legislation;16.1.5 any conditions upon the approval given by the Secretary of State pursuant to Section 27 of the Housing ▇▇▇ ▇▇▇▇, to delegate those functions referred to in Clause 15,
12.1.5 16.1.6 in a manner which shall preserve, promote and enhance and shall not prejudice the reputation and interests of the Council;,
12.1.6 16.1.7 in good and full co-operation with any other company or consultant engaged by the Council to carry out related or relevant works or services on behalf of the Council; , and
12.1.7 16.1.8 in a manner which has regard to the interests and welfare of tenants and/or residents and their Convention Rights under the Human Rights ▇▇▇ ▇▇▇▇ the management and maintenance of the Dwellings to a high standard,
16.1.9 all legislation.
12.2 CBH 16.2 The Organisation shall inform the Council's ’s Representative promptly of and confirm in writing if CBH the Organisation is unable or fails to provide the Services or any part thereof, or if CBH the Organisation is aware of anything of whatsoever nature (and whether or not the result of any act or omission on the part of the Council) Council which prevents or hinders or which may prevent or hinder CBH the Organisation from complying with the Agreement giving details of the circumstances, reasons and likely duration. The provision of information under this clause Clause shall not in any way release or excuse CBH the Organisation from any of its obligations under the Agreement.
12.3 16.3 Should CBH the Organisation require any further instruction or information which is necessary for or in connection with the provision of the Services, CBH the Organisation shall make a written application in adequate detail for the same to the Council's ’s Representative.
12.4 CBH 16.4 The Organisation shall at all times during the provision of the Services allow the Council's ’s Representative and such persons as may from time to time be nominated by the Council's ’s Representative access to:
12.4.1 16.4.1 all offices and work places of CBH the Organisation for the purpose of monitoring and inspecting work being performed in order to provide the Services;,
12.4.2 16.4.2 all offices and work places of CBH the Organisation for the purpose of inspecting any or all records and documents in the possession, custody or control of CBH the Organisation in connection with the provision of the Services;,
12.4.3 16.4.3 any personnel or agents of CBH the Organisation for the purpose of interviewing such persons in connection with the provision of the Services;,
12.4.4 16.4.4 technology, resources, equipment, systems, and procedures used or proposed to be used in connection with the provision of the Services.
12.5 When managing Council contracts or contractors employed by 16.5 The Organisation shall until such time as the Council CBH shall Organisation has adopted its own Standing Orders and Financial Regulations, at all times comply with the Council's ’s Standing Orders and Financial Regulations as the same may from time to time be amended, varied or replaced. The Organisation will only adopt its own Standing Orders and Financial Regulations upon approval by the Council, such approval not to be unreasonably withheld or delayed. Any significant changes to the Organisation’s Standing Orders and Financial Regulations shall be approved by the Council (not to be unreasonably withheld or delayed).
12.6 16.6 If CBH the Organisation is unable or fails to provide the Services or any part thereof in accordance with the requirements of clause 12.1Clause 16.1, the Council may take steps itself provide or may employ and pay other persons to provide the Services or any part thereof and all costs incurred thereby shall (if and to the extent the Council so determines) be reflected in a variation to the then Delivery Plan. The Council’s rights under Clauses 58 and 59this Clause 16.6 shall be without prejudice to any other rights or remedies which it may possess.
12.7 CBH 16.7 The Organisation shall as may be necessary or desirable co-operate, liaise with, and co-ordinate its activities with those of any other companies or any company or sub-sub- contractor employed directly or indirectly by the Council and shall provide the Services in harmony with and at no shall endeavour not to cause unreasonable detriment to any other services provided by or on behalf of or to the Council. In particular (but without limitation) CBH the Organisation shall take all practicable steps to ensure that at the expiry or earlier termination of this Agreement any subsequent company or the Council's ’s own employees can immediately provide services to the Council on the same basis and to the same standard as set out herein.
12.8 CBH 16.8 The Organisation shall provide each year to the Council's ’s Representative a copy of its its:
16.8.1 draft accounts by 24th May each year; and
16.8.2 audited accounts within six months of the relevant accounting reference date. .
16.8.3 In the event that CBH the Organisation fails to provide accounts in accordance with this clause 12.8 Clauses
16.8.1 and/or 16.8.2 then, without prejudice to any other rights or remedies available to the Council, the Council's ’s Representative or such persons as may from time to time be nominated by the Council's ’s Representative shall be given access to all and any accounting documents and information in the possession, custody or control of CBHthe Organisation.
