Stage and Screen Tender - Bournemouth

TENDER FOR THE PROVISIONOF STAGE, SCREENS &TECHNICAL MANAGEMENTPIER APPROACH(FORMER IMAX SITE)SUMMER PROGRAMME19 th JULY – 18 th AUGUST2013

5.2.6. Detailed proposals on the technical managements and the relevantexperience of the undertaking of this5.2.7. All company health and safety information including riskassessments, public and employers liability insurance5.2.8. The name of two trading referees, one of which must be a localauthority.5.2.9. A Banker’s Reference. If the Council wishes to take up a Banker’sCustomer Reference, the Council will write to the Tendererrequesting it to obtain the Reference directly from its Bank, whowill then forward the reference to the Council. Any fee that theBank may charge for such a service will be at the expense of theTenderer.5.2.10. Potential suppliers may be asked to present all aspects of theirproposal. Consideration will be given to both the financial offer,presentation of equipment and company experience.5.2.11. Completed validation questionnaire5.3 All documents requiring a signature must be signed:5.3.1. Where the Tenderer is an individual, by that individual;5.3.2. Where the Tenderer is a partnership, by two duly authorisedpartners;5.3.3. Where the Tenderer is a company, by two directors (at least oneof whom should be an executive director) or by a director and thesecretary of the company, such persons being duly authorised forthe purpose.6. DELIVERY OF TENDER6.1 The form of tender and accompanying documents, all duly completed, mustbe delivered to Democratic Services, Town Hall, Room 30, Bournemouth,Dorset, BH2 6DY with the tender title on the address to arrive no later thanThursday 28 th March at 14:00 hours.6.2 No tender will be considered it if reaches the Council after the date andtime specified at 6.1 above.7. PERIOD OF VALIDITYTenders shall remain open for acceptance for a period of 28 days from theclosing date.5

8. EVALUATION AND ACCEPTANCE8.1 The Council is not bound to accept the lowest bid in terms of monetaryconsiderations to the Council or any Tender. Any acceptance shall be of theTender most advantageous to the Council according to returns to the Counciland the tenderers demonstrated ability to provide Stage, Screens &Technical Management for the ‘Summer Programme’ at Pier Approach(former Imax site).8.2 The Council shall not be under liability in respect of any expenses of lossthat may be suffered or incurred by a Tenderer in the preparation of itsTender.9. FORM OF AGREEMENT9.1 The successful Tenderer will be required to execute a contract in the formof a contract licence (see section 6).9.2 Until execution of the Licence, the successful Tender, together with theCouncil’s written acceptance thereof, will form a binding agreementbetween the Council and the successful Tenderer upon the terms andconditions of the said Specification and Agreement.10. CONFIDENTIALITY OF TENDER INFORMATION AND DOCUMENTS10.1 All information supplied by the Council or in connection with this invitationto tender shall be regarded as confidential to the Council.10.2 This invitation to tender and its accompanying documents and publicationsare and shall remain the property of the Council. They shall be treated asprivate and confidential for use only in connection with the tender and anyresulting Contract and must be returned upon demand.11. COLLUSIVE TENDERINGAny Tenderer who:11.1 fixes or adjusts the amount of the Tender by, or in accordance with anyagreement or arrangement with any other person; or11.2 communicates to any person other than the Council the amount orapproximate amount of the Proposed tender (except where such disclosureis made in confidence in order to obtain quotations necessary for thepreparation of the tender or insurance); or11.3 enters into agreement with any other person that he shall refrain fromtendering or as to the amount of any Tender to be submitted; or11.4 offers or agrees to pay or to give or does pay or gives, any sum of money,inducement, or valuable consideration, directly or indirectly to any person,for doing or having done or causing to have caused to be done in relation toany other Tender or proposed Tender, any act or omission; or6

11.5 in connection with the granting of the Licence, commits an offence underthe Prevention of Corruption Acts 1889 to 1916 or gives a fee or reward, thereceipt of which is an offence under Sub-Section (2) of Section 117 of theLocal Government Act 1972;shall be disqualified without prejudice to any civil remedies available to theCouncil and without prejudice to any criminal liability which such conduct bya Tenderer may attract.12. CANVASSINGAny Tenderer who directly or indirectly canvasses any member or officer ofthe Council concerning the granting of the Licence for the provision of stage,screens & technical management or who directly or indirectly obtains orattempts to obtain information from any such officer or member concerningany other tender or proposed tender for the stage, screens & technicalmanagement contract shall be disqualified.7

SECTION 2FORM OF TENDER8

TENDER FOR THE PROVISION OF THE PROVISION OF STAGE, SCREENS &TECHNICAL MANAGEMENT FOR THE ‘SUMMER PROGRAMME’ AT PIER APPROACH(FORMER IMAX SITE).To the Bournemouth Borough CouncilFORM OF TENDERHaving examined carefully the Contract Documents comprising the Conditions ofTender, the Specification, the Form of Licence, the Site Plan and all otherdocumentation issued by the Council on the Tender date, we hereby offer toprovide the Stage, Screens and Technical Management during the ‘SummerProgramme’ of events at Pier Approach on the former Imax site, Bournemouth fromFriday 19th July – Sunday 18th August 2013 strictly in conformity therewith.2013A total price of ……………………………………...... pounds sterling (£…….....……….) exclVAT for the providing the Stage, Screens and Technical Management during the‘Summer Programme’ of events at Pier Approach on the former Imax site,Bournemouth from Friday 19 th July – Sunday 18 th August, 2013 based on therequirements in the specification.Details of the films to be viewed are.................................................................................................................................................................................................................................................................................................................A total price of ……………………………………...... pounds sterling (£…….....……….) exclVAT for the following providing Entertainment acts (please include dates).......................................................................................................................................................................................................................................................................................................................................................................................................................9

Signature (1): .................................. Signature (2): ...........................Date (1): ........................................ Date (2): .................................In the capacity of ............................. in the capacity of .......................Duly authorise to sign Tenders for and on behalf of: -Name of the Tenderer of Firm or Company: ................................................Postal Address: ......................................................................................................................... Tel No: ...................... Fax No: .................10

SECTION 3EVENT INFORMATION11

EVENT INFORMATIONThe new Pier Approach space (former Imax Site) will open on Saturday 29 thJune, 2013 with a launch event (not included in this tender).A programme of music, arts and culture will then follow throughout thesummer offering a wide variety of predominately free entertainment for thepublic.Within the programme a period of time (19 th July – 18 th August, 2013) will beallocated to a stage with 3 screens giving a daily entertainment programmeas detailed in this tender.Part of the programme of entertainment will include a ‘U’ rates family filmeach week which is included in this tender.The screens will offer content throughout the day outside of theperformance times. The key performance times depending on acts will be between 14:00 & 20:0hours each day.Entertainment on stage will be a mix of dance, arts, tribute acts, films,children’s entertainment and brass bands. All acts will be low level andregional. They will not include chart acts or acts likely to attract a higherlevel than the capacity of the site (approx 1,500 people).12

SECTION 4SPECIFICATION13

TENDER FOR THE PROVISION OF STAGE, SCREENS &TECHNICAL MANAGEMENT FOR THE ‘SUMMER PROGRAMME’AT PIER APPROACH (FORMER IMAX SITE)19TH JULY – 18TH AUGUST 2013SPECIFICATIONThe Supplier is responsible for all aspects of the supply, installation andmanagement of a 12 x 12 metre stage floor with room within the new PierApproach events space (see map in appendix 1) to be operational from 09:00hours on Friday 19 th July until 23:00 hours on Sunday 18 th August, 2013.The stage must have PA wings as part of the structure. In order to fit withinthe space required, these need to either be hung 2 metres off ground levelor situated in front of the stage. The stage should allow for branding on theroof and wings should sponsors be sort.The Supplier is responsible for supplying all stage black cloths for both theback of stage and sides and for the installation of this.The stage must have rear access steps for access from backstage marquee(marquee being procured separately). Front access steps are also required.The stage must have an equipment load ramp to the rear of the stage.Vehicles will enter the site from the front of the stage and will unload to theside of the stage up onto this ramp.The Supplier must supply and erect all aspects of the above specificationand supply a health and safety sign off sheet to the Council on completion ofset up.A 4 x 4 metre front of house structure which includes a watertight roof,cable ramp to stage and front of house desk is optional and the tendershould specify if this is included. This would be placed towards the side ofthe event space in order to minimise viewing impact. The location will beagreed at a site visit with the Supplier.The Supplier is responsible for supplying a pit barrier around the front andsides of the stage allowing for 20 metres of pit. The barrier needs to begrilled to allow sound from the subs to get through without distortion.14

