CONTRACT FOR LEISURE MANAGEMENT SERVICES

3rd Draft Service Specification Leatherhead Leisure Centre

March 2008

SPECIFICATION FOR THE OPERATION OF THE CENTRE 1 INTRODUCTION 1.1 Background 1.1.1 Mole Valley is principally a rural district covering an area of 258 sq. km. It is located in the

County of Surrey and its centre is 25 miles from London and 40 miles from the South Coast. The total population is approximately 79,000 of whom some 10,600 live in Dorking and 9,700 in Leatherhead, the two principal towns. There are 13 parishes in total with other key population centres in Fetcham, Bookham and Ashtead.

1.1.2 The age profile of the whole district according to the 2001 census indicates almost a

quarter of the population are of pensionable age, which is the highest proportion for any district in Surrey. 18% of the population are under the age of 16 and 43% in the 30 to retirement age range.

1.1.3 The key location of the district is reinforced by the three major roads passing through the

Mole Valley, the M25, A24 and A25. Gatwick Airport is a 20 minute drive and Heathrow a 40 minute drive. There are two main railway lines providing services to London and Horsham, Reading, Redhill and Gatwick Airport. A local service runs between Leatherhead and Guildford. Mole Valley has very high levels of car ownership, nearly 50% above the national average.

1.1.4 The industrial and commercial development within the district of the Council has been

particularly strong for professional and service related industries. In particular growth since 1981 has provided a strong emphasis on firms engaged in research and development and high technology/knowledge-based industries at Leatherhead.

1.1.5 The Leatherhead Leisure Centre site is located just outside the town centre on the

Guildford Road. The Leisure Centre with the surrounding land provide the largest and most important recreational and sporting facility provided by Mole Valley District Council.

1.2 The Centre 1.2.1 A plan and dimensions of the Centre are included in Appendix A. 1.2.2 The Leatherhead Leisure Centre consists of the following main facilities, all

measurements are approximate: Indoor Main Pool 25m x 12.5m deck level (6 lanes) with depths from 1m to 2m

Teaching Pool 12.5 x 7.5m with depths from 600mm to 900mm, with steps Diving Pool 11m x 8.8m with depth of 3.4m and 1m springboard and 3m fixed platform

Main Hall 29m x 26.5m 7.55m high (6 badminton courts) Mole Barn 33m x 18.5m x 4m high (4 badminton courts) and viewing area

Indoor Bowls Hall 34.7m x 19.4m (4 rinks) plus changing accommodation, small meeting room and kitchen area

Squash Courts x 3 Crazy Tots Children’s Indoor Play Area

Tone Zone Fitness Suite, consisting of split level gymnasium (345m2) with cardiovascular equipment upstairs and resistance equipment downstairs, (approximately 80 stations)

Sauna Suite (141.6 m2) with sauna, 2 solaria, relaxation area, sports injury clinic and beauty treatment area

Tylney Room 16.5m x 19m x 3.8m high Clubroom/Creche 14m x 8m x 3m high Clubroom 14m x 10m x 3m high Mariners Suite 23m x 13m x 3m high Cafeteria, overlooking the pool hall Mole Hole Bar Offices/Training Rooms Two reception areas

Changing and other secondary accommodation including first aid, storage, staff and plant rooms

Outdoor 3 tennis courts

Grassed areas and pitches for informal and formal sporting and recreational use, including for football (one full and one half sized football pitch), outdoor volleyball and events, for example.

Outdoor pavilion, storage cabins and other storage areas.

The Contract also includes the management of an Artificial Turf Pitch 105m x 64m, located at Therfield School, Leatherhead. The community use of the pitch will be managed by the Contractor, according to the conditions outlined in paragraphs 3.20. Tenderers are asked to identify the cost implications of including the management of the pitch separately in their bid.

The Centre also includes relevant plant, storage, staffrooms, offices, kitchen, foyer, toilets and changing accommodation as shown on the plans in Appendix A. Free public car parking with 320 spaces is provided in the top car park, and 63 spaces in the bottom car park, plus a small staff car park. The Council reserves the right to let up to 60 spaces as contract car parking as we see fit, with no recompense to the Contractor. Although not part of this Management Contract the Contractor should note that there are a number of organisations located on the land adjoining the Leatherhead Leisure Centre with vehicular and pedestrian access rights including:

- Leatherhead Cricket Club; - Leatherhead Gymnastics Club; - Leatherhead Football Club; and - St John Ambulance hut.

Further information on access rights to the Centre and adjacent land is included in Appendix B. St John’s Ambulance hut is at present used by the Centre for storage. This does not affect St John’s access rights or option to use the hut in the future, and the Contractor shall be required to make alternative arrangements for storage in this eventuality at no additional cost to the Council.

1 THE PHILOSOPHY AND THE SERVICE 1.1 The Service 1.1.1 The Service is to be provided for Contract Period subject to the relevant provisions of the

Conditions of Contract.

1.1.2 The primary objective of the Service to be delivered by the Contractor is to market and operate the Centre successfully and to a high standard and to offer a wide range of activities and services to the local community and all Customers.

1.1.3 The Contractor shall actively encourage the optimum use of the Centre. The Contractor

shall allow all members of the public entrance to the Centre and the use of its facilities in accordance with the provisions of the Contract, provided there is no medical reason or reason of public disorder to prohibit admission. Membership at the Centre shall not be exclusive. All facilities shall be available for use on a "pay as you play" basis to members and non-members alike. All publicity and advertising material shall make it clear that these arrangements for use of the Centre's facilities apply.

1.2 Policy and Philosophy 1.2.1 The Council is committed to the provision of a quality service to all users of its leisure

facilities. The Council wishes to ensure that the Contractor is fully aware of and committed to the Councils policy and philosophy for equitable leisure provision in the District, through a coordinated, effective and efficient leisure and community service. In particular the Council emphasise that they wish to work with a Contractor who will commit to the highest standards of service delivery and care for the Centre and Customers and who will show flair and creativity in their operation, working with the Council and other providers.

1.2.2 The Contractor shall provide the Service in accordance with the Councils present and

future policies and reflect their understanding of the Councils philosophy and strategic objectives in the Operational Strategy.

1.2.3 The Council recognises that leisure is central to every individuals quality of life. Through the

services directly and indirectly provided and enabled by it the Council seeks to ensure that each member of the community has the opportunity, both as an individual and as a member of their community to achieve their potential, to pursue and develop their interests and to experience a sense of enjoyment, personal fulfilment and social well-being.

1.2.4 The Council has clearly defined their aims and objectives for the provision of leisure

services suitable for people of all ages, abilities, needs and interests in its district. 1.2.5 The Centre plays an essential role in the delivery of these objectives and the Service must

link into the current and future strategic objectives. The Contractor shall liaise closely with the Council’s Leisure Services Department and with other community groups, forums and organisations to contribute to the achievement and review of the strategy and Council aims and objectives.

1.2.6 The changing nature of leisure provision and the measured needs of the people of the

district shall influence the policy decisions of the Council. The Council reserves the right to change these and any other policies (eg. by introducing a Leisure Card) by issuing the Contractor with at least three months notice in writing. If such a policy change materially affects the income and expenditure at the Centre, whether by way of an increase or decrease, an appropriate adjustment to the Concession Fee shall be made, in accordance with the Contract Conditions.

1.2.7 The Contractor shall produce an Operational Strategy for the Centre which satisfies the

following requirements:-

(a) Policy and philosophy

(i) the Contractors mission statement for the Centre (ii) Customer commitment policy

(iii) equal opportunities statement (b) Fees and charges

(i) proposed fees charges and prices reflecting the Core Charges where

relevant (ii) details of any marketing and membership schemes (iii) Programme and links with the community (iv) details of any marketing and membership schemes

(c) Programme and links with the community

(i) the programme and opening hours for each area of the Centre (ii) evidence that the programme meets the needs of target and minority interest

groups (iii) evidence that the programme meets the Councils objectives for the Centre (iv) proposals for working with the Sports Development Officer and other facility

providers

(d) Customer focused service provision (i) programme for implementation of a Quality Management System

(ii) Customer comment and complaint procedure (iii) evidence of how changing Customer expectations and interests are

measured and acted upon (iv) review and development of the Service

(e) Catering and vending

(i) provision of the catering and vending service including opening hours and

the service provided (ii) sample menus and prices

(f) Marketing (i) marketing plan including comprehensive Customer research programme (g) Staffing

(i) organisational structure (ii) staff structure (iii) levels of delegated authority (iv) minimum levels of qualifications and experience for each position (v) staff training and assessment plan including details of the nature and

frequency of Customer commitment training

(h) Health and Safety

(i) health and safety policy (ii) staff training (iii) emergency action plan

(i) Maintenance

(i) general maintenance programme (ii) planned preventative maintenance programme

(j) Performance Indicators

(i) additional performance indicators (ii) targets for performance indicators

2.2.8 The Operational Strategy shall reflect the Councils key objectives and, once approved by

the Client Officer (which approval shall not be unreasonably withheld and shall be secured by the Contractor in final form at least two months before the Commencement Date), shall be the basis on which the Contractor shall provide the Service. The Operational Strategy shall be reviewed and updated with the Client Officer on an annual basis at each Contract Review. The implementation date for the updated and revised Operational Strategy shall be one calendar month after the Contract Review, unless an alternative date is agreed in writing by the Client Officer.

2.3 Improvement Development and Expansion of the Service 2.3.1 The Contractor shall explore opportunities to improve, develop and expand the Service in

accordance with the policies, philosophy and strategies of the Council, their own experience and the need to meet changing Customer demands. Leisure provision is not a static service and the Contractor shall demonstrate through an active management approach a thorough appreciation of how the Service shall be reviewed and developed on a regular basis.

2.3.2 In particular the Contractor shall identify at annual Contract Reviews throughout the

Contract Period:

(a) how the Service to the Customer can be improved;

(b) how changing Customer expectations and interests are being measured and the outcomes acted upon;

(c) how capital investment by either party in the short, medium and long terms in

existing or new facilities would increase the opportunities available and the cost effectiveness of the Service; and

(d) how developmental work requiring a partnership approach with the Client Officer

and other agencies will be encouraged to improve the Service. 2.3.3 The Client Officer shall keep under review any opportunities to improve, develop and or

expand the facilities to be operated under the Contract. Any opportunities identified either by the Council or by the Contractor shall be fully discussed between both parties and any financial or resource implications negotiated and formally agreed in writing with the Client Officer prior to any change taking place or determined in accordance with the Conditions of Contract.

2.3.4 The Client Officer reserves the right to curtail any form of activity that is not in accordance

with the policies of the Council, to advise the Contractor of the final decision by the Council concerning any proposed changes to the Service and to require the implementation of improvements or expansions in accordance with the Conditions of Contract.

2.4 Quality Management System 2.4.1 The Contractor shall provide at all times a quality service and shall be required to develop

and implement within 30 months of the Commencement Date (if it does not already have in

place) a Quality Management System that is certified to comply with the requirements of Quest or is otherwise acceptable to the Client Officer.

2.4.2 The purpose of a Quality Management System is to ensure that all services and products

meet Customer expectations and specified requirements consistently. It clearly places the onus on the Contractor to plan, manage, monitor and deliver a quality service with documented evidence.

2.4.3 The Client Officer shall have open access to the documented system and the quality

records from the Commencement Date. 2.5 Customer Commitment 2.5.1 The Contractor shall ensure that at all times all Customers are treated with politeness,

courtesy and respect by all members of the Contractors staff. Any enquiries, suggestions or complaints must be acknowledged and dealt with promptly and politely.

2.5.2 The Contractor shall have a Customer commitment policy as part of the Operational

Strategy and shall operate it subject to such amendment as may be approved or reasonably required by the Client Officer.

2.5.3 The Contractor shall regularly consult with Customers and shall design and implement prior

to the Commencement Date a Customer comment and complaints procedure. All comments and complaints shall be recorded by the Contractor clearly indicating the nature of the comment or complaint, when and how it was dealt with at the time and the subsequent action taken. This information shall be made available to the Client Officer on request.

2.5.4 Any complaint that cannot be dealt with by the Contractor to the satisfaction of the

complainant shall be referred in writing to the Client Officer within three days. The Contractor shall comply with any reasonable request from the Client Officer to facilitate an investigation into the complaint. The Contractor shall comply with any reasonable request from the Client Officer to deal with the complaint raised.

2.5.5 The comments and complaints procedure shall be available to Customers and shall

indicate how complaints are handled and recorded. The name and address of the Client Officer to whom reference can be made in the event of complaints and suggestions which, in the opinion of the complainant, have not been dealt with satisfactorily by the Contractor shall be displayed in a prominent position in the entrance area of the Centre.

2.5.6 In the event of an enquiry by the Local Government Ombudsman, the Contractor shall be

required to comply fully with the requirements of the investigation. 2.6 Contract Management 2.6.1 To ensure both the Council and the Contractor are able effectively to fulfil their roles the

Council shall positively manage the Contract and shall measure the performance of the Contractor. Positive contract management shall ensure that the expectations of the Customer, Contractor and Council are met and developed and the Contractor shall actively assist and contribute to this process.

2.6.2 Prior to the Commencement Date the Contractor shall work with the Council to produce and

implement a joint client and contractor code of practice. This shall describe how they will work together and ensure that there is a common understanding between the parties and the individuals involved.

2.6.3 The Council believes that integral to successful contract management is the client and contractor relationship and reporting procedures. Clear and known lines of communication, responsibility and authority must be established at the start and common reporting procedures agreed. The Contractor shall be expected to maintain an open and positive dialogue with the Client Officer over all matters pertaining to the performance of the Contract. The frequency of this dialogue shall be dictated by the prevailing circumstances.

2.6.4 Scheduled meetings between the Client Officer and the Contractor shall take place at the

Centre to discuss operational and Contract matters on a minimum of a monthly basis. Attendance at Monthly Meetings shall be required by the Contract Manager and Centre Manager and other staff appropriate to the meeting agenda. A formal agenda for, and minutes of, Monthly Meetings shall be circulated by the Client Officer.

2.6.5 Additional meetings to discuss particular areas of service delivery with staff of an

appropriate level or specialism in attendance may be called by the Client Officer or Contract Manager at any time.

2.6.6 In addition the Contractor shall attend and contribute to (as a minimum) an annual Contract

Review, with a Contract Review after six months in the first Concession Year. The Contract Review shall be concluded within one month of the anniversary of the Commencement Date, or by such later date as the Client Officer shall agree. The purposes of the Contract Review are:-

(a) consider strategically the future development of the Service;

(b) discuss the performance of the Contractor in the previous year and to assess levels of Customer and Client Officer satisfaction;

(c) identify any anomalies that exist or changes that are required within the

Specification (the changing nature of any service shall mean that the Specification may well need to be improved and modified to continue to provide the Service as required, preferably without penalty to either party);

(d) review the Contractors Operational Strategy and Marketing Plan; and (e) discuss any other matters that affect the performance of the Service. 2.7 Mole Valley District Council 2.7.1 The Contractor (including their director(s), the Contract Manager and the Centre Manager)

shall attend meetings of the Council or other meetings of members on request. It is expected that meetings at which attendance is required shall be not more than once per quarter.