12.9 CBH 16.9 The Organisation shall maintain such quality management systems and procedures as are appropriate to enable CBH the Organisation to ensure that the Services are always provided to the Contract Standard and CBH the Organisation shall afford the Council full access to such systems and procedures for audit or other purposes. In the event that the Organisation fails to comply with this Clause the Council shall be entitled to
16.9.1 establish its own quality management systems and procedures, and
16.9.2 require the Organisation to use the same.
12.10 CBH 16.10 The Organisation from its own resources shall join and co-operate with the Council in such tenant consultation and liaison as the Council may reasonably require from time to time.
12.11 16.11 In addition to the agreed procedures for office opening and availability of staff set out in the Business PlansDelivery Plan, CBH the Organisation will ensure that in the event of any emergency or significant unforeseen difficulty occurring with respect to the delivery of the Services appropriate CBH Organisation personnel will advise the Council's Representative as a matter of urgency and will continue to take responsibility for the situation until it is agreed by the Council's Representative that responsibility may be handed over to another agency or authority.
12.12 CBH 16.12 The Organisation shall not, whether itself, or by any director to be engaged in the provision of the Services, or by any person employed by it to provide the Services, solicit or accept any gratuity, tip or any other form of money or take any reward or make any unauthorised charge for any part of the Services.
12.13 CBH 16.13 The Organisation shall not permit its interests to interfere or conflict with its duty (which CBH the Organisation hereby acknowledges) to provide the Services in the utmost good faith.
Appears in 1 contract
Sources: Management Agreement
Providing the Services. 12.1 In consideration of the Management Fee, CBH shall at all times perform the Services to the satisfaction of the Council's Representative in accordance and in compliance with the Contract Standard. The Contract Standard is the standard which shall require CBH to perform the Services with all due skill, care and diligence and in accordance and otherwise in compliance with:
12.1.1 the Business Plans and in particular (but without limitation) the key performance requirements of the Services set out therein;
12.1.2 any current performance indicators issued by the Government or regulatory body which are relevant to the performance of the Services or any part thereof;
12.1.3 any reasonable instructions issued to CBH by the Council Representative pursuant to or in connection with the Agreement;
12.1.4 all legislation;
12.1.5 in a manner which shall preserve, promote and enhance and shall not prejudice the reputation and interests of the Council;
12.1.6 in good and full co-operation with any other company or consultant engaged by the Council to carry out related or relevant works or services on behalf of the Council; and
12.1.7 in a manner which has regard to the interests and welfare of tenants and/or residents and the management and maintenance of the Dwellings to a high standard.
12.2 CBH shall inform the Council's Representative promptly and confirm in writing if CBH is unable or fails to provide the Services or any part thereof, or if CBH is aware of anything of whatsoever nature (and whether or not the result of any act or omission on the part of the Council) which prevents or hinders or which may prevent or hinder CBH from complying with the Agreement giving details of the circumstances, reasons and likely duration. The provision of information under this clause Clause shall not in any way release or excuse CBH from any of its obligations under the Agreement.
12.3 Should CBH require any further instruction or information which is necessary for or in connection with the provision of the Services, CBH shall make a written application in adequate detail for the same to the Council's Representative.
12.4 CBH shall at all times during the provision of the Services allow the Council's Representative and such persons as may from time to time be nominated by the Council's Representative access to:
12.4.1 all offices and work places of CBH for the purpose of monitoring and inspecting work being performed in order to provide the Services;
12.4.2 all offices and work places of CBH for the purpose of inspecting any or all records and documents in the possession, custody or control of CBH in connection with the provision of the Services;
12.4.3 any personnel or agents of CBH for the purpose of interviewing such persons in connection with the provision of the Services;; and
12.4.4 technology, resources, equipment, systems, and procedures used or proposed to be used in connection with the provision of the Services.
12.5 When managing Council contracts or contractors employed by the Council CBH shall at all times comply with the Council's Standing Orders and Financial Regulations as the same may from time to time be amended, varied or replaced.
12.6 If CBH is unable or fails to provide the Services or any part thereof in accordance with the requirements of clause Clause 12.1, the Council may take steps under Clauses 58 and 59.
12.7 CBH shall as may be necessary or desirable co-operate, liaise with, and co-ordinate its activities with those of any other companies or any company or sub-contractor employed directly or indirectly by the Council and shall provide the Services in harmony with and at no detriment to any other services provided by or on behalf of or to the Council. In particular (but without limitation) CBH shall take all practicable steps to ensure that at the expiry or earlier termination of this Agreement any subsequent company or the Council's own employees can immediately provide services to the Council on the same basis and to the same standard as set out herein.
12.8 CBH shall provide each year to the Council's Representative a copy of its audited accounts within six months of the relevant accounting reference date. In the event that CBH fails to provide accounts in accordance with this clause Clause 12.8 then, without prejudice to any other rights or remedies available to the Council, the Council's Representative or such persons as may from time to time be nominated by the Council's Representative shall be given access to all and any accounting documents and information in the possession, custody or control of CBH.
