GENERAL CONDITIONS OF CONTRACT FOR PROVISION OF PASSENGER TRANSPORT SERVICES

December 1992 (Revised Nov 2006)

Director of Development City Hall Beaumont Fee Lincoln LN1 1DN

- GENERAL CONDITIONS OF CONTRACT FOR THE PROVISION OF PASSENGER TRANSPORT SERVICES

- CONTRACT

SCHEDULE A - ADDITIONAL CONDITIONS SPECIFIC TO THE PROVISION OF AN EDUCATION CONTRACT

SCHEDULE A1 - SPECIAL EDUCATIONAL NEEDS: TRANSPORT CARE STATEMENT

SCHEDULE B - ADDITIONAL CONDITIONS SPECIFIC TO THE PROVISION OF A LOCAL BUS CONTRACT

SCHEDULE C - ADDITIONAL CONDITIONS SPECIFIC TO THE PROVISION OF A SOCIAL SERVICES CONTRACT

SCHEDULE C1 - SOCIAL SERVICES DEPARTMENT: TRANSPORT CARE STATEMENT

SCHEDULE D - ADDITIONAL CONDITIONS SPECIFIC TO THE PROVISION OF A MUSIC TRANSPORT CONTRACT

SCHEDULE E - ADDITIONAL CONDITIONS SPECIFIC TO THE PROVISION OF PRIVATE HIRE VEHICLES

SCHEDULE F - STANDARDS OF SERVICE

SCHEDULE G - SERVICE SPECIFICATION/FARE SCHEDULE

SCHEDULE H - VEHICLE SPECIFICATION

SCHEDULE I - ACCEPTANCE OF CONTRACT

SCHEDULE J - WELFARE VEHICLE SPECIFICATION

SCHEDULE K - ADDITIONAL CONDITIONS SPECIFIC TO THE PROVISION OF A SCHOOL MEALS CONTRACT

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LINCOLNSHIRE COUNTY COUNCIL

GENERAL CONDITIONS OF CONTRACT FOR THE PROVISION OF PASSENGER TRANSPORT SERVICES (DECEMBER 1992 REVISION)

INTERPRETATION

In this Contract the following terms shall have the following meanings:

'Council' means the Lincolnshire County Council and includes the Council's successors in title

'Operator' means the person or persons (being in partnership), firm, limited company or other organisation whose tender has been accepted by the Council and includes the Operator's successors and permitted assigns.

'Contract Price' means the sum specified in the Contract for the provision of the Service together with any addition thereto or deduction therefrom advised in writing under the Contract.

'Vehicle' means (i) (ii) (iii)

(iv)

a Public Service Vehicle a Vehicle carrying a Community Bus Permit a Private Hire or Hackney Carriage unless the contract is in an area or of a type which is exempt from such licensing. where (i), (ii) and (iii) do not apply, a Vehicle of 8 passenger seats or less which must be specific to the Contract, not used for any other commercial purposes and be tested annually at a garage nominated by the Council.

'Contract' means the tender forms, conditions of tender, Specifications of Service, Conditions of Contract including the Schedules attached.

'Service' means a Local Bus Contract, or an Education Contract, or a Social Services Contract, or a Music Transport Contract or a School Meals Contract to be provided by the Operator in accordance with this Contract including the Conditions, the Schedules and the Specification.

'Education Contract' means a Service for the carriage of Scholars entitled to free home to school/college transport.

'Local Bus Contract' means a Service for the carriage of Passengers as defined in Section 2 of the Transport Act, 1985.

'Social Services

Contract'

means a Service for the carriage of Passengers to establishments maintained by the Director of Social Services and to and from other venues on behalf of voluntary organisations.

'Music Transport Contract'

means a Service for the carriage of members of School Orchestras and Bands to rehearsals and concert venues.

'School Means Contract'

means a service for the carriage of meals.

'GDP Deflator' an index published by the Central Statistical Office, measuring price changes in the economy as a whole, which will be used for inflating Contract rates.

'DPTAC' means Disabled Persons Transport Advisory Committee.

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'District Council' shall have the meaning assigned to it under the Local Government Act 1972 (as amended).

'Duly Authorised means the Director of Highways and Planning or such other representative as

Officer' may be designated by the Council to act as the Council's representative for the purpose of this Contract.

'Schedules' means additional conditions that relate specifically to either an Education Contract, a Local Bus Contract, a Social Services Contract, a Music Transport Contract, a School Meals Contract or the operation of Private Hire Vehicles; or the Standards of Service.

'Specification' means the proposed timetable, route and days of operation, maximum farescale and type of vehicle required as contained in the Schedules.

In this Contract where the context permits:

1. the word 'Passenger' includes 'Scholar' as defined in Schedule A.

2. words importing the singular include the plural and vice versa and any reference to any statute, including any regulation, shall include any statutory amendment or modification.

3. headings are for reference purposes only and shall not be deemed to be part of the Contract or otherwise be used to interpret the meaning of the Clauses to which they relate.

4. the use of the words 'Party' or Parties' means either one or both the Council and the Operator as the case may be, being Party to this Contract.

For the avoidance of any doubt the General Conditions (including this interpretation clause) are those conditions contained in Clauses 1 to 24 inclusive.

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1. CONTRACT

1.1 The Operator shall provide a Service of the type and quality and in accordance with the general conditions contained in this Contract including the particular conditions contained in the Schedules concerning the routes, timetable, fares and other matters detailed or set out below subject to such modifications as may from time to time be hereafter agreed by the Council in writing.

1.2 Any particular conditions and requirements contained in the Schedules and Specifications shall form part of the Contract, and, in the case of conflict, these particular conditions and requirements shall take precedence.

1.3 This Contract commences upon the commencement date contained in Schedule I.

2. LEGAL REQUIREMENTS

2.1 The Operator shall be in possession of and keep in force an Operator's Licence appropriate to and for the number and size of Vehicles to be operated (as required by Section 12 of the Public Passenger Vehicles Act 1981) or a Private Hire Car Operator's Licence or a Hackney Carriage Licence as appropriate unless the contract is in an area or of a type that is exempt from licensing.

2.2 The Operator shall ensure that all Vehicles used under this Contract shall comply with all requirements of the law relating to passenger carrying vehicles including licensing, insurance, testing, operation, construction, use, fitness, equipment, safety and maintenance.

3. INDEMNITY

3.1 The Operator shall indemnify and keep indemnified the Council from and against any and all loss, damage or liability (whether criminal or civil) suffered and legal fees and costs incurred by the Council resulting from a breach of this Contract by the Operator including

3.1.1 Any act, neglect or default of the Operator's employees or agents;

3.1.2 Breaches in respect of any matter arising from the supply of the Service resulting in any successful claim by any third party.