2.7.2 The purpose of the meetings shall be to contribute to the review by the Council of the

operation of the Centre and the Contractor shall report on the activities, events and usage of the Centre, performance against the Performance Indicators and success in meeting the agreed targets.

2.7.3 For the avoidance of doubt the conditions of this section will also apply to any committee,

group or panel which replaces, or is for the time being charged with responsibilities in relation to the Centre by the Council.

2.8 Monitoring of Performance 2.8.1 In addition to checking quality records of the Contractor, regular inspections shall take

place at the Centre at a frequency to be determined by the Client Officer. Such visits shall

be made on a random basis without prior arrangement by or on behalf of the Client Officer. The Client Officer shall inform the Centre Manager of their presence at the time of arrival, and an appropriate member of the Contractors staff shall accompany the Client Officer on their inspection.

2.8.2 When inspections require the presence of the Contract Manager, Centre Manager or other

appropriate staff the Contractor shall be notified a minimum of 48 hours in advance. 2.8.3 The Council anticipates utilising a checklist approach to on site inspections to measure the

performance of routine matters and daily operational standards of service provision. The Council recognises that this approach is of value as part of the overall contract management and not as the sole method of performance measurement. Where possible this approach shall be consistent with the Contractors quality checklists.

2.8.4 The Contractor and the Contractors staff shall assist the Client Officer in any way requested

to perform the site inspection, unless their involvement would have a detrimental effect on the performance of the Service.

2.8.5 The Client Officer shall have access to all the Contractors records for the purposes of

monitoring performance. 2.9 Performance Indicators 2.9.1 An essential part of contract management for both parties is to actually measure

performance. The Contractor shall produce performance returns based on Sport England's performance indicators or such other appropriate performance indicators as the Client Officer may determine within ten working days of the end of the time period to which they refer.

2.9.2 The Performance Indicators will reflect the desire of the Council to work with the Contractor

to ensure the Centre is well known, respected and used as well as to influence and increase the number of users from particular categories of the community.

2.9.3 Performance Indicators shall be reviewed and updated in consultation with the Contractor

at each Contract Review. 2.9.4 In addition the Contractor shall supply all information necessary to enable the Audit

Commissions performance indicators to be published. 2.10 Management Information 2.10.1 The Contractor shall supply the financial and management information as set out in the

projected expenditure income and usage schedules included in their tender to provide the Service and such other information as the Client Officer shall reasonably require. The Client Officer reserves the right at any time to ask for additional financial and management information. Unless otherwise specified, the Contractor shall supply information on a monthly basis and shall produce quarterly and annual summaries of such information and an annual report in a format approved by the Client Officer.

2.11 The Contractor shall provide and use a computerised booking and management

information system approved by the Client Officer. All information technology shall be provided, operated and maintained at the Contractors expense. The Contractor may recommend improvements to the booking and management system at Contract Review.

2.12 The Contractor shall maintain such accounting records as are necessary to provide the

Client Officer with a monthly statement of income and expenditure. The statement shall be

prepared in accordance with the Standard Form of Accounts of the Chartered Institute of Public Finance and Accountancy or such other form as may be agreed with the Client Officer.

2.13 The Contractor shall be required to maintain accurate records of usage, including the full

breakdown of all usage figures by activity and by area on a weekly basis. The Contractor must obtain the approval of the Client Officer to the format for the provision of data on all statistics prior to the Commencement Date.

2.14 The Contractor shall on request provide the Client Officer with a list of schools who use the

Centre, showing the number of children who attend from each school and the dates and times of attendance.

2.15 The Contractor shall on request provide the Client Officer with a list of clubs and other

organisations who use the Centre, showing club attendances and the dates and times of attendance.

2.16 The Contractor shall on request provide the Client Officer with a list of courses organised,

showing courses attendance and the dates and times of attendance. 2.17 The Contractor is required to keep daily and weekly financial and management information

which may be requested by the Client Officer at any time. 2.18 The Contractor shall ensure that records include levels of sickness, holidays, training and

absenteeism. The records shall be produced to the Client Officer on request. 2.19 The Contractor shall distribute for completion such Centre related questionnaires as the

Council may require. This shall be undertaken at no additional cost to Council and copies must be provided to the Client Officer.

2.20 The Contractor shall assist the Council with any market research at the Centre as required

at no additional cost to the Council. 2.21 All management information and records, including, if appropriate, booking sheets shall be

kept for at least a six year period. All written records shall be in ink. All computer data shall be backed up daily and the storage medium stored in a secure and fireproof container and a copy of the data shall be supplied to the Client Officer at the end of the Contract Period or upon request.

3 FACILITY OPERATIONS 3.1 Core Opening Hours 3.1.1 Except as required in the following provisions of this section of the Specification the

Contractor shall ensure that the Centre is open to the public and available for use daily as follows:-

(a) Monday and Friday 0800-2230 (b) Tuesday, Wednesday and Thursday 0700-2230 (c) Saturday and Sunday 0800-2030

3.1.2 The Contractor shall ensure that sufficient time for changing and clearing away is provided

within these core hours. Staff will be in the Centre at least 30 minutes prior to opening to allow pre-opening procedures to be carried out.

3.1.3 Any changes to these core hours shall only be made with the prior written approval of the Client Officer.

3.1.4 The Contractor shall ensure that opening hours are prominently displayed at all times for

the public to see outside and inside the Centre. 3.1.5 Following any agreement of the Client Officer to amend opening hours the Contractor shall

make the following arrangements in respect of notification:

(a) a minimum of seven days notification be given to Customers;

(b) posters shall be displayed in prominent positions within the Centre and other Council leisure facilities and public buildings;

(c) displaced regular Customers shall be notified in person with a minimum of ten days

prior notice where significant changes occur;

(d) advertisements shall be placed in the local papers, giving notification of the changes.

3.2 Bank Holidays and Christmas Eve 3.2.1 With the exception of Christmas Day and New Years Day, the Contractor shall open the

whole Centre on all Bank Holidays for a minimum of seven hours per day to suit Customer requirements and as agreed in advance by the Client Officer. The Contractor may open on Christmas Day and/or New Years Day with the prior consent of the Client Officer. The Centre shall open for a minimum of 5 hours on Christmas Eve.

3.3 General Programming 3.3.1 The programming of activities at the Centre is of critical importance for the provision of a

valued service and to ensure that the opportunities that are provided reflect the philosophy, strategy and objectives of the Council.

3.3.2 The Contractor shall be responsible for developing the programming of all activities at the

Centre within the Operational Strategy according to the parameters set out in this Specification.

3.3.3 The Contractor shall operate the programme of use in the approved Operational Strategy

unless otherwise agreed by the Client Officer. 3.3.4 The programme shall reflect the needs of the local community and provide a varied and

balanced range of opportunities for individuals and groups to progress according to their interests and abilities and for:

(a) people of both sexes;

(b) people with a disability; (c) all age groups; and (d) persons of all abilities.

3.3.5 The Contractor shall ensure that the programme for each area of the Centre reflects

changing trends and Customer expectations and is innovative, imaginative and progressive, taking into account the findings of Customer and market research carried out.

3.3.6 The sporting programme shall provide the full range of opportunities in the form of casual

use, courses from beginner to advanced, regular bookings from clubs and organisations,

weekly session activities, educational use, leagues and special "one off" and prestige sporting events, promoted by the community at large and by the Contractor.

3.3.7 The Contractor shall ensure that during all school holidays an appropriate holiday

programme of activities for children, young people and families is provided. 3.3.8 A wide variety of different sports, as recognised by Sport England, shall be accommodated

and provided for within the programme. Where a proposed activity is not a sport recognised by Sport England the Contractor shall obtain the prior written approval of the Client Officer before including it in the programme.

3.3.9 In the event of industrial action, the Contractor shall seek approval from the Client Officer of

proposals to maintain the Service. 3.4 Sports Development 3.4.1 The Contractor shall have responsibility for sports development at the Centre. The

Contractor shall ensure that the developmental aspects of the programme are agreed with the Client Officer and shall form a valued, complementary and successful part of district, and where appropriate, county wide sports development programmes. The Contractor shall liaise regularly with other facilities, organisations and teams.

3.4.2 The Contractor shall, as part of the development of the programme and of the Service,

identify a Centre based Sports Develop Officer who will work in partnership with the Councils Sports Development Officer to produce and implement a Sports Development Plan for the Centre for each Concession Year. This plan shall cover a twelve month period, with built in periods of review, and shall be subject to the approval of the Client Officer. The Sports Development Plan shall be comprehensive and well researched and shall require the dedicated time of members of staff. The exact content of the plan shall be decided through discussion between the Client Officer, the Councils Sports Development Officer and the Contractor but as a minimum shall consider the provision of new and existing sporting opportunities and events for those groups highlighted in the following paragraph, and for a wide range of sports from a foundation level to performance level, and to an excellence level where possible. The Contractor shall consult with a range of relevant local, regional and national sport and community organisations upon the Development Plan.

3.4.3 The Councils emphasis on providing a range of equitable opportunities has highlighted the

under representation and special requirements of particular sections of the community. The Contractor shall provide specifically targeted opportunities and events for the following groups:

(a) People with disabilities; (b) The 60+; and (c) Children and Young people (under 18 years old)

3.4.4 The Contractor shall for each of these groups: (a) carry out a range of actions, events and initiatives to increase participation;

(b) develop the programme, other initiatives and partnerships to ensure that there are adequate pathways through the sports development continuum, including opportunities for coaching development;

(c) measure success against the non-financial Performance Indicators; and

(d) measure and meet target admissions. 3.4.5 The Contractor shall not only cater for these groups within their own programme but shall

positively encourage and support all the clubs, groups and community organisations that use the Centre to improve their accessibility to all sectors of the community. In particular, the Contractor shall work with clubs and other providers to expand the provision of opportunities to include juniors, youths, adults and veterans and for people with a disability. Where appropriate legitimate concessions from the Contractor may be used to encourage this provision at no additional cost to the Council.

3.4.6 The Contractor shall support and encourage reasonable club use of the Centre including

the creation of club identities linked to the Centre. 3.4.7 The Contractor shall accommodate at no cost the following minimum use of the facilities to

deliver the Sports Development Plan which shall be agreed with the Client Officer at each Contract Review;

(a) Swimming pools (combined): 400 hours per annum (Ave 50 wks x 8 hrs) (b) Sports Hall (4 courts): 400 hours per annum (Ave 50 wks x 8 hrs) 3.4.8 Three meetings per annum shall be held between the Contractor and the Councils Sports

Development Officer at which the Contractors implementation of the Sports Development Plan shall be reviewed. The Contractor shall work in partnership with the Council's sports development staff or organisers to ensure the smooth running and the successful incorporation into the Centres programme of sports development activities or events.

3.5 Arts Development 3.5.1 The Contractor shall show a commitment to invest in arts activity. The Contractor shall be

sympathetic to partnership projects to be developed with the Council’s Arts development Officer and various other agencies that provide arts activities.

3.5.2 As a minimum, the Contractor shall include arts projects for young people during holiday

periods, giving young people the opportunity to participate in creative arts projects outside a school environment.

3.5.3 The Contractor shall also use his best endeavours to hold arts workshops and events at the

Centre which would encourage local people who would not normally visit arts centres and venues to participate in arts activity, thus attracting a new client-base and income and maximising the resources and potential of the Centre.

3.6 Educational Use 3.6.1 The Contractor shall encourage the use of the Centre by local educational establishments

and shall, wherever possible, accommodate their requirements in relation to the use of the Centre to meet the requirements of the National Curriculum.

3.6.2 The Contractor shall maintain a positive relationship with local educational establishments

and shall ensure that the appropriate links and opportunities are in place and sufficient information available to encourage young people and educational establishments to participate in the activities and opportunities provided.

3.7 Health Promotion and GP Referral 3.7.1 The Contractor shall work with the local health providers and other facilities in the area to

develop a GP referral scheme. The scheme shall be linked primarily, but not exclusively, to the gym/fitness suite facilities and shall be developed in close co-operation with the Client Officer. A planned timetable and detailed written proposals outlining how the scheme shall be developed shall be put forward at least two months before the Commencement Date for the approval of the Client Officer.

3.8 Free Access 3.8.1 The Contractor shall accommodate free use of the Centre by members of the Surrey "Free

Access for National Sports People" (FANS) scheme, the Free Access for County Sports People (FACS) scheme, the free access for families and service men resident at Headley Court and Mole Valley Leisure’s Complimentary Users Scheme.

3.9 Special Events 3.9.1 Special events are defined as sporting competitions that take place on an infrequent basis

and provide an attraction additional to the regular programme, being accessible to the general public either for no charge or on payment of an appropriate fee.

3.9.2 The Contractor shall provide a varied programme of special events to optimise the use and

profile of the Centre within the following guidelines:

(a) the events programme shall reflect the diversity of interests and demand from Customers;

(b) sporting events of a district, county or regional status shall be encouraged;

(c) any events that take place shall have due regard for the objectives of the Centre and the Council; and

(d) whenever possible, events shall take place at times and on days where the

minimum possible disruption to the existing programme and users shall occur. 3.9.3 The Contractor shall accommodate, wherever reasonable, the requirements of existing

meetings and events previously held at the Centre. 3.9.4 From time to time, the Council may require the use of the Centre for special events and

promotions. The Contractor shall make the Centre available for such events, subject to previous bookings. The dates and times required shall be agreed a minimum of 28 days in advance with the Contractor and payment made by the Council at the appropriate rate.

3.9.5 The Contractor shall note that the Chairman of the Council shall have use of the Tylney

Room and the Mariners Suite on one occasion during each Contract Year for the Chairman’s Reception or other event. The Contractor shall accommodate this booking, subject to availability upon request.

3.9.6 The Contractor shall give reasonable assistance to those individuals and teams

representing the Mole Valley in the Surrey Youth Games including the use of facilities for training at off peak times at concessionary charges.

3.10 The Swimming Pools 3.10.1 The swimming pools programme applying on and from the Commencement Date shall be

based upon the existing pools programme provided in Appendix C. 3.10.2 The Contractor shall throughout the Contract Period provide a balanced programme of

pools use which reflects Customer expectations, seasonal trends and school holidays, and which shall include as a minimum:

(a) shared use of the main pool by educational establishments within the district of the

Council in line with that in operation at commencement of the Contract Period;

(b) the provision of a comprehensive range of swimming lessons for a wide range of abilities;

(c) programmed time for Leatherhead Swimming Club and other clubs (as a minimum

the time currently allocated); (d) private hire of part of the main pool by other clubs and organisations;

(e) the provision of a range of sessions for different user groups including early-morning swimming, adults only, over 50s, retired and ladies recreation sessions, lane swimming, aqua aerobics, fun childrens sessions with inflatables and family sessions; and

(f) recreational swimming open to all users.

3.10.3 Shared use of the main pool wherever possible is to be encouraged where the activities are

compatible. 3.10.4 The Contractor shall accommodate the following gala bookings in each Contract Year:

(a) the BT swimathon in the main pool between 1730 and 2200 once a year; and

(b) school galas, subject to booking and by mutual agreement.

