2015/S 198-359548
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Clause
1.
Introduction and background .............................................................. 3
2.
Tender Timetable ................................................................................. 8
3.
Tender completion information ......................................................... 10
4.
Tender evaluation model ................................................................... 16
5.
TUPE .................................................................................................... 20
6.
Assessment questions for completion by Tenderers .................... 21
Schedule
S CHEDULE 1 D RAFT CONTRACT ....................................................................... 22
S CHEDULE 2 S PECIFICATION ............................................................................ 23
S CHEDULE 3 S OCIAL V ALUE S PECIFICATION ................................................... 24
S CHEDULE 4 I NFORMATION ABOUT THE CURRENT SERVICE ............................ 29
S CHEDULE 5 S ITE PLANS .................................................................................. 37
S CHEDULE 6 A SSET LIST .................................................................................. 38
S CHEDULE 7 C ONTRACTS LIST ......................................................................... 39
S CHEDULE 8 P ROVISIONAL LIST OF TRANSFERRING EMPLOYEES ................... 40
S CHEDULE 9 A PPLICABLE POLICIES ................................................................. 41
S CHEDULE 10 D EED OF GUARANTEE .............................................................. 42
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1. Introduction and background
1.1 Contents of the ITT
This invitation to tender ( ITT ) comprises:
Tender completion requirements, evaluation model, specification and schedules.
Draft contract and schedules.
Technical and commercial questions.
1.2 Introduction to the Authority
Kingston upon Hull City Council (the Authority ) in partnership with NHS
England is conducting the procurement using the open procedure in accordance with the requirements of the Public Contracts Regulations 2015
( SI 2015/102 ) (PCR 2015) for the purpose of procuring the services described in the Specification ( Services ).
Interested parties ( Tenderers ) have also been provided with a prequalification questionnaire ( PQQ ), which seeks responses in relation to their technical capacity or professional ability, and their economic and financial standing. The Authority in partnership with NHS England will evaluate the
PQQ responses and only those candidates that meet the required standards will have their responses to this ITT assessed.
This ITT contains further information about the procurement process, the
Services, and assessment questions for Tenderers to complete. Each
Tenderer's response ( Tender ) should be detailed enough to allow the
Authority and NHS England to make an informed selection of the most appropriate solution.
It should be carefully noted by Tenderers that you must return a fully completed PQQ and ITT.
The City of Hull sits in an area of 27.6 sq miles with a resident population of over 250,000. Hull is a city and unitary authority area, and is the largest centre of population in the county of the East Riding of Yorkshire. It stands on the
River Hull at its Junction with the Humber estuary, 25 miles (40km) inland from the North Sea.
The Authority delivers a wide and diverse range of services, with approximately 6,500 employees (excluding schools) working across the city to help improve people’s lives.
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Hull is a friendly city where everyone matters. So the Authority is working to improve the lives of everyone who lives and works in the city.
The Authority’s priorities are:
To deliver a wellrun Council and listen to people’s views
Ensuring our communities are safe
Ensuring people have access to health information and facilities
Giving children and young people the best start and everyone the opportunity to achieve their potential
Supporting the vulnerable, and those most in need, to live independently
Maintain a green and sustainable environment
Making Hull a place where people are proud to live and work
The Authority works in partnership, which brings together the public, private, community and voluntary sectors to improve the local quality of life. These aims are contained within the Sustainable Community Strategy which sets out long-term plans for the city.
NHS England’s mission is to improve health and secure high quality health care for the people of England, now and for future generations. Its aims are to:
Prevent people from dying prematurely;
Enhancing quality of life for people with long-term conditions;
Helping people to recover from episodes of ill health or following injury;
Ensuring that people have a positive experience of care; and
Treating and caring for people in a safe environment and protecting them from avoidable harm.
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1.3 Scope of the Project
Hull City Council, in partnership with NHS England, is redesigning its public health nursing services for young people; the new model will have a clear focus on improving access to help and support for a whole range of health issues at a much earlier stage in people’s lives.
The 0-19 Integrated Public Health Nursing Service will lead, coordinate and deliver a range of public health interventions and play a major role in supporting the health and wellbeing of children and young people in Hull. The new model will strengthen primary prevention, health promotion and early help by developing a robust approach to improving health outcomes for children, young people and families.
The 0-19 Integrated Public Health Nursing Service will be underpinned primarily by the Healthy Child Programme (0-5 and 5-19), currently this includes the following commissioned public health services:
Health Visiting
Family Nurse Partnership (FNP)
School Nursing
Oral Health Promotion and
Injury minimisation and prevention
5-19 Years Vaccination and Immunisation Services.
Further details of the current arrangements are included in Schedule 4.
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Please Note:
The services being procured for the 5 – 19 Years Vaccination and
Immunisation Service are clearly outlined in the NHS England Service
Specification and embedded linked documents. Please ensure that due attention is made to the links within the service specification when detailing your tender. The service specification also needs to be read in conjunction with the NHS Standard Contract Particulars and guidance.
Bids for this service need to include all elements of service delivery including
(but not limited to):
co-hort identification
call/recall processes
all cold chain elements including ordering, storage and transfer of the immunisations
data recording and reporting
Dovetailed working with Child Health Information Systems, GP practices and other local services.
1.4 Value of the contract
There are currently a number of different services, commissioned by Hull City
Council and NHS England, that handle the work related to this service model and tender, to a value of £6.7 million annually.
Basis of
Charges
The maximum available budget for the Services covered in this tender is detailed below. Any tenders which exceed the maximum annual budget will be deemed non compliant and will be eliminated.
Hull City
Council
Maximum Contract Value
2016-
2017
2017-
2018
2018-
2019
2019-
2020
2020-
2021
Total value of the
Contract
£6,445,000 £6,445,000 £6,445,000 £6,445,000 £6,445,000 £32,225,000
NHS
England
£160,000 £160,000 £160,000 - - £480,000
Total £6,605,000 £6,605,000 £6,605,000 £6,445,000 £6,445,000 £32,705,000
Within the life of the contract bidders are expected to be able demonstrate a more efficient model of delivery, this should be demonstrable through the bid price submitted, or by clear details of increased service provision.
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Within this price is £375 k for the use of NHS properties lift buildings – this will be paid at the end of each year on the receipt of invoice and backing documents which show that this amount of has been paid to CHP or NHS
Prop co for the lease of suitable buildings from which to deliver services.
Details of current expenditure or potential future uptake are given in good faith as a guide to past purchasing and current planning to assist you in submitting your Tender. They should not be interpreted as an undertaking to purchase any goods or services to any particular value and do not form part of the
Contract.
1.5 Contract term
The successful Provider will enter into two contracts, one with the Authority and one with NHS England.
