CONTRACT FOR THE PROVISION OF

TRANSPORT SERVICES TO

WHITTINGTON HOSPITAL NHS TRUST

Page 1 of 151 INDEX PAGE No.

Schedule 1 Locations and Authorised Officer 48

Schedule 2 Patient Transport Service Specification 50

Schedule 3 Costing Schedule 103

Page 2 of 151 INDEX

PARAGRAPH SUBJECT

1 Defined Terms and Interpretation 2 Appointment 3 Performance of the Services 4 Deliverables 5 Performance Measurement 6 Contract Price and Payment 7 Resources 8 Contract Period 9 Authorised Officer 10 Staff 11 Control and Supervision of Staff 12 Health and Safety 13 Location 14 Use of Trust sites 15 Equipment and Materials 16 Loan of Trust Equipment 17 Assignment 18 Sub Contractors 19 Limitation of Liability 20 Insurance 21 Review 22 Variation of the Contract 23 Variation of the Specification 24 Dispute Resolution Procedure 25 Environmental Considerations 26 Termination 27 Arrangements on Termination 28 Re Tendering and Handover 29 TUPE 30 Intellectual Property 31 Electronic Product Information 32 Annual Sales Account 33 Audit and Accounts 34 Confidentiality 35 Data Protection 36 The Human Rights Act 1998 37 Warranty 38 Relationship of the Parties 39 Not Used 40 Inducements to Purchase 41 General 42 Third Party Rights 43 Default 44 Race Equality 45 Guarantors Obligations 46 Notices 47 Force Majeure 48 Law

Page 3 of 151 CONTRACT

THIS AGREEMENT is made on the …..day of 2012

Between The Whittington Hospital NHS Trust of the Whittington Hospital, Magdala Avenue, London, N19 5NF; and

(hereinafter referred to as "the Trust") of the first part

And Medical Services Ltd whose registered office is at [Units 6-7-8 Twelvetrees Business Park, Twelvetrees, Crescent, London E3 3JQ (company registration number: 0491635)]1

(hereinafter referred to as "the Contractor") of the second part

WHEREAS:-

1. the Contractor has submitted to the Trust proposals for the provision of such Transport Service which the Trust has accepted. and

2. The Trust desires to engage the Contractor to provide these services to the Trust upon the terms and conditions herein

NOW THEREFORE it is agreed and declared as follows:-

1

Page 4 of 151 1. Defined Terms and Interpretation

1.1 In these terms and conditions the words and expressions below will be interpreted to have the meanings adjacent to them:-

“Affected Party” means, in the context of Clause 46.2 the Party whose obligations under the Contract have been affected by the Force Majeure Event;

"Authorised Officer" means the person designated as such in Schedule 1 to this Contract or any other person designated by the Trust from time to time as notified in writing to the Contractor to act as the representative of the Trust for all purposes connected with the Contract, including any authorised representative of such person;

“Commencement Date” shall mean [1st April 2012]

"Confidential Information" means the Contractor’s Confidential Information, the Contractor’s Commercially Sensitive Information and the Trust’s Confidential Information;

"Contract" means the agreement between the Trust and the Contractor comprising any Order these terms and conditions and schedules hereto, and the Specification, and for the avoidance of doubt all other terms, conditions or warranties other than any terms, conditions or warranties implied by law in favour of the Trust are excluded from the agreement between the Trust and the Contractor unless expressly accepted in writing by the Authorised Officer;

“Contract Manager” means a person designated as such by the Contractor from time to time as notified in writing to the Trust to act as the duly authorised representative of the Contractor for all purposes connected with the Contract, including any authorised representative of such person;

"Contract Period" means the period that this Contract remains in force, commencing on the Commencement Date;

"Contract Price" means the sums set out in Clauses 6.2 and 6.3, and payable by the Trust to the Contractor for the provision of the Services as set out in the Order, such sums being inclusive of all taxes, duties, expenses and disbursements save for VAT (if applicable) and including the costs of all equipment and materials including uniforms, training and radio-equipment supplied by the Contractor, all travelling expenses involved and all royalties, licence fees or similar expenses in respect of the making, use or exercise by the Contractor of any Intellectual Property or Intellectual Property Rights for the purpose of performance of the Contract;

“Contract Standard” means such standard as complies in each and every respect with all relevant provisions of the Contract;

“ Contractor’s Commercially Sensitive Information” means the information which is disclosed or made available directly to the Trust by the Contractor and of which the Parties consider that disclosure would or would be likely to prejudice the commercial interests of either Party or a third party;