12.9 CBH shall maintain such quality management systems and procedures as are appropriate to enable CBH to ensure that the Services are always provided to the Contract Standard and CBH shall afford the Council full access to such systems and procedures for audit or other purposes.
12.10 CBH from its own resources shall join and co-operate with the Council in such tenant consultation and liaison as the Council may reasonably require from time to time.
12.11 In addition to the agreed procedures for office opening and availability of staff set out in the Business Plans, CBH will ensure that in the event of any emergency or significant unforeseen difficulty occurring with respect to the delivery of the Services appropriate CBH personnel will advise the Council's Representative as a matter of urgency and will continue to take responsibility for the situation until it is agreed by the Council's Representative that responsibility may be handed over to another agency or authority.
12.12 CBH shall not, whether itself, by any director to be engaged in the provision of the Services, or by any person employed by it to provide the Services, solicit or accept any gratuity, tip or any other form of money or take any reward or make any unauthorised charge for any part of the Services.
12.13 CBH shall not permit its interests to interfere or conflict with its duty (which CBH hereby acknowledges) to provide the Services in the utmost good faith.
Appears in 1 contract
Sources: Agreement for Housing Management and Other Services
Providing the Services. 12.1 13.1 In consideration of the Management Fee, CBH Fee the Organisation shall at all times perform the Services to the satisfaction of the Council's Representative in accordance with and in compliance with the Contract Standard. The Contract Standard is the standard which shall require CBH the Organisation to perform the Services with all due skill, care and diligence and in accordance with and otherwise in compliance with:with:-
12.1.1 13.1.1 the Business Plans Plan and in particular (but without limitation) the key performance requirements of the Services set out therein;
12.1.2 any current performance indicators issued by the Government or regulatory body which are relevant to the performance of the Services or any part thereof;
12.1.3 13.1.2 any reasonable instructions issued to CBH the Organisation by the Council Representative pursuant to or in connection with the Agreement;
12.1.4 all legislation13.1.3 any conditions upon the approval given by the Secretary of State pursuant to Section 27 of the Housing ▇▇▇ ▇▇▇▇, to delegate those functions referred to in Clause 12;
12.1.5 13.1.4 in a manner which shall preserve, promote and enhance and shall not prejudice the reputation and interests of the Council;
12.1.6 13.1.5 in good and full co-operation with any other company or consultant engaged by the Council to carry out related or relevant works or services on behalf of the Council; and;
12.1.7 13.1.6 in a manner which has regard to the interests and welfare of tenants and/or residents and the management and maintenance of the Dwellings to a high standard; and
13.1.7 all legislation.
12.2 CBH 13.2 The Organisation shall inform the Council's Representative promptly of and confirm in writing if CBH the Organisation is unable or fails to provide the Services or any part thereof, or if CBH the Organisation is aware of anything of whatsoever nature (and whether or not the result of any act or omission on the part of the Council) Council which prevents or hinders or which may prevent or hinder CBH the Organisation from complying with the Agreement giving details of the circumstances, reasons and likely duration. The provision of information under this clause Clause shall not in any way release or excuse CBH the Organisation from any of its obligations under the Agreement.
12.3 13.3 Should CBH the Organisation require any further instruction or information which is necessary for or in connection with the provision of the Services, CBH the Organisation shall make a written application in adequate detail for the same to the Council's RepresentativeRepresentative and the Council shall respond within a reasonable period.
12.4 CBH 13.4 The Organisation shall at all times during the provision of the Services allow the Council's Representative and such persons as may from time to time be nominated by the Council's Representative access to:to:-
12.4.1 13.4.1 all offices and work places of CBH the Organisation for the purpose of monitoring and inspecting work being performed in order to provide the Services;
12.4.2 13.4.2 all offices and work places of CBH the Organisation for the purpose of inspecting any or all records and documents in the possession, custody or control of CBH the Organisation in connection with the provision of the Services;
12.4.3 13.4.3 any personnel or agents of CBH the Organisation for the purpose of interviewing such persons in connection with the provision of the Services;
12.4.4 13.4.4 for the purposes of complying with Clauses 13.4.1-13.4.3 all technology, resources, equipment, systems, systems and procedures used or proposed to be used in connection with the provision of the Services.
12.5 When managing Council contracts or contractors employed by the Council CBH 13.5 The Organisation shall at all times comply with the Council's maintain its own Standing Orders and Financial Regulations which should reflect best practice and provide a practical source of advice to assist officers in the discharge of their duties.