3.10.5 The Contractor shall ensure that at all times one or more of the swimming pools are open

for public swimming the swim reception area is open and adequately staffed for the whole period the pool(s) are open.

3.11 The Sports Hall 3.11.1 The Sports Hall, with markings including for six badminton, one basketball, one netball and

two volleyball courts, plus cricket nets and a trampoline hoist is available to be used for a wide variety of sporting activities and events. The priority use of the hall at all times shall be for sport and sports related activities.

3.11.2 The Sports Hall programme shall reflect a balance of uses in which the existing levels of

casual play and pay use at evenings and weekends, as shown in Appendix C, shall be maintained. Where shared use of the hall occurs only compatible activities shall be programmed together.

3.11.3 The Contractor shall accommodate the existing space and time for the following users of

the Sports Hall:

- Mole Valley Juniors Badminton Club; and

- Existing educational use as per Appendix C.

3.11.4 A wide range of other block bookings are currently accepted for the Sports Hall, as per the existing programme in Appendix C. The Contractor shall for the first Contract year accommodate such bookings, or offer a reasonable alternative, where such bookings are accessible to any paying member of the public.

3.11.5 The Contractor shall allow for the use of the Sports Hall by the Council, if required, for

Elections and Election Count purposes from 1200 onwards on the first Thursday in May each year, and at any other time at the request of the Client Officer. If necessary, the Contractor shall use his best endeavours to negotiate the release of the Sports Hall from any contracted hiring to enable it to be made available on the dates requested, at no additional cost to the Council. The Contractor shall note the appropriate clause in the Conditions of Hire, Appendix D, which shall be implemented if required.

3.11.6 The Council shall pay the standard hire rate for the use of the Sports Hall on each and

every occasion it is required for election purposes. 3.11.7 The Centre is a designated rest Centre and may be used during an emergency situation.

Any recompense to the Contractor will be agreed between the Client Officer and Contractor.

3.12 The Mole Barn 3.12.1 The Mole Barn is available to be used for a wide variety of uses including casual public

sports use, private and club sports bookings, birthday parties, shows, functions, exhibitions, sporting and non-sporting special events and competitions.

3.12.2 The Mole Barn programme shall reflect a balance of uses in which its use as a sporting

facility shall be the priority. The following sports shall be accommodated within the programme as a minimum:

- netball; - basketball; - short tennis; - five-a-side football; and - badminton.

3.12.3 The Contractor shall honour the following club bookings shown in the existing programme

Appendix C.

- Mole Valley Short Tennis Club. 3.12.4 Any reduction or change to the existing time and space allocation for netball, basketball or

short tennis shall be agreed with the Client Officer prior to its confirmation with the relevant club.

3.12.5 The Contractor shall actively encourage the use of the Mole Barn for non-sporting and

sporting events and competitions. All other events that take place Monday to Saturday that disrupt the existing programme and users shall require the prior agreement of the Client Officer.

3.13 Bowls Hall 3.13.1 The Indoor Bowls Hall is managed by the Mole Valley Indoor Bowls Club under an

agreement with the Council. Appendix E. The Contract is not responsible for the

programming of the bowls hall but shall ensure that the terms of the agreement for casual public use are met by the Bowls Club. The Contractor shall immediately notify the Client Officer of any breach in the terms of the agreement by the Bowling club. The Bowls Club currently allow casual public use of one rink each Sunday between 1130 and 1330 and at other reasonable times by prior arrangement subject to availability.

3.13.2 The Contractor will ensure that the time available for casual public use of the Bowls Hall is

included in the promotional literature of the Centre. 3.13.3 The Contractor shall allow access to the Bowls Hall by a mobile shop, managed by

Bowlswear Direct, for the Contract Period as part of a sponsorship arrangement by Mole Valley Indoor Bowls Club.

3.14 Squash Courts 3.14.1 Three squash courts are currently available. The squash court programme shall reflect a

balance of users and shall include as a minimum:

(a) casual public use;

(b) courses and tuition for adults and juniors, from beginners to performance level provided by the Contractor;

(c) club use and private bookings which shall not exceed 40% of available time

between 1730 and 2230, Monday to Friday; and

(d) educational use. 3.14.2 The Contractor shall continue to provide three courts to be available for booking for 45

minute time slots and one court to be available for booking for 30 minute time slots. 3.14.3 The Contractor shall honour all existing club and educational bookings as per the existing

programme Appendix C. 3.14.4 A squash league is presently run at the Centre. The Contractor shall continue to manage

and promote this league. 3.14.5 The Contractor shall be expected to demonstrate an innovative approach to optimising the

utilisation of the squash courts. 3.15 The Tone Zone Fitness and Sauna Suite 3.15.1 The Tone Zone Fitness Suite shall be open for mixed casual use at all times. Pre-booking

of the fitness suite is not required but advance booking shall be available for sunbed and sauna sessions.

3.15.2 The Contractor shall ensure that the Tone Zone is staffed by a receptionist and an

instructor suitably qualified, experienced and able to respond to queries and assist Customers of all the Tone Zone facilities at all times the area is open to the public.

3.15.3 The Contractor shall continue to provide appropriate Satellite Television for the users of the

Fitness Suite. 3.15.4 The Contractor shall ensure that all users undergo a comprehensive two hour induction

course taken by fully qualified instructors prior to use of the fitness suite. Induction courses

shall be programmed for a minimum of two mornings and three evenings, Monday to Friday and at least twice at the weekend.

3.15.5 The Contractor shall ensure that all users of the sunbeds are given advice on safe tanning

on their first visit. 3.15.6 The Contractor shall provide, subject to advance booking, Fitness Assessments taken by

suitably qualified instructors and personalised one to one training. 3.15.7 The Contractor shall continue the “pay as you go” management of the Tone Zone, and shall

not be permitted to introduce exclusive membership or to “brand” the facility in their company name.

3.15.8 A Sports Injury Clinic and a range of Beauty Treatments are presently provided in the Tone

Zone. The Contractor may at his or her discretion provide a Sports Injury and Beauty Service comparable to the current service.

3.16 The Tylney Room and Mariners Suite 3.16.1 The Tylney Room and Mariners Suite are multi purpose rooms available to be programmed

for organised activities and for functions, events and private hires. The current regular programme of use is provided in Appendix C. The Contractor shall provide as a minimum a comparable programme of use, honouring existing bookings.

3.16.2 Each area is self-contained, with a bar in both areas. The Contractor shall ensure that only

compatible activities are programmed to take place in the Tylney Room and Mariners Suite at any one time.

3.16.3 The Contractor shall optimise the use of these two areas by a combination of regular

Centre organised activities and events, club use and private hires. 3.17 Clubrooms One and Two 3.17.1 Clubroom One and Clubroom Two each provide a venue for a wide range of sporting and

on-sporting use. The Contractor shall as a minimum provide a programme of use comparable to the existing programme. Appendix C, and shall honour the booking of all existing Judo and Martial arts clubs, educational groups and the Leatherhead Swans.

3.17.2 The Contractor shall optimise the use of the two clubrooms by a combination of regular

Centre organised activities, club use, educational use and private hires. 3.18 Crazy Tots – Children’s Indoor Play Area 3.18.1 A purpose built children’s play area for parent supervised sessions for children of eight and

under is provided at the end of the Sports Hall. In addition the Centre contains a range of portable inflatables and soft play equipment listed in the inventory Appendix F which have been used on courts five and six during all hours the indoor play area is open.

3.18.2 The Contractor shall provide as a minimum a comprehensive programme of opportunities

for children of eight and under, based on the existing opening hours of Monday to Friday 0930 to 1630 and Saturday and Sunday 0900 to 1230.

3.19 Crèche 3.19.1 The Contractor shall provide a supervised Crèche on a minimum of five weekday mornings

for a minimum of two hours on each day. The Contractor shall be encouraged to consider

additional Crèche provision in both the mornings and afternoons, at no additional cost to the Contract, where this would enable an increased level of participation by parents with young children.

3.20 Artificial Turf Pitch 3.20.1 The agreement for the management of the Therfield School floodlit artificial turf pitch is

attached at Appendix G. 3.20.2 The Contractor shall be responsible for the management of the pitch outside the school’s

core time, in accordance with the agreement. The Contractor shall note that the site is some distance from that of the Leisure Centre, and that appropriate off site arrangements, such as staffing, will need to be taken into account and developed.

3.21 Tennis Courts 3.21.1 The programme for the Tennis Courts shall reflect a balance of uses in which casual use

shall be the priority. The Contractor shall optimise the use of the courts for:

(a) casual use; (b) educational use; and

(c) coaching courses, particular for young people. 3.22 Football Pitches 3.22.1 The Contractor shall ensure that the optimum use of the football pitches is made. Existing

hirers shall have priority bookings for matches on a Saturday and Sunday between September and April and one evening a week for training.

3.23 Grassed Areas 3.23.1 The Contractor shall allow the public access free of charge to the informal grassed areas

and the football pitches, when they are not in use for occasional holiday activities, one-off events, private hires and outdoor volleyball. Local by-laws apply.

3.24 Catering, Bars and Vending 3.24.1 The catering, bar and vending services form an integral part of the overall provision of the

service. The Contractor shall operate such services to a high standard to ensure that they positively enhance the reputation of the Centre.

3.24.2 The Contractor shall be responsible for the whole of the catering, bar and vending services

to be provided at the Centre (except where self-catering by Customers is expressly permitted in this Specification) and for meeting the following policy and service objectives in connection with them:

(a) to ensure that the catering and bar services link with and enhance the activities and

programme of the Centre and positively contribute to the total Customer experience; (b) to provide a high standard of food and beverages at prices that are comparable with

other local food and beverage providers and as an appropriate adjunct to the full range of activities, events and happenings that take place at the Centre;

(c) to maximise Customer utilisation of the services;

(d) to respond positively to and lead changes in Customer preference for food and

beverage services; and (e) to reflect the current trends towards healthy eating in the selection of food and

beverages available to Customers and to cater for those groups who have special dietary requirements, including vegetarians.

3.24.3 The Contractor shall ensure that the marketing and promotion of the catering and bar

services are included within the Marketing Plan in the Operational Strategy. The maximum use of the catering and bar facilities by Customers of the Centre, from casual trade and for special functions shall be encouraged.

3.25 Description of Catering, bars and Vending Services 3.25.1 The Contractor shall provide a full range of catering, bar and vending services including:

(a) cafeteria services providing a wide range of hot and cold snacks, confectionary and beverages;

(b) bar services providing high standard alcoholic and non-alcoholic beverages; (c) vending services providing a range of hot and cold beverages, snacks and

confectionery; and (d) other catering services including the highest standard of catering and bar services

for special events, shows, private functions, weddings, banquets, conferences, bowls teas and children’s parties, for example.

3.25.2 The Contractor shall obtain and comply with the terms of all licences necessary to provide

the bar services. 3.25.3 The Contractor shall at least two months prior to the Commencement Date submit for the

approval of the Client Officer detailed proposals for the use, opening hours, service and range of goods to be provided, which shall include the following as a minimum:

(a) a staffed cafeteria service in the main cafeteria daily between 0900 to 2030 Monday

to Friday and 0900 to 1800 Saturday and Sunday and to meet Customer demands; (b) a staffed bar service in the main bar for a minimum of four hours Monday to Friday

evenings and two hours Monday to Saturday lunchtimes with the option of opening on Sundays; and

(c) a well stocked vending service throughout all the hours the Centre is open to the

public

3.25.4 The Contractor shall provide a range of catering services on request to hirers of the facilities which shall include:

(a) a minimum of four differently priced choices for children’s birthday parties; (b) a minimum of five fixed price finger buffets; and

(c) a minimum of four different fixed price menus, with two hot and two cold options at each price, for functions and private events including served food appropriate for weddings, conferences and banquets.

3.25.5 The Contractor shall provide to the Bowls Clubs the “Bowls Teas”. These shall be provided

upon a minimum of 48 hours notification at a price and menu comparable to the current provision.

3.25.6 Self catering at the Centre and use of the kitchen by hirers shall not be allowed, with the

exception of the following arrangements:

(a) Mole Valley Indoor Bowling Club shall be permitted to make their own teas and coffees for the consumption of Club Members and visiting bowls clubs within the Bowls Hall area. The sale of various refreshments to any other users shall not be permitted; and

(b) Leatherhead Swans shall be permitted to make their own hot and cold drinks when

attending the Centre on their club night within their club area (Clubroom 2) only. 3.26 Catering, Bars and Vending Service Standards Quality 3.26.1 The Contractor shall ensure that all food and beverages are safe, nourishing and appetising

to the Customer. Food and beverages purchased for the provision of these services shall be of good commercial standard and shall comply with the current legislative requirements in relation to composition.

3.26.2 All food prepared at the Centre shall be sold on the site or shall be for an event or activity at

or associated with the Centre or another Council site, unless agreed in advance with the Client Officer.

3.26.3 A priced menu or tariff shall be displayed at all catering points of sale. A notice displaying

the Head Office name and address of the Contractor or catering sub-contractor shall be displayed in a prominent position by the service counter of the cafeteria.

3.26.4 The Contractor shall provide and maintain sufficient equipment stocks of an appropriate

standard to provide the full range of catering and vending services. 3.26.5 The Quality Management System shall cover the catering and vending services. 3.26.6 The Contractor shall be responsible for cleaning and hygiene standards and schedules for

the catering and vending service and shall demonstrate that the Quality Management System shall ensure that high standards are achieved.

3.26.7 The Contractor shall be aware of and ensure compliance with all current and future

legislation, in particular but without prejudice to the foregoing:- (a) the Food Safety Act 1990; (b) the Food Safety (General) (Food Hygiene) Regulations 1995; (c) the Health and Safety at Work Act 1974 and associated legislation and codes; and (d) the Weights and Measures Act 1963 3.26.8 The Contractor shall ensure that all legal obligations particularly relating to food safety and

health and safety are fully and properly observed in spirit as well as to the letter.

3.26.9 The Contractor shall not sell or supply cigarettes, cigars or tobacco. 3.27 Vending 3.27.1 The Contractor shall provide a comprehensive vending service at all times the Centre is

open to the public. 3.27.2 The vending machines listed below are owned or rented, and operated by the present

catering sub-contractor. The Contractor shall not be permitted to install any other machines, in any other location, than those types listed below, without written permission from the Client Officer.

Swim Reception 1 Powerade drinks 1 multi snack 1 Lucozade Sport 1 Coca Cola bottle Cafeteria 1 hot drinks 1 Coca Cola bottles 1 multi snack

1 Lucozade Sport drinks 3.27.3 Other vending machines, not operated by the catering sub-contractor, are as follows:

Machine Location QuantityTampax/Ladies Towels Upstairs – Tylney room ladies toilets

Downstairs – Ladies wet changing rooms Ladies dry changing Ladies dry toilets

1 1 1 1

Condom machines Tylney room mens and ladies toilets Mens dry toilets

2 1

Weighing scales Cafeteria 1 Computer weighing scales By exist to Tone Zone

Next to lift – swim reception 1 1

Mark Blackden Games Machine/Fruit Machine

Top corridor Pool table

2 1

3.27.4 For the avoidance of doubt, vending services shall include the provision of hot and cold

drinks, snacks and appropriate consumable goods. The Contractor shall note that only goods and refreshments appropriate to the activities and programme of the Centre shall be permitted to be sold. Detailed proposals for vending, including the prices charged, and the location of each machine shall be approved by the Client Officer prior to the Commencement Date.