“ Contractor’s Confidential Information” means the information which is disclosed or made available directly to the Trust by the Contractor;

Page 5 of 151 "Convictions" means other than in relation to minor road traffic offences, any previous or pending prosecutions, convictions, cautions and binding-over orders (including any spent convictions as contemplated by Section 1(1) of the Rehabilitation of Offenders Act 1974 by virtue of the exemptions specified in Part II of Schedule 1 of the Rehabilitation of Offenders Act 1974 (Exemptions) Order 1975 (SI 1975/1023) or any replacement or amendment to that Order);

"Costs" includes costs, charges, outgoings and expenses of every description;

"Deliverable" means any data, report, drawing, specification, design, invention, plan, program, document, contract, and/or other material produced by or to be produced by or acquired by or to be acquired by the Contractor in the course of the performance of the Services;

“Designated Officer” means any officer of the Trust designated as being responsible for elements of the Contract by the Authorised Officer;

"Dispute Resolution Procedure" means the procedure set out in Clause 24;

“EIRs” means the Environmental Information Regulations 2004 (as amended or replaced by any successor legislation);

"Electronic Trading System(s)" means such electronic data interchange system and/or world wide web application and/or other application with such message standards and protocols as the Trust may specify from time to time;

“ Employees” means, for the purpose of Clause 29, the employees assigned to the Services by the incumbent contractor or, as the case may be, by the Trust prior to the Commencement Date;

“FOIA” means the Freedom of Information Act 2000 and all regulations appended to it (as amended or replaced by any successor legislation);

“Force Majeure Event” means one or more of the following to the extent that it is not attributable to the Contractor or the Contractor’s Staff: war, civil war (whether declared or undeclared), riot or armed conflict; radioactive, chemical or biological contamination; pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speed; acts of terrorism; explosion; fire; flood; extraordinarily severe weather conditions which are both unforeseen and for which precautions are not customarily taken by prudent business organisations so as to avoid or mitigate the impact thereof; industrial action which affects the provision of the Services, but which is not confined to the workforce of the Contractor or is site specific; pestilence; the actions of governmental authorities to the extent that such actions are implemented either pursuant to emergency powers or otherwise outside the usual course of governmental business; or Act of God, or other event which is beyond the reasonable control of the Party in question and could not have been avoided or mitigated by the exercise of all reasonable care by that Party and further provided that such event materially affects the ability of the Party seeking to rely upon it to perform its obligations under the Contract;

"Good Industry Practice" means the exercise of that degree of skill, diligence and foresight which would reasonably and ordinarily be expected from a skilled and experienced service Contractor engaged in the provision of services similar to the Services under the same or similar circumstances as those applicable to the Contract and which are in accordance with any codes of practice published by relevant trade associations;

Page 6 of 151 "Insolvent" means:

(a) if the Contractor is an individual, that individual or where the Contractor is a partnership, any partner(s) in that firm becomes bankrupt or shall have a receiving order, administration order or interim order made against him, or shall make any composition or scheme of arrangement with or for the benefit of his creditors, or shall make any conveyance or assignment for the benefit of his creditors, or shall purport to do so, or any application shall be made for sequestration of his estate, or a trust deed shall be granted by him for the benefit of his creditors;

(b) if the Contractor is a company, the passing by the Contractor of a resolution for its winding-up or the making by a court of competent jurisdiction of an order for the winding-up of the Contractor or the dissolution of the Contractor, or if an administrator is appointed, or documents are filed with the court for the appointment of an administrator or notice of intention to appoint an administrator is given by the Contractor or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or the appointment of a receiver over, or the taking possession or sale by an encumbrancer of any of the Contractor's assets, or if the Contractor makes an arrangement with its creditors generally or makes an application to a court of competent jurisdiction for protection from its creditors generally; and

(c) any event in any jurisdiction other than England and Wales which is analogous to any of the above;

"Intellectual Property" means any and all patents, trade marks, service marks, domain names, registered designs, utility models, applications for and the right to make applications for any of such rights, inventions, Know-How (as defined below), Confidential Information, unregistered trade marks and service marks, trade and business names, including rights in any get-up or trade dress, copyrights, (including rights in computer software and in websites) unregistered design rights and other rights in designs and rights in databases, subsisting anywhere in the world; the right for the maker of a database to prevent extraction or reutilisation or both of the whole or a substantial part of the content of that database, as described in Directive 96/9/EC on the legal protection of databases; rights under licences, consents, orders, statutes or otherwise in respect of any rights of the nature specified in this definition "Intellectual Property"; and rights of the same or similar effect or nature as or to those above in each case in any jurisdiction;