4. INSURANCE

4.1 The Operator shall:

4.2.1 Maintain at his or its own cost a Motor Insurance policy to cover the liability of the Operator in respect of any act or default for which it may become liable and to indemnify the Council under the terms of this Contract. The minimum limit per third party property damage claim under that policy shall be arranged at £5,000,000;

4.2.2 Maintain at his or its own cost a Public Liability Insurance policy to cover the liability of the Operator in respect of any act or default for which it may become liable and to indemnify the Council under the terms of this Contract. The minimum limit per claim under that policy shall be arranged at £2,000,000;

4.2.3 Produce any such policies of Insurance to the Council at the commencement of the Contract and at any time upon written demand to enable the Council to inspect it.

4.2.4 Notify the Council immediately of any alteration, cancellation or change of cover as provided for the Operator's Insurance.

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4.3 In the event of any accident involving loss of life, injury or damage to property during the performance of this Contract, the Operator must notify the Council no later than the Council's next working day. If requested by the Council, the Operator will provide a full written report of the incident.

5. VEHICLES

5.1 The Operator shall ensure that all Vehicles used under this Contract will be reasonably clean, comfortable, properly heated and ventilated.

5.2 The Operator shall take all reasonable precautions to ensure the safety and good conduct of Passengers on board the Vehicle and when entering or leaving it.

5.3 The Operator shall comply with any requirement or restriction relating to the number or category of standing passengers.

5.4 Any special requirements for the Vehicle including tail lift facilities, wheelchair and clamp provision, childseats, restraints, safety belt requirements, DPTAC standards shall be provided in accordance with the Schedules and Specifications. In such cases, drivers (and escorts where provided) must be given proper training in their use.

5.5 The Vehicle or Vehicles deployed on the Contract will be that or those specified by the Operator or shall be to an equivalent standard (or better) in so far as age, size, quality and accessibility shall be concerned.

5.6 No more Passengers shall be carried by the Operator than shall be specified or accord with the design or the licensed capacity of the Vehicle. Upon Local Bus Contracts or on Education Contracts, children may be required to sit three to any undivided double seat as prescribed by the Public Service Vehicle (Carrying Capacity) Regulations 1984.

5.7 The Operator shall allow Duly Authorised Officers of the Council to inspect the condition of any Vehicle used by or on behalf of the Operator on this Contract. If, in that officer's view, the condition of it or any of them is unsafe for Passengers to be conveyed in it or on them then the Operator shall provide a replacement Vehicle or Vehicles. In any case the Operator shall allow the Council's Duly Authorised Officer to examine any records relating to the service, repair, and maintenance of any Vehicle and permit an inspection of the Operator's premises.

5.8 As required by law or by the Council under this Contract the Operator shall provide and display in or on any Vehicles used by the Operator upon the Service any such notices as may be specified or required. Any such notice shall be displayed in the Vehicle in a prominent position.

6. DRIVERS AND ESCORTS

6.1 The Operator shall ensure that all drivers comply with the law.

6.2 The driver, and escort when required, should be competent, clean, smart and must not smoke at any time whilst operating the Service.

6.3 The driver, and escort when required, shall take all reasonable precautions to ensure the safety and good conduct of the Passengers on board the Vehicle and when entering or leaving it.

6.4 The driver, and escort when required, shall give any assistance to Passengers required in accordance with the Specification and Schedules.

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6.5 The Operator shall if requested provide the Council with the name, address and personal details (including details of any criminal convictions) of any driver or escort employed regularly on the Contract, and the Council may check these personal details in accordance with procedures authorised by the Home Office for the disclosure of criminal backgrounds of people with access to children and other vulnerable persons. The Operator shall notify the Council of any criminal convictions against any driver or escort employed regularly on the contract, following the award of the Contract or subsequent to any check against the personal details.

6.6 No person who in the opinion of the Council is considered unsuitable and who is so specified by the Council by direction in writing under this Sub Clause may be employed by the Operator as a driver or escort upon this Contract. The Council shall not be obliged to give the reasons for such direction.

6.7 The Council reserves the right to introduce training programmes for drivers and escorts. Operators shall, if requested, send drivers and escorts to a nominated venue at no additional cost to the Council.

6.8 Drivers escorts of non Public Service Vehicles may be required to wear and display identification badges provided by the Council.

7. ASSIGNMENT AND SUBLETTING

7.1 The Operator shall not transfer, assign or sublet the whole of the Service. Transfer, assignment or subletting of any part of the Contract may only occur with the prior written approval of the Council, except in cases of emergency when the Council shall be notified as soon as possible.

7.2 If the Operator proposes to transfer, assign or sublet any part of this Contract on a regular basis, this may only be done with the prior written consent of the council and such consent if given shall not relieve the Operator from any liability or obligation under this Contract.

7.3 Any failure on the part of the sub-contracted operator to meet the Council's requirements relating to the maintenance or quality of Vehicle, their mode and method of operation, insurance, legislation or to meet the requirements of the law may lead to the Council taking action for breach of this Contract against the Operator and this clause shall accordingly entitle the Council to proffer proceedings against the Operator in addition to or against the Sub Contractor for breach of contract or in tort as if the Contract had been entered into by them jointly and severally.

7.4 The Operator shall notify any change in ownership or control of the Operator's business immediately to the Council in writing. The Operator shall notify the Council of any change or acquisition of address, telephone or telex at the earliest opportunity but in any event within two working days of such change or acquisition.

8. PERFORMANCE

8.1 The Operator shall provide the Council with copies of any written complaint within twenty one days of its receipt together with a copy of any reply.

8.2 At any reasonable time, a Duly Authorised Officer of the Council shall have access to any documents which relate to the Service and will be permitted to travel without charge upon any Vehicle to inspect passenger tickets and/or conduct surveys or carry out such enquiries as it may reasonably require.

8.3 The Operator is responsible for providing the Service detailed in the Specification and the Council will monitor the Contract to ensure that the specified standards are achieved. Details of deductions which will be made from payment due for not

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meeting standards in respect of routeing and timetabling, seating, non-operation, late or early running, destination displays, Council notices, etc are detailed in Schedule F.

8.4 The Council reserves the right to adjust the rate for these deductions on 1 April each year. Any such adjustment will be notified in writing to the Operator.

8.5 In the event of the Operator being unable to fulfil the timetable as defined in the Specification it will be the Operator's responsibility to arrange for the Service to be maintained. The Operator remains liable in all respects for the provision of the Contract. In the event of the Council having to find a replacement operator, any additional costs incurred by the Council shall be recovered from the Operator.