3.27.5 The Contractor shall be responsible for the provision, maintenance and cleanliness of all

vending machines and their contents, and shall pay any attributable costs. All such machines shall be cleaned and filled at regular intervals throughout the day and as appropriate, to ensure the continuous provision of a vending service during all opening hours.

3.27.6 The Contractor shall be encouraged to improve and develop the vending service in

partnership with the Client. The location of each vending machine shall be reviewed on an annual basis at Contract Review to ensure they continue to provide the maximum service to

the public and return to the Contract. The Contractor shall not remove, replace or add to the existing vending machines without the approval of the Client Officer.

3.27.7 The Contractor shall locate a sign in a prominent position on or near each vending machine

indicating to whom the Customer should report any difficulties or problems with the machine and where a refund may be obtained.

3.28 Core Charges and Other Fees and Prices 3.28.1 The Contractor shall retain all fees and charges for activities, events and hire of the Centre,

with the exception of the Bowls Hall. The terms of the agreement relating to the hire of the Bowls Hall by the Mole Valley Indoor Bowls Club, Appendix E, defines the “rink element” fee that the Contractor shall receive for the Bowls Hall. The Contractor shall not be entitled to the “facility element”, which shall accrue to the Council.

3.28.2 The current maximum core charges to Customers for the hire of the facilities at the Centre

are set out in Appendix H and have applied since September 2007. The Charges which the Contractor may make to Customers in the first Contract Year shall be calculated by reference to those set out in Appendix H and applying the formula for the review of Charges by reference to RPI in the Conditions of Contract as if the Commencement Date were a second or later anniversary of the Commencement Date during the Contract Period. That formula shall also apply to set the maximum level for Charges in the following Contract Years. The Contractor shall not make Charges to Customers in excess of those provided for in this paragraph and the Conditions of Contract, unless otherwise agreed by the Client Officer.

3.28.3 The Contractor shall not be prevented from charging prices lower than the Core Charges,

but the Council shall not be obliged to compensate the Contractor for any reduction in income which might result from such a policy by the Contractor, or for any other loss or expense incurred thereby.

3.28.4 Any proposed price for a new activity for which there is not a Charge or for goods and

services not previously priced must be submitted to the Client Officer for approval and, in the case of activities, adding to Appendix H. Such prices must be set within the following parameters:

(a) fees and charges shall compare favourably with comparable facilities in the

surrounding area;

(b) concessionary charges shall be available to children and students in full-time education, senior citizens and people on benefits;

(c) standard and off-peak charges may apply;

(d) no member of the community or legitimate organisation shall be excluded from booking the Centre or attending an activity due to lack of membership or other exclusive criteria except where this may cause public offence, public disorder, embarrassment to the Council or is against Council policy;

(e) pay and play use of all facilities must be made available to casual users within the

programmes of usage (at least 50% of peak time Monday to Friday inclusive in the case of the sports hall); and

(f) a non-exclusive marketing and membership scheme.

3.28.5 The Contractor shall provide the Client Officer with details of, and keep the Client Officer updated on all charges fees and prices to be paid by Customers for all activities (not just those for which Core Charges are laid down) and for all goods and services (including vending and catering prices).

3.28.6 No charges shall be made for car or coach parking at the Centre. The Council reserves the

right to introduce parking charges should it wish and no compensation/payment would be made to the Contractor. This includes the possible introduction of making up to 60 spaces available to non Centre users as part of a contract parking scheme.

3.28.7 The Contractor shall ensure that the current scale of charges fees and prices is clearly

displayed in the main foyer area at all times. The Contractor shall also provide written information on the scale of charges fees and prices on request to all Customers. All publicity material must include that information.

3.28.8 The Contractor shall ensure that the legal rights of the public are protected and preserved

and that a receipt is given for each and every payment that is received. 3.28.9 In the event of any change in the rate of Value Added Tax (VAT) applicable to the Core

Charges or of the imposition of any other tax then the Core Charges shall at the discretion of the Client Officer be adjusted to reflect the changed VAT rate or the imposition of any other tax.

3.28.10All charges for hiring the Centre for new activities or innovations including any additional fees that may arise from associated facilities such as television rights and any promotional offers affecting the level of charges prior to the promotion or event taking place shall be subject to the prior agreement in writing of the Client Officer. 3.28.11The Contractor shall collect fees and charges in respect of bookings or events which shall take place after or shall extend beyond the Contract Period in accordance with the instructions of the Client Officer. Detailed account shall be made of all such income collected in the format required by the Client Officer and arrangements made for the transfer of all such sums to the Council on a weekly basis. 3.28.12The Contractor shall be responsible for the collection and payment over of all taxes or charges due to Her Majesty's Customs and Excise or any other appropriate body arising from the provision of the Service. 3.29 Membership Scheme 3.29.1 The Contractor shall continue to implement the existing non-exclusive membership scheme

of the Centre, Appendix I. A separate membership schemes exists for the Bowls Club. 3.29.2 The Contractor shall ensure that the membership scheme shall: (a) encourage loyalty to the Centre; (b) reduce costs for regular users; (c) accommodate disadvantaged groups and or specific target groups;

(d) act as a positive marketing tool and be prominently advertised within the district of the Council;

(e) attract a high level of take up; and

(f) be of a standard that shall be valued by Customers. 3.29.3 Parallel with the non-exclusive membership scheme the Contractor must also ensure that

non-members continue to have access to all the Centre facilities and are encouraged to use the Centre.

3.29.4 All costs and revenues associated with the membership scheme shall be considered to be

contained within the bid. Details of the costs and revenues from the scheme, with future options if appropriate, shall be reviewed at the end of each Contract Year to identify potential improvements.

3.29.5 The Contractor shall honour the existing Corporate Membership Agreement with KBR, on

the same terms as per the original Agreement. 3.30 The Booking System 3.30.1 The Contractor shall provide a practical and Customer-orientated advanced computerised

booking system. The system shall operate within the following parameters:- (a) both personal and telephone bookings shall be accommodated;

(b) on the spot and advance bookings for the full range of facilities, courses, events and activities provided at the Centre shall be accommodated; and

(c) the system shall be of no less a specification than the Delta Computer Services

Scuba 5 booking system and shall provide the documented management information as required by the Council.

3.30.2 The Council reserves the right to implement or change the booking system in consultation

with the Contractor and at the Contractor’s expense. 3.30.3 No exclusive membership schemes for booking shall be introduced by the Contractor. 3.30.3 The Contractor shall ensure that the booking system can accommodate the sale of tickets

for events at the Centre and at other Council venues and outlets. The Contractor shall be required to sell tickets for Council organised events not held at the Centre and non-Council events held at the Centre at no more than the standard rate of commission of 10%. 10% commission may also be charged for Council events held at the Centre.

3.31 Marketing 3.31.1 The Contractor shall positively and actively undertake marketing of the Centre, services,

programme, events and opportunities provided. This shall be carried out in a planned and co-ordinated manner within the Centre, within the local community and the wider region and where appropriate to specifically identified and targeted groups. It is essential that the Centre is known, respected and used by its local community and visitors to the area. The Contractor shall produce the Marketing Plan as part of the Operational Strategy.

3.31.2 The Marketing Plan shall include detailed information on the nature, content and where

appropriate the frequency and targeted results for the overall Centre of:

(a) a planned programme of statistically valid Customer research and changes that are implemented based on the analysis of the results;

(b) advertising and use of the media;

(c) joint promotions and publicity with other organisations; (d) public relations exercises that raise the profile of the Centre in general; (e) identification of the market segments; (f) promotional material and information including layout, quality and distribution; (g) sponsorship; and (h) measures of marketing success. 3.31.3 The Contractor shall keep a record of all published articles, editorials and advertisements

relating to the Centre, its events and facilities which shall be made available to the Client Officer on request.

3.31.4 As part of the Marketing Plan and as requested throughout the Contract Period the

Contractor shall submit proposals for all marketing including leaflets, posters, publicity and advertising to the Client Officer, who shall agree on their production and distribution. Hand written notices shall not be permitted. All published material shall contain the prominent statement: “Operated for Mole Valley District Council by (Name of Contractor)”.

3.31.5 The LLC and Council’s logos will appear on all published material and will be at least an

equivalent size and prominence to that of the Contractor’s logo. 3.31.6 The Client Officer retains the right to prohibit at any time any material which may offend the

public or embarrass the Council and which does not conform to the Councils corporate identity or policies.

3.31.7 The Contractor shall regularly inspect all directional signposts to and at the Centre to

ensure that they are in good order and report any problems or defects to the Client Officer. 3.31.8 Additional or replacement external signposts/banners required by the Contractor must be

previously agreed in writing by the Client Officer and have the necessary permissions. All signs shall be at the Contractors expense, including their removal, as appropriate.

3.31.9 The Contractor must ensure that it does not display any unauthorised signs or flypost and

must take all reasonable steps to ensure that organisers of any events at the Centre do not display such unauthorised signs or flypost.

3.31.10The Contractor shall ensure that accurate and relevant information is distributed in advance to the local schools, to local clubs, hotels, and relevant organisations and venues in order that the proper awareness and development of the Centre is maintained throughout the area. The Contractor shall be expected to identify appropriate distribution points in consultation with the Client Officer and Sports Development Officer of the Council, and to review this not less frequently than the Contract Review. The Contractor shall supply sufficient publicity materials for display at other facilities and to distribute to all members of the Council. 3.31.11The Contractor shall be responsible for removal and disposal of out-of-date publicity material within three days of its expiry. 3.31.12Appropriate notice boards and display space within the Centre as required by the Client Officer shall be provided to promote other aspects of the Councils work. The Contractor shall participate in and encourage joint marketing initiatives both with the Client Officer and other organisations, as and when appropriate.

3.32 Media Liaison 3.32.1 The Contractor shall keep the local media informed of the regular activities and special

events taking place at the Centre and shall encourage editorials about Centre related matters of a positive nature.

3.32.2 At no time shall the Contractor discuss with the media any accidents, incidents,

controversial matters or any matter related to the Contractors relationship and Contract with the Council, unless prior approval in writing has been obtained from the Client Officer. The Client Officer shall immediately be informed of any enquiries received on any such matters.

3.33 Customer Consultation and Research 3.33.1 The Council consider that legitimate Customer feedback on satisfaction with service

delivery is an important part of the Service. The Contractor shall plan and implement an objective, properly controlled and promoted Customer comments and complaints procedure, Customer and resident forums and Customer and market research.

3.33.2 As a minimum the Contractor shall be required to:

(a) undertake Customer satisfaction surveys and Customer profile surveys for the whole Centre over a period of a week (7 days) on an annual basis and undertake a non-user survey once every two years. The format, content and evaluation of each survey must be agreed in advance with the Client Officer and a full copy and analysis of all results submitted to the Client Officer within two months of the surveys completion;

(b) organise Customer forums, if and when appropriate, with the Client Officer. These

are to be used either as an open forum or to discuss particular issues or opportunities agreed in advance with the Client Officer;

(c) design and implement by the Commencement Date a Customer comment and

complaints procedure approved by the Client Officer; and (d) Each user survey shall use a sample that is genuinely representative of the survey

group. For the non-user survey the Contractor shall propose a statistically valid sample group and catchment area to be agreed in advance by the Client Officer.

3.33.3 Each user survey shall use a sample that is genuinely representative of the survey group.

For the non-user survey the Contractor shall propose a statistically valid sample group and catchment area to be agreed in advance by the Client Officer.

3.34 Sponsorship Grant Aid and Advertising 3.34.1 The Contractor shall seek sponsorship and where appropriate grant aid for specific capital

developments, Equipment and Installation purchases, events and other activities and operations, subject to formal permission in writing being received from the Council in advance of the initial approach to potential sponsors or grant aiding bodies. The Council shall not permit any form of sponsorship from inappropriate organisations including those associated with tobacco, alcohol or gambling.

3.34.2 The Contractor shall liaise with the Client Officer and the Sports Development Officer of the

Council to ensure that no overlap or conflict occurs in their approach to potential sponsors or grant aiding bodies and that any approach for sponsorship and or for grant aid forms an integral part of the overall strategy for the Councils district.

3.34.3 The Council shall have the right to benefit equitably from any sponsorship agreements, whether in cash or kind. If the Contractor receives a benefit in kind from the sponsor or hiring organisation in the form of Equipment or Installations for use at the Centre any such items shall become part of the Inventory.

3.34.4 The gross proceeds and cash value in kind of all sponsorship shall be identified separately

in the financial and management information required to be submitted to the Council. 3.34.5 The Contractor shall not enter into any commitment with sponsors which extends beyond

the Contract Period. 3.34.6 In the case of an organisation hiring the Centre for the purpose of staging competitions,

events or exhibitions which are funded in total or in part by sponsorship, the Contractor shall obtain permission, in writing, from the Council in advance of the completion of negotiations with the hiring organisation and their sponsors.

3.34.7 The Contractor may not grant broadcasting (sound or television) or filming rights without the

prior written consent of the Client Officer. Any fees obtained will be equally divided between the Contractor and the Council unless agreed in writing by the Client Officer.

3.34.8 Any addition to or improvement of the existing Equipment or Installations which results from

a successful grant application shall become part of the Inventory. 3.34.9 Commercial products, activities or events not taking place at the Centre shall only be

advertised with the prior written approval of the Client Officer. The Contractor shall not enter into any commitment with advertisers which extends beyond the Contract Period.

3.35 Stationery 3.35.1 All stationery shall carry the wording and logos of the Centre and Council, Appendix J, or

other approved Centre logo. It shall also contain the prominent statement: ‘Managed for Mole Valley District Council by (Name of Contractor)’.

3.36 Purchasing 3.36.1 The Contractor shall at their own expense procure all goods and services necessary for the

provision of the Service. The Contractor shall be responsible for ensuring that all goods and services are used in accordance with recognised specifications and codes of practice and are fit for their purpose.

3.36.2 The Client Officer shall following inspection or sampling of any goods and services have the

right to prohibit any further use of them for health and safety, public decency or environmental reasons.

3.36.3 All contracts for goods and services must be contained within the Contract Period and shall

not purport to be made on behalf of or bind the Council in any way. 3.36.4 The Contractors payment for goods and services must be within 28 days and the

Contractor shall ensure that any default on payment for legitimate services shall not occur. 3.37 Security 3.37.1 The Contractor shall at all times be responsible for the security of the Centre. 3.37.2 The Contractor shall check and utilise the security alarm system installed at the Centre and

at all times have it professionally maintained and operate it in such a way as to ensure

priority police response or suitably swift response from a security organisation or the keyholders.