"Intellectual Property Right" includes the right to exploit any Intellectual Property or any right which is similar or analogous to any Intellectual Property; any moral right; any licence, right or interest of any kind arising out of or granted or created in respect of any Intellectual Property; any right to bring an action for passing off or any similar or analogous proceeding;

"in writing" shall be interpreted to include any document which is recorded in manuscript, typescript, any electronic communication as defined in Section 15 of the Electronic Communications Act 2000 but excluding mobile telephone text messages;

"Know How" means all information not publicly known which is used or required to be used in or in connection with the Services existing in any form (including, but not limited to, that comprised in or derived from engineering, chemical and other data, specifications, formulae, experience, drawings, manuals, component lists, instructions, designs and circuit diagrams, brochures, catalogues and other descriptions) and relating to the design, development, manufacture or production of any products; the operation of any process; the provision of any Services; the selection, procurement, construction, installation, maintenance or use of raw materials, plant, machinery or other equipment or

Page 7 of 151 processes; the rectification, repair or service or maintenance of products, plant, machinery or other equipment; the supply, storage, assembly or packing of raw materials, components or partly manufactured or finished products; quality control, testing or certification of any person;

“Law” means:

(a) any applicable statute or proclamation or any delegated or subordinate legislation;

(b) any enforceable community right within the meaning of section 2(1) European Communities Act 1972;

(c) any applicable guidance, direction or determination with which the Trust and/or the Contractor is bound to comply to the extent that the same are published and publicly available or the existence or contents of them have been notified to the Contractor by the Trust; and

(d) any applicable judgement of a relevant court of law which is a binding precedent in England and Wales,

in each case in force in England and Wales.

“ Loaned Equipment” means equipment owned by the Trust which is loaned to the Contractor for the purposes of the Contract;

"Location" means the locations for the provision of the Services as set out in Schedule 1 to this Contract or as otherwise agreed in writing between the Trust and the Contractor;

"Loss" includes direct losses, liabilities, claims, costs, charges and outgoings arising directly from the provision of the Services of every description (including legal expenses), compensation payable under contracts with suppliers and/or customers, loss of normal operating profits, loss of opportunity, loss of goodwill, loss of revenue from related contracts and pure economic loss;

“Month” means a calendar month;

“ Monthly Contract Review Meeting" means the monthly meeting between the Contractor and the Trust referred to in the Specification Schedule 2;

“Other Party” means the Trust or the Contractor as the case may be (and “Other Party’s” shall be construed accordingly)

“Order” means the orders placed on the Contractor by the Trust for the provision of the Services on an annual basis;

“ Party” means any party to the Contract individually and “Parties” refers to all of the parties to the Contract collectively. A Party shall include all permitted assigns of the Party in question. All persons who are not a Party to the Contract are third parties;

"Person" includes any individual, partnership, firm, trust, body corporate, government, governmental body, authority, agency, unincorporated body of persons or association and a reference to a person includes a reference to that person's successors and permitted assigns;

Page 8 of 151 "Personal Data" means data as defined by the Data Protection Act 1998 which relates to a living individual who can be identified from such data, and/or from such data and other information which is in the possession of, or is likely to come into the possession of the Contractor (in the context of clauses 35.1 and 35.2) or the Trust (in the context of clauses 35.3 and 35.4) and includes any expression of opinion about an individual and any indication of the intentions of the Contractor (in the context of clauses 35.1 and 35.2) or the Trust (in the context of clauses 35.3 and 35.4) in respect of an individual;

“Replacement Contractor” means any contractor engaged to replace the Contractor or any sub-contractor of the Contractor;

"Service Information" means information concerning the Services provided by the Contractor to the Trust in accordance with Clause 31.1 for inclusion in the Trust's catalogue from time to time;

"Services" means the services provided by the Contractor pursuant to, and in accordance with, the Contract;

“Sites” means those areas at the Location for the use of the Contractor and his Staff in the provision of the Services, as set out in the Specification;

"Specification" means the description of the Services set out in Schedule 2 to this Contract, together with (where applicable) a brief description of Deliverables to be provided pursuant to such Services or any description of additional Services or Deliverables set out in any Order;

“Staff” means any person employed by the Contractor in respect of the Contract

“Trust’s Confidential Information” means any and all information which is disclosed or made available either directly or indirectly to the Contractor by the Trust;

“Trust Policies” The current policies of the Trust or any other policy such as may be notified by the Trust to the Contractor from time to time.