8.6. In the event that the Operator does not in any case provide the Service and upon reasonable investigation carried out by the Council this is confirmed then the Council may require the Operator to compensate any third party who suffers inconvenience or additional travel expense or the cost identified may be deducted by the Council from any sums due to the Operator.

9. REVISIONS TO THE SPECIFICATION

9.1 The Council may request the Operator to modify or change the Service route and timetable as detailed in the Specification. Such requests must be in writing. The Operator or the Council will have the right to negotiate the rate charged, but if agreement cannot be reached between the Parties within twenty one days of that written request being received by the Operator, then either Party may refer the matter to arbitration for resolution.

9.2 The Operator shall advise the Council of any significant changes in demand for the Service. The Council will consider any recommendations from the Operator for marketing initiatives or Service modifications.

10. TERMINATION FOR BREACH

10.1 If the Operator commits a substantial breach of the Contract the Council may, without prejudice to any of its rights, terminate the Contract forthwith by notice in writing. A substantial breach is:

10.1.1 Any illegal operation.

10.1.2 Insufficient/Incorrect insurance cover or any cover which is withdrawn by the Operator's Insurers.

10.1.3 Persistent breach of standards of service.

10.1.4 Not providing an escort when required to do as detailed in the Specification.

10.1.5 Any action by the driver or escort which in the view of the Council compromises the safety of the Passengers or the Vehicles.

10.2 If the Operator becomes insolvent or bankrupt, or a receiving order or an administration order is made against the Operator the Council may terminate the Contract forthwith by notice in writing.

10.3 Termination of the Contract under this clause is not subject to Arbitration as detailed in Clause 23.

11. TERMINATION BY NOTICE

11.1 Either Party may terminate the Contract by giving notice in writing to the other Party in accordance with the Schedules. Subject to any statutory requirements the

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Contract may be terminated at shorter notice than that contained in the Schedules by mutual agreement.

12. TERMINATION CONSEQUENCES

12.1 In the event of this Contract being determined whether by effluxion of time, notice, breach or otherwise:

12.1.1 The Council may employ another operator to carry out such Service as the Council requires and any excess payment will be recoverable from the Operator in respect of any period which would otherwise have remained for operation under it;

12.1.2 The Council shall pay the Operator all arrears of payments due for Services rendered under the Contract and any other sums due under the terms of the Contract.

12.2 Either Party shall be entitled to exercise any one or more of the rights and remedies given to it under the terms of this Contract and the determination of this Contract shall not affect or prejudice their respective rights and liabilities against the other or against any third party under it.

12.3 Any right or remedy to which either Party is or may become entitled under this Contract or in consequence of the other's conduct may be enforced from time to time separately or currently with any right or remedy given by this Contract now or afterwards provided for and arising by operation of law so that such rights and remedies are not exclusive of the other or others but are cumulative.

13. PAYMENT

13.1 Payment will only be made by the Council upon receipt of an invoice from the Operator quoting the Contract number, the period covered by the claim and the amount claimed. Such payment will be made monthly in arrears.

13.2 Payment will only be made in accordance with the Contract price less any deductions or increases allowed under the Contract if accompanied by a statement giving details of any lost mileage and the reason (or a nil return).

13.3 Payment will only be made for the days on which the Service is operated in accordance with the Specification.

13.4 Where the Contract has been in force for at least one year, the Council will normally consider requests in writing to review the payment rate in January, April, July or October of any year. Any revision approved will be effected from the first day of the quarter following the date of renewal or from the date of receipt of request if after the first day of the quarter. The payment will be adjusted by the annual percentage movement of the GDP. Deflator for the previous year by comparing the appropriate latest published quarterly figure to the index figure published for the same quarter in the previous year.

13.5 The Operator will provide detail of the mileage operated under the Contract, if requested by the Council.

13.6 Whenever under the Contract any sum of money shall be recoverable from or payable by the Operator, the same may be deducted from any sum then due to the Operator, or which at any time thereafter may become due to the Operator under this or any other Contract with the Council.

13.7 In the event of extreme weather conditions a payment of 50% of the Contract Price will be made for journeys which are cancelled subject to the Council being satisfied that the weather conditions were serious enough to prevent operation of the Service.

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13.8 No payment will be made when the Council provides the Operator with a minimum of two working days notice that the Service is not required.

14. VAT

14.1 All sums payable under this Contract unless otherwise stated are exclusive of VAT and other duties or taxes.

14.2 Any VAT or other duties or taxes payable in respect of such sums shall be payable in addition to such sums.

15. CARTELS

15.1 The Operator shall not be a party to a Cartel involving or including any commercial or other arrangement between individuals and/or corporations which is intended or organised so as to share or control marketing arrangements or prices (whether or not that arrangement is a concealed or hidden commercial venture) and in the event of the Operator being a party to such a Cartel the Council shall be entitled to cancel the Contract and to recover the amount of any losses, damages, charges or costs which it may directly or indirectly sustain by reason of such cancellation.

16. FORCE MAJEURE

16.1 Both Parties shall be released form their respective obligations in the event of national emergency, war, prohibitive government regulation or if any other cause beyond the reasonable control of the Parties or either of them renders the performance of this Contract impossible whereupon all money due under this Contract shall be paid immediately and in particular:

16.1.1 The Council shall immediately pay to the Operator all arrears of Payments;

16.1.2 Each Party shall be liable to pay to the other damages for any breach of this Contract and all expenses and costs incurred by that Party in enforcing its rights under this Contract.

17. SEVERANCE

17.1 If any provision of this Contract is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable the Parties shall amend that provision in such reasonable manner as achieves the intention of the Parties without illegality or at the discretion of the Council it may be severed from this Contract.

18. DISCRETION

18.1 Any decision, exercise or discretion, judgement or opinion or approval of any matter mentioned in this Contract or arising from it shall be binding on a Party only if in writing and shall be at its sole discretion unless otherwise expressly provided in this Contract.

19. NOTICES

19.1 Any notice to be served on either Party by the other shall be sent by prepaid recorded delivery or registered post or by telex or by electronic mail and shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by telex or by electronic mail to the correct telex number (with correct answerback) or correct electronic mail number of the addressee.

20. SUFFICIENCY OF TENDER

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20.1 The Operator shall be deemed to have satisfied himself before submitting the tender or otherwise as to the correctness and sufficiency of the rates and prices stated which shall cover all obligations under the Contract.

21. HEALTH AND SAFETY

21.1 The Operator shall be fully responsible for the adequacy and safety of all operations under the Contract, and shall comply by all requests with the Health and Safety at Work Etc Act 1974, and any regulations thereunder, and shall on request provide the Council with a copy of his written safety policy.