The Supplier must supply sufficient sound for the stage including installationand technical management of it throughout. The sound system is to be a20k system with medium throw with 4 infill speakers across the front of thestage. The Sound system should also include 8 on stage monitors, 30channels of audio, a monitor desk, multi cores, stands, cabling and anoutboard.The technical management of the sound should include a front of housesound engineer and monitor engineer.The Supplier is responsible for ensuring that each act’s technicalrequirements are met. The technical specifications for each act will begiven to the Supplier a minimum of two weeks prior to the event start date.The Supplier should advise any specific formats required within their tenderdetails.The Supplier must ensure there is a technician onsite 30 minutes before thestart time each day until the end of the last performance.The Supplier will be required to provide and maintain lighting for the stage.This is to include 16 x 200 watt actual LED lighting fixtures, 12 moving lightfixtures, an Avo lites lighting desk, 20 led batons, 6 x four-way blinders,Hazer and back stage lighting.In addition to the above, the Supplier is responsible for providing 1 x backdrop screen on stage this being 8 metres wide x 4 metres high and 2 screensto the left and right of the stage up to the wall each measuring 5 metreswide x 3 metres high. The minimum requirement will be Lighthouse R10panels. All the screens should be LED screens and the back drop screen willneed to be light weight with high Brightness.All screens are to be operational from 09:00 hours on Friday 19 th July until23:00 hours on Sunday 18 th August, 2013.The Supplier is responsible for full screen support, processing and structureand for an operator of this. Equipment should include media service tocontrol the back screen, full video production suite to include full HD SDIvideo mixing for a minimum of 8 channels, broadcast monitors, video d a,graphics computer and 2nd media server, 2 x full HD remote head cameras,2 x Sony HD broadcast cameras (with wireless capabilities) and 2 x cameraplatforms.The Supplier is required to provide five film nights as part of theentertainment programme. These must be ‘U’ rated films and the supplieris responsible for gaining the relevant permissions and licences. The namesof the films and costs should be included within the tender. The supplier is15

ask to look at a variety of themes/genres that may interest differentaudiences.The Council is currently procuring entertainment for the stage programme toinclude regional popular entertainment acts, children’s entertainment,dance and arts. The Council would ask the Tenderer to supply any of theseat an additional cost and to detail offers within the Tender submission.Set up is from 06:00 hours on Tuesday 16 th July, 2013. All equipment must beset up and ready to use with a contractors sign off by 09:00 hours on Friday19 th July.Breakdown is from 22:00 hours on Sunday 18 th August, 2013. All equipmentmust be off site by 22:00 hours on Tuesday 20 th August, 2013.All vehicle access will be through the main Pier Approach area. Due to thehigh number of pedestrians through the summer season vehicle access willbe from 06:00 – 10:00 hours and from 18:00 – 22:00 hours on each set up andbreakdown day.The Supplier is responsible for the siting and removal of all associatedinfrastructure to the direction of the Council event stage. A site visit andsubsequent site plan will be agreed with the Supplier a minimum of 28 daysprior to the event start.The Council will provide 2 x static SIA security throughout the set up,operation and breakdown. Extra security can be organised at an additionalcost to the Supplier through the official event security company. Camping / overnight stays are not permitted on site.The organisers of the event shall not be held liable or responsible for anyinjury to the Supplier or their employees, agents, guests or visitors whilewithin the confines of the space allocated to the Supplier. Nor shall theorganiser be liable for any loss or damage to any goods from any causewhatsoever while the same are in transit to or from the event or while theyare on the event site.The Supplier will provide confirmation of third party public liability andemployer’s liability insurance to a value of £10 million, appropriateprocedure manuals, risk assessments and other health and safetydocumentation as appropriate, to Bournemouth Borough Council.Noise disruption will be kept to a minimum and levels to the satisfaction ofthe Environmental Health Officers.The stage, screens and associated infrastructure must conform to all UKhealth & safety, licensing, fire and other statutory requirements to thesatisfaction of relevant Bournemouth Borough Council Officers.16

The Supplier is responsible for all equipment brought onto site and forensuring all insurances are obtained and contractual obligations are met.The Event Site does have electrical points throughout the site. The Tenderedmust detail all power requirements as part of their tender.All cables must be suitably ramped or safely attached at height.The Supplier is responsible for all staff conduct, public handling of exhibits,consequential and injury loss.17

SECTION 5COLLUSIVE TENDER CERTIFICATE18

COLLUSIVE TENDERING CERTIFICATEIn recognition of the principle that the essence of selective tendering is that theCouncil shall receive bona fide competitive tenders from all those tendering I/WECERTIFY THAT:-1. The tenders submitted herewith are bona fide tenders intended to becompetitive.2. I/We have not fixed or adjusted the amount of the tenders under or inaccordance with any agreement or arrangement with any other person.3. I/We have not done and I/We undertake that I/We will not do at any timebefore the hour specified for the return of the tenders any of the followingacts(a)(b)(c)communicating to a person other than the person calling for thesetenders the amount or approximate amount of the proposed tenders(except where the disclosure, in confidence, of the approximateamount of the tenders was essential to obtain insurance premiumquotation and a financial reference required for the preparation ofthe tenders);Entering into any agreement with any other person that he shallrefrain from tendering or as to the amount of any tenders to besubmitted.offering or paying or giving or agreeing to give any sum of money orvaluable consideration directly or indirectly to any person for doing orhaving done or causing or having caused to be done in relation to anyother tenders or proposed tenders any act or thing of the sortdescribed above.In this certificate:-1. “Person” includes any person and any body or association corporate orincorporate.2. “any agreement or arrangement” includes any transaction of the sortdescribed above, formal or informal and whether legally binding or not.Signature (1): ……………………………………… Signature (2): …………………………………………….Date (1): ……………………………………………… Date (2): ……………………………………………………in the capacity of …………………………………..in the capacity of …………………………………….duly authorised to sign Tenders for and on behalf of:-19

Name of the Tenderer or Firm or Company: ………………………………………………………………SECTION 6FORM OF LICENCE20

DATED 2013BOURNEMOUTH BOROUGH COUNCIL- and -‘The Supplier’CONTRACTFOR THE PROVISION OF STAGE, SCREENS AND TECHNICAL MANAGEMENTRelating to the ‘Summer Programme’ for Pier Approach (former Imax site)Tanya CoulterLegal Services ManagerBournemouth Borough CouncilTown HallBournemouthBH2 6DY21

CONTRACT FORMTHIS CONTRACT is made the day of 2013BETWEEN:(1) BOURNEMOUTH BOROUGH COUNCIL of the Town Hall, Bourne Avenue,Bournemouth, Dorset, BH2 6DY (the “Council”); and(2) (the “Supplier”), Registered Company number …………….WHEREAS:(A)(B)The Council wishes to appoint the Supplier to provide the Stage and Screensduring the ‘Summer Programme’ of events at Pier Approach on the formerImax site, Bournemouth from Friday 19th July – Sunday 18 th August 2013 withthis Contract.The Supplier agrees to provide the Services to the Council in accordancewith this Contract.IT IS AGREED that this Contract comprises this Contract Form and the followingdocuments attached to it:The ParticularsThe Conditions of ContractSchedulesSchedule 1Schedule 2SpecificationFinance ScheduleIn the event and to the extent of any conflict or inconsistency between theParticulars, the Conditions of Contract, the Schedules and the Annexes, thefollowing order of priority between them shall apply to the extent that it isnecessary to resolve the conflict or inconsistency:the Particulars incorporating any special terms shall prevail over theConditions of Contract, the Schedules and the Annexes;the Conditions of Contract shall prevail over the Schedules and the Annexes;andthe Schedules shall prevail over the Annexes.22