“ TUPE” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 Council Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees rights in the event of transfer of undertakings, businesses or parts of undertakings of businesses;

“ Year” means during the Contract Period, any 12 month period commencing on the Commencement Date or an anniversary thereof.

1.2 In these terms and conditions, all references to any statute or statutory provision shall be deemed to include references to any statute or statutory provision which amends, extends, consolidates or replaces the same and shall include any orders, regulations, codes of practice, instruments or other subordinate legislation made thereunder and any conditions attaching thereto. Moreover, where relevant, references to English statutes and statutory provisions shall be construed as references also to equivalent statutes, statutory provisions and rules of law in other jurisdictions.

1.3 Any headings to Clauses, together with the front cover and the Index are for convenience only and shall not affect the meaning of these terms and conditions. Unless the contrary is stated references to Clauses shall mean the Clauses of these terms and conditions.

Page 9 of 151 1.4 Unless otherwise expressly defined in these terms and conditions, the words used in these terms and conditions shall bear their natural meaning. The Parties have had equal opportunity to take legal advice and the contra proferentem rule shall not apply to the interpretation of these terms and conditions.

1.5 Where a term of these terms and conditions provides for a list of items following the word "including" or "includes" then such list is not to be interpreted as being an exhaustive list. Any such list shall not be treated as excluding any item which might have been included in such list having regard to the context of the contractual term in question. The ejusdem generis principle is not to be applied when interpreting these terms and conditions. General words are not to be given a restrictive meaning where they are followed by examples intended to be included within the general words.

1.6 In these terms and conditions, words importing any particular gender include all other genders.

1.7 In these terms and conditions, words importing the singular only shall include the plural and vice versa.

1.8 In these terms and conditions “Staff” and “employees” shall have the same meaning.

1.9 Subject to the contrary being stated expressly or implied from the context in these terms and conditions, all communication between the Parties shall be in writing.

1.10 All monetary amounts are expressed in pounds sterling but in the event that pounds sterling is replaced as legal tender in the United Kingdom by a different currency then all monetary amounts shall be converted into such other currency at the rate prevailing on the date such other currency first became legal tender in the United Kingdom.

1.11 Except where an express provision of these terms and conditions states the contrary, each and every obligation of a Party under the terms and conditions is to be performed at that Party's cost.

1.12 Any reference to a Party "procuring" another person to act or omit to act in a certain manner shall mean that the Party so procuring shall be liable for any default on the part of the person acting or omitting to act in that manner.

1.13 All references to the Contract include (subject to all relevant approvals) a reference to the Contract as amended, supplemented, substituted, novated or assigned from time to time.

2. Appointment

2.1 The Trust appoints the Contractor to provide the Services:

2.1.1 promptly (and in any event within any time targets as may be set out in the Specification) and in a professional and courteous manner so as to reflect and promote the image of the Trust;

2.1.2 strictly in accordance with the Specification and all provisions of the Contract; and

2.1.3 in accordance with all applicable Law and Good Industry Practice; and

2.1.4 in accordance with Trust Policies (including, when on any premises of the Trust or on any other premises where it works alongside the Trust’s, any racial

Page 10 of 151 discrimination and equal opportunities policies), rules, procedures and the quality standards of the Trust as amended from time to time, subject to Clauses 22 or 23 (as the case may be) in respect of material changes to the same.

2.2 The Contractor accepts the terms of appointment as provided in Clause 1 in consideration of the Contract Price.

3. Performance of the Services

3.1 Subject to Clause 15.1, the Contractor shall provide at its own expense all Staff, equipment, tools, appliances, materials or items required for the provision of the Services to the Contract Standard and provide the service in accordance with all Trust Policies.

3.2 To the extent that the Specification includes the date, format and method of delivery of the Services and Deliverables and/or the applicable performance measures, performance due-by dates, minimum performance levels and methods of performance measurement in respect of the Services, the Contractor will abide by the same.

3.3 Time shall be of the essence with regard to the obligations of the Contractor under the Contract.

3.4 If the Specification provides for performance of the Services in stages, the Contractor undertakes to perform the Services in strict compliance with the timetable for stages as provided in the Specification.