The Authority proposes to enter into one Contract(s) for a period of five years with the successful Tenderer ( Service Provider ). There is no option to extend this contract.
In relation to the 5-19 years Vaccination and Immunisation Service, NHS
England proposes to enter into one Contract(s) for a period of two years with the successful Tenderer ( Service Provider ) with the option to extend for period or periods up to a maximum of 12 months.
The anticipated service commencement date is 1 April 2016.
The Authority and NHS England have decided not to divide the contract into lots as the two elements of service should be delivered in an integrated approach, and utilise the skills and resource of both services.
1.6 Purpose and scope of this ITT
This ITT:
Asks Tenderers to submit their Tenders in accordance with the instructions set out in the remainder of this ITT.
Sets out the overall timetable and process for the procurement to
Tenderers.
Provides Tenderers with sufficient information to enable them to submit a compliant Tender (including providing templates where relevant).
Sets out the Award Criteria and the Tender Evaluation Model that will be used to evaluate the Tenders.
Explains the administrative arrangements for the receipt of Tenders.
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1.7 Clarifications about the Services or ITT
Any clarifications relating to this ITT must be submitted through the etendering portal, YORtender.
The Authority and NHS England will respond to all reasonable clarifications as soon as possible through publishing the Tenderers' questions and the
Authority and NHS England's response to them on the e-tendering portal
( Clarifications Log ). If a Tenderer wishes the Authority and NHS England to treat a clarification as confidential and not issue the response to all Tenderers, it must state this when submitting the clarification. If, in the opinion of the
Authority and NHS England, the clarification is not confidential, the Authority and NHS England will inform the Tenderer and it will have an opportunity to withdraw it. If the clarification is not withdrawn, the response will be issued to all Tenderers.
The deadline for receipt of clarifications relating to the Services or this ITT is
Tenderers are advised not to rely on communications from the Authority and
NHS England in respect of the Services or ITT unless they are made in accordance with these instructions.
1.8 Clarifications about the contents of the Tenders
The Authority and NHS England reserves the right (but is not obliged) to seek clarification of any aspect of a Tenderer's Tender during the evaluation phase where necessary for the purposes of carrying out a fair evaluation. Tenderers are asked to respond to such requests promptly. Vague or ambiguous answers are likely to score poorly or render the Tender non-compliant.
2. Tender Timetable
2.1 Key dates
This procurement will follow a clear, structured and transparent process to ensure a fair and level playing field is maintained at all times, and that all
Tenderers are treated equally.
The key dates for this procurement ( Timetable ) are currently anticipated to be as follows:
Event
Issue ITT
Tenderers' workshop
Date
13 October 2015
21 October 2015, 9.00 – 13.30, The
Freedom Centre, Hull
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Deadline for receipt of clarifications 11 November 2015
13 November 2015 Target date for responses to clarifications
Deadline for receipt of Tenders 12 noon, 18 November 2015
Evaluation of Tenders
Notification of Presentations
Interview
Notification of contract award decision
"Standstill" period
19 November to 23 December 2015
27 November 2015
2 December 2015
7 January 2015
8 to 18 January 2016
Confirm contract award
Contract start and start of mobilisation period
19 January 2016
19 January 2016
Target contract commencement date 1 April 2016
Any changes to the procurement Timetable shall be notified to all Tenderers as soon as practicable.
2.2 Deadline for receipt of Tenders
Responses to this ITT must arrive at the address and in the manner
prescribed under paragraph 3.1 no later than the Deadline.
Any Tender received after the Deadline shall not be opened or considered.
The Authority and NHS England may, however, in their own absolute discretion extend the Deadline and in such circumstances the Authority and
NHS England will notify all Tenderers of any change.
2.3 References
Tenderers are requested to supply three references, using the Reference
Request Form attached to this tender. References will be used to verify the technical proposals put forward in the Tender and will not be scored.
The Authority and NHS England reserve the right to seek references from any of the Tenderer's customers, including the Authority and NHS England, whether or not the Tenderer has listed such customers as referees.
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2.4 Contract award
The Authority and NHS England may award Contract(s) on the basis of a
Tender submitted in accordance with the instructions below.
Contract award is subject to the formal approval process of the Authority and
NHS England. Until all necessary approvals are obtained and the standstill period completed, no Contract(s) will be entered into.
Once the Authority and NHS England have reached a decision in respect of a contract award, it will notify all bidders of that decision and provide for a standstill period in accordance with PCR 2015 before entering into any
Contract(s).
2.5 Interviews
Following evaluation of the written tender submissions, the 3 tenderers with the highest score will be shortlisted and will be invited to attend an interview with representatives of the Authority, NHS England and other organisations as appropriate, in support of their Tenders, as set out in the Timetable. You should keep this date free in case you are asked to attend. Shortlisted tenderers must attend the date of the interview, failure to do so will result in your tender proposal being eliminated from further process.
The date set for the interview is 2 December 2015
The interviews will be used to moderate your written tender submission.
2.6 Debrief
The contract award notification will be sent to each Tenderer. The Authority and NHS England will inform all unsuccessful Tenderers of the identity and relative advantages and characteristics of the successful Tender as compared with the addressee's Tender.
3. Tender completion information
3.1 Formalities
All documents comprising the Tender must be completed and uploaded to the e-tendering portal, YORtender, by the Deadline.
The following requirements must be adhered to when submitting Tenders:
The pages of the Tender documents must be numbered sequentially as
"Page [x] of [xx]" and include the date and title of the document on each page of the main body.
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Any additional pre-existing material which is necessary to support the
Tender should be included as schedules with cross-references to this material in the main body of the Tender. Cross-references to this ITT should also be included in the Tender whenever this is relevant.
Where documents are embedded within other documents, Tenderers must upload separate copies of the embedded documents.
The Tender must be in English and drafted in accordance with the drafting guidance set out in this ITT.
Each Tender must be uniquely named or referenced.
A table of contents must be provided.
The Tender must be fully cross-referenced.
A list of supporting material must be supplied.
Tenderers should use Arial font type at size 12.
Line spacing must be 15 points or more.
Any word limits specified (if any) must not be exceeded. The Authority and
NHS England will only read up to the relevant word limit specified for each question and shall ignore any additional text.
The Tender must be clear, concise and complete. The Authority and NHS
England reserve the right to mark a Tenderer down or exclude them from the procurement if its Tender contains any ambiguities, caveats or lacks clarity.
Tenderers should submit only such information as is necessary to respond effectively to this ITT. Tenders will be evaluated on the basis of information submitted by the Deadline.
The Tenderer must upload a duly executed Form of Tender (contained within
ITT Part 2). Where the Tenderer is a company, the Tender must be signed by a duly authorised representative of that company. Where the Tenderer is a consortium, the Tender must be signed by the lead authorised representative of the consortium, which organisation shall be responsible for the performance of the Contract. In the case of a partnership, all the partners should sign or, alternatively, one only may sign, in which case he must have and should state that he has authority to sign on behalf of the other partner(s).