AS WITNESS the hands of the parties hereto have been set the day and year firstbefore written.For and on behalf of the Council:SIGNED bySignature1.1. POSITIONFor and on behalf of the Supplier:SIGNED by )Signature )Position )(and duly authorised signatory)For and on behalf of the Supplier:SIGNED by )Signature )Position )(and duly authorised signatory)23

PARTICULARS1. Commencement Date is 20132. Contract Period is from the Commencement date until the 21 st August 20133. Contract Price is the price set out in the Finance Schedule4. Council’s Representative is Helen Wildman, Events Manager, BournemouthTourism5. Option to Extend - There is no option to extend.6. The Review Dates for the purposes of Finance Schedules are not applicable7. Supplier’s Representative is ……………8. Insurance Requirements include the following:Type of Insurance Required (Yes/No) Level (£) (minimum)Public Liability Insurance(Condition 8.1.1)Employers Liability insurance(Condition 8.1.2)YesYes£10 million£10 million9. Break Clause (Condition 15) does apply.10. Disputes and Arbitration (Condition 25) the names and/or job titles ofpersons to whom disputes should be referred under Condition 25.1 are:For the Council:Jon Weaver, Marketing & Events ManagerFor the Supplier:24

CONDITIONS OF CONTRACTINDEXConditionHeading1 Definitions and Construction2 Appointment of Supplier/Provision of Services3 Payment4 Monitoring & Review5 Changes to Services and Variation to Contract6 Confidentiality7 Copyright and Intellectual Property Rights8 Insurance9 Indemnity10 Relationship of Supplier and Council/Status of Supplier11 Statutory Obligations12 Data Protection13 Equal Opportunities14 Assignment and Sub-Contracting15 Break16 Termination for Breach/Insolvency/Change ofControl/Corruption17 Effect of Expiry or Termination18 Conflict of Interest19 Publicity and Advertising20 Service of Notices21 Force Majeure22 Severance23 The Contracts (Rights of Third Parties) Act 199924 Waiver25 Disputes and Arbitration26 Applicable Law and Jurisdiction25

CONDITIONS OF CONTRACT1. Definitions and Construction1.1 In these conditions except where the context otherwise requires thefollowing expressions shall have the meanings hereby ascribed to them:“Conditions” means these conditions;“Council’s Representative” means the Director of Business Unit of theCouncil specified in the Particulars and any such other person as may beappointed by him and notified in writing to the Supplier to act generally orfor specified purposes or periods;“Contract” means the contract entered into between the Council and theSupplier consisting of the Contract Form, the Particulars, the Conditions andthe Schedules and Annexes to them (if any);“Supplier” means the Company offering the service.“Supplier’s Representative” means the representative of the Supplierauthorised and notified in writing to the Council to act on behalf of theSupplier for the purposes of the Contract;“Default” means any breach of the obligations of the Supplier under theContract or any default, act, omission or negligence of the Supplier or Staffin connection with or in relation to the subject matter of the Contract;“Enactments” means directives, statutes, regulations, orders, instruments,national and governmental codes of practice and best practice guidelines orother similar instruments as the same may be amended, replaced, or reenactedby any subsequent directive, statute, regulation, order, instrument,code or guidelines and references to any statute shall also include anysecondary legislation made under it;“Event” means the ‘Summer Programme’ Pier Approach (former IMAX site)19 th July to 18 th August 2013.“Finance Schedule” means the Finance Schedule set out in Schedule 2.“Intellectual Property Rights” means patents, inventions, trade marks,service marks, logos, design rights (whether registrable or otherwise),applications for any of the foregoing, copyright, semi-conductor topographyrights, database rights, domain names, trade or business names, moral rightsand other similar rights or obligations whether registrable or not in anycountry (including the United Kingdom) and the right to sue for passing off;‘The Organiser’ refers to Bournemouth Borough Council or their authorisedrepresentative.“Services” means the services to be provided as specified in thespecification set out in Schedule 1;26

“Staff” means all persons engaged by the Supplier to perform the Contractor used in the performance of the Contract including the Supplier’semployees, agents and sub-contractors;1.2 The definitions given in the Particulars apply.1.3 Words denoting an obligation on a party to do any act, matter or thinginclude an obligation to procure that it is done and words placing a partyunder a restriction include an obligation not to cause permit or allowinfringement of this restriction.1.4 The headings and titles in this Contract are for ease of reference only andshall not be taken into account in its construction or interpretation.1.5 The expression “person” used in this Contract shall include (withoutlimitation) any individual, partnership, local authority, or incorporated orunincorporated body.1.6 The expression “including” means including without limitation or prejudiceto the generality of any preceding description, defining term, phrase orword(s) and “include” shall be construed accordingly;1.7 Words importing the masculine gender include the feminine gender andwords in the singular include the plural and vice versa.1.8 The Contract represents the entire understanding between the Supplier andthe Council in relation to the subject matter of the Contract and supersedesall prior contracts, undertakings, representations and negotiations whetheroral or written except that nothing this condition shall exclude or restrictliability for fraudulent or fundamental misrepresentations.2. Appointment of Supplier/Provision of Services2.1 The Supplier will provide the Services for the Contract Period and willotherwise perform its obligations under the Contract in accordance with theConditions.2.2 The Supplier will provide the Services and perform its obligations under theContract in a proper, skilful and professional manner in accordance with allrelevant professional and technical standards and the service standardsspecified in the Schedules.27

3. Payment3.1 In consideration of the performance of the Supplier’s obligations under theContract, the Council shall pay the Contract Price as set out in Schedule 2“the Finance Schedule”.3.2 In addition to the Contract Price, the Council shall pay to the Supplier anyVAT chargeable on the Contract Price subject to the provision to the Councilof a proper VAT invoice.3.3 Unless otherwise agreed in the Finance Schedule payment will be madewithin 28 days of receipt and agreement of an invoice and invoices are to besubmitted monthly in arrears for Services provided.3.4 Each invoice shall be submitted to the address of the Council specified in theFinance Schedule (or if none is specified to the address set out in theContract Form) and shall contain a detailed breakdown of Services suppliedand shall be supported by any information required by the CouncilRepresentative to substantiate such invoice.3.5 Without prejudice to any other right or remedy of the Council, the Councilmay reduce payment in respect of any Services which the Supplier has failedto provide or has provided inadequately.4. Monitoring/Review4.1 The Supplier shall maintain comprehensive and accurate records of workcarried out in the provision of the Services and shall provide the Council withaccess to such records upon request.4.2 The Supplier shall provide and supply to the Council at no cost to the Councilsuch other information or access to such information as the Council mayreasonably request as to the provision of the Services and the performanceof the Supplier’s obligations under the Contract and render the Council allreasonable assistance in connection with their monitoring and review.5. Changes to Services and Variation to Contract5.1 The Council may at any time give reasonable written notice requestingchanges to the Services for any reason.5.2 No change to the Services or the Contract Price shall have effect unlessagreed between the parties and recorded in writing and signed on behalf ofthe Council and the Supplier.28