3.5 The Trust and the Contractor will co-operate with each other in good faith and will take all reasonable action as is necessary for the efficient transmission of information and instructions and to enable the Trust to derive the full benefit of the Contract. At all times in the performance of the Services, the Contractor will co-operate fully with any other contractors appointed by the Trust in connection with other services at the Location.

3.6 In addition to any more specific obligations imposed by the terms of the Contract, it shall be the duty of the Contractor to notify the Authorised Officer of all significant changes to staffing, rates of pay or conditions of employment, or hours of work, where necessary, or other technological changes at least one month prior to the implementation of any such revised arrangements.

3.7 The Contractor shall provide information in a format, medium and at times specified by the Trust, related to the performance of the Services as may be reasonably required.

3.8 In providing the Services, the Contractor shall use Good Industry Practice to ensure that any computer systems and/or related hardware and/or software it uses are free from corrupt data, viruses, worms and any other computer programs which might cause harm or disruption to the Trust's computer systems.

3.9 If at any time the Contractor becomes aware of any act or omission or any proposed act or omission by the Trust or by any member, official or employee of the Trust which prevents or hinders or may prevent or hinder the Contractor from providing the Services in accordance with the Contract then the Contractor shall immediately inform the Authorised Officer of that fact. For the avoidance of doubt, the Contractor’s compliance with this Clause shall not in any way relieve the Contractor of any of its obligations under the Contract.

Page 11 of 151 3.10 The Trust shall provide the Contractor with copies of its policies, rules, procedures and quality standards (and shall promptly inform the Contractor of any amendments to such documents) to enable the Contractor to comply with its obligations under the Contract.

3.11 The Trust may, where necessary, require the Contractor to set up and maintain appropriate policies, rules, procedures and quality standards in relation to the employment of his own Staff whilst carrying out their duties in relation to the Contract at the Location. This shall include, but not be limited to, disciplinary and grievance procedures. The Contractor shall provide the Trust with copies of such policies, rules, procedures and quality standards (and shall promptly inform the Trust of any amendments to such documents).

3.12 The Contractor will immediately notify the Authorised Officer of any actual or potential problems relating to the Contractor’s own suppliers that affects or might affect his ability to provide the Services.

3.13 The Contractor will be responsible for providing and maintaining the Services to the Contract Standard at all times and will ensure continuity of the Services (at no extra cost to the Trust) in accordance with the Specification. The Contractor must have in place contingency plans and arrangements which are approved by the Trust to ensure continuity of the Services.

3.14 The Contractor will immediately notify the Authorised Officer of any actual or potential industrial action, including strike action, whether such action be of his own Staff or others, that affects or might affect his ability at any time to provide the Services.

3.15 The Contractor will be responsible for providing and maintaining the Services to the Contract Standard during industrial action, at no additional cost to the Trust. The Contractor must have in place contingency plans and arrangements which are approved by the Trust. Subject to Clause 47 (Force Majeure), in the event of an industrial dispute, arising, the Contractor will be exclusively liable for ensuring that the Services continue to be provided to the Contract Standard or to such an alternative standard as might reasonably be agreed between the parties for the duration of the dispute at no additional cost to the Trust. The Contractor will discuss its contingency plans and arrangements for dealing with industrial action on a regular basis and at least annually and will take into account any representations of the Trust made in regard to such contingency plans and arrangements.

3.16 In the event of the Contractor being unable to maintain the Services to the Contract Standard, the Contractor shall without prejudice to the remedies of the Trust permit the Authorised Officer and his Staff, to have access to and unrestricted use of such machinery, equipment and materials which being the property of the Contractor deemed necessary to maintain the Services by the Authorised Officer during industrial action, or any other such occurrence, without additional charge.

3.17 In the event of a major incident (as defined in the Trust’s major incident policy) the Contractor shall perform the Services in accordance with the relevant section of the Specification.

4. Deliverables

4.1 Wherever the Services require the Contractor to provide a Deliverable:

4.1.1 such Deliverable will be delivered in the form prescribed and in accordance with the Specification. If no such form is prescribed in the Specification, the

Page 12 of 151 Contractor will provide Deliverables in a professional form to the requirements (including as to time of delivery) notified to the Contractor by the Authorised Officer;

4.1.2 the Trust may accept such Deliverable or reject it in its reasonable discretion on the grounds that such Deliverable is (in whole or in part) not of satisfactory quality and/or does not meet the brief set out in the Specification or the requirements otherwise made known to the Contractor by the Trust;

4.1.3 the Trust will not reject any Deliverable (wholly or in part) without providing written reasons to the Contractor as to why such Deliverable has been rejected;

4.1.4 any dispute as to whether the Trust has exercised its right to reject any Deliverable reasonably shall be resolved by the Dispute Resolution Procedure; and

4.1.5 any Deliverables which are rejected shall be replaced by the Contractor (at no extra charge to the Trust) by Deliverables which are reasonably satisfactory to the Authorised Officer.

