Posted by: westlancashirerecord | October 25, 2018

There Are Contract Conditions And There Are Serco Conditions

Believe it or not, and having watched and reported on the Beacon Park Golf Course landfill scam as it evolved for around 5 years, WLBC  uses a “Conditions Of Contract (Works/Services)” system. Not that you would recognise it as applied if at all to the Beacon Park Golf Course “works”.

In its definitions, it includes, as the title above shows, contracts for works and services. The term ‘contractor’ shall mean the person, firm or company to whom the Purchase Order is issued. And, “The words ‘works/services’ include all works/services covered by the Purchase Order”.

In “Quality”, “The contractor  shall carry out the works/services exercising all reasonable skill, care and diligence that could reasonably be expected from a person who is properly qualified and competent in respect of the particular works/services which are the subject of this Purchase Order”. [Serco? Unqualified and incompetent in respect of Beacon Park Golf Course?]

In “Indemnity”, “The Contractor shall indemnify and keep indemnified the Council from and against any and all loss, damage or liability (whether criminal or civil) suffered and legal fees and costs incurred by the Council resulting from a breach of this contract by the contractor (his employees or agents)”.

In “Insurances” “Without prejudice to its liability to indemnify the Council the contractor shall maintain at its own cost all relevant insurances which shall include Employers Liability – £10m any one incident Public Liability – £5m any one incident Where works/services involve specification, advice or design: Professional Indemnity – £2m any one incident”.

In “Failure To Provide Works/Services”, “Where there is a breach of the contractor’s obligations under this contract incapable of remedy or the contractor fails to remedy a breach capable of remedy immediately upon being required to do so by the Council the Council may (but is not obliged to) terminate this contract”. [Serco the subject of a Breach of Conditions notice].

In “Insolvency And Bankruptcy”, “If contractor becomes insolvent [As did DTC Leisure without WLBC knowing it!] or bankrupt or (being a company) makes an arrangement with its creditors or has an administrative receiver or administrator appointed or commences to be wound up (other than for the purpose of amalgamation or reconstruction), Council may, without prejudice to any other of his rights, terminate the contract forthwith by notice to contractor or any person in whom the contract may have become vested”.

In “Fraud Etc”, “The Council may cancel this contract and recover from the contractor the amount of any loss resulting from such a cancellation, if the Contractor shall have offered or given or agreed to give to any person any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any action in relation to the obtaining or execution of this contract or any other contract with the Council. The Prevention of Corruption Acts 1889 to 1916 applies to any fee or reward the receipt of which is an offence under Section 117(2) of the Local Government Act 1972”.

In “Variations”, “The Council will be free to request any reasonable variations relating to the works/services and the contractor must comply. Valuation of those variations will be on a fair and reasonable basis”.

In “Assignment And Sub-Letting”, “The contract shall not be assigned by contractor nor sub-let as a whole. Contractor shall not sub-let any part of the work without Council’s written consent, which shall not be unreasonably withheld. Contractor shall be responsible for all work/services carried out by all sub-contractors”. [Beacon Park Golf Course landfill was sub-let/outsourced to Oakland Golf and Leisure Ltd the landfill experts at dumping rubbish while receiving royalties]

In “Progress And Inspection”, “Council’s representatives shall have the right to inspect all works/services (both complete and in progress never to be completed as at Beacon Park Golf Course ) at any reasonable time and without notice. Any inspection on behalf of Council shall not relieve contractor from any obligation under the contract”.

The “Contractor shall comply with all statutory and other provisions to be observed and performed in connection with the works/services”.

In “Freedom Of Information” “The contractor will supply forthwith any information requested by the Council in accordance with its responsibilities under the Freedom of Information Act 2000”.

In a “Transparency Clause” “The Contractor acknowledges that the Council adheres to the Communities and Local Government Code of Recommended Practice for Local Authorities on Data Transparency (“the code”) in particular but not limited to the obligation to publish data (which includes costs, Contractor Information and transaction information) on all expenditure over £500. Notwithstanding any other term in this agreement/contract the Contractor hereby consents to the Council publishing this information relating to this agreement/contract with the Contractor for public inspection and the Council shall not be held liable for any loss, damage, harm or other detriment caused”.

So where, we might ask, has WLBC transparently published this information relating to this agreement/contract with the Contractor for public inspection? Answer “The information you have asked for is commercial in confidence”. Expletive deleted!

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