The names of all the partners should be given in full together with the trading name of the partnership. In the case of the sole trader, he should sign and give his name in full together with the name under which he is trading.
3.2 Submission of Tenders
Each Tenderer must submit one Tender.
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The Tender must meet the Author ity’s and NHS England’s minimum requirements, operate as a standalone bid and not be dependent on any other bid or any other factors external to the Tender itself. That is, the Tender must be capable of being accepted by the Authority and NHS England in its own right.
3.3 Contract terms
The draft Contracts that the Authority and NHS England proposes to use are attached at
Schedule 1 a and Schedule 1 b. By submitting a Tender,
Tenderers are agreeing to be bound by the terms of this ITT and the
Contracts without further negotiation or amendment.
If the terms of the Contract render the proposals in the Tenderer's Tender unworkable, the Tenderer should submit a clarification in accordance with
paragraph 1.7 and the Authority and NHS England will consider whether any
amendment to the Contract is required. Any amendments shall be published through the Clarifications Log and shall apply to all Tenderers. Where both the amendment and the original drafting are acceptable and workable to the
Authority and NHS England, the Authority and NHS England shall publish the amendment as an alternative to the original drafting. Tenderers should indicate if they prefer the amendment; otherwise the original drafting shall apply. Any amendments which are proposed, but not approved by the
Authority through this process, will not be acceptable and may be construed as a rejection of the terms leading to the disqualification of the Tender.
3.4 Documents forming the contract
The following documents shall form part of the Contract between the Authority and the Service Provider(s):
Contract and its schedules.
Specification.
Schedules (such as service levels, site plans, asset lists, contracts list, list of transferring employees, relevant policies and so on).
A pricing model (as completed by the Service Provider).
Responses to requirements (as completed by the Service Provider.
A list of commercially sensitive information (as completed by the successful Tenderer in ITT Part 2).
The following documents shall form part of the Contract between the NHS
England and the Service Provider(s):
Contract and its schedules.
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Specification.
Schedules (such as service levels, site plans, asset lists, contracts list, list of transferring employees, relevant policies and so on).
A pricing model (as completed by the Service Provider).
Responses to requirements (as completed by the Service Provider.
A list of commercially sensitive information (as completed by the successful Tenderer in ITT Part 2).
3.5 Consortia and subcontractors
The Authority and NHS England require all Tenderers to identify whether and which subcontracting or consortium arrangements apply in the case of their
Tender, and in particular specify the share of the Contract it intends to subcontract, any proposed sub-contractors, and precisely which entity they propose to be the Service Provider.
For the purposes of this ITT, the following terms apply:
Consortium arrangement.
Groups of companies come together specifically for the purpose of bidding for appointment as the Service
Provider and envisage that they will establish a special purpose vehicle as the prime contracting party with the Authority and NHS England.
Subcontracting arrangement.
Groups of companies come together specifically for the purpose of bidding for appointment as the Service
Provider, but envisage that one of their number will be the Service
Provider, the remaining members of that group will be subcontractors to the Service Provider.
3.6 Warnings and disclaimers
While the information contained in this ITT is believed to be correct at the time of issue, neither the Authority, its advisors, NHS England, nor any other awarding authorities will accept any liability for its accuracy, adequacy or completeness, nor will any express or implied warranty be given. This exclusion extends to liability in relation to any statement, opinion or conclusion contained in or any omission from, this ITT (including its appendices) and in respect of any other written or oral communication transmitted (or otherwise made available) to any Tenderer. This exclusion does not extend to any fraudulent misrepresentation made by or on behalf of the Authority or NHS
England.
If a Tenderer proposes to enter into a Contract with the Authority and NHS
England, it must rely on its own enquiries and on the terms and conditions set
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out in the Contract(s) (as and when finally executed), subject to the limitations and restrictions specified in it.
Neither the issue of this ITT, nor any of the information presented in it, should be regarded as a commitment or representation on the part of the Authority or
NHS England (or any other person) to enter into a contractual arrangement.
3.7 Confidentiality and Freedom of Information
This ITT is made available on condition that its contents (including the fact that the Tenderer has received this ITT) is kept confidential by the Tenderer and is not copied, reproduced, distributed or passed to any other person at any time, except for the purpose of enabling the Tenderer to submit a Tender.
As public bodies, the Authority and NHS England are subject to the provisions of the Freedom of Information Act 2000 (FOIA) in respect of information it holds (including third-party information). Any member of the public or other interested party may make a request for information.
The Authority and NHS England shall treat all Tenderers' responses as confidential during the procurement process. Requests for information received following the procurement process shall be considered on a case-bycase basis, applying the principles of FOIA.
While the Authority and NHS England aim to consult with third-party providers of information before it is disclosed, it cannot guarantee that this will be done.
Therefore, Tenderers are responsible for ensuring that any confidential or commercially sensitive information has been clearly identified to the Authority and NHS England in the template provided in ITT Part 2.
Tenderers should be aware that, in compliance with its transparency obligations, the Authority and NHS England routinely publishes details of its contract(s), including the contract values and the identities of its suppliers on its website.
3.8 Publicity
No publicity regarding the Services or the award of any Contract will be permitted unless and until the Authority, in partnership with NHS England, has given express written consent to the relevant communication. For example, no statements may be made to the media regarding the nature of any Tender, its contents or any proposals relating to it without the prior written consent of the Authority and NHS England.
3.9 Tenderer conduct and conflicts of interest
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Any attempt by Tenderers or their advisors to influence the contract award process in any way may result in the Tenderer being disqualified. Specifically,
Tenderers shall not directly or indirectly at any time:
Devise or amend the content of their Tender in accordance with any agreement or arrangement with any other person, other than in good faith with a person who is a proposed partner, supplier, consortium member or provider of finance.
Enter into any agreement or arrangement with any other person as to the form or content of any other Tender, or offer to pay any sum of money or valuable consideration to any person to effect changes to the form or content of any other Tender.
Enter into any agreement or arrangement with any other person that has the effect of prohibiting or excluding that person from submitting a Tender.
Canvass the Authority or NHS England or any employees or agents of the
Authority or NHS England in relation to this procurement.
Attempt to obtain information from any of the employees or agents of the
Authority or NHS England or their advisors concerning another Tenderer or Tender.
Tenderers are responsible for ensuring that no conflicts of interest exist between the Tenderer and its advisers, and the Authority or NHS England and its advisors. Any Tenderer who fails to comply with this requirement may be disqualified from the procurement at the discretion of the Authority and NHS
England.