3.37.3 The Contractor shall ensure that the Centre is properly locked at all times when not

attended by an employee or other duly authorised representative of the Contractor or the Council. The Contractor shall not change any of the locks at the Centre without the prior written consent of the Client Officer and shall furnish duplicates of all keys to the Client Officer.

3.37.4 The Contractor shall be responsible for the safe-keeping of all keys provided by the Council

and shall only permit such keys to be given to those of their employees whose names and addresses have been supplied to the Council and then only to the extent required for the purposes of providing the Service. The Contractor shall ensure that the Client Officer is informed immediately of the loss of any keys and in this eventuality shall bear the cost of replacement locks and keys.

3.37.5 A list of keyholders for the Centre, together with their addresses and home telephone

numbers shall be supplied by the Contractor at the Commencement Date to the police, designated security sub-contractor (if employed) and Client Officer. The list of keyholders shall be updated by the Contractor as and when circumstances require and an updated list shall be forwarded to each list holder.

3.37.6 Where any part of the Centre is being used by the public or organisations outside the

normal opening hours of the Centre, the Contractor shall provide proper access to the Centre. When such use is finished the Contractor shall ensure that the Centre is secured.

3.37.7 Closed Circuit TV (CCTV) or similar shall operate at the Centre. The Contractor shall

manage and be wholly responsible for the maintenance of CCTV or similar system and shall ensure it is in full working order at all times. The Contractor shall be responsible for checking all the cameras and the recording equipment on a daily basis.

3.37.8 The Council shall not consider any claim by the Contractor for loss of income or other loss

or damage resulting from a breach of security of the Centre. 3.37.9 The Contractor shall be responsible for the security of all monies in their possession, and

for all goods, Equipment and materials used by the Contractor or belonging to the Contractor or their staff.

3.37.10The Contractor shall be responsible for banking all cash received. 3.37.11The Contractor shall on the Council’s behalf enforce the terms of the Mole Valley District Council (Leatherhead Leisure Centre) Off-Street Parking Place Order (No.2) 1984 as amended and set out in Appendix T. The current excess charge is £35 (or £20 for payment within 21 days) which may be retained by the Contractor. 3.38 Utility Services 3.38.1 The Contractor shall be responsible for obtaining and paying for the supply of any

electricity, gas, water and telephone or other services to the Centre. 3.38.2 The Contractor shall not permit the disconnection of any electricity, gas, water or telephone

service supply to any part of the Centre without the prior written agreement of the Client Officer.

3.38.3 The Contractor shall make arrangements with the companies providing utility services to

make payment for the supply of any electricity, gas, water or telephone services to the

Centre from the morning of the Completion Date until the morning after the last day of the Contract Period. Copies of the paid accounts shall be forwarded to the Client Officer quarterly.

3.38.4 The Contractor shall ensure that the telephone numbers for the Centre are published in the

local telephone directory. The Contractor shall arrange for telephone services for use by the public to be provided within the Centre, and shall pay all charges in connection therewith. At least one telephone for use by the public shall be coin operated.

3.38.5 The Council shall not be liable for loss of income or other loss or damage as a result of

closure of the Centre due to any disruption of the utility services. 3.39 National Non-Domestic Rates 3.39.1 The Contractor shall be responsible for the payment of national non-domestic rates for the

Centre which shall not be borne by the Council. 4.0 STAFFING 4.1 General 4.1.1 The Contractor shall employ sufficient qualified and experienced management and staff to

ensure a high standard of service provision, safety and Customer commitment, in line with best industry practice and to ensure total compliance with the Contract.

4.1.2 The Contractor shall make available at any time upon request from the Client Officer the

organisational structure chart as well as detailed information on the staffing structure, levels and rota. The available information shall include details of the recruitment policies and minimum experience, training and qualifications for all staff, full or part time and temporary staff.

4.2 Contract Manager and Centre Manager 4.2.1 The Contractor shall at least one month prior to the Commencement Date appoint suitably

qualified and experienced persons as the Contract Manager and the Centre Manager. Subject to exceptional circumstances in which the Client Officer may agree otherwise, the Centre Manager shall spend the whole of their working hours dedicated to the work of the Centre.

4.2.2 The Council shall not exclude the possibility of the Contract Manager and the Centre

Manager being one and the same person. The appointment of the Contract Manager, Centre Manager and other senior staff shall be subject to the prior approval of the Council, which shall not be unreasonably withheld.

4.2.3 The Contractor shall at all times be fully responsible for the payment of all income tax or

other taxes, national insurance contributions, or levies of any kind, relating to or arising out of the employment of any person employed by the Contractor and shall fully and promptly indemnify the Council in respect of any liability of the Council in respect of them.

4.2.4 The Centre Manager, or their duly nominated representative, shall be the authorised

representative of the Contractor for all purposes connected with the day to day operation of the Centre. Any notice, information, instruction or other communication given or made to the Centre Manager or their nominated representative shall be deemed to have been given or made to the Contractor.

4.2.5 The Centre Manager shall nominate in writing one or more representatives to be authorised to act on their behalf on all occasions when the Centre Manager is off site or unavailable for any reason. The Centre Manager or a senior nominated individual will be in charge and present at the Centre the whole time the Centre is open to the public. That person will be skilled, trained and competent to meet any eventuality and emergency.

4.2.6 The Contract Manager, or their nominated representative, shall inform the Client Officer

promptly and in writing of any instances of activity or omission on the part of the Council which prevent or hinder the Contractor from meeting their obligations under the Contract.

4.2.7 The Contract Manager and or Centre Manager shall report to the Client Officer in

accordance with any reasonable request to do so. The Contract Manager, Centre Manager or nominated representative shall be on call to respond to emergency situations at all times.

4.3 Management of Staff 4.3.1 The Contractor shall ensure that:

(a) all staff provide the highest standard of service to every Customer without discrimination;

(b) there are sufficient employees on duty at all times during opening hours, and for

every event, possessing management and supervisory skills who are empowered to make any decisions as may be necessary to ensure the safety of the public, the staff and the Centre and maintain sufficient reserves of staff to provide for the standards specified;

(c) all employees perform their duties in an orderly manner and in as quiet a manner as

may reasonably be practicable having regard to the nature of the duties being performed;

(d) all employees observe and do nothing to prejudice the security of any secured

areas of the Centre or any Equipment or Installations and the confidentiality of all records, papers and information; and

(e) all appropriate staff are aware of and comply fully with the requirements of all

relevant legislation and regulations and the Data Protection Act 1984 4.3.2 The Contractor shall ensure that sufficient reception staff are on duty at all times the Centre

is open to the public to respond to personal and telephone enquiries with minimum delay. 4.3.3 The Contractor shall make arrangements to ensure that additional staff resources are on

call twenty four hours a day to respond to emergencies. 4.3.4 Care must be taken at all times to ensure that Customers are not disturbed unreasonably

during the performance of any works. 4.4 Staff Qualifications and Experience 4.4.1 The Contractor shall maintain an accurate list of all staff employed at the Centre as well as

records of attendance, absences, training and tests undertaken and copies of training and qualification certificates, the dates they were received and expiry dates, where applicable. These records shall differentiate between those engaged as operatives, as coaching staff and those exercising supervision, shall explicitly define the extent of authority and expertise of each member of staff and shall be open for inspection by the Client Officer.

4.4.2 It is the responsibility of the Contractor to ensure that all staff employed at the Centre have the suitable experience, skills, qualifications and training to successfully carry out the tasks that they are required and expected to perform.

4.4.3 The Contractor is required to have a duty technician with technical expertise (ie. with a

minimum qualification of ISRM Pool Plant Operators together with building and mechanical maintenance experience) on site at all times the Centre is open to the public. That person must be available to deal with any emergency situation arising from the technical operation of the building and should not therefore be designated to undertake other emergency duties such as evacuation of the building during an emergency.

4.4.4 The Contractor shall comply with the recommended staffing levels and qualifications

outlined in "Managing Health and Safety in Swimming Pools” (HSE and Sport England Publications 2003), Safe Supervision for Teaching and Coaching Swimming (ISRM) and in the PAS65, Management of Public Swimming Pools, General Code of Practice. As a minimum all staff who undertake life guarding duties will have the NPLQ qualification units 1 and 2 and will be up to date with training requirements implicit in this qualification.

4.4.5 At all times the Centre is open the Contractor shall ensure that at least two members of

staff on duty have current first aid certificates and that all other attendant staff are fully trained in the Centre’s NOP and EOP. For special events the number of first aiders will increase in line with risk assessment recommended actions. First Aid Certifications will be “First Aid at Work” in accordance with the Health and Safety (First Aid) Regulations 1981.

4.4.6 The Contractor shall only appoint coaches who are in possession of recognised national

governing body awards for the appropriate activity or sport unless otherwise agreed with the Client Officer. National governing bodies are currently working on the development of National Vocational Qualifications (NVQ) for coaching. The time scale for implementation of this shall vary by sport. As NVQs become available the Contractor shall offer training opportunities, wherever possible, to coaches and shall recognise and promote these qualifications.

4.4.7 The Contractor shall ensure that, for all purposes, coaches are recognised as bona fide

members of staff and that specifically he or she:

(a) has a written description of their duties before starting work;

(b) has access to an induction programme including a minimum of information and training on the employing organisation, health and safety, Customer commitment and the employers expectations;

(c) is encouraged to attend training opportunities where appropriate; and (d) is appraised against their identified duties. 4.4.8 It is the responsibility of the Contractor to ensure that coaches are insured for liability

purposes and that the evidence of such insurance is available for inspection. 4.4.9 The Contractor shall ensure that for all swimming lessons the ratio of qualified teachers to

pupils is as a minimum in line with the “Safe Supervision for Teaching and Coaching Swimming”. (Jointly published by the ISRM, ASA, ISTC and RLSS UK). For the avoidance of doubt lifeguards as set out in 4.4.4 will be in addition to the provision of swimming teachers when considering staffing levels for programmed swimming sessions.

4.4.10 The Contractor shall ensure that all clubs and other hirers who make block bookings of the

facilities provide qualified coaches and appropriate levels of supervision for the nature of

the activity or event taking place having regard to the recommended staffing levels and qualifications outlined in 4.4.4 above.

4.4.11 The Contractor shall ensure that the character of all persons employed at the Centre is

beyond reproach, having regard to their high degree of contact with the general public including children. The Contractor shall seek two written character references before taking on any employee and make all other enquiries which are reasonably practicable to ensure that he or she is suitable for employment, whatever the nature or frequency of employment. All staff employed at the LLC will be CRB checked at the Contractor’s cost and the disclosures shall be available for inspection by the Client Officer.

4.4.12 It is the responsibility of the Contractor to ensure that all best practice, legislation and

regulations are complied with in relation to the employment of all staff. 4.5 Training 4.5.1 The Contractor shall implement a training programme for all staff. This programme must

include information on the scheme for the continued assessment of staff together with appropriate training and instruction, including Customer commitment and the requirements of the Disability Discrimination Act 1995. Full records of all training shall be maintained as quality records and these shall be available for inspection by the Client Officer. A detailed training plan will be provided to the Client officer prior to commencing the Contract.

4.5.2 All staff employed at the Centre should receive a minimum of the three hour ‘what if’ Child

Protection training within three months of commencing work. 4.6 Staff Identity 4.6.1 The Contractor shall ensure a smart appearance by each member of staff at all times, with

the clothing and other attire (including jewellery) of such staff being appropriate to their function.

4.6.2 Staff shall wear uniforms, protective clothing or specialised clothing to suit the task being

performed. Such clothing shall be provided by the Contractor and the uniform shall be agreed in advance with the Client Officer and shall complement the colour and marketing scheme of the Centre. Replacement and cleaning of clothing shall be at such a frequency that a smart appearance is maintained at all times.

4.6.3 The Contractor shall ensure that staff engaged in any occupation at the Centre shall not

bear any advertising material promoting the name and services provided by the Contractor or any other company or product without the prior consent of the Client Officer.

4.6.4 The Contractor shall:

(a) give instructions that when required to do so, or when communicating with other persons as a representative of the Contractor in the provision of the Service, any employee, representative, or agent of the Contractor shall disclose their identity and shall not attempt to avoid so doing; and

(b) ensure that staff wear, at all times when at the Centre or otherwise on duty, a name

or identity badge indicating the member of staffs name and job title.

5.0 HEALTH AND SAFETY 5.1 General 5.1.1 The Contractor shall ensure that all their employees and agents shall in the course of the

Contract comply with the Health and Safety at Work Act 1974 ("HSWA", which term shall include all regulations, orders, codes of practice and any other supplemental legislation, circulars or guidance and any statutory modification or re-enactment) and that all persons who are at work (as defined in HSWA) in connection with the Contract shall comply at all times with HSWA.

5.1.2 The Contractor shall also comply with the requirements of the Council’s Health and Safety

policy. They will produce a written statement of Health and Safety policy in accordance with the HSWA 1974 which is to be prominently displayed and made available to all staff.

5.1.3 Detailed, recorded risk assessments for all aspects of the Centre’s operation will be

undertaken as required by the Management of Health and Safety at Work Regulations 1999. In addition to activity and area based risk assessments, Contractors will carry out Fire Risk Assessments as required by the Regulatory Reform (Fire Safety) Order 2005 using P.A.S. 79 (Fire Risk Assessments) – guidance and recommended methodology. A Water Services risk assessment will be carried out in accordance with the HSE ACOP document L8 ‘Legionnaires’ disease and the Contractor will put in place recorded regimes for the removal of or management of the risks identified by the Water Services risk assessment.

5.1.4 The Contractor shall ensure that all employees receive a personal copy of the health and

safety policy and have access to all other relevant documents concerned with HSWA. The Contractor shall submit for approval of the Client Officer an instruction manual on all safety measures and procedures associated with the Centre before the Commencement Date and prior to its issue to members of staff. A review and update of this manual shall take place on a minimum of an annual basis and a revised version shall be issued to all staff and to the Client Officer.

5.1.5 A copy of the approved instruction manual shall be available and on display in the staff

room. 5.1.6 If at any time the Client Officer reasonably considers that HSWA and/or the Councils health

and safety policy are not being complied with he or she shall be entitled (without prejudice to any other action available to the Council under the Contract, for example, awarding penalty points) to do either or both of the following:-

(a) to instruct the Contractor to cease to provide the Service (or a specified part) or to

close the whole or part of the Centre either immediately or within a specified period or not later than a specified date or time; or

(b) to instruct the Contractor:-

(i) to take specified steps to secure compliance with HSWA or the Councils health and safety policy (as appropriate); and/or

(ii) to comply with advice or requirements of the Health and Safety Executive or

the Councils Safety Officer. 5.1.7 In the event of the Contractor being required to cease provision of the Service pursuant to

the previous paragraph they shall not resume such provision until the Client Officer has confirmed in writing that the non-compliance has been rectified. Any such period of

suspension shall entitle the Client Officer to pursue any of the remedies provided for in the Contract in connection with the consequent failure to provide the whole or part of the Service. Where the Client Officer is entitled to apply any such remedy they may also make reasonable adjustments to the Monthly Account for:-

(a) the cost of management and professional time spent in dealing with the closure; and

(b) any other costs incurred by the Council in dealing with the closure

or alternatively may recover such costs from the Contractor as a debt. 5.1.8 The Contractor shall forthwith provide the Client Officer with copies of any reports relevant

to health and safety at the Centre and shall take all necessary action to implement any recommendations.