13.6 The Organisation shall ensure that the Council has at all times access to current versions of the Key Documents. The Organisation shall notify the Council’s Representative or such other officer of the Council as the same may from time to time be amended, varied notified to the Organisation for the purposes of this clause 13.6 only of any change to the Key Documents as soon as practicable and in any event no later than 14 days from later of the change taking effect or replacedthe documentation being available.
12.6 13.7 If CBH the Organisation is unable or fails to provide the Services or any part thereof in accordance with the requirements of clause 12.1Clause 13.1, the Council may take steps itself provide or may employ and pay other persons to provide the Services or any part thereof and all costs incurred thereby shall (if and to the extent the Council so determines) be reflected in a variation to the then Business Plan. The Council's rights under Clauses 58 and 59this Clause 13.7 shall be without prejudice to any other rights or remedies which it may possess.
12.7 CBH 13.8 The Organisation shall as may be necessary or desirable co-operate, liaise with, and co-ordinate its activities with those of any other companies or any company or sub-contractor subcontractor employed directly or indirectly by the Council and shall provide the Services in harmony with and at no detriment to any other services provided by or on behalf of or to the Council. In particular (but without limitation) CBH the Organisation shall take all practicable steps to ensure that at the expiry or earlier termination of this Agreement any subsequent company or the Council's own employees can immediately provide services to the Council on the same basis and to the same standard as set out herein.
12.8 CBH 13.9 The Organisation shall provide each year to the Council's Representative a copy of its audited accounts within six months of the relevant accounting reference date. In the event that CBH the Organisation fails to provide accounts in accordance with this clause 12.8 Clause 13.9 then, without prejudice to any other rights or remedies available to the Council, the Council's Representative or such persons as may from time to time be nominated by the Council's Representative shall be given access to all and any accounting documents and information in the possession, custody or control of CBHthe Organisation.
12.9 CBH 13.10 The Organisation shall throughout the Term maintain and implement such quality management assurance systems and procedures as are appropriate to enable CBH the Organisation to ensure that comply with its obligations under this Agreement and the Services are always provided to the Contract Standard and CBH Organisation shall afford the Council full access to such systems and procedures for audit or other purposes.
12.10 CBH 13.11 The Organisation from its own resources shall join and co-operate with the Council in such tenant consultation and liaison as the Council may reasonably require from time to time.
12.11 13.12 In addition to the agreed procedures for office opening and availability of staff set out in the Business PlansPlan, CBH the Organisation will ensure that in the event of any emergency or significant unforeseen difficulty occurring with respect to the delivery of the Services appropriate CBH Organisation personnel will advise the Council's Representative as a matter of urgency and will continue to take responsibility for the situation until it is agreed by the Council's Representative that responsibility may be handed over to another agency or authority.
12.12 CBH 13.13 The Organisation shall not, whether itself, or by any director to be engaged in the provision of the Services, or by any person employed by it to provide the Services, solicit or accept any gratuity, tip or any other form of money or take any reward or make any unauthorised charge for any part of the Services.
12.13 CBH 13.14 The Organisation shall not permit its interests to interfere or conflict with its duty (which CBH the Organisation hereby acknowledges) to provide the Services in the utmost good faith.
13.15 The Organisation shall notify the Council's Representative immediately upon becoming aware of a matter which the Organisation reasonably considers may be a conflict of interest for the Organisation in providing the Services.
13.16 Following receipt of such notification, the Council's Representative and the Organisation's Managing Director shall meet as soon as reasonably practicable to discuss the potential conflict of interest and use all reasonable endeavours to agree upon steps to be taken by the Organisation to eliminate the risk of such potential conflict of interest arising
13.17 The parties shall comply with the terms of the Development Delivery Arrangements set out in the Seventh Schedule.
Appears in 1 contract
Sources: Housing Management Agreement
Providing the Services. 12.1 16.1 [In consideration of the Management Fee, CBH ] the Organisation shall at all times perform the Services to the satisfaction of the Council's ’s Representative in accordance and in compliance with the Contract Standard. The Contract Standard is the standard which shall require CBH the Organisation to perform the Services with all due skill, care and diligence and in accordance and otherwise in compliance with:with:-
12.1.1 16.1.1 the Business Plans Delivery Plan and in particular (but without limitation) the key performance requirements of the Services set out therein;
12.1.2 16.1.2 any current best value performance indicators issued by the Government or regulatory body which are relevant to the performance of the Services or any part thereof
16.1.3 Council Guidelines and in particular (but without limitation) those relating to customer care;
12.1.3 16.1.4 any reasonable instructions issued to CBH the Organisation by the Council Representative pursuant to or in connection with the Agreement;
12.1.4 16.1.5 any conditions attached to the approval given by the Secretary of State pursuant too Section 27 of the Housing ▇▇▇ ▇▇▇▇ to delegate those functions referred to in clause 15
16.1.6 all legislation;
12.1.5 16.1.7 in a manner which shall preserve, promote and enhance and shall not prejudice the reputation and interests of the Council;
12.1.6 16.1.8 in good and full co-operation with any other company or consultant engaged by the Council to carry out related or relevant works or services on behalf of the Council; and
12.1.7 16.1.9 in a manner which has regard to the interests and welfare of tenants and/or residents and the management and maintenance of the Dwellings to a high standard.