3.10 Authority's rights
The Authority, in partnership with NHS England, reserves the right to:
Waive or change the requirements of this ITT from time to time without prior (or any) notice being given by the Authority and NHS England.
Seek clarification or documents in respect of a Tenderer's submission.
Disqualify any Tenderer that does not submit a compliant Tender in accordance with the instructions in this ITT.
Disqualify any Tenderer that is guilty of serious misrepresentation in relation to its Tender, expression of interest, the PQQ or the tender process.
Withdraw this ITT at any time, or to re-invite Tenders on the same or any alternative basis.
Choose not to award any Contract as a result of the current procurement process.
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Make whatever changes it sees fit to the Timetable, structure or content of the procurement process, depending on approvals processes or for any other reason.
3.11 Bid costs
The Authority and NHS England will not be liable for any bid costs, expenditure, work or effort incurred by a Tenderer in proceeding with or participating in this procurement, including if the procurement process is terminated or amended by the Authority and NHS England.
3.12 Guarantees
Recipients of this ITT will note that
1 is a form of deed of guarantee. The
Authority and NHS England may have qualified the Tenderers on the assumption that, where the Tenderer is an operating company, it will be guaranteed by the parent company. As a result, the Authority and NHS
England may require each Tenderer to confirm the identity of the guarantor of its obligations under any Contract(s). This guarantor should be the ultimate parent company of the Tenderer, except in exceptional circumstances. In the case of consortia, the Authority and NHS England will require confirmation that the consortium will provide either a parent company guarantee from the lead consortium member or an equivalent level of security.
4. Tender evaluation model
4.1 Award Criteria and Evaluation Criteria
Any Contract(s) awarded as a result of this procurement will be awarded on the basis of the offer that is the most economically advantageous to the
Authority. The Award Criteria ( Award Criteria ) are:
80% technical and quality.
20% cost.
Scores are arrived at following the application of the Evaluation Criteria
( Evaluation Criteria ) set out below to the Tenderer's Tender.
Tenderers are required to submit a Tender strictly in accordance with the requirements set out in this ITT, to ensure the Authority has the correct information to make the evaluation. Evasive, unclear or hedged Tenders may be discounted in evaluation and may, at the Authority's discretion, be taken as a rejection by the Tenderer of the terms set out in this ITT.
The Tender Evaluation Model showing the Evaluation Criteria and the maximum scores attributable to them is set out below.
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Threshold
Percentage
(%)
Percentag e (%)
Weighting
Formula
Means of evaluation
Means of moderation
Evaluation Criteria: Commercial
10% Pricing Model
(Schedule
11) n/a Cheapest price ÷ bidder’s price x percentag e (%)
Completed price schedule 11
Not applicable
Response to
Pricing model questions n/a 10% Score out of 5 x percentage
(%)
Written submissions
Interview
Evaluation Criteria: Technical and Quality
Service delivery, mobilisation and implementati on
Partnership working n/a n/a
11%
8%
Score out of 5 x percentage
(%)
Written submissions
Interview and references
Service user experience
Information governance, management and technology
Workforce and governance n/a n/a n/a
3%
2%
4%
Score out of 5 x percentage
(%)
Written submissions
Interview and references
Score out of 5 x percentage
(%)
Written submissions
Interview and references
Score out of 5 x percentage
(%)
Written submissions
Interview and references
Score out of 5 x percentage
(%)
Written submissions
Interview and references
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Contract and performance n/a
Service specific questions
Social value delivery plan
(Schedule
12)
Threshold
Percentage
(%)
Percentag e (%)
Weighting
Formula
Means of evaluation
Means of moderation n/a n/a
4%
28%
20%
Score out of 5 x percentage
(%)
Written submissions
Interview and references
Score out of 5 x percentage
(%)
Written submissions
Interview and references
((Supplier’ s response
÷
Benchmar k) x confidence score).
Individual benchmark scores are then averaged and multiplied by percentage
(%)
Written submissions
Interview
4.2 Evaluation process
Technical and quality evaluation
The technical evaluation will be scored in accordance with the table below.
Scoring matrix for the technical and quality criteria
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QUALITY ASSESSMENT SCALE
Tenderers should be aware that when scoring evaluators will be considering the following:
How well does the Tenderer’s response meets the Authority’s requirements
How well does the Tenderer’s response demonstrate a satisfactory understanding of requirements
Is the Tenderer’s response supported by a good standard of evidence
Rating Assessor
Score
5 excellent Significant assurance supported by a robust, comprehensive Tender without any errors / omissions
4 good
3
Demonstrates overall ability to deliver the requirements with no cause for concern
Demonstrates ability to deliver in most aspects but doesn't quite meet the criteria for a 'good' score. satisfactory
2
1
0
Demonstrates ability to deliver but has a number of omissions which preclude a higher score
Fails to demonstrate overall ability to deliver the
Services to an adequate level
Significant shortcomings which raise major concerns for the Council fair poor very poor
The Authority has also identified additional social value that it requires from this contract in the Social Value Specification set out in Schedule 3 (within this
ITT Part 1) and tenderers will complete the Social Value Delivery Plan
(Schedule 12 contained within ITT Part 2), specifying how they will respond to these requirements.
Please note, additional information about our Social Value requirements are attached to the tender documentation (see Info. 6 Social Value); before completing the Social Value Delivery Plan, Tenderers should contact the following:
For all employability and skills queries (items 1-8) contact:
Chris Howell
Tel: 01482 615210
Email: chris.howell@hullcc.gov.uk
For queries relating to recruiting/training volunteers (item 9) contact:
Ben Hanson
Tel: 01482 616365
Email: ben.hanson@hullcc.gov.uk
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For queries relating to Healthy Workplace schemes (item 10) contact:
Alex Norman
Tel: 01482 616098
Email: alex.norman@hullcc.gov.uk
The Social Value Delivery Plan will be evaluated to ensure it is realistic and achievable. Each benchmark output and associated delivery method statement will be scored to determine a delivery confidence factor for each output, using the following evaluation scale;
Table 2 – Social Value Delivery – Confidence Scale
Score
1.00 No reservations on delivery of output (maximum score)
0.75 Very minor reservations on delivery of the output
0.50 Minor reservations on delivery of the output
0.25 Major reservations on delivery of the output
0.00
Information clearly shows the tenderer cannot satisfy the requirements of the output
Any tenderer whose output response equals or exceeds the benchmark from the table and provides a wholly satisfactory method statement, will be awarded a maximum score of 1 for that output, based on the following formula;
Output score = (Supplier’s response ÷ Benchmark) x confidence score
The sum of the output scores will be averaged and then multiplied by the weighting criteria as set out in the evaluation model (see 4.1 Award Criteria and Evaluation Criteria).