5. Performance Measurement

5.1 In addition to any more specific obligations imposed by the terms of the Contract including the requirements of Schedule 2 (Specification), it shall be the duty of the Contractor to provide the Services to the Contract Standard which in all respects shall be to the satisfaction of the Authorised Officer.

5.2 The Contractor shall institute and maintain a properly documented system of quality control as set out in the Specification and which is to the satisfaction of the Authorised Officer to ensure that the Contract Standard is met.

5.3 In addition to any other rights of the Trust under the Contract, the Authorised Officer shall be entitled to inspect the Contractor’s quality control system referred to in Clause 5.2 above at any time.

5.4 During the Contract Period, the Authorised Officer may inspect and examine the provision of the Services being carried out at the Location without notice at any time. The Contractor shall provide to the Trust all such facilities as the Trust may require for such inspection and examination.

5.5 The Contractor shall allow the Trust and any person, firm or organisation authorised by the Trust to have access to and to audit all records maintained by the Contractor in relation to the supply of the Services. The Contractor shall assist the Trust or any party authorised by the Trust (as the case may be) in the conduct of the audit.

5.6 If the performance of the Contract by the Contractor is delayed by reason of any act or default on the part of the Trust or, by any other cause that the Contractor could not have reasonably foreseen or prevented and for which it was not responsible, the Contractor shall be allowed a reasonable extension of time for completion of the Services so affected.

5.7 Performance Monitoring and Deductions

Page 13 of 151 5.7.1 The Trust shall ascertain whether the Contractor's provision of the Service in question meets any performance criteria as specified in the Specification and in accordance with the contract management procedure or, if the criteria are not so specified, meets the standards of a professional Contractor of the Services.

5.7.2 Throughout the Contract Period, and within 14 days after termination of the Contract, the Parties will hold a Monthly Contract Review Meeting to discuss the Contractor’s performance in the preceding “Quarter” (A three Month period) and the outcomes of the monitoring carried out in accordance with Schedule 2.

5.7.3 At the Monthly Contract Review Meeting, the Parties will use reasonable endeavours to agree the deduction the Trust is entitled to make pursuant to the Specification. In default of such agreement, the Trust shall be entitled to make such deduction as it considers reasonable.

5.7.4 If the Contractor disputes the proposed deduction, the Contractor may raise this objection with the Trust at the Contract Review Meeting and if this matter is not resolved within 5 working days the matter shall be referred to the Dispute Resolution Procedure.

5.7.5 The Contractor shall deduct an amount equal to the deduction proposed and/or agreed in accordance with this clause 5.8 from the next invoice issued after the relevant Monthly Contract Review Meeting, provided that where the proposed deduction has been referred to the Dispute Resolution Procedure, if such dispute is resolved in favour of the Contractor, the Contractor shall be entitled to invoice the Trust for the amount of such deduction in the next invoice issued after the dispute is determined.

5.8 The Trust rights under Clause 5.7 are without prejudice to any other rights or remedies the Trust may be entitled to.

5.9 On request, the Contractor shall submit to the Trust progress reports detailing its adherence to the timetable (if any) as set out in the Specification in a format approved by the Trust. The submission and acceptance of such reports shall not prejudice any other rights or remedies of the Trust under the Contract.

5.10 If required by the Trust, the Parties shall co-operate in sharing information and developing performance measurement criteria with the object of improving the Parties’ efficiency. Any such agreements shall be fully recorded in writing by the Trust.

6. Contract Price and Payment

6.1 In consideration of the Contractor's due and proper performance of its obligations under the Contract, the Contractor may charge the Trust, in accordance with this Clause 6 and the agreed Tariff Rates charges in Schedule 3. 6.2 Subject to the provisions of Clause 6.3 below the sums payable under the terms of Clause 6.1 shall be paid by the Trust to the Contractor monthly in arrears.