22. BRITISH STANDARDS

22.1 Where a specification or code of practice issued by the British Standards Institution or a Government Department is current and applicable on the date of or during this Contract, then the Operator, shall as a minimum, operate the Contract in accordance with that specification or code of practice.

23. ARBITRATION

23.1 All disputes or differences which shall at any time arise between the Parties whether touching or concerning this Contract or its construction or effect or the rights, duties or liabilities of the Parties under or by virtue of it or otherwise of any other matter in any way connected with or arising out of the subject matter of this Contract shall be referred to a single arbitrator to be agreed upon by the Parties or in default of agreement to be nominated by the President for the time being of the Chartered Institute of Arbitrators in accordance with the Arbitration Acts 1950-1979 or any statutory modification or re-enactment of them for the time being in force.

24. PREVENTION OF CORRUPTION

24.1 The Council shall be entitled to cancel this Contract and recover from the Operator any losses amounting from such cancellation, if the Operator shall have offered or given or agreed to give any person any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any action in relation to obtaining or the execution of the Contract or any other Contract with the Council, or for showing or forbearing to show favour or disfavour to any person in relation to the Contract or any other Contract with the Council, or if the like acts shall have been done by any person employed by him or acting on his own behalf (whether with or without the knowledge of the Operator) or if in relation to any Contract with the Council, the Operator or any person employed by him or acting on his behalf shall have committed any offence under the Prevention of Corruption Acts 1889 and 1916 or any amendment or re-enactment of them, or shall have given any fee or reward the receipt of which is an offence under Section 117(2) of the Local Government Act 1972.

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SCHEDULE A

ADDITIONAL CONDITIONS SPECIFIC TO THE PROVISION OF AN EDUCATION CONTRACT

1. In Schedule A the following terms shall have the meanings assigned to them:-

'Scholars' means the pupils, students and any additional person or persons who are authorised by the Duly Authorised Officer to travel under this Contract.

'Establishment' means the schools, colleges or other Education units referred to in the Specification.

2. The Operator will provide a Vehicle to carry the number of Scholars detailed in the Specification. The Operator shall not convey any Scholars not authorised by the Council.

3. The Scholars will be conveyed by the Operator on every day on which the Establishment is open.

4. When required to do so in the Specification, the Operator shall provide the service in accordance with the Special Education Needs Transport Care Statement defined at Schedule A1.

5. The Vehicle doors (except emergency doors used solely for that purpose) will only be operated by the driver, or escort if required. Childlocks should be activated when fitted to the Vehicle.

6. The Vehicle shall be at the collection point or Establishment on or before the close of the afternoon session and return the Scholars to the points from which they were picked up by the Vehicle in the morning or if detailed in the Specification to their carer.

7. A Public Service Vehicle displaying School Bus Signs in accordance with the Road Vehicles Lighting (Amendment) Regulations 1992 must use hazard warning lights when it is stationary and scholars are being picked up or dropped off.

8. When required to do so, as shown in the Specification, the Operator shall provide a Vehicle to a welfare standard as defined in Schedule J.

9. When required to do so, as shown in the Specification, the Operator shall provide a vehicle with a tail-lift. The tail-lift will only be operated by the driver or escort if required.

10. Scholars in wheelchairs, as detailed in the Specification, must be conveyed in accordance with the Department of Transport 'Code of Practice' VSE 87/1.

11. In the event of a Vehicle breakdown, Scholars should not be allowed to leave the Vehicle, or walk unescorted, except at their normal alighting point. In such cases, the Driver should take steps to communicate with the Operator, by use of radio facilities, telephoning from a suitable local point or by engaging the assistance of a passing motorist, to arrange for a replacement vehicle to fulfil the Contract.

12. The Operator shall report immediately to the Headteacher or Principal of any Establishment involved any incident of disorderly or unruly conduct. In no case should a Scholar be ejected from the Vehicle because of unruly behaviour and rather in such an event the driver should report the circumstances to the Police. In extreme circumstances the driver can drive direct to a Police Station. Details of any incident shall be forwarded to the Council in writing.

13. When required to do so in the Specification, the Operator shall provide a suitable and competent person to act as escort. The escort shall assist Scholars boarding and alighting the Vehicle and whilst being carried on it.

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14. If detailed in the Specification, Scholars will be required to wear a safety restraint during the journey and the driver, or escort if required, will provide assistance to ensure they are correctly fitted.

15. If detailed in the Specification assistance will be provided to Scholars from and to their own accommodation and into and out of the Establishment.

16. The Council reserves the right to issue a contract pass indicating a Scholars entitlement to travel on the Contract. The pass will only be valid when used by the Scholar to whom it has been issued. It will be the duty of the Operator to ensure that the passes are properly examined. If any Scholar cannot produce such a pass, then the driver (provided he is satisfied that the Scholar should be making the relevant journey) must permit the Scholar to travel on the Vehicle having first obtained the name and address of the Scholar, date of the incident and place of picking up and setting down. Such information should be forwarded to the Council.

17. No smoking will be allowed on the Vehicle.

18. The Council may request the Operator to modify or change the pick ups as detailed in the Specification. If as a result of any modification or change to pick ups contained in the Specification, the daily mileage required to meet that Specification reduces or increase by less than 5% of the total daily mileage, no adjustment will be made to the Contract Price.

19. Either Party may terminate the Contract by giving 30 days notice in writing to the other Party, extended to 3 calendar months where the Vehicle specified under the Contract is fitted with a tail lift.

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SCHEDULE A1

SPECIAL EDUCATIONAL NEEDS: TRANSPORT CARE STATEMENT

1. The County Council provides a wide range of services to meet individual pupils' special educational needs. The transport of children to and from school is an essential part of the service and our aim is to make available an efficient, responsive, high-quality transport service for special need pupils.

2. Pupils may have one or more of the following special educational needs:

a. moderate or severe learning difficulties b. physical disabilities c. emotional and behavioural difficulties d. sensory impairment e. medical needs

3. Operators and their staff are responsible for the care of pupils authorised to travel whilst on the vehicle. Operators should not allow pupils to leave the vehicle at unscheduled stops on the way unless previously authorised by the Council or in an emergency.

4. If the parent or carer is not home to receive the pupil, the Operator should continue the route and return the pupil at the completion of the run. In the event of this occurring on a regular basis the Operator should notify the Council.

5. No alternative point of collection or alternative destination should be accepted by Operators or their staff without the agreement of the Council or the school. Messages from pupils should not be accepted without verification from home or school.