5.1.9 The Contractor shall be required to provide sufficient qualified staff to be present in the

Centre at all times to ensure the safety of staff, Customers and contractors. 5.2 Repairs and Maintenance 5.2.1 The Contractor shall submit reports on a minimum of an annual basis specifying any

defects in and deterioration of the building and all Equipment and Installations and certify their suitability for use and condition for safe operation. These reports shall be received by the Client Officer no later than seven days before the Stock Take in each Concession Year.

5.2.2 The Contractor shall carry out safety inspections at regular intervals and all defects to

Equipment and Installations which affect the health and safety of staff, Customers and contractors shall be recorded and notified to the Client Officer as soon as practicable together with details of the action taken to repair/withdraw from use/replace. Where Equipment or Installations fall under a maintenance contract the company maintaining them shall also be informed by the Contractor.

5.2.3 An assessment of the use of all Equipment and Installations shall be carried out by the

Contractor to determine the appropriate frequency of inspection, giving due consideration to the risks related to Equipment and Installations failure. The Contractor shall obtain approval from the Client Officer for their proposals for the inspection of all Equipment and Installations prior to the Commencement Date. The results of all inspections shall be recorded and these records shall be a part of the Contractors quality records available for inspection by the Client Officer.

5.3 Evacuation and Emergency Procedures 5.3.1 The Contractor shall obtain approval from the Client Officer, at least one calendar month

before the Commencement Date, of detailed procedures and action plans established to deal with all evacuation and emergency situations. All revisions of or amendments to these procedures shall be submitted for approval by the Client Officer.

5.4 Health and Safety Representative 5.4.1 In order to promote high standards of health and safety at the Centre the Contractor shall

consult with staff through a health and safety representative. 5.5 Staff Training Drills and Records of Emergency Procedures 5.5.1 The Contractor shall submit to the Client Officer a detailed schedule of training

requirements and drill practices for all the staff in order to enable them to respond efficiently

and effectively to emergency situations in any part of the Centre. The Contractor shall inform the Client Officer of the proposed date and time of all practice sessions and drills and shall maintain comprehensive records, as approved by the Council, of all such practice sessions and drills.

5.5.2 Evacuation drills shall be practised in full at least twice per calendar year. The Client

Officer shall be informed in advance when these drills are going to take place. However, if there is an actual evacuation and it is completed efficiently and effectively, one of the drills can be omitted.

5.5.3 Following all actual emergency situations, a full account of the actions taken and the

implications for future training shall be submitted by the Contractor to the Client Officer. In the event of the Council or its insurers wishing to undertake an investigation, the Contractor shall comply fully with any request for information and shall permit its staff to attend if required at such an inquiry.

5.5.4 The contractor will ensure that at all times they comply with requirements of the Regulatory

Reform (Fire Safety) Order 2005 and that fire risk assessments are carried out in accordance with P.A.S. 79 Fire Risk Assessment – Guidance and a recommended methodology.

5.6 Chemicals and Cleaning Materials 5.6.1 The Contractor shall comply with the requirements of the HSWA and the Control of

Substances Hazardous to Health Regulations 1994 (COSHH) in respect of all chemical substances brought to or used at the Centre.

5.7 Protective Clothing 5.7.1 The Contractor shall provide adequate protective clothing which shall be readily available

for use by all staff when working in hazardous and potentially dangerous situations and conditions where risks from such hazards cannot be reduced by other means. Such protective clothing shall be kept in a good serviceable condition for the purpose for which it is intended and the Contractor shall ensure that adequate training is given its proper use. All issues and inspections of protective clothing must be recorded.

5.8 First Aid 5.8.1 The Contractors health and safety policy shall include the procedures to be followed in the

event of personal injuries being sustained by Customers employees and others whilst at the Centre.

5.8.2 The Contractor shall appoint suitably qualified employees to be responsible for

administering first aid, calling an ambulance where necessary and for keeping the first aid boxes adequately stocked. At all times the Centre is open to the public a minimum of two members of staff qualified in first aid must be on site. This number will be increased in the event of big events taking place in the Centre/Grounds as dictated by risk assessment.

5.8.3 An accident book must be used for logging all cases where first aid is required and shall be

available for inspection by the Client Officer on request. 5.9 Recording of Incidents, Injuries, Accidents and Dangerous Occurrences 5.9.1 The Contractor shall maintain a record and investigate the circumstances of all injuries,

diseases, fatalities and dangerous notifiable occurrences which arise in the Centre as required under the Reporting of Injuries Diseases and Dangerous Occurrences Regulations

1995 ("RIDDOR 1995") and notify the Health and Safety Executive accordingly. In addition the Contractor shall notify any occurrence reportable under RIDDOR 1995 to the Client Officer as soon as practicable.

5.9.2 The Contractor shall also record and monitor the frequency of any incidents, with a view to

reducing the recurrence of incidents, on incident report forms which shall be made available to the Client Officer on request.

5.9.3 Upon notification by the Contractor of any injury, disease or incident the Council reserves

the right to carry out its own investigation of the circumstances and the cause of the incident. The Contractor shall ensure full co-operation of all their staff and shall permit access to all records for this purpose.

5.10 Infectious Diseases 5.10.1 The Contractor shall be alert to the possibility of staff or the public entering the Centre with

infection or suspected diseases and shall instruct staff on the action to be taken, depending on each individual case, and inform the Council in order to prevent unnecessary spread of infection to others.

5.11 Maximum Occupancy Levels 5.11.1 The maximum occupancy level figure laid down by the fire certificate or any other relevant

licence or legislation shall be observed at all times. The contractor will at all times comply with the Regulatory Reform (Fire Safety) Order 2005 in this respect.

5.12 Display of Notices 5.12.1 In addition to any statutory notices the Contractor shall display other notices where

appropriate to advise on the safe use of the facilities by the public and as specified by the Council.

5.12.2 All notices shall be maintained in good working order and free from visual obstructions. 5.13 Public Order and Incidents 5.13.1 The Contractor shall ensure that there is adequate control of the public for the safety and

well-being of all Customers. Where necessary the staff may require a Customer to leave the Centre or entry to the Centre may be refused. A record shall be kept of all such incidents and their circumstances.

5.13.2 The Contractor shall have due regard to any regulations guidelines and byelaws governing

the use of the Centre. The Contractor may submit additional regulations guidelines or byelaws for consideration prior to the Commencement Date and at Contract Review.

5.13.3 Any accident or incident involving the attendance of the emergency services (police, fire

and ambulance) shall be recorded giving full details of the attendance. These records shall be made available to the Client Officer on request.

5.14 Lost Property 5.14.1 The Contractor shall make arrangements for the collection, return and disposal of property

found at the Centre and shall submit to the Client Officer a written copy of the procedure being operated.

5.15 Licences 5.15.1 Subject to paragraph ?? of this Specification the Contractor shall apply for and be

responsible for the maintenance of all licences required for the lawful operation of the Centre. The licences, if assignable, shall be transferred to the Council at the end of the Contract Period.

5.15.2 The Contractor shall ensure that suitable persons are appointed as Personal Licence

Holders and shall notify the Client Officer about the details of such Personal Licence Holders and also provide the Client Officer with copies of all the licences held.

5.15.3 The Contractor shall notify the Client Officer immediately in the event of any legal

proceedings which may result in the forfeiture of the licence(s), or in the event of objections being made to the renewal of the licence(s).

5.15.4 The Contractor shall be responsible for the completion of all relevant returns and payment

of fees in respect of performing rights, phonographic performance, video performance, television licence and any other licence.

5.15.5 The Contractor shall be responsible for obtaining and ensuring compliance with the

conditions of the fire certificate, premises licence and the electrical certificate which shall be obtained in sufficient time as to prevent any delay in obtaining the other licences required for the operation of the Centre. Copies of the certificates shall be forwarded to the Client Officer at the time of issue.

5.15.6 The Council shall not accept responsibility for any loss or damage arising as a result of the

failure of the Contractor to apply for or to maintain any licence or fire and electrical certificates.

6.0 EQUIPMENT 6.1 General 6.1.1 The Equipment listed in the Inventory shall be provided by the Council and shall at all times

belong to and remain the property of the Council although used by the Contractor in the provision of the Service and all additional Equipment required in the provision of the Service shall be supplied by the Contractor

6.1.2 The Contractor shall repair and maintain in good condition all Equipment in the Inventory

(replacing or renewing it where necessary in accordance with the following provisions of this section of the Specification) and shall bear all the costs of doing so. Any Equipment that is defective or liable to failure shall be withdrawn from use immediately. Such Equipment shall be made secure to ensure that it may not be used inadvertently by Customers or the Contractors staff.

6.1.3 The Contractor shall not at any time remove from the Centre any Equipment listed in the

Inventory (whether original or replacement) without the prior written approval of the Client Officer.

6.1.4 The Council shall not be liable to the Contractor for any losses incurred as a consequence

of Equipment failure or breakdown due to whatever cause. 6.1.5 The Council may use any Equipment listed in the Inventory, by arrangement and so as not

to cause inconvenience to Customers, without cost to the Council. Except for emergency

or urgent situations notice that the Council requires the use of an item of Equipment shall be in writing, at least 28 days before the date the Equipment is required.

6.1.6 Where Equipment is to be used to facilitate the performance of a particular activity, and that

activity has established standards of design, materials, manufacture and construction of Equipment used to perform that activity, the Contractor shall ensure that only Equipment manufactured in accordance with such standards shall be provided at the Centre.

6.1.7 The Contractor shall replace or renew items of Equipment in the Inventory that have been

damaged beyond repair, lost or reached the end of their useful lives, with an item of the same manufacture and product number, approved by the appropriate British Standards Institution or DIN Specifications or approved by the appropriate sporting organisation/governing body or the Client Officer as suitable for the task.

6.1.8 The Client Officer and Centre Manager shall undertake an annual Stock Take of Equipment

and also an inspection of the interior of the Centre. The Client Officer and the Contractor shall then review the Inventory and shall have two copies signed by the Contractor and Client Officer with the Council and Contractor each retaining one copy. The Stock Take and inspection shall be carried out at each Review Date or on an alternative date to be specified by the Client Officer in each Concession Year.

6.1.9 The Client Officer shall, in addition to the Stock Take, from time to time inspect the

Equipment used at the Centre by the Contractor. Any Equipment that, at any time, is found to be defective or liable to failure as determined by the Client Officer shall be withdrawn from use immediately. Such Equipment shall be made secure to ensure that it may not be used inadvertently by Customers or the Contractors staff.

6.1.10 All Equipment other than that set out in the Inventory, which is employed by the Contractor

in the performance of the Service at any time, must be either owned by the Contractor or leased or hired by the Contractor, unless the Client Officer otherwise agrees. Any such contract must contain a clause permitting the Contractor to assign the benefit of the contract to the Council or a party nominated by the Council, with the Council only being liable for payments which accrue after the date of the assignment.

6.1.11 The Client Officer shall be entitled to serve on the Contractor a notice in writing requiring

the Contractor to put any items of Equipment into such condition as is required for the provision of the Service and the Contractor shall upon receipt of such notice cause all necessary works to be carried out to comply with such notice. In the event of the Contractor failing to carry out such works, the Council shall be at liberty to have such works carried out and the Contractor shall pay to the Council as a debt such sum as the Client Officer shall certify to have been the cost of executing such works.

6.1.12 At the end of the Contract Period the Contractor shall ensure that all items of Equipment set

out in the Inventory are available for the use of the Council in a condition consistent with the performance of the Contractors obligations in respect of their maintenance, repair, replacement and renewal under the Contract. The Council shall be entitled to serve upon the Contractor a notice requiring the Contractor to sell or to transfer to the Council such other items of Equipment as may be specified in such notice or to transfer to the Council the benefit of any contract of hire or other contract relating to them.

6.1.13 Upon receipt of a notice requiring the Contractor to sell any item of Equipment to the

Council, the Contractor shall sell and deliver such item to the Council in such condition as it may be at the date of the notice at a price to be agreed by the parties or in default of such agreement at such price as the Client Officer shall reasonably certify to be a fair price for such item having regard to the Equipment's condition and current market prices.

6.1.14 Upon receipt of a notice requiring the Contractor to assign to the Council the benefit of any agreement for the hiring of any item of Equipment, the Contractor shall forthwith and without any payment from the Council execute all documents necessary to effect such assignment and shall deliver such item to the Council in such condition as it may be at the date of the notice. The Council shall after assignment indemnify and hold the Contractor harmless in respect of any liability arising under such hiring agreement after the date of such assignment save where such liability arose (or was contributed to by) any breach of the hiring agreement by the Contractor prior to such assignment.

6.1.15 Equipment shall only bear words, devices, advertisements or insignia approved by the

Client Officer. 6.1.16 The Contractor shall make available for hire to the public or for sale a range of equipment

appropriate to activities at the Centre. 6.2 Control of the Use of Equipment 6.2.1 The Client Officer shall determine the Equipment permitted for use in the Centre and may

prohibit further use of or remove from the Centre any item of Equipment in order to comply with legislation, guidance of the Health and Safety Executive, manufacturers guidance or specialist advice.

6.2.2 The prohibition of use of any item of Equipment in the Inventory (otherwise than by reason

of the neglect by the Contractor of its repair, maintenance, replacement and renewal obligations) which has a material effect on the performance of the Contract shall be treated as a Variation.

6.3 Modification to Equipment 6.3.1 The Contractor shall not make modifications to Equipment at the Centre without prior

written approval from the Client Officer. Modifications include the addition or removal of any attachment from an item of Equipment and the improvement or reduction of performance of any item of Equipment.

6.3.2 Any modification to Equipment requested by the Contractor and approved by the Council

shall be funded and implemented by the Contractor. 6.3.3 On completion of a modification to an item of Equipment the modification shall become part

of that item of Equipment, which shall only be subject to further modification with the prior approval in writing of the Client Officer. Appropriate amendments shall be made to the Inventory detailing any modifications to items of Equipment listed in it.

6.3.4 The Client Officer may when approving a modification requested by the Contractor require

the Contractor to reverse all modifications and to return the Equipment to its original condition at the end of the Contract Period.

6.4 Compensation for Loss of or Damage to Equipment 6.4.1 The Contractor shall compensate the Council for any item of Equipment in the Inventory

that is found at the end of the Contract Period or at a Stock Take to have been damaged beyond repair, lost, or not repaired, maintained, replaced or renewed as required under the Contract.

6.5 Coin-operated Equipment provided at the Centre 6.5.1 The Contractor shall not introduce coin-operated Equipment to the Centre without the prior

written agreement of the Client Officer. 6.5.2 The Contractor shall have full responsibility for the maintenance, repair and cleanliness of

all coin-operated Equipment. 6.5.3 At all times the Contractor shall ensure that a minimum of 95% of the lockers available in all

of the changing rooms are fully operational. 6.6 Amusement/Gaming Machines 6.6.1 The Contractor shall not install or provide at the Centre amusement, skill, video or gaming

machines or childrens rides without prior approval of the Client Officer. 6.6.2 The Contractor shall not relocate any amusement, skill, video or gaming machine at the

Centre without the prior approval of the Client Officer. 6.6.3 The Contractor shall be wholly responsible for all costs, taxes and other appropriate

payments required in relation to the provision of any kind of amusement, skill, video or gaming machine, now or in the future.