Pricing evaluation
The maximum available budget for this service is
£32,705,000. Any bid that exceeds the maximum annual budget will be deemed non-compliant and will therefore be excluded from the evaluation process.
Bid prices (Pricing Schedule 11) will be scored on a comparative basis with the lowest bid receiving 100% of the available marks (10% following weighting). All other bids will be compared against that lowest bid.
Cheapest price ÷ bidder’s price x percentage (%)
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5. TUPE
5.1 Transferring employees
The Authority and NHS England envisage that the staff working on the current service shall transfer to the Service Provider or its subcontractors, under the
Transfer of Undertakings (Protection of Employment) Regulations 2006 ( SI
2006/246 ) ( TUPE ) along with the Services. These employees are currently employed by:
The incumbent supplier (Third Party Employees).
Provisional lists of the Third-Party Employees are contained in the separate
Schedule 8. Provisional TUPE List.
Tenderers' pricing models must include the costs associated with the TUPE transfer of these employees. If the costs associated with a TUPE transfer
(including pensions costs) are subsequently found to be lower than envisaged, the Service Provider shall make a corresponding reduction in the contract price.
5.2 Pension requirements
In accordance with the Fair Deal policy, it is a condition of the Contract that the new employer offers these employees continued membership of their legacy pension scheme. If this is not possible, and where permitted by Fair
Deal, the new employer must offer the employees access to a pension scheme which has been certified by the Government Actuary's Department
(GAD) as broadly comparable to the Local Government Pension Scheme or
NHS Pension Scheme as applicable to the transferring employees.
The Authority must see a copy of the GAD certificate before the transfer date.
[In addition, the costs and terms applicable to the bulk transfer of accrued benefits must be clearly provided for in the Tender.]
Tenderers are asked to include indicative costings of their proposed pension provisions.
6. Assessment questions for completion by Tenderers
The Authority and NHS England have supplied with this Invitation to Tender
–
Part 1 a document entitled Pre-Qualification Questionnaire and Invitation to
Tender
– Part 2, which contains a number of mandatory and optional assessment questions for Tenderers to complete.
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Schedule 1 Draft contract
Hull City Council’s draft contract is attached as Schedule 1a
NHS
England’s draft contract is attached as Schedule 1b
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Schedule 2 Specification
Hull C ity Council’s 0-19s Integrated Public Health Nursing Contract specification is attached as Schedule 2a
NHS England’s 5 – 19 Years Vaccination and Immunisation Service specification is attached as Schedule 2b
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Schedule 3 Social Value Specification
1. Social Value Contract Requirements
1.1 The successful provider must be able to demonstrate how it will support the
Council in promoting Economic, Social and Environmental factors relating to the wellbeing to its residents.
A copy of the Council’s Strategic Plan can be found via the following link:- http://www.hullcc.gov.uk/portal/page?_pageid=221,52558&_dad=portal&_schema=P
ORTAL
1.2 The Council has identified the following additional social value objectives for this tender;
Promoting careers in the health sector
Improving employment opportunities for young people
Improving the health of the workplace
1.3 Under this contract the Provider will be required to actively contribute to the achievement of the social value objectives identified in the Social Value
Benchmark Table (see 1.5 below).
1.4 Please note, our social value benchmarks have been grouped into 3 options or ‘packets’ of work (see 1.6 below). Please choose your preferred option and detail your proposed delivery against the specified benchmarks. Do not mix and match from across multiple options.
1.5 In addition to the benchmarks identified below, the Council encourages all bidders to sign up to the White Ribbon Campaign, a worldwide educational campaign that aims to tackle domestic violence.
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1.6 Social Value Benchmarks
Targets over the 5 years contract duration
Item Our Requirements
1 Apprenticeships 1
Given the size and length of the contract it is expected that 6 apprenticeships will be completed during the lifetime of the
2 contract. Apprentices will be either recruited onto Apprenticeships or existing employees will be up skilled to level 3
Traineeships 2
3
4
Work Preparation 3
Work Experience for Under 18s 5
Option 1
Up skill 6 existing members of staff to level 3 via an apprenticeship.
Option 2
Up skill 3 existing members of staff to level 3 via an apprenticeship and create 3 new level 2 apprenticeships
100 hours of work experience for
30 people (3,000 hours in total).
100 hours of work experience for
10 people (1,000 hours in total).
5 x 1-2 week work experience opportunities over the duration of the contract.
2 events
100 hours of work experience for
15 people (1,500 hours in total).
100 hours of work experience for
10 people (1,000 hours in total).
5 x 1-2 week work experience opportunities over the duration of the contract.
2 events 5 My Sector CPD for teachers and careers advisors 6
Careers Conference for young people 7
6
7 Mock Interviews 8
8
9
Careers talks in schools and 6 th form colleges 9
Recruit and train volunteers to support community projects for children and young people 10
10 Healthy Workplace Award scheme (or equivalent scheme) Achieve Gold standard 11
2 events
10 days
10 days
5
Gold level achieved
2 events
10 days
10 days
10
Gold level achieved
Option 3
Create 6 new Level 2 apprenticeships
100 hours of work experience for
5 people (500 hours in total).
100 hours of work experience for
10 people (1,000 hours in total).
5 x 1-2 week work experience opportunities over the duration of the contract.
2 events
2 events
10 days
10 days
20
Gold level achieved
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1.7 The following provides a brief description of the benchmarks we require. For more information, please see additional information (Info.6 Social Value) attached to this tender.
1. Apprenticeships – vocational training whereby the apprentice is employed by the Provider (or one of its partners/subcontractors) during the apprenticeship. The minimum duration of an apprenticeship is 1 year (12 months) but this may vary depending on the apprenticeship framework. The apprenticeships must be completed during the lifetime of the contract.
2. Traineeships –opportunities for young people aged 16-24 who are not yet ready for an apprenticeship. The Provider to provide 100 hours of work experience per person which will count towards an accredited qualification for the individual. The
Provider may progress individuals on to an apprenticeships (see 1. Apprenticeships).
3. Work Preparation
– work experience opportunities for people aged 18 to 24 years who are classed as “not ready for work”.
The Provider to provide 100 hours of work experience per individual. The individuals will be identified through Hull City
Council’s Springboard Programme and/or Job Centre Plus.
4. Work experience for under 18s
– a 1 -2 week work placement for secondary school students. This provides young people with the opportunity to experience the working environment. Appropriate candidates will be identified and shortlisted by the schools/colleges.
5. My Sector CPD for teachers and careers advisors
–
Sessions with Careers Advisors and Teachers to help them gain a better understanding of the health sector and to further understand employability skills and qualifications required.
6. Mock interviews – hold mock interviews with young people and/or adults identified by the Springboard Programme and/or
Job Centre Plus.