6. ConfidentialityThe Supplier shall not, and shall ensure that Staff shall not use, or discloseany confidential material provided by the Council pursuant to the Contractsave as may be agreed by the Council or required by law.7. Copyright & Intellectual Property Rights7.1 The Supplier warrants and represents that neither the performance of theContract nor the provision or use of the Services will in any way constitutean infringement or other violation of any Intellectual Property Rights of anythird party.7.2 Before utilising any material in relation to the performance of the Contractwhich is or may be subject to any third party Intellectual Property Rights,the Supplier shall procure the necessary licences to enable the Council touse such material at all times for the Council’s purposes at no cost to theCouncil.7.3 All Intellectual Property Rights in any specifications, instructions, plans,drawings, patents, patterns, models, designs, reports or other material:7.3.1 furnished to or made available to the Supplier by the Council shallremain the property of the Council;7.3.2 prepared by or for the Supplier for use, or intended for use, inrelation to the performance of the Contract shall belong to theCouncil and the Supplier shall not, and shall procure that Employeesshall not (except when necessary for the implementation of theContract) without prior approval of the Council, use or disclose anysuch Intellectual Property Rights. The Supplier shall, at its cost andexpense, do all such further acts and things and execute or procurethe execution of all such documents as the Council may reasonablyrequire, for the purpose of transferring any such Intellectual PropertyRights to the Council.8. Insurance8.1 Without prejudice to the Supplier’s liability detailed in Condition 9 below,the Supplier shall effect and maintain appropriate insurance policies with areputable insurer in such sum as is deemed prudent in all circumstances bythe Supplier (but in any event with the minimum limits of indemnityspecified in 8.2 below) and provide evidence that such cover is maintainedas and when required by the Council.8.2 Public Liability - £5 million each and every incident;Employers Liability – £10 million each and every incident.8.3 The Supplier shall supply to the Council’s Representative within 14 days ofrequest a copy of all insurance policies, cover notes, premium receipts orsuch other documents as may satisfy the Council that such insurance is inplace.29

8.4 The Supplier shall immediately notify the Council if any claim or demand ismade or action brought against the Supplier for infringement or allegedinfringement of any Intellectual Property Rights in connection with theperformance of the Contract.9. IndemnityThe Supplier shall indemnify and keep indemnified the Council from andagainst any and all claims, demands, proceedings, actions, damages, costs,expenses, loss and liability arising from a Default, save to the extent that itarises from any default or negligence of the Council, its employees orauthorised agents/representatives provided always, for the avoidance ofdoubt, that this does not extend to any loss of profits suffered by theCouncil.10.1 No Agency/Employment/PartnershipNothing in this Contract shall be construed as creating a legal partnership ora relationship of principal and agent between the Council and the Supplierand the Supplier shall not at any time or in any circumstances take anyaction so as to bind (or purport to bind) the Council and nor shall theSupplier hold itself out as having authority to bind the Council and shallensure that Staff do not hold themselves out likewise.11. Statutory Obligations11.1 The Supplier shall, in the provision of the Services and the performance ofits obligations under the Contract, comply with all Enactments.12. Data Protection12.1 The Supplier shall in connection with the provision of the Services and theperformance of its obligations under the Contract comply with the DataProtection Act 1998.12.2 The Supplier shall co-operate with the Council and supply to it allinformation properly required in connection with any request received bythe Council under the Freedom of Information Act 2000 or the EnvironmentalInformation Regulations 2004 and shall supply all such information anddocumentation at no cost to the Council within 7 days of a request from theCouncil.12.3 The Supplier acknowledges that in responding to requests received by theCouncil under the Freedom of Information Act 2000 or the EnvironmentalInformation Regulations 2004, the Council will be entitled to provideinformation relating to the Contract.13. Equal Opportunities13.1 The Supplier shall not in relation to the employment of persons for thepurposes of providing the Services or in relation to the provision of theServices to any person unlawfully discriminate within the meaning of any30

Enactment relating to discrimination whether in relation to race, gender,religion, disability or otherwise.13.2 The Supplier shall have due regard to the need to eliminate unlawful racialdiscrimination to promote equality of opportunity and to promote goodrelations between different racial groups and shall where reasonablyrequested by the Council assess and monitor its policies and practices so asto impact on the promotion of race equality, and report on this to theCouncil.13.3 The Supplier shall in the provision of the Services comply with the dutiesimposed by the Disability Discrimination Act 1995 and the requirement notto discriminate against disabled persons contained in that Act as if it were apublic authority for the purposes of that Act.14. Assignment and Sub-Contracting/Substitution14.1 The Supplier shall not assign the benefit or advantage of the Contract inwhole or in part.14.2 The Supplier shall not sub-contract the provision of the Services to anyperson without the prior written consent of the Council’s Representative andshould such consent be given it shall not relieve the Supplier from anyliability or obligation under the Contract and the Supplier shall beresponsible for the acts, omissions, defaults or neglect of any sub-contractorand its agents or employees in all respects as if they were the acts,omissions, defaults or neglect of the Supplier.15. BreakThe Council shall have the right to terminate the Contract in whole or inpart at any time by giving not less than 28 days written notice to theSupplier unless otherwise specified in the Particulars.16. Termination – Corruption, Insolvency, Change of Control, False Information,Suspension16.1 The Council may terminate the Contract by notice in writing such notice tohave effect from the date specified in it and recover from the Supplier theamount of any loss resulting from such termination if:16.1.1 the Supplier shall have offered or given or agreed to give to anyperson any gift or consideration of any kind as an inducement orreward for doing or forbearing to do or for having done or forborne todo any act in relation to the obtaining or execution of the Contract orany other contract with the Council or for showing or forbearing toshow favour or disfavour to any person in relation to the Contract orany other contract with the Council or the like acts shall have beendone by any person employed by it or acting on its behalf (whetherwith or without the knowledge of the Supplier); or16.1.2 in relation to any contract with the Council, the Supplier or anyperson employed by it or acting on its behalf shall have committed31

16.2 If the Supplier:any offence under the Prevention of Corruption Acts 1889 and 1916 orshall have given any fee or reward the receipt of which is an offenceunder the Prevention of Corruption Acts 1889 and 1916 or shall havegiven any fee or reward the receipt of which is an offence underSection 117(2) of the Local Government Act 1972.16.2.1 commits a Default and the Supplier has not remedied the Default tothe satisfaction of the Council within 20 days or such other periodwhich may be specified by the Council after issue of a written noticespecifying the Default and requesting it to be remedied; or16.2.2 commits a material Default which is not capable of remedy; or16.2.3 commits a Default on a persistent or repeated basis; or16.2.4 is an individual or a firm and a petition is presented for the Supplier’sbankruptcy or a criminal bankruptcy order is made against theSupplier or any partner in the firm, or the Supplier or any partner inthe firm makes any composition or arrangement with or for thebenefit of creditors, or makes any conveyance or assignment for thebenefit of creditors, or an administrator is appointed to manage theSupplier’s affairs; or16.2.5 is a company, and the company passes a resolution for its winding upor dissolution (otherwise than for the purposes of and followed by anamalgamation or reconstruction) or an application is made for, or anymeeting of its directors or members resolves to make an applicationfor an administration order in relation the company or any persongives or files notice of intention to appoint an administrator or suchan administrator is appointed, or the court makes a winding-up order,or the company makes a composition or arrangement with itscreditors, or an administrator, administrative receiver, receiver,manager or supervisor is appointed by a creditor or by the court, orpossession is taken of any of its property under the terms of a fixed orfloating charge; or16.2.6 is unable to pay its debts within the meaning of section 123 of theInsolvency Act 1986; or16.2.7 ceases to carry on its business or disposes of all its assets or ceases tocarry on a substantial part of its business or disposes of a substantialpart of its assets which in the reasonable opinion of the Council wouldmaterially affect the delivery of the Services; or16.2.8 undergoes a change of control and for this purpose where the Supplieris a company, there is a change of control if the majority of sharescarrying a right to vote in the Supplier or its holding company areacquired by a person who is not at the date of the Contract a majorshareholder (“holding company” having the same meaning as insection 736 of the Companies Act 1985) save that if there is a changeof control which is only a change from one subsidiary company to32