6. No persons other than pupils indicated in the 'Contract should, at any time, be transported to or from school without the agreement of the Council. The number of pupils transported must not exceed the number of seats available in the Vehicle.

7. Those providing transport are required to:

a. make sure that pupils are transported safely and that seating, including special seating where provided, childproof locks and safety restraints are properly used;

b. assist pupils, when necessary, from the home to the Vehicle and Vehicle to the centre, and to board and alight the Vehicle;

c. assist pupils with personal belongings where necessary;

d. take account of pupils special needs, particularly where medical problems or behavioural difficulties are involved.

8. Operators and their staff should report to the Head of the school or their designated representative:

a. unusual or unacceptable behaviour; b. messages or information from parents and carers; c. concerns about the well being of pupils; d. absence and reasons for absence, if known.

9. Operators and their staff should accept responsibility for any medication which needs to be transported between home and school. This should be handed directly to an authorised representative of the School or to a parent/guardian with any additional instructions from parents or representatives. Drivers and Escorts should not administer medication unless this is specified in the Contract.

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10. Operators and their staff should make every effort to inform the school and the Council as soon as possible of any breakdown or delay, including difficulties caused by sever weather conditions.

11. No smoking is permitted in the vehicle.

12. Except in emergency situations all drivers and escorts must have police clearance. Operators should ensure that they and their staff are reasonably protected from any allegations which may be made against them by pupils or carers.

13. The schools are always willing to assist with any difficulty and to provide relevant information about pupils. Information about pupils new to the Operator should be sought from the Head.

14. Staff are not usually available to receive pupils in school prior to the designated time of arrival. If for any reason the actual arrive time is earlier than that agreed, the Operator and his staff will retain responsibility for pupils until the specified arrival time or until a representative of the school accepts responsibility if sooner.

15. Vehicles must reach the school in time to collect pupils at the end of the afternoon lessons unless a later time is agreed by the Council.

16. Unless an Escort is specified to care for a particular pupil they must travel in the rear of the Vehicle where they can properly supervise the pupils.

17. All pupils should be treated in a caring, sensitive manner. Problems of challenging behaviour are best dealt with in a calm, non-confrontational way and staff should be made aware of any specific instructions regarding the management of individual pupils. Patience and a sense of humour are helpful.

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SCHEDULE B

ADDITIONAL CONDITIONS SPECIFIC TO THE PROVISION OF A LOCAL BUS CONTRACT

1. INTERPRETATION

In Schedule B the following terms shall have the meanings assigned to them:-

'Passengers' means any person paying a fare for a journey or presenting a valid authority to travel.

'Scholars' means the pupils and students who are authorised by the Duly Authorised Officer to travel under this Contract.

2. THE VEHICLE

(i) No Smoking will be allowed on the Vehicle and signs shall be displayed in prominent positions accordingly.

(ii) A sign shall be displayed on the window and adjacent to two seats nearest the entrance of the Vehicle advising they are for priority use by Passengers who are elderly or disabled.

(iii) The Vehicle shall have power operated doors capable of being operated by the driver from his seat.

(iv) the Council shall require the Vehicle to meet standards set by DPTAC to improve accessibility for the mobility handicapped in accordance with the Specification.

(v) On a Service provided principally for the carriage of Scholars and Passengers to and from School, as shown in the Specification, the Vehicle shall display School Bus Signs in a prominent position in the front and rear, as if it conformed to Section 17A. (1) of the Road Vehicles Lighting (Amendment) Regulations 1992. The Vehicle must use hazard warning lights when it is stationary and Scholars and Passengers are being picked up or dropped off.

3. SERVICE REGISTRATION

(i) The Contract is conditional upon valid registration with the Traffic Commissioners in respect of the Service. Registration is to be undertaken by the Operator, and must accord with the Specification. If the registration is revoked, the Contract shall terminate at the same time as the revocation takes effect. All costs incurred by the Operator in connection with any such registration with the Traffic Commissioner shall be the sole responsibility of the Operator.

(ii) Except in case of emergency, the registered timetable may only be varied, with the prior approval of the Council. The Operator is responsible for notifying the Traffic Commissioner and in such manner as may be prescribed by law. In the event of the Council requesting a variation then the Council will pay the appropriate fee to the Traffic Commissioner.

4. REVENUE GRANTS

(i) The Operator will record details of fares collected and remuneration for participating in travel schemes.

(ii) Where a District Council provides a concessionary travel scheme as prescribed by the 1985 Transport Act, entitled Passengers will be permitted to travel at the appropriate rate and the Operator will be responsible for negotiating reimbursement for the concessions received with the relevant District Council.

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(iii) All claims for relevant grants are the responsibility of the Operator.

5. REVENUE AND PASSENGER MONITORING

(i) Each Passenger must present valid authority to travel or be issued with a ticket. The Operator shall ensure that his driver(s) complete a waybill for each journey from which the value of tickets sold and the money paid to the Operator can be checked. A copy of every waybill shall be supplied to the Council upon request at any time during the period of the Contract or up to one year after termination of the Contract. All waybills shall be kept by the Operator in a safe, secure place.

(ii) The Operator will provide a quarterly statistical return of patronage levels and farebox revenue on this Contract in a manner prescribed by the Council.

(iii) Waybills and ticketing systems used on this Contract must be approved by the Council.

(iv) On minimum subsidy Contracts the Council will pay the Contract Price.

(v) On minimum cost Contracts the Council will pay the Contract Price less all farebox revenue. If aggregate revenue exceeds the Contract Price, then half of any excess shall be refunded to the Council by the Operator.

6. METHOD OF OPERATION

(i) The Service which shall be operated on a Public Holiday or over the Christmas/New Year period shall be as detailed below but the Council reserves the right to suspend or vary the Service on any such day. The Contract price will be adjusted over such periods pro rata to the mileage operated.

New Year's Day No Service Good Friday Saturday Service Easter Monday Sunday Service May Day Sunday Service Spring Bank Holiday Sunday Service Summer Bank Holiday Sunday Service

Christmas Eve Normal Service to 2000 hours Christmas Day No Service Boxing Day No Service

New Year's Eve Normal Service to 2000 hours

(ii) Charges for use of Bus Stations will be borne by the Operator solely.

(iii) Passengers will be picked up and set down on request at all recognised stops en route and where stops are not signed on demand at any safe place in accordance with the Specification.

(iv) The maximum fares charged will be in accordance with the Council's fare scale except on those routes which are shared at common times of day with commercial services when fares shall accord with the commercial service provided that the commercial fare is less than the Council's fare scale. On such routes, fares on Contract services operated in other periods of the day or other days of the week will be charged in accordance with the Council's farescale. No passenger shall re-book at an intermediate stage in order to obtain a cheaper through fare.