12.2 CBH 16.2 The Organisation shall inform the Council's ’s Representative promptly of and confirm in writing if CBH the Organisation is unable or fails to provide the Services or any part thereof, or if CBH the Organisation is aware of anything of whatsoever nature (and whether or not the result of any act or omission on the part of the Council) Council which prevents or hinders or which may prevent or hinder CBH the Organisation from complying with the Agreement giving details of the circumstances, reasons and likely duration. The provision of information under this clause Clause shall not in any way release or excuse CBH the Organisation from any of its obligations under the Agreement.
12.3 16.3 Should CBH the Organisation require any further instruction or information which is necessary for or in connection with the provision of the Services, CBH the Organisation shall make a written application in adequate detail for the same to the Council's ’s Representative.
12.4 CBH 16.4 The Organisation shall at all times during the provision of the Services allow the Council's ’s Representative and such persons as may from time to time be nominated by the Council's ’s Representative access to:
12.4.1 16.4.1 all offices and work places of CBH the Organisation for the purpose of monitoring and inspecting work being performed in order to provide the Services;
12.4.2 16.4.2 all offices and work places of CBH the Organisation for the purpose of inspecting any or all records and documents in the possession, custody or control of CBH the Organisation in connection with the provision of the Services;
12.4.3 16.4.3 any personnel or agents of CBH the Organisation for the purpose of interviewing such persons in connection with the provision of the Services;
12.4.4 16.4.4 technology, resources, equipment, systems, and procedures used or proposed to be used in connection with the provision of the Services.
12.5 When managing Council contracts or contractors employed by the Council CBH 16.5 The Organisation shall at all times comply with the Council's Organisation’s Standing Orders and Financial Regulations as the same may from time to time be amended, varied or replacedreplaced except that where the Organisation acts as agent of the Council the Organisation shall (as far as is relevant) comply with the Council’s Standing Orders and Financial Regulations. The Organisation’s Standing Orders will be submitted to the Council’s Representative for his approval.
12.6 16.6 If CBH the Organisation is unable or fails to provide the Services or any part thereof in accordance with the requirements of clause 12.1Clause 16.1, the Council may take steps itself provide or may employ and pay other persons to provide the Services or any part thereof and all costs incurred thereby shall (if and to the extent the Council so determines) be reflected in a variation to the then Delivery Plan. The Council’s rights under Clauses 58 and 59this Clause 16.6 shall be without prejudice to any other rights or remedies which it may possess.
12.7 CBH 16.7 The Organisation shall as may be necessary or desirable co-operate, liaise with, and co-ordinate its activities with those of any other companies or any company or sub-sub- contractor employed directly or indirectly by the Council and shall provide the Services in harmony with and at no detriment to any other services provided by or on behalf of or to the Council. In particular (but without limitation) CBH the Organisation shall take all practicable steps to ensure that at the expiry or earlier termination of this Agreement any subsequent company or the Council's ’s own employees can immediately provide services to the Council on the same basis and to the same standard as set out herein.
12.8 CBH 16.8 The Organisation shall provide each year to the Council's ’s Representative a copy of its audited accounts within six months of the relevant accounting reference date. In the event that CBH the Organisation fails to provide accounts in accordance with this clause 12.8 Clause 16.8 then, without prejudice to any other rights or remedies available to the Council, the Council's ’s Representative or such persons as may from time to time be nominated by the Council's ’s Representative shall be given access to all and any accounting documents and information in the possession, custody or control of CBHthe Organisation.
12.9 CBH 16.9 The Organisation shall maintain such quality management systems and procedures as are appropriate to enable CBH the Organisation to ensure that the Services are always provided to the Contract Standard and CBH the Organisation shall afford the Council full access to such systems and procedures for audit or other purposes. In the event that the Organisation fails to comply with this Clause the Council shall be entitled to:-
16.9.1 establish its own quality management systems and procedures, and
16.9.2 require the Organisation to use the same.
12.10 CBH 16.10 The Organisation from its own resources shall join and co-operate with the Council in such tenant consultation and liaison as the Council may reasonably require from time to time.