another (“subsidiary company” having the same meaning as in section736 of the Companies Act 1985) then that shall be deemed not to be achange of control for the purposes of this Condition,then in any such circumstances the Council may, without prejudice to anyother rights or remedies of the Council terminate the Contract by notice inwriting, such notice to have effect from the date specified in it.16.3 Where the Contract is terminated under this Condition 16:16.3.1 the Council shall be entitled to recover from the Supplier the amountof any loss resulting from the termination including, but not limitedto, the cost of arranging alternative provision of the Services and anyadditional expenditure incurred by the Council throughout theremainder of the Contract Period (calculated on the basis that therehad been no early termination of the Contract); and16.3.2 the Council shall cease to be under any obligation to make anypayment until the costs, loss and/or damage resulting from or arisingout of the termination of the Contract have been calculated and theCouncil shall then be entitled to deduct from any sum or sums duefrom the Council to the Supplier under the Contract the amount ofsuch costs, loss and/or damage.16.4 The Council shall be entitled to carry out itself, or engage a third party tocarry out, the Services or any of them on a temporary basis where theSupplier is in Default and the Supplier shall be liable for any costs incurredby the Council in this regard.16.5 The rights of the Council under this Condition 16 are in addition to andwithout prejudice to any other rights or remedies which the Council mayhave whether against the Supplier or any other person.17. Recovery on End of Contract17.1 The expiry or termination of this Contract for whatever reason shall notaffect any provisions of the Conditions capable of surviving or operating inthe event of termination of the Contract and termination of this Contractshall be without prejudice to the rights and remedies of one party againstthe other party.17.2 On expiry or termination of the Contract howsoever arising, the Suppliershall forthwith deliver to the Council upon request:17.2.1 all or any records of the Council and any records, documentation,drawings, data or other information produced or received for thepurposes of the Contract and stored on whatever medium;17.2.2 all the property issued or made available to the Supplier by theCouncil (including, but not limited to, materials, clothing, equipment,vehicles, documents, information, access keys) in its possession or33

18. Conflict of Interestunder its control or in the possession or under the control of anyStaff.18.1 The Supplier shall use its best endeavours to avoid being engaged in anyactivity where there is, or is likely to be, an actual or reasonably perceivableconflict with the interests, aims or objectives of the Council further to thisContract.18.2 The Supplier shall as soon as practicably possible disclose to the Council anysuch potential conflict and shall comply with any reasonable measuresrequired by the Council to mitigate such conflict.18.3 The Council agrees that this shall not restrict the Supplier from beinginvolved in other activities and holding other interests.19. Publicity and AdvertisingThe Supplier shall respond to press enquiries relating to the Services andshall refer all enquiries to the Council Representative.20. Service of Notices20.1 Any demand, notice or other communication required to be given hereundershall be sufficiently served if served personally on the addressee or if sent byprepaid first class recorded delivery post or facsimile transmission to theregistered office or last known address of the Supplier:where notice is required to the Supplier;and to Bournemouth Borough Council:Helen WildmanEvents ManagerVIB, Westover RoadBournemouthBH1 2BUTel: 01202 451702helen.wildman@bournemouth.gov.ukwhere notice is required to the Council unless otherwise agreed.20.2 Any such communication as referred to in Condition 20.1 shall be deemed tohave been made two Working Days from the date of posting (if by letter) andif by facsimile transmission on the date of such transmission where it is aWorking Day save that transmissions received after 4 p.m. shall be deemedto have arrived on the following Working Day and transmissions received on aday which is not a Working Day on the first Working Day after thetransmission.21. Force Majeure34

Neither the Supplier nor the Council shall be liable for breach of itsobligations under the Contract to the extent that such breach is caused byany act of God, natural flood, fire (save where such fire is due to thenegligence or fault of the Supplier or the Council), lightning or earthquake,war, military operations, act of terrorism or riot, but nonetheless each partyshall use all reasonable endeavours to perform its obligations under theContract.22. SeveranceIf any of these Conditions shall become or shall be declared by a court ofcompetent jurisdiction to be invalid or unenforceable, such invalidity orunenforceability shall in no way impair or affect any other provisions all ofwhich shall remain in full force and effect.23. The Contracts (Rights of Third Parties) Act 1999The Contracts (Rights of Third Parties) Act 1999 shall not apply to theContract, but this does not affect any rights which are available apart fromthis Act.24. Waiver24.1 The failure of the Council or the Supplier to exercise any right or remedyshall not constitute a waiver of that right or remedy.24.2 No waiver shall be effective unless it is communicated to either the Councilor the Supplier in writing.24.3 A waiver of any right or remedy arising from a breach of Contract shall notconstitute a waiver of any right or remedy arising from any other breach ofthe Contract.25. Disputes and Arbitration25.1 A dispute relating to the provision of the Services, the Contract Price, orpayments which cannot be resolved in the first instance between theSupplier’s Representative and the Council’s Representative within a monthshall be referred to the persons specified in the Particulars.25.2 Nothing in this Condition shall prejudice the right of either party to apply tothe court for interim relief to prevent the violation by the other party of anyproprietary interest or any breach of that party’s obligations.25.3 Services to be provided under the Contract shall not cease or be delayed bythis dispute resolution procedure.25.4 If any dispute cannot be resolved between the Supplier and the Councilwithin a month of referral as set out in Condition 25.1 then at the instanceof the Supplier or the Council it will be referred to mediation in accordancewith the Centre for Effective Dispute Resolution’s (“CEDR”) Model MediationProcedure.35

25.5 To initiate the mediation, either party may give notice in writing to theother requesting mediation in accordance with this Condition. The initiatingparty shall send a copy of such request to CEDR.25.6 If there is any issue on the conduct of the mediation (including as to thenomination of the mediator) upon which the parties cannot agree within areasonable time, CEDR will, at the request of either party, decide the issue.25.7 If the dispute is not resolved within 90 days of the initiation of themediation, or if either party will not participate in the mediation eitherparty may commence proceedings.26. Applicable Law and JurisdictionThe Contract shall be governed by and interpreted in accordance withEnglish law and shall be subject to the jurisdiction of the courts of Englandand Wales.36

SCHEDULE 1SPECIFICATIONThe Supplier is responsible for all aspects of the supply, installation andmanagement of a 12 x 12 metre stage floor with room within the new PierApproach events space (see map in appendix 1) to be operational from 09:00hours on Friday 19 th July until 23:00 hours on Sunday 18 th August, 2013.The stage must have PA wings as part of the structure. In order to fit withinthe space required, these need to either be hung 2 metres off ground levelor situated in front of the stage. The stage should allow for branding on theroof and wings should sponsors be sort.The Supplier is responsible for supplying all stage black cloths for both theback of stage and sides and for the installation of this.The stage must have rear access steps for access from backstage marquee(marquee being procured separately). Front access steps are also required.The stage must have an equipment load ramp to the rear of the stage.Vehicles will enter the site from the front of the stage and will unload to theside of the stage up onto this ramp.The Supplier must supply and erect all aspects of the above specificationand supply a health and safety sign off sheet to the Council on completion ofset up.A 4 x 4 metre front of house structure which includes a watertight roof,cable ramp to stage and front of house desk is optional and the tendershould specify if this is included. This would be placed towards the side ofthe event space in order to minimise viewing impact. The location will beagreed at a site visit with the Supplier.The Supplier is responsible for supplying a pit barrier around the front andsides of the stage allowing for 20 metres of pit. The barrier needs to begrilled to allow sound from the subs to get through without distortion.The Supplier must supply sufficient sound for the stage including installationand technical management of it throughout. The sound system is to be a20k system with medium throw with 4 infill speakers across the front of thestage. The Sound system should also include 8 on stage monitors, 30channels of audio, a monitor desk, multi cores, stands, cabling and anoutboard.37