7. Careers Conference for young people - to help young people gain an understanding of the health sector and to further understand employability skills and qualifications required. To look at local job opportunities within this sector and entry routes into the industry tailored to young people.
8. Careers talks
– a day of careers talks to groups of people from schools, colleges and/or the Jobcentre. The ‘talks’ take place in a variety of settings and will give participants an insight into a range of careers in the health, public health and/or care sectors.
9. Recruit and train volunteers to support community projects for children and young people
10. Healthy Workplace Award Scheme (or equivalent scheme)
– sign up to an appropriate award scheme and achieve Gold standard by the final year of the contract.
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1.8 Please note, before completing the Social Value Delivery Plan,
Tenderers should contact the individuals listed below for more information about the types of support we require:
For all employability and skills queries (items 1-8) contact:
Chris Howell
Tel: 01482 615210
Email: chris.howell@hullcc.gov.uk
For queries relating to recruiting and training volunteers (item 9) contact:
Ben Hanson
Tel: 01482 616365
Email: Ben.Hanson@hullcc.gov.uk
For all queries relating to the Healthy Workplace schemes (item
10) contact:
Alex Norman
Tel: 01482 616098
Email: Alex.Norman@hullcc.gov.uk
2. Delivery of Outputs
2.1 The Provider shall actively participate in the potential for economic and social regeneration which results from this contract and shall deliver the requirements set out in the provider ’s Social Value Delivery Plan
(detailed in the Schedule 12 of the ITT part 2).
3. Modification of Output Levels
3.1 The Social Value Delivery Plan, including the outputs and or their levels, may be modified at any time by mutual agreement between the parties, unless otherwise stated in the Social Value Contract
Requirements (Benchmark Schedule).
4. Remuneration
4.1 All trainees shall be paid in accordance with industry / sector norms and shall have terms and conditions of employment that are at least equivalent to those provided to staff and employees that have equivalent skills and experience.
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4.2 The Provider is encouraged to increase the remuneration of trainees in line with their experience and productivity in accordance with the practices applied to all other employees of the provider.
5. Social Value Performance Monitoring and Verification
5.1 As part of the Council’s contract monitoring process, the Provider will submit a quarterly Monitoring Report detailing the achievement of projected Social Value outputs. The Provider will be required to include details of what outputs they have delivered and how these have been met, providing supporting evidence where appropriate and identifying measures for improvement where targets have not been met.
6. Key Performance Indicators (KPIs)
6.1 The Achievement of Social Value Outputs, as specified in the Service
Delivery plan, is the Key Performance Indicator for Social Value and will be reported quarterly.
7. Provider and Sub-contractor Compliance
7.1 It is the Provider’s responsibility to develop a working methodology that will deliver the Social Value requirements and related monitoring and verification data, and obtain the full cooperation of any sub-contractors in delivering these requirements.
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Schedule 4 Information about the current service
Service commissioning:
The current Health Visiting (HV) and Family Nurse Partnership (FNP)
Services for 0-5 year olds are commissioned by NHS England. From 1
October 2015, the responsibility for commissioning HV and FNP services transfers to Hull City Council.
The current School Nursing Service is commissioned by Hull City Council.
The current service provider delivers the Injury Minimisation Service as part of that contract.
The current Oral Health Promotion Service is commissioned by Hull City
Council.
The current Immunisation and Vaccination Service (5-19 years) is and will continue to be commissioned by NHS England.
Existing service provider:
City Health Care Partnership CIC is the current provider of all of the currently commissioned services.
City Health Care Partnership CIC is an independent “for better profit” coowner business which since June 2010, has provided health and care services to local people in Hull (and beyond); it employs around 1500 people.
CHCP provides a range of Children and Young People’s Service within the
Children & Young People’s Directorate. Services include Public Health
Nursing to Children Young People and their families from pre-birth to 19 years. Health Visitors & School Nurses provide both a Universal and targeted provision which aim to improve the health outcomes for the children and young people of Hull.
It is estimated that the population of children and young people aged between
0-19 years, living in the city is 62,300. Approximately 17,800 children are aged 0-4 years; 2.6% of children aged less than 16 years of age are living in comparative poverty (Public Health England 2014).
Existing 0-19 contracts expire on 31 st March 2016.
Health Visiting Service :
The Health Visiting Service leads delivery of the Healthy Child Programme (in full) for children aged 0-5 years, working in partnership with maternity services, local authority-provided or commissioned early years services,
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voluntary, private and independent services, primary and secondary care, schools, Family Nurse Partnership (FNP) colleagues and children's social care services.
The Health Visiting Service:
Works to improve the health and wellbeing of children to reduce inequalities in outcomes;
Ensures a strong focus on prevention, health promotion, early identification of needs, early intervention and clear packages of support;
Ensures delivery of the HCP to all children and families starting in the antenatal period;
Promotes secure attachment, positive parental and infant mental health and parenting skills using evidence based approaches;
Promotes breastfeeding, healthy nutrition and healthy lifestyles;
Promotes ‘school readiness’ including working in partnership to improve the speech, communication and language of babies and toddlers and working with parents to improve the home learning environment;
Works with families to support behaviour change leading to positive lifestyle choices;
Works to safeguard babies and children through safe and effective practice in safeguarding and child protection;
Develops on-going relationships and support as part of a multi-agency team where the family has complex needs e.g. a child with special educational needs, disability or safeguarding concerns;
Delivers services in partnership with local authorities to ‘troubled families’ and be ‘lead professional’ or ‘key worker’ for a child or family where appropriate. Link with work undertaken by FNP nurses to ensure seamless delivery of care to families;
Improves services for children, families and local communities through expanding and strengthening Health Visiting Services to respond to need at individual, community and population level.
Identifies and supports those who need additional support and targeted interventions, for example, parents who need support with parenting and women suffering from perinatal mental health issues including postnatal depression in accordance with NICE guidance.
The Health Visiting Teams work alongside:
Children’s Centres teams
GP’s
Midwives
Specialist Health Practitioners (School Nursing Services)
Doula Services
Peer supporters etc
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Each of the City’s Children’s Centres has a named Health Visitor Lead as does each GP surgery. The Health Visiting Team also delivers a drop-in service from child health clinics across the city (10 venues), Monday to Friday.
Health Visitors have an average case load of 230-250 Universal children, which includes approximately 30-40 children who are either Universal
Partnership or Universal Partnership Plus.
School Nursing Service:
The School Nursing Service aims to prevent ill health, promoting and protecting good health and wellbeing for children aged 5-19 and their families who are resident within the Hull City boundary. It offers children and young people a schedule of health and development reviews, screening tests, immunisations, health promotion guidance and tailored support for children and families, with additional support when they need it most.