12.11 16.11 In addition to the agreed procedures for office opening and availability of staff set out in the Business PlansDelivery Plan, CBH the Organisation will ensure that in the event of any emergency or significant unforeseen difficulty occurring with respect to the delivery of the Services appropriate CBH Organisation personnel will advise the Council's Representative as a matter of urgency and will continue to take responsibility for the situation until it is agreed by the Council's Representative that responsibility may be handed over to another agency or authority.
12.12 CBH 16.12 The Organisation shall not, whether itself, or by any director to be engaged in the provision of the Services, or by any person employed by it to provide the Services, solicit or accept any gratuity, tip or any other form of money or take any reward or make any unauthorised charge for any part of the Services.
12.13 CBH 16.13 The Organisation shall not permit its interests to interfere or conflict with its duty (which CBH the Organisation hereby acknowledges) to provide the Services in the utmost good faith.
Appears in 1 contract
Sources: Housing Management Agreement
Providing the Services. 12.1 16.1 [In consideration of the Management Fee, CBH Rent Collection Fee]1 the Organisation shall at all times perform the Services to the satisfaction of the Council's ’s Representative in accordance and in compliance with the Contract Standard. The Contract Standard is the standard which shall require CBH the Organisation to perform the Services with all due skill, care and diligence and in accordance and otherwise in compliance with:with:-
12.1.1 16.1.1 the Business Plans Delivery Plan and in particular (but without limitation) the key performance requirements of the Services set out therein;
12.1.2 16.1.2 any current best value performance indicators issued by the Government or regulatory body which are relevant to the performance of the Services or any part thereofthereof 1 This is currently included for VAT reasons; but it needs to be revisited when Clause 52 is settled.
16.1.3 Council Guidelines and in particular (but without limitation) those relatin g to customer care;
12.1.3 16.1.4 any reasonable instructions issued to CBH the Organisation by the Council Representative pursuant to or in connection with the Agreement;
12.1.4 16.1.5 all legislation;
12.1.5 16.1.6 in a manner which shall preserve, promote and enhance and shall not prejudice the reputation and interests of the Council;
12.1.6 16.1.7 in good and full co-operation with any other company or consultant engaged by the Council to carry out related or relevant works or services on behalf of the Council; and
12.1.7 16.1.8 in a manner which has regard to the interests and welfare of tenants and/or residents and the management and maintenance of the Dwellings to a high standard.
12.2 CBH 16.2 The Organisation shall inform the Council's ’s Representative promptly of and confirm in writing if CBH the Organisation is unable or fails to provide the Services or any part thereof, or if CBH the Organisation is aware of anything of whatsoever nature (and whether or not the result of any act or omission on the part of the Council) Council which prevents or hinders or which may prevent or hinder CBH the Organisation from complying with the Agreement giving details of the circumstances, reasons and likely duration. The provision of information under this clause Clause shall not in any way release or excuse CBH the Organisation from any of its obligations under the Agreement.
12.3 16.3 Should CBH the Organisation require any further instruction or information which is necessary for or in connection with the provision of the Services, CBH the Organisation shall make a written application in adequate detail for the same to the Council's Representative.’s Representativ e.
12.4 CBH 16.4 The Organisation shall at all times during the provision of the Services allow the Council's ’s Representative and such persons as may from time to time be nominated by the Council's ’s Representative access to:
12.4.1 16.4.1 all offices and work places of CBH the Organisation for the purpose of monitoring and inspecting work being performed in order to provide the Services;
12.4.2 16.4.2 all offices and work places of CBH the Organisation for the purpose of inspecting any or all records and documents in the possession, custody or control of CBH the Organisation in connection with the provision of the Services;
12.4.3 16.4.3 any personnel or agents of CBH the Organisation for the purpose of interviewing such persons in connection with the provision of the Services;
12.4.4 16.4.4 technology, resources, equipment, systems, and procedures proc edures used or proposed to be used in connection with the provision of the Services.
12.5 When managing Council contracts or contractors employed by the Council CBH 16.5 The Organisation shall at all times comply with the Council's ’s Standing Orders and Financial Regulations as the same may from time to time be amended, varied or replaced.
12.6 16.6 If CBH the Organisation is unable or fails to provide the Services or any part thereof in accordance with the requirements of clause 12.1Clause 16.1, the Council may take steps itself provide or may employ and pay other persons to provide the Services or any part thereof and all cos ts incurred thereby shall (if and to the extent the Council so determines) be reflected in a variation to the then Delivery Plan. The Council’s rights under Clauses 58 and 59this Clause 16.6 shall be without prejudice to any other rights or remedies which it may possess.