The technical management of the sound should include a front of housesound engineer and monitor engineer.The Supplier is responsible for ensuring that each act’s technicalrequirements are met. The technical specifications for each act will begiven to the Supplier a minimum of two weeks prior to the event start date.The Supplier should advise any specific formats required within their tenderdetails.The Supplier must ensure there is a technician onsite 30 minutes before thestart time each day until the end of the last performance.The Supplier will be required to provide and maintain lighting for the stage.This is to include 16 x 200 watt actual LED lighting fixtures, 12 moving lightfixtures, an Avo lites lighting desk, 20 led batons, 6 x four-way blinders,Hazer and back stage lighting.In addition to the above, the Supplier is responsible for providing 1 x backdrop screen on stage this being 8 metres wide x 4 metres high and 2 screensto the left and right of the stage up to the wall each measuring 5 metreswide x 3 metres high. The minimum requirement will be Lighthouse R10panels. All the screens should be LED screens and the back drop screen willneed to be light weight with high Brightness.All screens are to be operational from 09:00 hours on Friday 19 th July until23:00 hours on Sunday 18 th August, 2013.The Supplier is responsible for full screen support, processing and structureand for an operator of this. Equipment should include media service tocontrol the back screen, full video production suite to include full HD SDIvideo mixing for a minimum of 8 channels, broadcast monitors, video d a,graphics computer and 2 nd media server, 2 x full HD remote head cameras, 2x Sony HD broadcast cameras (with wireless capabilities) and 2 x cameraplatforms.The Supplier is required to provide five film nights as part of theentertainment programme. These must be ‘U’ rates films and the supplier isresponsible for gaining the relevant permissions and licences. The names ofthe films and costs should be included within the tender.The Council is currently procuring entertainment for the stage programme toinclude regional popular entertainment acts, children’s entertainment,dance and arts. The Council would ask the Tenderer to supply any of theseat an additional cost and to detail offers within the Tender submission.Set up is from 06:00 hours on Tuesday 16 th July, 2013. All equipment must beset up and ready to use with a contractors sign off by 09:00 hours on Friday19 th July.38

Breakdown is from 22:00 hours on Sunday 18 th August, 2013. All equipmentmust be off site by 22:00 hours on Tuesday 20 th August, 2013.All vehicle access will be through the main Pier Approach area. Due to thehigh number of pedestrians through the summer season vehicle access willbe from 06:00 – 10:00 hours and from 18:00 – 22:00 hours on each set up andbreakdown day.The Supplier is responsible for the siting and removal of all associatedinfrastructure to the direction of the Council event stage. A site visit andsubsequent site plan will be agreed with the Supplier a minimum of 28 daysprior to the event start.The Council will provide 2 x static SIA security throughout the set up,operation and breakdown. Extra security can be organised at an additionalcost to the Supplier through the official event security company. Camping / overnight stays are not permitted on site.The organisers of the event shall not be held liable or responsible for anyinjury to the Supplier or their employees, agents, guests or visitors whilewithin the confines of the space allocated to the Supplier. Nor shall theorganiser be liable for any loss or damage to any goods from any causewhatsoever while the same are in transit to or from the event or while theyare on the event site.The Supplier will provide confirmation of third party public liability andemployer’s liability insurance to a value of £10 million, appropriateprocedure manuals, risk assessments and other health and safetydocumentation as appropriate, to Bournemouth Borough Council.Noise disruption will be kept to a minimum and levels to the satisfaction ofthe Environmental Health Officers.The stage, screens and associated infrastructure must conform to all UKhealth & safety, licensing, fire and other statutory requirements to thesatisfaction of relevant Bournemouth Borough Council Officers.The Supplier is responsible for all equipment brought onto site and forensuring all insurances are obtained and contractual obligations are met.The Event Site does have electrical points throughout the site. The Tenderedmust detail all power requirements as part of their tender.All cables must be suitably ramped or safely attached at height.The Supplier is responsible for all staff conduct, public handling of exhibits,consequential and injury loss.39

SCHEDULE 2Finance ScheduleContract ValuePayment ScheduleBoth of the above will be paid on receipt of an invoice to the address below.Council Invoice addressPaymentsTown HallBourne AvenueBournemouthBH2 6DY40

Appendix AExample site visual41

Appendix BTender Scoring MatrixTendererServiceOfferedPresentationofEquipmentTradingHistoryEventExperienceTechnicalInformationSuppliedTenderpresentationEntertainment/ Film offerAddedValueAverageof AFinancialOfferTotalscorePrice2013A - 80% of final markB - 20%of finalmarkTotalscore0.000.000.001= Poor2= Quite Poor3=Acceptable4= Good5= Very goodEvaluation Date:

Appendix CValidation QuestionnaireInstructions to ApplicantsThe Tourism Department intends to contract its provision of a stage, screens andtechnical management for a summer programme from 19 th July – 25 th August 2013 inPier Approach (Former IMAX site).To enable the Tourism Department to assess your company's suitability to become aprospective contractor, it requires all the information outlined in this vendorquestionnaire.Failure to complete the form in full or to provide any of the documents requestedmay result in your application being rejected or you not being considered forinclusion. The questionnaire must be completed even if your company has previouslysubmitted an application form to this Council – cross-referencing is not sufficient.All responses and submissions provided by the applicant will form part of the contractshould the applicant subsequently be successful.The Tourism Department intends to issue tenders for the whole of the package only.Where insufficient space has been provided in this document, the applicant mayappend additional pages.Prospective tenderers should be aware that canvassing will lead to disqualification.Any information and/or documents submitted in response to this questionnairemust relate to the applicant only.The applicant is the organisation, which it is proposed will enter into a formalcontract with the Tourism Department if awarded the contract at the end ofthe competitive exercise.NOTE FOR EXOR-LISTED COMPANIES:For those companies registered with EXOR please state your registrationnumber as part of your proposal. EXOR-listed companies are exempted from theneed to provide a response to the following questions in this document:3.1, 3.2, 3.3, 11, and 12.Vendor Questionnaire1 APPLICANT DETAILS1.1 TRADING NAME AND ADDRESS:1.2 ADDRESS FOR CORRESPONDENCE RELATING TO THIS APPLICATION:Telephone number:Fax number:E-mail:1.3 DETAILS OF THE PERSON WHO COMPLETED THE FORM:Name:

Position:Telephone number:Fax number:E-mail:2 STATUS OF APPLICANT2.1 Is the applicant:(a) A sole trader? Yes/No(b) A partnership? Yes/No(c) A limited company? Yes/No(d) A public limited company? Yes/No(e) A local authority DSO? Yes/No(f)A charity?Trading as a company?OrNumber of trustees if not a company?Yes/NoYes/No(g) Other – please specify Yes/No2.2 Date of formation or registration:2.3 Registration number (if any) and registered address:2.4 Are you applying to be considered for inclusion on the selectedtender list under a different name?2.5 If yes, please list the name(s) of the other trading company (ies)Yes/No2.6 Please provide confirmation supported by any related evidence (a certificatesigned by company secretary will suffice) that none of the exclusionaryconditions in Regulation 23 of the Public Contracts Regulations 2006 applies(see below)“Reg 23 (1) and (4) of the above state:(1) Subject to paragraph (2), a contracting authority shall treat as ineligible and shall not select an economicoperator in accordance with these Regulations if the contracting authority has actual knowledge that theeconomic operator or its directors or any other person who has powers of representation, decision or control ofthe economic operator has been convicted of any of the following offences —(a) conspiracy within the meaning of section 1 of the Criminal Law Act 1977 where that conspiracy relatesto participation in a criminal organisation as defined in Article 2(1) of Council Joint Action 98/733/JHA;(b) corruption within the meaning of section 1 of the Public Bodies Corrupt Practices Act 1889 or section 1of the Prevention of Corruption Act 1906;(c) the offence of bribery;(d) fraud, where the offence relates to fraud affecting the financial interests of the European Communitiesas defined by Article 1 of the Convention relating to the protection of the financial interests of theEuropean Union, within the meaning of—(i) the offence of cheating the Revenue;(ii) the offence of conspiracy to defraud;(iii) fraud or theft within the meaning of the Theft Act 1968 and the Theft Act 1978;(iv) fraudulent trading within the meaning of section 458 of the Companies Act 1985;45