6.3 The Contractor shall submit valid VAT invoices setting out the value of the relevant Services, and taking into account any relevant deductions referred to in Clause 5.8.5, at the end of each completed Month in respect of sums payable under Clause

Page 14 of 151 6.1 to the Authorised Officer, and the Trust shall pay the amount of such invoice within 30 days of the receipt by the Authorised Officer of such invoice. Such invoice shall be rendered on the Contractor's own invoice form clearly marked with the Trust’s order number (if any). Invoices must show the period to which they relate and the aspects of the Services for which payment is claimed together with the agreed charging rates and any other details the Trust may require. Failure to provide such information will entitle the Trust to delay payment of the Contract Price until such information is provided.

6.4 On the termination of this Contract for whatsoever reason, otherwise than at each end of a Month, the sums payable by the Trust under Clauses 6.1 in respect of the partly completed Month shall be duly apportioned and the Contractor shall invoice the Trust for the proper proportion on or after the date of termination and the Trust shall pay such sums in accordance with the terms hereof.

6.5 The Contract Price/Schedule of rates in Schedule 3, payable to the Contractor, shall be fixed for 18 months from the Commencement Date (subject to Clause 6.15 below). Thereafter, the Contract Price may be adjusted by the percentage increase or decrease in RPI over the 12 months immediately preceding the date on which the Contract Price is adjusted pursuant to this Clause 6.5

6.6 In accordance with the Contract, where the Contractor is required to provide Deliverables, the Trust shall be entitled to withhold payment of the Contract Price pending receipt and acceptance of the Deliverables in accordance with the Specification.

6.7 Subject to Clauses 6.3 and 6.6, the Trust shall pay any undisputed invoice submitted by the Contractor in accordance with Clause 6.2 within 30 days of receipt by the Trust of such invoice. The Trust shall pay such invoice(s) by BACS (Bank Automated Clearing System) if it so chooses or any alternate means as agreed between the Trust and the Contractor.

6.8 In addition to any rebate to which the Trust is entitled under Clause 5.8, the Trust shall be entitled to deduct from any monies due or to become due to the Contractor any monies owing to the Trust from the Contractor.

6.9 NOT USED

6.10 Except where otherwise stated in the Order, the Contract Price is exclusive of VAT which shall be payable, if applicable, by the Trust in addition to such Contract Price. The invoices provided to the Trust by the Contractor shall show the VAT calculations separately.

6.11 The Contractor will keep accurate books and records in relation to the provision of the Services in accordance with sound and prudent financial management. All such books and records shall be made available to the Trust at regular intervals of not less than quarterly.

6.12 In the event of the Trust breaching Clause 6.7, the Contractor shall be entitled to charge interest on the outstanding amount owed by the Trust at a rate of interest equal to the Bank of England base rate plus 4% per annum.

6.13 In the event that the Contract is varied under Clauses 22 or 23 in such a way as to affect the Contract Price and if agreement between the Parties cannot be reached

Page 15 of 151 on the adjustment to the Contract Price within 3 months both Parties shall jointly act to resolve the dispute in accordance with Clause 24.

6.14 If the adjusted Contract Price is not so agreed or certified until after such variation has taken effect, the Trust shall continue to pay the Contractor at the rate current prior to the variation but shall pay to the Contractor or be entitled to recover from the Contractor as the case may be such sum if any as is equal to the difference between the amount which should have been paid in accordance with the adjusted Contract Price and the amount which was actually paid.

7. Resources

7.1 The Contract Price includes payment in full for all Staff, equipment, tools, appliances, materials or items required by the Contractor to provide the Services in accordance with the Contract. Any facilities or resources needed or used by the Contractor to perform the Services shall be provided by the Contractor without additional cost to the Trust.

7.2 The Contractor confirms it is sufficiently able and experienced in all respects to perform the Services pursuant to the Contract to the reasonable satisfaction of the Trust.

8. Contract Period

8.1 The Contract shall continue for the period of one (1) year from the Commencement Date when it shall expire or until earlier terminated in accordance with the provisions of this Contract.

8.2 The Trust may exercise an option to extend the term described in 8.1 above by a period of up to one (1) year by notifying the Provider in writing not less than 12 weeks before the expiry of this Contract.

9. Authorised Officers

9.1 Any notice, information or communication given to or made by an Authorised Officer to the Contractor shall be deemed to have been given or made by the Trust.

9.2 The Contractor shall decline to accept instructions to permanently vary the Services or to provide additional Services from any of the Trust’s staff who are not Authorised Officers. For the avoidance of doubt, this Clause 9.2 shall not affect the Contractor’s obligations to co-operate with the Trust’s staff as set out in the Specification and the Contractor shall provide the Services responsively and take account of the day-to-day instructions and requests of the Trust’s staff provided such instructions do not result in additional services being invoiced in accordance with Clause 6.2.3.