12.7 CBH 16.7 The Organisation shall as may be necessary or desirable co-operate, liaise with, and co-ordinate its activities with those of any other companies or any company or sub-sub- contractor employed directly or indirectly by the Council and shall provide the Services in harmony with and at no detriment to any other services provided by or on behalf of or to the Council. In particular (but without limitation) CBH the Organisation shall take all practicable steps to ensure that at the expiry or earlier termination of this Agreement any subsequent company or the Council's ’s own employees can immediately provide services to the Council on the same basis and to the same standard as set out herein.
12.8 CBH 16.8 The Organisation shall provide each year to the Council's ’s Representative a copy of its audited accounts within six months of the relevant accounting reference date. In the event that CBH the Organisation fails to provide accounts in accordance with this clause 12.8 Clause 16.8 then, without prejudice to any other rights or remedies available to the Council, the Council's ’s Representative or such persons as may from time to time be nominated by the Council's ’s Representative shall be given access to all and any accounting documents and information in the possession, custody or control of CBHthe Organisation.
12.9 CBH 16.9 The Organisation shall maintain such quality management systems and procedures as are appropriate to enable CBH the Organisation to ensure that the Services are always provided to the Contract Standard and CBH the Organisation shall afford the Council full access to such systems and procedures for audit or other purposes. In the event that the Organisation fails to comply with this Clause the Council shall be entitled to:-
16.9.1 establish its own quality management systems and procedures, and
16.9.2 require the Organisation to use the same.
12.10 CBH 16.10 The Organisation from its own resources shall join and co-operate with the Council in such tenant consultation and liaison as the Council may reasonably require from time to time.
12.11 16.11 In addition to the agreed procedures for office opening and availability of staff set out in the Business PlansDelivery Plan, CBH the Organisation will ensure that in the event of any emergency or significant unforeseen difficulty occurring with respect to the delivery of the Services appropriate CBH Organisation personnel will advise the Council's Representative as a matter of urgency and will continue to take responsibility for the situation until it is agreed by the Council's Representative that responsibility may be handed over to another agency or authority.
12.12 CBH 16.12 The Organisation shall not, whether itself, or by any director to be engaged in the provision of the Services, or by any person employed by it to provide the Services, solicit or accept any gratuity, tip or any other form of money or take any reward or make any unauthorised charge for any part of the Services.
12.13 CBH 16.13 The Organisation shall not permit its interests to interfere or conflict with its duty (which CBH the Organisation hereby acknowledges) to provide the Services in the utmost good faith.
Appears in 1 contract
Sources: Service Agreement
Providing the Services. 12.1 13.1 In consideration of the Management Fee, CBH Fee the Organisation shall at all times perform the Services to the satisfaction of the Council's Representative in accordance with and in compliance with the Contract Standard. The Contract Standard is the standard which shall require CBH the Organisation to perform the Services with all due skill, care and diligence and in accordance with and otherwise in compliance with:with:-
12.1.1 13.1.1 the Business Plans Plan and in particular (but without limitation) the key performance requirements of the Services set out therein;
12.1.2 any current performance indicators issued by the Government or regulatory body which are relevant to the performance of the Services or any part thereof;
12.1.3 13.1.2 any reasonable instructions issued to CBH the Organisation by the Council Representative pursuant to or in connection with the Agreement;
12.1.4 all legislation13.1.3 any conditions upon the approval given by the Secretary of State pursuant to Section 27 of the Housing ▇▇▇ ▇▇▇▇, to delegate those functions referred to in Clause 12;
12.1.5 13.1.4 in a manner which shall preserve, promote and enhance and shall not prejudice the reputation and interests of the Council;
12.1.6 13.1.5 in good and full co-operation with any other company or consultant engaged by the Council to carry out related or relevant works or services on behalf of the Council; and;
12.1.7 13.1.6 in a manner which has regard to the interests and welfare of tenants and/or residents and the management and maintenance of the Dwellings to a high standard; and
13.1.7 all legislation.
12.2 CBH 13.2 The Organisation shall inform the Council's Representative promptly of and confirm in writing if CBH the Organisation is unable or fails to provide the Services or any part thereof, or if CBH the Organisation is aware of anything of whatsoever nature (and whether or not the result of any act or omission on the part of the Council) Council which prevents or hinders or which may prevent or hinder CBH the Organisation from complying with the Agreement giving details of the circumstances, reasons and likely duration. The provision of information under this clause Clause shall not in any way release or excuse CBH the Organisation from any of its obligations under the Agreement.
12.3 13.3 Should CBH the Organisation require any further instruction or information which is necessary for or in connection with the provision of the Services, CBH the Organisation shall make a written application in adequate detail for the same to the Council's RepresentativeRepresentative and the Council shall respond within a reasonable period.