(v) defrauding the Customs within the meaning of the Customs and Excise Management Act 1979 andthe Value Added Tax Act 1994;(vi) an offence in connection with taxation in the European Community within the meaning of section71 of the Criminal Justice Act 1993; or(vii) destroying, defacing or concealing of documents or procuring the extension of a valuable securitywithin the meaning of section 20 of the Theft Act 1968;(e) money laundering within the meaning of the Money Laundering Regulations 2007; or(f) any other offence within the meaning of Article 45(1) of the Public Sector Directive as defined by thenational law of any relevant State.(4) A contracting authority may treat an economic operator as ineligible or decide not to select an economicoperator in accordance with these Regulations on one or more of the following grounds, namely that theeconomic operator—(a) being an individual is bankrupt or has had a receiving order or administration order or bankruptcyrestrictions order made against him or has made any composition or arrangement with or for the benefitof his creditors or has made any conveyance or assignment for the benefit of his creditors or appearsunable to pay, or to have no reasonable prospect of being able to pay, a debt within the meaning ofsection 268 of the Insolvency Act 1986, or article 242 of the Insolvency (Northern Ireland) Order 1989, orin Scotland has granted a trust deed for creditors or become otherwise apparently insolvent, or is thesubject of a petition presented for sequestration of his estate, or is the subject of any similar procedureunder the law of any other state;(b) being a partnership constituted under Scots law has granted a trust deed or become otherwiseapparently insolvent, or is the subject of a petition presented for sequestration of its estate;(c) being a company or any other entity within the meaning of section 255 of the Enterprise Act 2002 haspassed a resolution or is the subject of an order by the court for the company’s winding up otherwisethan for the purpose of bona fide reconstruction or amalgamation, or has had a receiver, manager oradministrator on behalf of a creditor appointed in respect of the company’s business or any part thereofor is the subject of the above procedures or is the subject of similar procedures under the law of anyother state;(d) has been convicted of a criminal offence relating to the conduct of his business or profession;(e) has committed an act of grave misconduct in the course of his business or profession;(f) has not fulfilled obligations relating to the payment of social security contributions under the law of anypart of the United Kingdom or of the relevant State in which the economic operator is established;(g) has not fulfilled obligations relating to the payment of taxes under the law of any part of the UnitedKingdom or of the relevant State in which the economic operator is established;(h) is guilty of serious misrepresentation in providing any information required of him under this regulation;(i) in relation to procedures for the award of a public services contract, is not licensed in the relevant Statein which he is established or is not a member of an organisation in that relevant State when the law ofthat relevant State prohibits the provision of the services to be provided under the contract by a personwho is not so licensed or who is not such a member; or(j) subject to paragraphs (7), (7A), (7B), (8), (8A), (8B) and (9), is not registered on the professional ortrade register of the relevant State specified in Schedule 6 in which he is established under conditionslaid down by that State.”3 FINANCIAL MATTERS3.1 The applicant shall attach audited accounts for the last three of itsfinancial years (or for the period of the applicant's incorporation ifa company or of the applicant's trading if a partnership or soletrader, if such period be less than three years). The accounts Yes/Nosubmitted must relate solely to the applicant. Provision ofcorporate or Group accounts is not acceptable, unless no accountsexist for the individual businesses in the group. Where this is thecase, the applicant must state as part of their response that noindividual company accounts are produced. Any corporate or Groupaccounts received without this confirmation will be treated as noncompliantwith the requirements of this Vendor Questionnaire.Accounts attached:3.2 Please provide details of the published figures for the three previousfinancial years for:Applicant’s Company Turnover £Turnover specific to this activity £46

3.3 The Council will require as part of the evaluation process a reference fromeach applicant's bankers as to the company's suitability to undertake a contractof this size and nature.Please complete the Status Enquiry Authority on the following page ensuringthat you have entered all the information. This must be signed by adirector of your company who has the authority to do so and whosesignature is acceptable to your bankers. Please do not send a photocopy.The duly completed form will be sent by the Council to your bankers to obtaina reference from them.Note: banks are unwilling to supply references without this authority.Failure to provide such an authorisation may mean that the Council will beunable to consider your application further.3.4 If the applicant is called upon to provide a bond, who will provide a surety(e.g. bank or insurance company)?Name:Address:47

CUSTOMER STATUS ENQUIRYCOMBINED ENQUIRY AND CONSENT FORM1. Details of Customers____________________________________________________________________________________________________________________________2. Value of Contract £______________________________________________________________CONSENTWe _____________________________________consent to our bank providing areference on us to Bournemouth Borough Council and debiting our bank accountwith the bank’s standard administration fee.BANK: Name _________________________________Address: ___________________________________________________________________________________________________Tel No: _________________________________Account No: _________________________________Sort Code: _________________________________Authorised by:___________________ Account SignatoryPosition: _________________________________Date Authorised:_______________________________48

4 DETAILS OF HOLDING/PARENT COMPANY4.1 Is the applicant a subsidiary of another company as defined by Yes/NoSection 736 (1) of the Companies Act 1985?4.2 If 'yes' give the following details in respect of the Holding Parent company:Name:Registered Office Address:Registration Number:Note: the Council may require the Holding Parent Company to enter into aDeed of Guarantee, where a contract is proposed with a subsidiary, toindemnify Bournemouth Borough Council against all losses, damages or costswhich may be incurred by Bournemouth Borough Council by reason of anydefault on the part of the applicant.5 BUSINESS STRUCTURE5.1 A brief description of the applicant's business structure is required. Applicantsmay wish to append a ‘family’ tree to illustrate the structure.5.2 Which part of your organisation would deliver this service?5.3 Why do you think this will deliver a high quality service?Continue on a separate sheet if insufficient space is available49

6 MANAGEMENT STRUCTURE6.1 A brief description of the applicant's management structure, relevant to theproposed activity, is required:6.2 Please give brief biographical details, including skills base and relevantexperience of staff and/or managers to be employed in performing thiscontract if awarded by Bournemouth Borough Council to the applicant:Continue on a separate sheet if insufficient space is available77.1RESOURCESEnter the number of persons employed (on the provision of services comparable tothat proposed for this contract) during the last full year:Part TimeFull TimeManagerial/supervisory:On site:Off site:Operational:Sub-contractors:7.2 Please indicate if it is proposed to sub-contract any part of the delivery of thisservice, with details of which part and in detail how would it be managed andfunded.50

7.3 How does your organisation ensure good working relationships with your subcontractors?8 STAFF TRAINING8.1 Please provide details of how training is implemented to all levels ofmanagement and staff involved in the management and delivery of thecontract. Examples of this training in other contracts may be included.8.2 How does your company ensure that staff are competent?8.3 Give brief details of how your company communicates instructions to staff.51

9 QUALITY ASSURANCE9.1 Evidence should be supplied of satisfactory processes and procedures to enableBournemouth Borough Council to be assured that services can be delivered tothe required frequency and quality. This evidence will form a key element indetermining the suitability of applicants to be invited to tender.Please provide details of any quality assurance procedures and processes youhave implemented that are relevant to this type of activity and any certificatesobtained.9.2 How would you demonstrate successful contract delivery to BournemouthBorough Council, if your company wins this tender?52

9.3 What do you consider to be the critical performance indicator for this service?9.4 Bournemouth Borough Council has implemented a Citizen's Charterand Code of Conduct for staff, outlining standards of behaviour,correspondence and telephone answering. Does your companyhave standards covering these activities?Yes/NoIf 'yes', please provide a brief summary of these standards.10 WORKFORCE MATTERSFailure to observe the requirements of any race relations or other equalopportunities legislation is regarded by Bournemouth Borough Council as graveprofessional misconduct in the course of a business or profession.PLEASE ANSWER 10.1 - 10.7 IN RESPECT OF YOUR OPERATIONS IN THE UNITEDKINGDOM53

10 WORKFORCE MATTERS10.1 Is it your policy as an employer to comply with your statutoryobligations under Race Sexual Orientation Disability Age Religion and Belief Gender Human Rightsand, accordingly, your practice not to treat an individual or groupof people less favourably than others in relation to decisions torecruit, train or promote employees?NOTE TO ORGANISATION:You must keep up to date with relevant changes in legislation.10.2 In the last three years, has any finding of unlawful discriminationbeen made against your organisation by any court or industrialtribunal?Yes/NoYes/NoYes/NoYes/NoYes/NoYes/NoYes/NoYes/No10.3 In the last three years, has your organisation been subject of aformal investigation by:the Commission for Racial Equality,the Equal Opportunities Commission,the Disability Commission orthe Commission for Equality and Human Rightson grounds of alleged unlawful discrimination?Yes/NoYes/NoYes/NoYes/No10.4 If the answer to question 10.2 is in the affirmative or, in relation to question10.3 made a finding adverse to your organisation, what steps did you take inconsequence of that finding?10.5 Is your equal opportunities policy set out:(a) in instructions to those concerned with recruitmenttraining and promotion?(b) in documents available to employees, recognised tradeunions or other representative groups of employees?(c) in recruitment advertisements or other literature?Yes/NoYes/NoYes/No54