7. CARRIAGE OF ENTITLED SCHOLARS

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(i) The Operator shall carry without charge the number of Scholars detailed in the Specification. The Operator must include provision for this number or such variation not exceeding 5 Scholars or 10% whichever is the greater.

(ii) The Council will issue season tickets for entitled Scholars. The tickets issued are valid for one return journey per school/college day only between the points specified on the ticket and are only valid when used by the Scholar to whom issued.

(iii) In the event of a Scholar losing his/her season ticket the Council may issue a duplicate.

(iv) If any scholar cannot produce a valid ticket issued by the Council then the driver if he is satisfied that the Scholar should be making the relevant journey shall permit the Scholar to board the vehicle, having first obtained the name and address of the Scholar, date of incident, place of picking up and setting down. Such information shall be forwarded to the Council.

8. AVAILABILITY OF INFORMATION

(i) The Operator must carry on the Vehicle a copy of the current timetable and faretable relating to the Service.

(ii) The Vehicle shall display a correct and legible destination sign adequate to inform intending Passengers of the Vehicle's destination. The sign shall use contrasting colours (eg. white or yellow on black; black on white or yellow) and the destination shall be in upper or lower case characters at least 100 millimetres high.

(iii) The Operator shall be responsible for advertising the Service and providing passenger information which will acknowledge the Council's support for the Service but the Council may produce its own material to promote this and other public transport services.

9. TERMINATION

(i) Either Party may terminate the Contract by giving 50 days notice in writing to the other Party.

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SCHEDULE C

ADDITIONAL CONDITIONS SPECIFIC TO THE PROVISION OF A SOCIAL SERVICES CONTRACT

1. In Schedule C the following terms shall have the meanings assigned to them:-

'Passenger' means the person or persons who are authorised by the Duly Authorised Office to travel under this Contract.

'Establishment' means the Social Services Establishment referred to in the Specification.

2. The Operator shall provide a Vehicle to carry the number of Passengers detailed in the Specification. The Operator will not convey any persons not authorised by the Council.

3. The Operator shall provide the service in accordance with the Social Services Department Transport Care Statement defined at Schedule C1.

4. Passengers will be conveyed to the Establishment detailed in the Specification on the days appropriate to their placement and subject to the Establishment being open.

5. The Vehicle shall be at the Establishment at the close of the afternoon session and return the Passengers to the points where they were picked up in the morning or to their carer, unless otherwise stated in the Specification. The Vehicle should park as close as possible to the Passenger's pick up/drop off point. The Operator will be responsible for ensuring Passengers are safe when alighting/boarding the Vehicle or crossing the public highway.

6. In the event of a Vehicle breakdown, Passengers should not be allowed to leave the vehicle or walk unescorted. In such cases, the drivers should take steps to communicate with the Operator, by use of radio facilities, telephoning from a suitable local point or by engaging the assistance of a passing motorist, to arrange for a replacement vehicle to fulfil the Contract.

7. When required to do so, as shown in the Specification, the Operator shall provide a Vehicle to a welfare standard as defined in Schedule J.

8. When required to do so as shown in the Specification, the Operator shall provide a Vehicle with a tail-lift. The tail-lift will only be operated by the driver or escort if required, or authorised voluntary escorts provided by Establishments/Groups.

9. When required to do so, as shown in the Specification, the Operator shall provide a reputable, competent person to act as an escort. The escort shall assist Passengers boarding and alighting the Vehicle and whilst being carried on it.

10. Assistance will be provided to Passengers from and to their own accommodation and into and out of the Establishment.

11. All Passengers will be required to wear a safety restraint during their journey unless detailed otherwise in the Specification and the Operator will provide assistance to Passengers to ensure that they are correctly fitted. Passengers in wheelchairs, as detailed in the Specification, must be conveyed in accordance with the Department of Transport's Code of Practice' VSE 87/1.

All Vehicles operated on this Contract with a capacity in excess of 8 passenger seats will have a bottom step a maximum of 250 millimetres above the ground, unless detailed otherwise in the Specification.

13. The Vehicle will have a single side door for passenger entry (except emergency doors used solely for that purpose) which will only be operated by the driver, or escort if required.

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12

14. Drivers, and escorts when required as shown in the Specification, must not smoke on the Vehicle including any time spent on the Vehicle before the first pick up and should also discourage Passengers from smoking on the Vehicle.

15. The driver/escort will maintain daily a Passenger register. The driver/escort must report any absenteeism to the Establishment Manager on arrival or before departure.

16. If the Vehicle operated on the Contract has a capacity in excess of 8 passenger seats, the driver or escort will have undergone an Emergency First Aid course provided by St Johns Ambulance, or equivalent, with special emphasis on treating epilepsy.

17. The Council may request the Operator to modify or change the pick ups as detailed in the Specification. If as a result of any modification or change to pick ups contained in the Specification, the daily mileage required to meet that Specification reduces or increases by less than 5% of the total daily mileage, no adjustment will be made to the Contract Price.

18. The driver/escort will maintain control of the Passengers on the Vehicle preferably only by verbal discipline, accepting extreme behavioural outbursts may require more than verbal discipline, physical restraint must only be sufficient to stop the attack or prevent injury. The Council will not endorse retaliation or reprimand beyond this. Under no circumstances should Passengers be ejected from the vehicle because of their behaviour. Any incidents or difficulties involving Passengers must be reported immediately to the Establishment Manager.

19. The Operator will provide the same driver/escort on the Vehicle for the purpose of continuity, except in the event of sickness or holidays.

20. Either Party may terminate the Contract by giving 3 calendar months notice in writing to the other Party.

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SCHEDULE C1

SOCIAL SERVICES DEPARTMENT - TRANSPORT CARE STATEMENT

The Lincolnshire County Council Social Services Department enables a wide range of personal care services to be provided for the people of Lincolnshire. The transport of our customers is an essential part of a care package, and is provided to our own day care centres, as well as those run by the voluntary sector. We aim to provide a high quality transport service for all our transport users.

The five main customer groups who use the transport services are:

1. Elderly people (who may be physically or mentally frail). 2. Adults with learning difficulties. 3. People with physical disabilities. 4. Mothers and Toddlers Group. 5. People with emotional difficulties or problems.

The Operator and his staff are responsible for customers from the time the driver/escort collects them from their home until they arrive at the centre/group meeting, and in the afternoon until they are safely returned and have entered their home, or any alternative destination as agreed by the unit manager/group organiser.