The School Nursing Service:
Works to prevent ill health, promote and protect good health and wellbeing of children aged 5-19 years of age and their families
Supports parents to develop and sustain a strong bond with children
(5-19)
Identifies health issues early, so support can be provided in a timely manner
Assesses the health needs of individual children and young people and their families, and offer/co-ordinate appropriate packages of support
Protects children from serious disease through screening and immunisation
Promotes health in the community by working with other agencies, statutory and voluntary, in order to reduce inequalities in health
Works to safeguard children
A whole school approach that is accessible to everyone is adopted. Indirect interventions are provided for teachers and staff within schools and for other service providers.
Children and young people with special needs and their families receive ongoing support from the public health nursing team, personalised to their own needs, as required until the age of nineteen.
The School Nursing Team delivers the Service within a progressive universalism model in partnership with:
Local Authority
School and education services
Children’s Centres
VCS
Children’s Community Nursing Team etc
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A specialist team of Specialist Community Practitioners Public Health,
Registered General Nurses and others deliver the Service; School Health
Teams are based in the North, East and West of the City (Orchard Park,
Marmaduke and Longhill).
Service hours are 09.00 to 17.00 including school holidays with provision for extended hours according to need.
Each School Nurse covers 3-4 primary schools and 1 senior school within
Hull.
Injury Minimisation Service (a component of the School Nursing Service contract):
The Injury Minimisation Service (IMPs) is a health education programme delivered to 10 and 11-year olds (Year 6) jointly in the school and local hospital emergency departments. Its aim is to teach children how to recognise potentially dangerous situations and prevent injuries. The programme also equips children with first aid and resuscitation skills, helping them to respond effectively if an incident occurs.
IMPs is divided into 3 elements:
In school learning
Hospital visit
IMPs follow-up activities
The IMPs Service teaches children how to recognise potentially dangerous situations in order to prevent injuries. In addition, the programme includes first aid and resuscitation skills, helping children to respond effectively should an incident occur.
The IMPs Service:
Supports Hull primary schools to participate in IMPS, including supplying schools taking part in the scheme with appropriate support materials and resources in order to deliver the required pre and post visit lessons
Works in partnership with the local Accident and Emergency
Department of the Hull and East Yorkshire Hospitals Trust and utilise their facilities for the hospital-based element of the programme, when practicable and safe to do so. Same procedures to apply when the programme is delivered within a schools setting
Works with other agencies involved in promoting safety education to children, young people, schools, parents and local communities ie. Hull
City Council’s Road Safety Department, Humberside Fire and Rescue
Service, Network Rail, HM Coastguard etc
Ensures that the teaching element of the visit is in line with National
Resuscitation guidelines;
Co-ordinates school visit to A&E department at Hull Royal Infirmary
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Promotes the use of school based resources relating to prevention of accidents
The Service is delivered in partnership with:
Local hospital emergency department;
School and education services;
Hull Family Nurse Partnership Service:
The Family Nurse Partnership programme (FNP) is an evidence-based, preventive public health home visiting programme for vulnerable first time young mothers aged 18 (in Hull) and under, from early pregnancy until the child is 2 years old. Structured home visits, delivered by specially trained family nurses, are offered.
Families receive weekly, fortnightly or monthly visits from the same Family
Nurse throughout this time. Each visit consists of structured conversations and activities designed to improve self-efficacy, facilitate behaviour change and build parent/child attachment.
FNP aims to improve pregnancy outcomes, child health and development and parents’ economic self-sufficiency. Participation is voluntary. Women are eligible for Hull FNP if they are:
Aged 18 years or under;
Expecting their first baby;
Living in Hull.
The programme’s primary focus is the future health and well-being of the child and mother.
The FNP Service:
Ensures delivery of the core Healthy Child Programme to all children and families, starting in the antenatal period
Improves child health and development
Ensures a strong focus on prevention, health promotion, early identification of needs and clear packages of support
Identifies and support those who need additional support and targeted interventions, for example, parents who need support with their emotional or mental health and women suffering from postnatal depression
Improves parents economic self sufficiency
Work with families on positive parenting through motivational interviewing and strengths based approaches, and to support behaviour change leading to positive lifestyle choices
Develops ongoing relationships and support as part of a multi-agency team where the family has complex needs e.g a child with special educational needs or disability, or where there are identified safeguarding concerns
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Improves services for children, families and local communities through expanding and strengthening FNP services where need and opportunity are identified
The FNP Team working in partnership with:
Children’s Centres teams
GP’s
Midwives
Specialist Health Practitioners (School Nursing Services)
Doula Services
Peer supporters etc
The FNP Service is delivered by a team of trained family nurses, led by the
FNP supervisor and accountable to the local FNP Advisory Board. The Hull
FNP team have delivered the service over the last 7 years, working with over
329 clients who have been enrolled on the programme during this time.
The 7 FTE FNP nurses and Supervisor are based at Highlands Health Centre in Hull and work office hours 08.30-17.00.
Oral Health Promotion Service:
The aim of the Oral Health Promotion Service is to improve oral health, and reduce oral health inequalities, with particular emphasis on the provision of health promotion to children predominantly within the early years, primary school and community settings.
The Service complements the services provided by primary dental care service and work in parallel with rather than duplicating existing services.
The Oral Health Promotion Team of CHCP dental services co-ordinate oral health promotion activity. The main area of activity is carried out in education settings across the City. Oral health training is provided for a range of health and educational professionals.
The Oral Health Promotion Service:
Delivers the requirements of the national NHS dental epidemiology survey under the direction of the consultant in dental public health for
Hull
Provides oral health promotion programmes in pre-school and primary school settings
Delivers promotional events
Oral health promotion programmes focus on:
Optimising exposure to fluoride
Working in partnership to improve oral health
Improving access to both high street and specialist dental services
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The main areas of activity include:
Annual public health events e.g. No Smoking Day, National Smile
Month and Oral Cancer Action Month
Oral health training: to provide updated training in oral health for health and other professionals within an agreed annual plan
Prevention in practice: to support implementation of prevention in dental practice
Resource boxes for schools
Brush Bus: maintaining the current supervised fluoridated tooth brushing programme in schools
The service works in partnership with:
Education services
Social services
Hull and East Riding City Councils
GDPs
GMPs
Acute Trusts
Community Trusts and Community Based Healthcare providers
Mental Health Services
Leeds and Sheffield dental hospitals
University of Hull
Stop Smoking Service
NHS Commissioning Board
Public Health England
Voluntary, Community and Faith Sector etc
The core service operates Monday to Friday excluding Bank Holidays working flexibly in hours of operation to meet the outcomes of the service.
A needs assessment for oral health is available via following link; https://www.gov.uk/government/publications/oral-health-needs-assessmentfor-yorkshire-and-the-humber
5-19 Years Vaccination and Immunisation Service:
Vaccinations services are provided by CHCP via an Immunisation Team. The service also co-ordinates and supports the delivery of vaccination programmes by School Health Teams.