7.0 TECHNICAL, BUILDING AND PLANT OPERATION AND MAINTENANCE 7.1 Maintenance Policy 7.1.1 It is the policy of the Council that the Centre should be maintained to a high standard and

that planned preventative maintenance is carried out to reduce unwarranted Centre closures or disruptions to the Service and to protect the long term future of the Centre.

7.1.2 The Contractor shall submit for the approval of the Client Officer as part of the Operational

Strategy, and annually as part of the Contract Review, a maintenance programme setting out the way in which the overall maintenance of the Centre (including planned preventative maintenance) is to be carried out and by which contractors.

7.2 Maintenance and Replacement Responsibilities 7.2.1 Apart from the maintenance, repair, renewal or replacement of those structural elements

and Installations of the Centre which is expressed to be the responsibility of the Council in sections 7.4 or 0 of this Specification, all other maintenance, repairs, renewals and replacements necessary to run and retain the Centre in satisfactory order shall be the responsibility of the Contractor and carried out at their expense.

7.2.2 “satisfactory order” within the previous paragraph means a condition allowing full efficient

lawful and safe operation and use of the whole of the Centre at all times and the appearance and condition of the Centres finishes and decorations shall be deemed satisfactory so long as their deterioration is due to minimal fair wear and tear only and they are safe.

7.2.3 The Client Officer may insist upon works being carried out that are the Contractors

responsibility to ensure that the following situations do not arise:-

(a) deterioration of the structural elements or any other area of Council responsibility due to the inadequate, incorrect or late renewal, repair or maintenance of any item by the Contractor;

(b) undue or unsightly deterioration of the building finishes or fabric; (c) deterioration of any safety system, procedure or facility. 7.2.4 The Council may carry out works that are the Contractors responsibility if the Contractor

fails upon notice to meet any of their obligations. The Council may recharge any costs including administrative costs reasonably incurred in carrying out these works to the Contractor. The cost of any works within the Councils responsibility which are necessitated by the Contractors failure to carry out their obligations may also be recharged to the Contractor.

7.2.5 The Client Officer may present a schedule of works to the Contractor to ensure compliance

with their obligations. The Contractor will be expected to carry out these works as soon as reasonably possible.

7.2.6 The Contractor shall co-operate and provide every facility and assistance to the Client

Officer during the inspection, testing and carrying out of any necessary works by the Council.

7.2.7 The Contractor must advise the Client Officer of all defects or maintenance problems as

soon as reasonably possible after their discovery. 7.2.8 The Client Officer may instruct the Contractor to carry out work that is not the Contractors

responsibility and pay the Contractor all reasonable costs incurred. 7.2.9 The Contractor must keep the Client Officer fully informed of all works being carried out and

give adequate notice before commencement of any significant work. Records must be kept of all work undertaken. The Client Officer may stop the Contractor carrying out any work deemed unfit or inappropriate.

7.2.10 The Contractor must take all reasonable steps to reduce the effect of any delays or

disruptions caused by work by the Council on the Contractors schedule of activities and reschedule such activities where practicable. The Contractor must also take all reasonable steps to mitigate any direct or consequential financial loss or expense arising out of the delay or disruption.

7.2.11 The Contractor will be held entirely responsible for the safety of the Customers during the

carrying out of any work by the Contractor. 7.2.12 The Contractor shall protect and keep free from damage during any of their work adjoining

property, pavings and public and private spaces and shall make good to the satisfaction of the Client Officer any damage so caused.

7.2.13 The Contractor is to bear all expenses associated with their obligations to maintain repair

renew or replace including all fees and charges. 7.2.14 An item must be replaced at the Contractors expense when it can no longer be suitably

repaired by the manufacturer or with the manufacturers parts. Make shift or unsightly repairs will not be permitted.

7.2.15 Any Installation provided by the Contractor shall become the property of the Council.

7.2.16 The Contractor shall ensure that whenever the Centre is closed otherwise than in the ordinary course of business the whole Centre is checked at least once daily by a suitably qualified member of staff. This is to include full water chemistry tests which are to be recorded in the normal way.

7.2.17 The Contractor may shut down the swimming pools in each Concession Year for a period

of not more than seven days to drain and carry out any necessary maintenance of the main pool, diving pool and learner pool. No reparation or compensation for this closure period shall be made to the Contractor. The Contractor must also liaise with the manager of Dorking Sports Centre to ensure that the pools there are not closed at the same time as the pools at the Centre. The Contractor shall notify the proposed dates of closure to the Client Officer at least two months in advance of the closure for prior approval. The Client Officer may instruct the Contractor (at no cost to the Council) to carry out such maintenance should the Contractor fail so to do.

7.2.18 In the event of the closure of part or all of the Centre for the purposes of planned

preventative maintenance the Contractor shall agree any arrangements with the Client Officer a minimum of two months in advance. In the event of the closure of part or all of the Centre for exceptional maintenance or for reasons of emergency the Contractor shall notify the Client Officer by telephone immediately and in writing within 24 hours stating the reason for the closure, the action taken and the estimated length of the closure.

7.2.19 The Contractor is fully responsible for all fire safety measures associated with the Centre in

agreement with the fire safety officer. The Contractor will carry out periodic inspections of all fire safety measures, procedures and facilities.

7.3 Contractors Itemised Responsibilities 7.3.1 The Contractors responsibility in relation to the following list of items in this section of this

Specification includes maintenance repair renewal and replacement (unless otherwise stated) but the list is not exhaustive and the Contractor is responsible for all maintenance repairs renewals or replacements not specifically stated to be the Councils responsibility in section 7.4 or 0 of this Specification.

7.3.2 Floor Coverings and Finishes

Routine repair, maintenance, renewal and replacement, to ensure the safety and enjoyment of the public and the avoidance of unsightly deterioration of all floor and stair coverings including skirtings, nosings, treads and risers of carpet, vinyl, tiles, covers, grips and expansion joints, all applied finishes to floor coverings including varnish or paint; all court and pitch markings, all other markings, for example depth markings on pools, howsoever they may be damaged or deteriorate, routine maintenance of tiling of pool tank and pool surround. See also paragraph 7.5.1 of this Specification.

7.3.3 Ceiling Finishes

Tile, sheet or boarded finishes including suspended ceiling finishes and plaster repairs. 7.3.4 Roof Lights

Beading, ironmongery and all glazing. 7.3.5 Rainwater Goods

Clearing out all gutters, downpipes, flat roofs and associated areas and keeping them in good order and free from obstruction. All rainwater goods, downpipes flat roofs and associated areas shall be cleaned out at least twice a year (spring and autumn) or more often if required to keep them clear and free flowing.

7.3.6 Staircases (Internal and External)

Finishes and coverings including stair nosings, paintings and coverings to balustrades and handrails.

7.3.7 External Wall Surfaces

Removal of graffiti and any other surface disfigurement as it occurs. 7.3.8 Internal Wall Surfaces

Brickwork, plaster, tiles, sheet or boarded wall finishes, including paint work, varnish, pointing and grout, glazing of panels and mirrors, removal of graffiti and any other surface disfigurement as it occurs, including repainting if required to match in.

7.3.9 Windows and Window Fittings

Ironmongery, all glass, catches, vents and cords, including easing and adjusting and keeping water tight.

7.3.10 Doors

Doors and roller shutters including minor repairs, adjustments to closures and catches, locks, furniture and keys, replacement of all door and frame components including replacement of door and frame complete if necessary, operation of electrical components.

7.3.11 Glazing

All glazing throughout the building including rooflight glazing. 7.3.12 Internal Decorations

Routine decoration, to overcome lack of cleanliness or unsightly deterioration, of all surfaces previously decorated to match existing including stopping and filling, tiled areas to be washed down, scrubbed and re-grouted, all in accordance with the maintenance programme and as P S A Standard Specification for Interior Redecoration Work 1989, and to the approval of the Client Officer throughout the Contract Period. See also paragraph 7.5.1 of this Specification.

7.3.13 Fittings and Fixtures

All fixtures and fittings including all consumables such as bulbs and the like, and sports fixtures and fittings, all railings and steps to pool areas and the like.

7.3.14 Appliances and Furnishings

All appliances, furniture and furnishings, including fitted kitchen furniture and worktops, suites and shelves, fitted cupboards, tables or counter tops, bench seats, coat hooks, rails, towel and toilet roll holders, WC cubicles and doors, shower enclosures and doors, all notice boards and display equipment affixed to walls throughout the Centre including illuminated signs and posters internal and external, all lockers and changing cubicles.

7.3.15 Pest Control

Special works carried out as required for the purpose of disinfection or pest control of any sort.

7.3.16 Drainage

The correct operation (in accordance with the manufacturers instructions and recommendations), maintenance (in accordance with the maintenance programme), checking, repair and replacement of drainage systems to the satisfaction of the Client Officer, including cleaning and keeping clear all drainage below and above ground including manholes, traps, floor gullies, gratings, channels and the like between sanitary appliances and final outfall or outlet, all repairs and adjustments to sanitary fittings, waste soil plumbing, sinks, fountains and the like including taps, valves, traps, mechanisms and the like, including moving parts such as lids and seats, keeping all in working condition and regular servicing and cleaning as required.

7.3.17 Building Services

All water supplies from the meter and within the building including all pipework, valves, tanks and the like, keeping all in working condition.

Servicing and keeping in lighting and power all electrical systems, sockets, switches and shower units, light fittings, lift, lightning conductors, and repairing, replacing or renewing components, cables and fittings, all to be in a safe condition at all times.

All gas supplies within the building including all pipework, valves and the like, keeping all in safe working condition.

All fire safety systems of electrical or mechanical nature.

All internal communications, telephones, public address systems, information technology infrastructure, alarms and security cameras, all to be to kept fully operational, and replaced as necessary.

The correct operation (in accordance with the manufacturers instructions and recommendations), maintenance (in accordance with the maintenance programme), checking and replacement of all Installations to the satisfaction of the Council. See also paragraphs 7.5.2, 7.5.3, 7.5.4 of this Specification.

7.3.18 External Areas

Keeping in lighting and regular maintenance of all external lights, including switch gear, bulbs, cleaning, adjustment, normal servicing and checking and cabling.

7.3.19 Records

Maintaining records of any breakdowns, failures, incidents, or accidents involving any part of the building, plant or machinery, together with details of all checks and service overhauls, including dates, materials, defects and other actions.

7.3.20 Vandalism

Make good damage to buildings, plant and machinery caused by misuse or vandalism. 7.4 Councils Itemised Responsibilities 7.4.1 The Council shall be responsible for maintenance repair renewal and replacement of the

items in the following list in this section of the Specification except where the work is required as a result of the Contractors failure to discharge their own obligations.

7.4.2 Foundations

All structural support below ground level including damp proof courses. 7.4.3 Frames

All structural frame members in steel, timber or reinforced concrete including ties, bracing, bolts and lintels.

7.4.4 Floors

All structural floors and screeds (excluding finishes), pool tanks and tiled surrounds (excluding day to day maintenance such as small areas of damaged tiles).

7.4.5 Roofs

All structural roof supports and coverings including eaves and verges. 7.4.6 Roof lights

Structural support and replacement or repair (excluding beading ironmongery and glazing). 7.4.7 Rainwater Goods

All rainwater goods, including gutters, downpipes, clips and fastenings (excluding clearing out).

7.4.8 Staircases

All structural support of staircases and landings including external fire escape stairways. Renewal of balustrades and handrails (excluding nosings and other finishes).

7.4.9 External Walls

All load bearing and non-load bearing walls, frames, panels, glazed walling and metal sheeting.

7.4.10 Chimneys and Flues

Chimney stacks and flues including flashings and fixings. 7.4.11 External Surfaces Applied surface finishes and renderings. 7.4.12 Internal Walls Partitions and Glazed Screens

All internal walls and partitions (excluding finishes and glazing) 7.4.13 Windows and Fittings

Replacement of complete window structure and frame. 7.4.14 Ceilings

Suspended ceiling supporting structure (excluding surfaces or components exposed to room areas).

7.4.15 Insulation

Structural insulation to roofs and walls. 7.4.16 Timber Preservation

All works associated with the prevention or eradication of wood rot or beetle infestation. 7.4.17 External Decoration

All works associated with external decorations to walls, windows and doors. 7.4.18 Drainage

All below ground drainage manholes and floor gullies between building and main sewers (excluding cleaning, rodding and keeping clear).

7.4.19 Sanitary Fittings

Major replacement of sanitary fittings as complete items due to obsolescence or fair wear (excluding vandalism).

7.4.20 External Areas

Car park and footway surfaces including white lining and marking. Boundary fences Kerbing, edgings and bollards. Car park lighting columns. Manholes, covers and frames, gulley pots, and grates (excluding cleaning). Below ground drainage (excluding cleaning and rodding).

7.4.21 Compliance with Licensing Requirements Any structural work required to the Centre to secure compliance with any statutory licensing requirements

7.5 Major Renewals and Replacements 7.5.1 In addition to the Contractors routine responsibilities for all internal decorations, floor

coverings and floor finishes, as outlined in Section 7.3 of this Specification, the Contractor must provide the PC sum of £40,000 per annum to be expended by the Contractor on major decoration works (including total repainting of walls, resealing of floors, replacement of carpeting, etc.) and major items of maintenance as referred to in paragraph 7.5.3. The Contractor must submit his proposals for expenditure under this paragraph and paragraph 7.5.3 to the Client officer as part of the Contract Review at the beginning of each Concession Year together with a timed programme for their implementation. No works shall be undertaken using the P C sum without the prior approval of the Client Officer. The Client Officers decision on the works to be carried out shall be final. The Council shall not reimburse the Contractor for revenue lost as a result of any closure of the Centre necessary to carry out these works. Any of the annual PC sum of £40,000 unexpended in a Concession Year shall be credited to a separate maintenance fund by the Contractor and applied as approved by the Client Officer in future Concession Years. Any unexpended balance of the fund at the end of the Contract Period shall be transferred to the Council.

7.5.2 The Contractor shall be responsible for the operation, maintenance and repair of all

Installations and for the renewal and replacement of minor Installations. These obligations include the provision of all necessary consumables. The Council shall not reimburse the Contractor for revenue lost as a result of closure of the Centre necessary for any planned preventative maintenance.

7.5.3 Any life expired major Installation which requires substantial renewal or replacement

otherwise than as a consequence of the Contractors actions or neglect, will be included in a “Major Repairs and Renewals” schedule and programmed for a mutually convenient date. The cost of such work shall in the first instance be met from the P C sum referred to in paragraph 7.5.1 of this Specification. When that is already committed, the work will be carried out as soon as the Council can make funding available. The Council shall not reimburse the Contractor for revenue lost as a result of any closure of the Centre necessary for planned preventative maintenance.