Operators and their staff, who provide transport for the Social Services Department will be expected to:

Assist customers from their home to the vehicle and from the vehicle to the centre, and vice versa in the afternoon.

Assist customers when necessary with any personal belongings to and from the vehicle.

Make sure that customers are transported safely and that all safety equipment is utilised correctly.

Take account of customers' personal circumstances and have understanding of their difficulties and special needs (including health problems, eg epilepsy).

Report to the Centre Manager/Group Organiser:-

- Any problems encountered with behaviour or attitude Operators should bear in mind Clause 18, Schedule C of the General Conditions of Contract, when tackling any challenging behaviour.

- Any messages or information from carers, and vice-versa.

- Any concerns about customers' well being.

- Any absences and reason for absence if known.

Take charge of small sums of money or medication on behalf of customers and pass them on to the Centre Manager/Group Organiser.

Operators who undertake Social Services Contracts are expected to treat passengers in a caring, sensitive and confidential way, exercising patience and when possible a sense of humour, in order to help to maintain their personal dignity and independence. Customers who may be vulnerable should not be rushed or treated as problems but rather as people, like the rest of the community, who have their own individual needs.

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SOCIAL SERVICES DEPARTMENT - CUSTOMER CARE STATEMENT

Users of the department's services should expect to be:-

- Given full information about all services provided by Lincolnshire Social Services and private and voluntary organisations.

- Supplied with a comprehensive range of services on the basis of assessed need and the resources available.

- Involved in decision making.

- Encouraged to keep their independence and dignity.

- Treated in an open, caring, sensitive and confidential way.

- Informed that the department operates an open access to files policy.

- Consulted about ways in which services can be provided.

- Given a quick response to a complaint.

- Provided with services which reflect 'equal opportunities'.

- Receive reasons and thinking behind any decisions not to provide a service.

- Given support for their carers.

- Provided with services that are well managed and where possible environmentally friendly, making best use of all available resources.

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SCHEDULE D

ADDITIONAL CONDITIONS SPECIFIC TO THE PROVISION OF A MUSIC TRANSPORT CONTRACT

1. In Schedule D the following terms shall have the meanings assigned to them:-

'Passengers' means the pupils, staff and any additional person or persons who the County may authorise for travel under this Contract.

'Instrument' means a large musical instrument for which sufficient additional carrying capacity must be provided.

'Venue' means the location to which Passengers and Instruments shall be conveyed to and from.

2. The Operator shall provide a vehicle with at least the carrying capacity to convey to the Venue the number of Passengers and Instruments detailed in the Specification. The Operator shall not convey any persons not authorised by the Council.

3. The Council may request the Operator to modify to change the pick ups as detailed in the Specification. If as a result of any modification or change to pick ups contained in the Specification, the daily mileage required to meet the Specification reduces or increases by less than 5% of the total daily mileage no adjustment will be made to the Contract Price.

4. In the event of a Vehicle breakdown, Passengers should not be allowed to leave the Vehicle, or walk unescorted, except at their normal alighting point. In such cases, the Driver should take steps to communicate with the Operator, by use of radio facilities, telephoning from a suitable local point or by engaging the assistance of a passing motorist, to arrange for a replacement vehicle to fulfil the Contract.

5. The Vehicle doors (except emergency doors used solely for that purpose) will only be operated by the driver.

6. On the return journey from the Venue if any Passenger is being met at the alighting point the Operator shall not set down that Passenger before the time detailed in the Specification unless the person meeting the Passenger has arrived already.

7. On the return journey from the Venue, the Operator shall not set down any Passenger who is scheduled to transfer to another vehicle unless that vehicle has arrived at the transfer point to make the connection as detailed in the Specification.

8. Smoking will not be permitted on the Vehicle.

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SCHEDULE E

ADDITIONAL CONDITIONS SPECIFIC TO THE OPERATION OF PRIVATE HIRE VEHICLES

1. In Schedule E the following terms shall have the meanings assigned to them:-

'The Act' means the Local Government (Miscellaneous Provisions) Act 1976.

'Vehicle' means a private hire vehicle under the meaning given it under Section 80 of the Act which has not been licensed by a District Council but is provided in accordance with Section 75 (1) (b) of the Act.

'Vehicle Certificate' means a certificate issued by the body designated by the Council for inspection and testing of the Vehicle.

'Driver's Licence' means a licence granted under Motor Vehicles (Driver Licences) Regulations 1987 (not being a provisional licence) authorising a person to drive a motor car.

2. The Council shall be satisfied that the Operator is a fit and proper person to provide the service.

3. The Vehicle shall be of a suitable type, size and design for use on the service, in a suitable mechanical condition, safe and comfortable.

4. A first aid kit and fire extinguisher must be carried on the Vehicle and accessible to the Driver and Passengers. The fire extinguisher shall be either BCF or CBM type with a minimum capacity of 1.5 kilograms.

5. The Vehicle shall be that designated by the Operator in Schedule H. A substitute vehicle may be operated if the designated Vehicle cannot be operated because of accident, breakdown or any other mishap provided that the substitute vehicle is licensed under the Act or is a vehicle acceptable to the Council and is provided on the service for not less than seven days in accordance with Section 75 (1) (b) of the Act.

6. The Vehicle shall be presented for inspection and testing at least annually at a location designated by the Council and the Vehicle Certificate forwarded to the Council within seven days of passing the test. The Council may require the Vehicle to be presented for inspection at other times. The Operator shall be responsible for any fees for inspection and testing.

7. The Driver of the Vehicle shall be a fit and proper person to hold a Driver's Licence. The Driver shall not be employed on the service unless the Council has received a certificate signed by a registered medical practitioner to the effect that the Driver is physically fit to be the driver of the Vehicle.

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SCHEDULE F

STANDARDS OF SERVICE

1. The Operator shall be responsible for providing the Service detailed in the Specification and the Council will monitor the Service to ensure that satisfactory standards of performance are achieved. Deductions from the Contract sums due to the Operator will be made by the Council when the following occurrences are observed by a Duly Authorised Officer of the Council or are confirmed by the Operator. Standards (iii), (iv), (v), (vi) and (vii) apply to all Contracts and standards (i) to (ii) to Local Bus Contracts Education Contracts and Music Transport Contracts only and Standards (viii) to (xi) inclusive to Local Bus Contracts only.

(i) Journeys operating more than 2 minutes earlier or 10 minutes later than the agreed timetable will be subject to a deduction of £15 for each occurrence.

(ii) Journeys operated more than 5 minutes earlier or 20 minutes later than the agreed timetable will be subject to a deduction of £30.

(iii) If a journey is operated more than 30 minutes later than the agreed timetable or is not operated an adjustment will be made to the Contract Price pro rata to the amount of Service not operated.