The overall aim of the service is to ensure the achievement of high rates of immunity from vaccine preventable diseases in 5-19 year olds.
The service delivers the immunisation programmes outlined below.
Adolescent Meningitis ACWY
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Human Papillomavirus (HPV);
Td/IPV (teenage booster).
The 5-19 Years Vaccination and Immunisation Service:
Promotes the National Immunisation Programme to eligible individuals and groups with particular reference to vulnerable groups and individuals;
Works jointly and in consultation with the 5 – 19 HCP Service;
Delivers those elements of the programme applicable to the 5 - 19 age group;
Ensures children’s immunisation services are reviewed at appropriate times and catch up opportunities are offered;
Delivers other elements of the programme to individuals who have not received them and are assessed as unlikely to access primary care services to do so;
Provides an efficient and accessible service designed around the needs of individuals and vulnerable groups.
Mobilises resources in response to planned catch up campaigns, outbreaks or emergency response as required by NHS England/ Public
Health England;
Promote and safeguard the welfare of children and young people;
Ensures effective and timely implementation of new guidelines and standards as issued.
Referrals are from GP/Practice Nurses, Health Visitors and School Nurse and for any child or young person that has outstanding immunisations, or has difficulty accessing mainstream immunisation services.
The Service works in partnership with:
5-19 Child Health Programme Teams;
Health Visitors;
Schools and education services;
Children Centres;
GP Practices;
LAC Teams;
Social Care Teams;
Children’s Community Nursing Services;
Acute, community and specialist paediatric services
NHS England Commissioning;
Public Health England etc.
The Vaccination and Immunisation Team comprises of immunisation nurses, co-ordinators, a health care assistant and administrator based at Clarendon
Health Centre; the service operates 08.30-17.00 Monday to Friday.
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Not applicable
Schedule 5 Site plans
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Not applicable
Schedule 6 Asset list
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Not applicable
Schedule 7 Contracts list
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Schedule 8 Provisional list of transferring employees
See separate attachment Schedule 8. Provisional TUPE list
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Schedule 9 Applicable policies
1. POLICIES AND PROCEDURES TO BE MAINTAINED
1.1 The Tenderer is required to have the following policy statements/procedures (these may be additional to any requirements for policies and procedures given in other parts of this agreement) and is required to monitor their implementation: i) Safeguarding and Protecting Children Policy and procedure ii) Complaints Procedure iii) Data Protection (computer and manual data and information sharing) iv) Confidentiality v) Learning and Development Policy vi) Equal Opportunities vii) Recruitment and Staff Selection Procedures viii) Managing/responding, to violent, aggressive, inappropriate and challenging behaviour ix) Health and Safety at Work Policy x) Supervision Policy xi) Lone Working Policy
This list is not exhaustive; there may be other relevant policies that the
Tenderer has in place.
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Schedule 10 Deed of guarantee
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DATED
(1) KINGSTON UPON HULL CITY COUNCIL
(2) [NAME OF THE GUARANTOR] and
(3) [NAME OF THE CONTRACTOR]
PARENT COMPANY GUARANTEE in relation to the
[#] CONTRACT(S)
201[#]
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THIS AGREEMENT is made on
BETWEEN:
201[#]
(1) [KINGSTON UPON HULL CITY COUNCIL of the Guildhall, Alfred Gelder
Street, Kingston upon Hull, HU1 2AA](herein referred to as the "Council")
(2) [THE GUARANTOR] of [ ] (Company No. [ ]) whose registered office is at [ ] (the "Guarantor")
(3) [THE CONTRACTOR] of [ ] (Company No. [ ]) whose registered office is at [ ] (the "Contractor").
WHEREAS:
(1)
(2)
The Council and the Contractor have entered into a (title of agreement) on (date)
(the 'Agreement').
The Guarantor has agreed with the Council that it will guarantee the payment by the Contractor [ (its wholly owned subsidiary) ] of any sums to be paid by the
Contractor under the Agreement and the performance of the Contractor's obligations under the Agreement subject to the provisions of this Agreement.
NOW IT IS AGREED as follows:
1. GUARANTEE
1.1 In consideration of the Council agreeing to enter into the Agreement with the
Contractor the Guarantor:
1.1.1 irrevocably and unconditionally guarantees as primary obligor and for the benefit of the Council the payment by the Contractor of all monies to be paid by the Contractor under the Agreement at the times and the manner provided in the Agreement and the observance and performance to the Council of the provisions contained or implied in the Agreement and on the part of the Contractor to be observed and performed; and
1.1.2 as a separate and severable covenant agrees to indemnify the
Council and keep it indemnified from and against all losses, costs, charges and expenses (including legal expenses) whatsoever that the
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2.
Council may suffer or incur by reason of the failure or default of the
Contractor to pay all monies to be paid by it pursuant to the
Agreement at the times and manner provided in the Agreement or to observe and perform the provisions and covenants contained or implied in the Agreement and on the part of the Contractor to be observed and performed.
1.2 The Guarantor declares and agrees:
1.2.1 to procure that the Contractor shall duly observe and perform all its obligations under the Agreement and any other agreement entered into under or pursuant to this Agreement;
1.2.2 that this guarantee and indemnity shall be a continuing guarantee and a continuing indemnity and that its liability under them shall not be affected or discharged by any indulgence or extension of time granted by the Council to the Contractor or any variation of the provisions of the Agreement;
1.2.3 that this guarantee and indemnity shall be joint and several;
1.2.4 that this guarantee and indemnity shall continue if the Agreement is extended or renewed; and
1.2.5 that in the event that the Contractor is wound up, the Guarantor shall not prove in any winding-up in competition with the Council.
1.3 Any amount not paid by the Contractor and not recoverable from the Guarantor on the basis of this Guarantee (whether because of any legal limitation, disability or incapacity on the part of the Contractor or any other matter or thing
(whether known to the Council or not)) shall nevertheless be recoverable from the Guarantor on the basis of an indemnity.
LAW AND JURISDICTION
The validity, construction and performance of this Agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit.
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THIS DOCUMENT is executed as a deed and delivered on the date stated at the beginning of this Agreement.
THE AFFIXING HERETO of the
CORPORATE COMMON SEAL of
KINGSTON UPON HULL CITY COUNCIL ) is authenticated by: )
)
)
Authorised Signatory
EXECUTED as a Deed by
[ ] LIMITED acting by two of its directors or a director and its secretary:
)
)
)
)
............................................................................................................
Director
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............................................................................................................
Director/Secretary
EXECUTED as a Deed by
[ ] LIMITED acting by two of its directors or a director and its secretary:
)
)
)
)
............................................................................................................
Director
............................................................................................................
Director/Secretary
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