10 WORKFORCE MATTERS10.6 Do you observe as far as possible national codes of practice forequal opportunities in terms of race, gender and disability,including the Commission for Racial Equality’s Code of Practice inEmployment, as approved by Parliament in 1983, which givespractical guidance to employers and others on the elimination ofracial discrimination and the promotion of equality of opportunityin employment, including steps that can be taken to encouragemembers of the ethnic minorities to apply for jobs or take uptraining opportunities?Yes/No10.7 Please provide evidence that your company actively monitorsyour own suppliers for compliance on workforce matters as perthis section 8.DetailrequiredIF YOU ARE OPERATING OUTSIDE THE UK, PLEASE COMPLETE 10.7 to10.12 (Youonly need to answer these questions if you are not operating in the UK):10.8 Is it your policy as an employer to comply with your statutoryobligations in force in the territories in which you operateconcerning the treatment of people ofYes/No different colour, race, nationality ethnic origin,Yes/No genderYes/No disabilityYes/No ageYes/No religion or belief orYes/No sexual orientationin relation to decisions to recruit, train or promote employees?10.9 In the last three years, has any finding of unlawful discriminationbeen made against your organisation by any court or tribunal?10.10 In the last three years, has your organisation been the subject of aformal investigation by any state, regional or other authorityconcerned with the enforcement of the law concerning thetreatment of people of different colour, race, nationality, nationalor ethnic origin, gender, disability, age, religion or belief or sexualorientation.Yes/NoYes/No55

10 WORKFORCE MATTERS10.11 If the answer to question 10.9 is in the affirmative, or in relation to question10.10 the relevant authority made a finding adverse to your organisation, whatsteps did you take in consequence of that finding?10.12 Is your equal opportunities policy set out:(a) in instructions to those concerned with recruitmenttraining and promotion?(b) in documents available to employees, recognised tradeunions or other representative groups of employees?(c) in recruitment advertisements or other literature?10.13 Do you observe as far as possible any codes of practice published bythe state, regional or other authorities which give practicalguidance to employers and others on the elimination of racial,gender, disability, age, religious or sexual orientationdiscrimination and the promotion of equality of opportunity inemployment, including steps that can be taken to encouragemembers of minority groups to apply for jobs or take up trainingopportunities?Yes/NoYes/NoYes/NoYes/No11 INSURANCE11.1 Please provide details of all insurance cover currently in force. If your company’stender is successful, adequate insurance cover will be required. The levels areindicated below. If your current insurance is insufficient, please enclose a copy of aquotation from your insurance company indicating that the increased cover will beavailable should you be awarded the contract.Please complete details and indicate the level of cover you have including details of theissuing company, policy number, cover provided and renewal date. It is essential thatconfirmation of the stated information is provided by your insurance company or broker.Company Insurer Policy No. Cover £ Renewal DatePublic Liability(minimum £5million cover)Employer’sLiability cover£10 millionProduct Liability(minimum £5million cover)56

ProfessionalIndemnity £2million cover11.2 Are there any outstanding claims against you (other than routine employment cases)?Please list as appropriate.12 HEALTH AND SAFETY LEGISLATION12.1 Please provide copies of the following documents and mark them with theappropriate question numbers for easy identification:Please give an up-to-date copy (which should be not more than twoyears old) of: your Health and Safety Policy StatementOrIf you have more than four employees, a copy of your Healthand Safety Policy signed and dated by your Chairman, ChiefExecutive, Managing Director or Company Secretary.Details of your safety organisation (structure, roles andresponsibilities).Please tick ifenclosedDetails of safety arrangements for the type of work intended,including:(a) risk assessment procedures, (please attach relevant examples)(b) examples of relevant safe working methods(c) procedures for monitoring the implementation and effectivenessof your health and safety policy(d) first aid provision(e) procedure for dealing with emergencies(f) procedures for reporting and investigating accidents anddangerous occurrences.12.2 Identify the person in your company who is responsible for co-ordinating safetymatters, who can be contacted if necessary:Name:Phone contact number:57

12 HEALTH AND SAFETY LEGISLATION12.3 Who is your ‘Competent Person’ for provision of health and safety advice, as requiredby the Management of Health and Safety at Work Regulations 1992? (If externalconsultant, please provide the name and address of the organisation and the name ofthe consultant.)Phone contact number:12.4 What health and safety training is given to employees and how is their competenceto safely perform work tasks assessed?12.5 Please detail any HSE/local authority enforcing action (i.e. prosecution or issue ofImprovement or Prohibition Notices) taken against your company in the past threeyears.12.6 Please attach a summary of your reportable accidents, dangerous occurrences andnotifiable diseases record for the past three years.None/Copy attached12.7 Please describe in-house or external health and safety awards received by yourcompany, indicating when and for what they were received and identifying theawarding body or organisation (if not in-house).12.8 Please provide details of the company’s procedures for monitoring and reviewinghealth and safety performance.58

13 ENVIRONMENTAL PERFORMANCE13.1 Please detail the arrangements your company has for measuring and improvingits environmental performance, including any internal or external initiativessupported, environmental policies and/or environmental management system inoperation. Please provide copies of any documents referred to.13.2 Is your company accredited to ISO14001 or any otherrecognised environmental management standard? If yes,please state which and provide proof of accreditation.Yes/No13.3 Is it your policy as a company to actively monitor your ownsuppliers’ environmental performance, and if so, how do youdo this?Yes/No13.4 Do your quality procedures take into account environmentalmatters? For example, special emphasis on recycling, thesafe use of materials, conservation of energy resources, etc orlist below any areas which you consider relevant to theprotection of the environment in relation to the service whichis the subject of this tender.Yes/No59

14 REFERENCES AND EXPERIENCE OF COMPARABLE SERVICE PROVISION14.1 Bournemouth Borough Council will wish to obtain references, where possible,from clients of the applicant who have been provided with a comparable orsimilar service. Please append brief details of all contracts (relevant to thisparticular activity) of more than twelve months’ duration which are stillrunning or have been completed within the last three years. Please includethe name, job title, address and telephone number and e-mail of therepresentative from whom references may be sought.1.2.14.2 Has your company or business had penalties, default notices orliquidated damages awarded against it during the last three yearsin respect of the comparable services?If 'yes', please list brief details and how you rectified the situation:Yes/No14.3 Have you ever withdrawn from a contract after the contract hasbeen awarded?If 'yes' please list brief details and how you rectified the situation:Yes/No14.4 Has your company or business had a contract terminated in thelast three years in respect of the comparable services?If ‘yes’ please list brief details and how you rectified thesituation:Yes/No60

15 DECLARATION15.1 I declare that the details submitted in this Vendor Questionnaire are correct.15.2 I can confirm that the following information has been included:Status Enquiry Authority (EXOR-listed companies exempted)the last three years’ audited accounts (EXOR-listed companiesexempted)details of insurance cover (EXOR-listed companies exempted)a copy of the health & safety policy statement, signed and dated(EXOR-listed companies exempted)any other procedures, examples and logs requested (EXOR-listedcompanies exempted)details of quality assurance procedures (EXOR-listed companiesexempted)brief details of all relevant contracts (EXOR-listed companiesexempted).15.3 The applicant is the organisation which it is proposed will enter into a formalcontract with Bournemouth Borough Council if awarded the contract.15.4 I understand that the information disclosed in this application form will beused in the evaluation process to assess my company's financial stability andcompetence to conduct the service being tendered by Bournemouth BoroughCouncil.Signed:Name:Position:Date:Note: This form must be signed by a director or other senior representative ofthe company.61