(iv) If a journey is operated more than 30 minutes later than the agreed timetable or is not operated an additional deduction of £30 will also be made in addition to that deduction in (iii) above.

(v) Failure to display sign(s) as required under Section 5(8) of the Contract will result in a deduction of £15 for each occasion observed.

(vi) Failure to provide wheelchair and clamping provision, childseats, restraints, harnesses or any other safety feature detailed in the Specification, will result in a deduction of £30 for each occasion observed.

(vii) Failure to operate a vehicle to the standards specified by the Operator in Schedule H will result in a deduction of £30 for each instance observed.

(viii) A suitable sign will be displayed on all Vehicles indicating priority seating for the elderly and disabled. Failure to do so will result in a deduction of £15 for each instance observed.

(ix) All vehicles will display a sign that no smoking is allowed. Failure to do so will result in a deduction of £15 for each instance observed.

(x) Each Vehicle operating on a Contract will carry for inspection a timetable and faretable pertaining to the Service. Failure to do so will result in a deduction of £15 for instance observed.

(xi) On Contracts where the Operator is required to accept return tickets issued by other commercial or tendered services along the line of route without further payment then failure to do so will result in a deduction of £15 for each instance observed, providing that the Operator has been advised in writing of the farescales and supplied with a specimen ticket.

(xii) Failure to complete and return a statistical return within one calendar month of the required date, will result in a deduction of £15.

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2. The maximum total deduction detailed in Clause 1 above, except that in 1(iii), shall not represent more than 50% of the Equivalent daily Contract rate.

3. The Council reserve the right to adjust any of the deductions detailed in Clause 1 above either upwards or downwards on 1 April of each succeeding year this Contract is in existence. Any such adjustment will be notified in writing.

4. The Council will issue a written notice of its intention to make a deduction and the reason for it within ten working days of it being observed.

5. The Council will not make any deduction if it is satisfied that the failure to operate or irregular operation arose as a result of traffic delay or other unforeseen circumstances. The onus is on the Operator to advise the Council of any difficulties arising from any such cause. In the event of no such advice being received, deductions indicated above will be levied.

6. If the Operator considers that the running time given in the specified timetable is the cause of unreliable operation, he must inform the Council in writing within one month of the commencement of the Contract. The Council will in conjunction with the Operator, then examine the case for revising the timetable to eliminate the problem. In such circumstances deduction will not normally be made for such time as in necessary to resolve the difficulty affecting the journey(s) in question.

7. Failure to perform satisfactorily may also result in a written warning to the Operator. If more than two warnings are issued during any continuous three calendar month period or three warnings within any six calendar month period the Council reserves the right to terminate the Contract.

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SCHEDULE J

WELFARE VEHICLE SPECIFICATION

1. Entrance Steps

i) The maximum height between the ground and the top of the first step must be 250 mm.

ii) Subsequent steps must be of a consistent height (+ 25 mm) with an individual maximum height of 250 mm.

iii) Non-slip and durable material must be used on the step nosings and treads.

iv) The entire vertical face of the step nosings must be in a bright contrasting colour to the horizontal face.

v) The step well must be at a low level and from overhead.

2. Floor

i) The interior floor should be level. A maximum slope of 3° may be applied over short distances only.

ii) The floor must have a non-slip and durable covering.

3. Hand Rails/Stanchions

i) Hand rails and stanchions should be 30 to 35 mm in diameter and must be non-slip in a high visibility colour contrast.

ii) Hand Rails must be fitted to every seat back, close to the central gangway.

4. Doors

i) The minimum door width must be 600 mm.

ii) The minimum door height must be 1600 mm.

iii) The doorway must be padded above the level of the cant rail/door mechanism.

5. Internal Dimensions

i) The minimum width of the central gangway must be 200 mm.

ii) The minimum height between floor and roof must be 1800 mm.

6. Seats

i) The minimum legroom (ie. the horizontal distance between the seat cushion and the next forward seat) must be 200 mm.

ii) The minimum width must be equivalent to 400 mm per person at seat and shoulder level.

iii) Seats must be fitted with 3 point inertia seat belts.

iv) Seats must not be inward facing.

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7. Power Operated Lifts (where fitted)

i) The lift must comply with British Standard 6109 Part 2 and be installed in compliance with the manufacturer's instructions.

ii) The rated load capacity must be at least 250 kg.

iii) An alternative means of operating the lift must be available in the event of the power failing, eg. manual operation or ramps.

8. Lowering Suspension (where fitted)

i) The gradient of any ramp must not exceed 1 in 12.

ii) Non-slip material must be used on the ramp.

iii) Raised edges must be provided on each side of the ramp.

iv) There must be a secure means of stowage when the ramps are not in use. Stowed ramps must not prevent quick opening of the doors.

9. Wheelchairs

i) Wheelchairs must be restrained in flush or semi-flush tracking of a proprietary make which must be installed in compliance with the manufacturer's instructions. Quick release clamps must be provided.

ii) Inertia belts for the Passengers must be fitted by mountings to the vehicle.

iii) Space must be provided for the safe stowage of restraint systems when not in use and must not obstruct the gangways or exits.

10. Fire Extinguishers/First Aid

i) At least one fire extinguisher must be carried on the vehicle of a type which complies with Schedule 7 Part 1 of the Road Vehicles (Construction and Use) Regulations 1986.

ii) A fully equipped first aid kit must be carried on the vehicle in compliance with the Public Service Vehicle and Minibus Regulations 1980.

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SCHEDULE K

ADDITIONAL CONDITIONS SPECIFIC TO THE PROVISION OF A SCHOOL MEALS CONTRACT

1. In Schedule K the following terms shall have the meanings assigned to them:-

'Kitchen' means the location from which the Containers will be collected and returned as detailed in the Specification.

'Establishment' means the schools or other units referred to in the Specification.

'Container' means a coolbox measuring approximately 18" x 18" x 18" in external dimensions in which the meals will be carried.

2. The Operator will provide a Vehicle to carry the number of Containers detailed in the Specification.

3. The Council may request the Operator to modify or change the Kitchens or Establishments served as detailed in the Specification. If as a result of any modification or change the daily mileage required to meet the Specification reduces or increases by less than 5% of the total daily mileage no adjustment will be made to the Contract Price.

4. The Containers will be conveyed by the Operator on every day on which the Establishments are open.

5. The empty Containers will be returned form the Establishments to the Kitchen on the next school day following delivery. On the last day of term all the Containers will be returned to the Kitchen.

6. No smoking will be permitted on the Vehicle, in the Kitchen or Establishment.

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