7.5.4 Examples of major Installations for the purposes of the paragraph 7.5.3 are:-

Pool filters and filter material Chlorine dosing equipment Pumps Calorifiers Domestic Hot Water System Lifts Distribution Boards Ventilation Controls and Ducting Temperature Controls Obsolete light fittings Buried Pipe Work Sauna Cabin

N.B: This does not include repairs, routine servicing and keeping in day to day operation, all of which are the Contractors responsibility.

7.6 Modifications to the Centre 7.6.1 The Contractor shall not make any modifications to the Centre without the prior written

approval of the Council. Modifications include the construction or demolition of any building, facilities or other structure, any change of the design or the materials used in any building, facility or structure, any change to the materials or colours used for particular surfaces and finishes, any change to the design, components and materials used for engineering plant and building services as well as any change to the design, components and materials used for fixtures and fittings.

7.6.2 Any modification to the Centre requested by the Contractor and approved by the Council

shall be funded and implemented by the Contractor unless otherwise agreed. 7.6.3 It shall be the responsibility of the Contractor to obtain planning consent and building

regulations approval as necessary for any modification approved by the Council. The Contractor shall not assume that an approval of the Council for modification to the Centre in the context of the Contract shall result in the successful application for planning consent or building regulations approval.

7.6.4 On completion of a modification to the Centre, that modification shall become part of the

Centre and shall only be subject to further modification in accordance with the requirements of the Contract.

7.6.5 A modification that results in an addition to the Centre shall become the property of the

Council. Unless the Council agreed otherwise, in writing, when approval was given, no reparation or compensation in respect of the addition to the Centre shall be made to the Contractor at the end of the Contract Period.

7.6.6 A modification required by the Council that has a materially adverse affect on the

performance of the Service shall be treated as a Variation. 7.7 Compensation in Respect of Damage to the Centre 7.7.1 A survey of the Centre shall be undertaken two months before the end of the Contract

Period (or as soon as practicable after the Contract Period on any early termination of the Contract) to determine the state and condition of the Centre at that time.

7.7.2 If the survey shows that the Contractor has not fulfilled the requirements of the Contract,

the Contractor shall at their own expense undertake and complete the remedial work listed in the report as necessary to put the Centre in a state of repair consistent with due performance of the Contractors obligations.

7.7.3 Any dispute regarding the findings of the survey will be referred to arbitration in accordance

with the Conditions of Contract except that the arbitrator shall be appointed by or on behalf of the President of the Royal Institution of Chartered Surveyors.

7.8 Maintenance Agreements 7.8.1 The Contractor shall properly maintain all Equipment and Installations in the Inventory and

shall enter into or take over all specialist maintenance agreements necessary for this purpose and pay all sums due under them to the various maintenance contractors.

7.8.2 The Contractor shall ensure that the maintenance agreement procedures are fully

implemented and the required records maintained.

7.8.3 The Contractor shall contract only with suitably qualified specialist maintenance contractors approved by the Council.

7.8.4 All materials used and standards of workmanship employed by the Contractor must be of a

standard appropriate to a leisure centre subject to heavy public usage. 7.8.5 All materials used by the Contractor shall be in accordance with current British Standard

specifications or European equivalents and other codes of good practice whether specifically stated or not.

7.8.6 All standards of workmanship employed by the Contractor shall be in accordance with

current British Standard Codes of Practice and other relevant recognised codes of good practice whether specifically stated or not.

7.8.7 Replacement or renewed Equipment, Installations, finishes or other items for which the

Contractor is responsible shall match exactly the existing. If an exact match is not available they shall be at least of the same quality in both design and manufacture and to the satisfaction of the Client Officer.

7.8.8 Manufacturers recommendations are to be strictly followed when using all materials and

components. 7.9 Maintenance Standards for Equipment and Installations 7.9.1 Those items of Equipment and Installations assigned as being the Contractors

responsibility shall be repaired and maintained to the following standards:

(a) items that are subject to a manufacturers or suppliers recommendation are to be repaired, maintained and cleaned to that instruction or recommendation, unless the maintenance of that item is superseded by statutory maintenance regulations;

(b) where items are subject to statutory maintenance regulations, including the lift,

those regulations shall be complied with. Copies of certificates of inspection shall be forwarded to the Client Officer;

(c) heating plant shall be inspected annually by an inspector approved by the Heating

and Ventilation Contractors Association, but who is independent of the Contractors management structure. Copies of certificates of inspection shall be forwarded to the Client Officer; and

(d) electrical installations, including the lift, shall be inspected annually by an inspector

who is a member of the National Inspection Council for Electrical Installation Contracting but who is independent of the Contractors management structure. Copies of certificates of inspection shall be forwarded to the Client Officer within two weeks of the inspection taking place.

7.9.2 The Council shall not be liable for loss of income or other loss or damage as a result of

closure of the Centre due to the Contractors failure to meet the required standards of maintenance, unless it can be shown that unreasonable delay in carrying out repair or maintenance work is caused by the Council.

7.10 Cleaning Requirements 7.10.1 The Contractor must ensure that high standards of cleanliness and hygiene are maintained

at all times throughout the Centre to the satisfaction of the Client Officer.

7.10.2 As a guideline to the Contractor the standard of cleanliness and hygiene to which the Contractor shall work shall be within the following parameters:

(a) all areas within the Centre shall be litter free at all times and all waste bins emptied

as required;

(b) all interior and exterior surfaces, walls, floor coverings, glass, furniture, furnishings, Equipment and Installations, on view to Customers or accessible to Customers shall be maintained free of all dust, grease, dirt, stains, graffiti, deposits or marks of any kind at all times and disinfected as required;

(c) all interior and exterior surfaces, wall, floor coverings, glass, furniture, furnishings,

Equipment and Installations not on view or accessible to the Customers shall be regularly cleaned on at least a weekly basis, maintained free of all dust, grease, dirt, stains, graffiti or marks and disinfected as required;

(d) all toilet and changing areas shall be stocked at all times with consumable and other

hygiene items including soap, toilet paper, hand-drying facilities and sanitary disposal facilities;

(e) showers and the entire water distribution system in the Centre shall be cleaned and

regularly checked to prevent the presence of legionella or other harmful organisms. The management of risk associated with the control of Legionellosis (including Legionnaires’ disease) will be carried out in line with the Health and Safety Approved Code of Practice document L8 ‘Legionnaires’ Disease: The control of Legionella bacteria in water systems,’ Water Regulations etc. The risk assessment documents and risk control measure, records will be retained by the contractor and passed to the Council at the end of the concessionary period.

7.10.3 The Contractor shall ensure that both routine and specialist cleaning takes place

throughout the Centre as required to maintain the standards outlined in the previous paragraph.

7.10.4 The Quality Management System shall ensure those standards are maintained and

checked. 7.10.5 The Contractor shall ensure that sufficient staff are available to maintain the highest

standards of cleanliness throughout the operational day and according to the level of usage and programme.

7.10.6 The Contractor can be required, at any time, by the Client Officer to increase cleaning

frequency to meet standards required. 7.11 Disposal of Waste/Refuse 7.11.1 The Contractor shall make proper arrangements for the disposal of all effluent, waste and

refuse from all parts of the Centre from the Completion Date until the day after the Contract Period. The Contractor shall comply with the Environmental Protection Act 1990.

7.11.2 The Contractor shall ensure that all waste refuse is stored whilst awaiting collection in

containers approved by the Council. 7.11.3 The Contractor shall ensure that the volume of any effluent, waste or refuse at the site and

facilities does not exceed the capacity of the storage containers available and shall not permit any waste or refuse to be stored or accumulated around or about the approved waste and refuse containers.

7.11.4 The Contractor shall not dispose of by burning any waste or refuse at the Centre unless the

Client Officer agrees otherwise. 7.11.5 The Contractor shall be responsible for the payment of costs of disposal of any effluent,

waste or refuse from the Centre and will be responsible for the Controlled Waste Description and Transfer Note and Agreement.

7.12 Environmental Conditions 7.12.1 The Contractor shall be required to operate the Centre to maintain the comfort and safety of

all Customers and shall follow the recommendations given in publications by Sport England's Technical Unit for Sport.

7.12.2 Lighting levels shall be maintained to ensure safe and comfortable levels of illumination for

all Customers and staff. 7.12.3 The Contractor shall obtain the prior written approval of the Client Officer for alterations or

improvements to lighting throughout the Centre. Any work carried out must be done by approved contractors and where appropriate with due regard to the recommendations of Sport England's Technical Unit for Sport.

7.12.4 Any serious power failure requiring the closure of the whole or part of the Centre must be

reported to the Client Officer as soon as is practical and in any case within twenty-four hours of the incident.

7.13 Swimming Pool Water Quality 7.13.1 The swimming pool water shall at all times be completely safe for bathing and pleasant to

bathe in, controlled by having approved quantities of disinfectant dissolved in the water to ensure bacteria and pollution introduced by bathers is immediately neutralised and chemically balanced so as not to cause bathers discomfort and to cause minimum corrosion problems and limescale formation in pool plant.

7.13.2 The Contractor shall meet the practical advice given on the purification of water in the Pool

Water Treatment Advisory Group publication “Swimming Pool Water” Treatment and Quality Standards 1999.

7.13.3 The Contractor shall, at all times, be required to maintain the swimming pool water in good

colour, quality, appearance and clarity. In line with standards as recommended in the “Managing Health and Safety in Swimming Pools HSE/Sport England publication and as detailed in PAS 39, Management of Public Swimming Pools, Water Treatment, Water Treatment Plant and H&V Systems-Code of Practice. At all times, the Contractor shall be required to maintain the pool water in good colour, quality, appearance and clarity. At all times, as a minimum requirement it must always be possible to discern an object the size of a 10 pence piece on the bottom of the deepest part of each pool whilst the pools are in use. If it is not possible to maintain this standard in all areas at any time, the affected pool must be closed immediately.

7.13.4 The pool water shall be maintained in a balanced condition. The following parameters shall

apply:

(a) pH level: 7.2-7.7 (b) calcium hardness: 75 – 150 mg/l (caco3)

(c) total alkalinity 75 – 200 mg/l

(d) free chlorine shall not exceed 3 parts per million (ppm). The Contractor shall aim for a free chlorine level of 1.5 - 2.0 ppm. If free Chlorine levels fall below 1.0 ppm, the Contractor must be able to demonstrate that he or she is in the process of rectifying the situation and at no time must the level be allowed to fall below 0.5 ppm;

(e) total dissolved solids shall be maintained below 3000 ppm and the Contractor shall

aim to achieve a TDS level below 1500 ppm; it is recommended that contractors replace 30 litres of water per bather per day to this end; and

(f) combined chlorine level: the contractor shall aim to maintain control of the combined

chlorine at a level not in excess of 33.3-50% of the total chlorine level. 7.13.5 Pool water tests, to ascertain free, total and combined chlorine levels, pH levels and the

temperature of the water will be carried out at intervals of not greater than two hours during public opening times by the Duty Technician. The tests shall be carried out by taking samples from the inlet and outlet ends of the swimming pools and the results recorded in the pools water log. In cases such as incidents of faecal fouling of the water, the frequencies of pool water tests will be increased in line with best practice. Detailed procedures for dealing with such incidents will be contained with the contractors site specific Emergency Operating Procedures Document.

7.13.6 Balanced water tests (including Total Dissolved Solids) will be carried out, by the Duty

Technician at intervals of not greater than seven days and the results recorded in the pool water log. Adjustment to ensure safe, balanced, water will be made by the Duty Technician in a timely fashion in order to protect bathers, plant and the pool hall environment.

7.13.7 Backwashing of the pools shall be carried out by the Duty Technician at a frequency

determined by bather loads and the requirements of the next section of this Specification on heating and ventilation. Backwashing of the pools shall take place at least once a week at off-peak times and at least twice a week at peak times.

7.13.8 During opening hours the water levels of the pools shall always be at the full operational

level for deck level pools. 7.14 Heating and Ventilation 7.14.1 The Contractor shall maintain temperatures in the Centre at a comfortable level for

Customers according to the use of the relevant area. The Contractor shall follow the recommendations given in Sport Englands Technical Unit for Sport publications.

7.14.2 Water in the main and teaching pool shall be maintained at 300 C and in the diving tank at

280C at all times they are open for use. Where possible, the pool hall air temperature shall be maintained at 10C above water temperature. Relative humidity shall be maintained at 60% + or - 10%.

7.14.3 The Quality Management System shall ensure that the above environmental conditions are

maintained. 7.14.4 If the Client Officer or anyone acting on their behalf tests and records the environmental

conditions, takes water samples or tests water quality, the record of the results shall be countersigned by the Centre Manager or their representative.

7.14.5 Full records shall be kept of the checks specified in this section of the Specification which,

in the case of the pool hall and the changing rooms, must be carried out a minimum of

three times each day (morning, afternoon and evening) to ensure that the required conditions are maintained.

7.14.6 If there is any deviation from the specified temperatures, the Contractor shall record the

action taken to rectify the problem. The recorded information shall be available for inspection by the Client Officer at all times.

7.15 Recording of Environmental Conditions 7.15.1 The Contractor shall supply all the Equipment necessary to carry out regular accurate tests

to ensure that the required environmental and water quality conditions are maintained. The Contractor shall implement and record the following tests.

7.15.2 In the swimming Pool the first test of the day shall be undertaken before the first bather

enters the pool water and the following information shall be recorded:

(a) free chlorine reading; (b) combined chlorine reading; (c) total chlorine reading; (d) filter differential pressures; (e) pH level; (f) external weather conditions; (g) humidity factor;

(h) pool water/air temperatures; and

(i) date and time of tests. 7.15.3 In respect of facilities other than the pools the Quality Management System shall ensure

that regular recorded measurement of the temperature is made. The frequency shall be subject to the approval of the Client Officer.

7.15.4 All log sheets and results of tests are quality records and shall be signed as inspected by

the Centre Manager and the Duty Technician and be available at all times for inspection by the Client Officer.

7.15.5 If there is any deviation from the required standards for water quality the Contractor shall

take remedial action and record the nature of the action taken and the point at which the water reached the required standard. These records shall be available for inspection by the Client Officer at any time.

7.15.6 All water samples shall adhere to the minimum standards for bacteriological quality

required by the Health Protection Agency and results will be compliant with BSI Code of Practice PAS39:2003 – Management of public swimming pools. The Contractor will ensure bacteriological testing is carried out in accordance with Swimming Pool Water (Treatment and Quality Standards) PWTAG 1999 publication. In the event of readings that fall outside of the Health Protection Agency’s guidance, the Contractor will have detailed contingency plans contained within the Centre’s EOP to deal with the situation. All such incidents will be

notified to the Client Officer immediately along with details of the corrective action being undertaken.

7.15.7 Any approved alterations, replacements and maintenance of any item of Equipment or

Installation connected with the internal environment shall be recorded and logged for inspection by the Client Officer.

7.15.8 The Contractor shall ensure that all appropriate staff are conversant with the records

connected with the internal environment in order that immediate corrective action can be taken as and when necessary.