12.4 CBH 13.4 The Organisation shall at all times during the provision of the Services allow the Council's Representative and such persons as may from time to time be nominated by the Council's Representative access to:to:-
12.4.1 13.4.1 all offices and work places of CBH the Organisation for the purpose of monitoring and inspecting work being performed in order to provide the Services;
12.4.2 13.4.2 all offices and work places of CBH the Organisation for the purpose of inspecting any or all records and documents in the possession, custody or control of CBH the Organisation in connection with the provision of the Services;
12.4.3 13.4.3 any personnel or agents of CBH the Organisation for the purpose of interviewing such persons in connection with the provision of the Services;
12.4.4 13.4.4 for the purposes of complying with Clauses 13.4.1-13.4.3 all technology, resources, equipment, systems, systems and procedures used or proposed to be used in connection with the provision of the Services.
12.5 When managing Council contracts or contractors employed by the Council CBH 13.5 The Organisation shall at all times comply with the Council's maintain its own Standing Orders and Financial Regulations which should reflect best practice and provide a practical source of advice to assist officers in the discharge of their duties.
13.6 The Organisation shall ensure that the Council has at all times access to current versions of the Key Documents. The Organisation shall notify the Council’s Representative or such other officer of the Council as the same may from time to time be amended, varied notified to the Organisation for the purposes of this clause 13.6 only of any change to the Key Documents as soon as practicable and in any event no later than 14 days from later of the change taking effect or replacedthe documentation being available.
12.6 13.7 If CBH the Organisation is unable or fails to provide the Services or any part thereof in accordance with the requirements of clause 12.1Clause 13.1, the Council may take steps itself provide or may employ and pay other persons to provide the Services or any part thereof and all costs incurred thereby shall (if and to the extent the Council so determines) be reflected in a variation to the then Business Plan. The Council's rights under Clauses 58 and 59this Clause 13.7 shall be without prejudice to any other rights or remedies which it may possess.
12.7 CBH 13.8 The Organisation shall as may be necessary or desirable co-operate, liaise with, and co-co- ordinate its activities with those of any other companies or any company or sub-contractor subcontractor employed directly or indirectly by the Council and shall provide the Services in harmony with and at no detriment to any other services provided by or on behalf of or to the Council. In particular (but without limitation) CBH the Organisation shall take all practicable steps to ensure that at the expiry or earlier termination of this Agreement any subsequent company or the Council's own employees can immediately provide services to the Council on the same basis and to the same standard as set out herein.
12.8 CBH 13.9 The Organisation shall provide each year to the Council's Representative a copy of its audited accounts within six months of the relevant accounting reference date. In the event that CBH the Organisation fails to provide accounts in accordance with this clause 12.8 Clause 13.9 then, without prejudice to any other rights or remedies available to the Council, the Council's Representative or such persons as may from time to time be nominated by the Council's Representative shall be given access to all and any accounting documents and information in the possession, custody or control of CBHthe Organisation.
12.9 CBH 13.10 The Organisation shall throughout the Term maintain and implement such quality management assurance systems and procedures as are appropriate to enable CBH the Organisation to ensure that comply with its obligations under this Agreement and the Services are always provided to the Contract Standard and CBH Organisation shall afford the Council full access to such systems and procedures for audit or other purposes.
12.10 CBH 13.11 The Organisation from its own resources shall join and co-operate with the Council in such tenant consultation and liaison as the Council may reasonably require from time to time.
12.11 13.12 In addition to the agreed procedures for office opening and availability of staff set out in the Business PlansPlan, CBH the Organisation will ensure that in the event of any emergency or significant unforeseen difficulty occurring with respect to the delivery of the Services appropriate CBH Organisation personnel will advise the Council's Representative as a matter of urgency and will continue to take responsibility for the situation until it is agreed by the Council's Representative that responsibility may be handed over to another agency or authority.
12.12 CBH 13.13 The Organisation shall not, whether itself, or by any director to be engaged in the provision of the Services, or by any person employed by it to provide the Services, solicit or accept any gratuity, tip or any other form of money or take any reward or make any unauthorised charge for any part of the Services.
12.13 CBH 13.14 The Organisation shall not permit its interests to interfere or conflict with its duty (which CBH the Organisation hereby acknowledges) to provide the Services in the utmost good faith.
13.15 The Organisation shall notify the Council's Representative immediately upon becoming aware of a matter which the Organisation reasonably considers may be a conflict of interest for the Organisation in providing the Services.
13.16 Following receipt of such notification, the Council's Representative and the Organisation's Managing Director shall meet as soon as reasonably practicable to discuss the potential conflict of interest and use all reasonable endeavours to agree upon steps to be taken by the Organisation to eliminate the risk of such potential conflict of interest arising
13.17 The parties shall comply with the terms of the Development Delivery Arrangements set out in the Seventh Schedule.
Appears in 1 contract
Sources: Housing Management Agreement