10. Staff

10.1 The Contractor shall be entirely responsible for the employment and conditions of service of his Staff employed to provide the Services.

Page 16 of 151 10.2 The Contractor will employ sufficient Staff to ensure that all of the Services are provided at all times and in all respects in complete conformity with the Specification. This will include, but not be limited to, the Contractor providing a sufficient reserve of trained and competent Staff to provide the Services during Staff holidays or absence due to sickness or voluntary absence. In relation to the Services, the Contractor will employ only such persons as are careful, skilled and experienced in the duties required of them, and will ensure that every such person is properly and sufficiently trained and instructed (at the Contractor's expense) and carries out the Services with regard to

10.2.1 the task or tasks that person has to perform;

10.2.2 all relevant provisions of the Contract and the Specification;

10.2.3 all relevant policies, rules, procedures and standards of the Trust (including any racial discrimination and equal opportunities policies);

10.2.4 the need for those working in an health service environment to observe the highest standards of hygiene, customer care, courtesy, consideration and equality & diversity awareness;

10.2.5 the need to keep confidential all information howsoever acquired whether relating to the Trust and its business, or relating to patients, including but not limited to patient identity, clinical conditions and treatment.

10.3 The Contractor will, when recruiting potential employees for the purpose of the Contract, act in accordance with the Specification.

10.4 The Contractor shall ensure that employees of appropriate levels of experience and expertise perform the Services to achieve cost efficiency.

10.5 The Trust reserves the right to reject Staff whom they consider to be unsuitable for the duties proposed. Where Staff are rejected the Contractor shall supply alternative Staff. In addition, the Authorised Officer may (but not unreasonably or vexatiously) instruct the Contractor to take disciplinary action against or to remove from work in or about the provision of the Services any person employed by the Contractor and the Contractor shall immediately comply with such instruction, and in the case of a removal from work shall, as soon as it is reasonably practicable thereafter provide a substitute.

10.6 The Contractor shall ensure that any employees to whom reference is made by name in the Specification are actively involved in the provision of the Services or are replaced with employees acceptable to the Authorised Officer. The Contractor acknowledges that if it is ever the wish of the Contractor to change the partners and/or employees committed to provide the Services as provided for in the Specification it shall first give notice of such wish to the Authorised Officer explaining the reasons for such wish together with full details of any proposed replacement partner and/or employee. The Trust shall be under no obligation to approve or accept any such replacement. If any of the partners or employees referred to in the Specification cease, in the reasonable opinion of the Trust, to provide and be responsible for the provision of the Services and the quality of those Services then the Trust may terminate the Contract in accordance with Clause 26.1 paying only for the Services provided up to the date of such termination.

Page 17 of 151 10.7 In addition to its obligations under Clause 44, the Contractor shall ensure that it complies with all current employment legislation and in particular, does not unlawfully discriminate within the meaning of the Race Relations Act 1976 (as amended), the Sex Discrimination Act 1975 (as amended), the Disability Discrimination Act 1995, the Employment Equality (Religion or Belief) Regulations 2003, the Employment Equality (Sexual Orientation) Regulations 2003 or any other relevant legislation relating to discrimination in the employment of employees for the purpose of providing the Services. The Contractor shall take all reasonable steps (at its own expense) to ensure that any employees employed in the provision of the Services do not unlawfully discriminate within the meaning of this Clause 10.7 and shall impose on any sub-contractor obligations substantially similar to those imposed on the Contractor by this Clause 10.7.

10.8 The Contractor shall ensure that all potential Staff or persons performing any of the Services during the Contract Period:

10.8.1 are questioned concerning their Convictions; and

10.8.2 standard and enhanced disclosures are obtained from the Criminal Records Bureau before the Contractor engages the potential Staff or persons in the provision of the Services to the Trust. The Contractor shall take all necessary steps to procure that such potential Staff or persons obtain standard and enhanced disclosures from the Criminal Records Bureau including, without limitation, the Contractor being registered with the Criminal Records Bureau. This will include the vetting of Employees that have not had such CRB vetting.

10.9 The Contractor shall ensure that no person who discloses any Convictions upon being questioned about their Convictions in accordance with Clause 10.8.1, or who is found to have any Convictions following receipt of standard and enhanced disclosures from the Criminal Records Bureau in accordance with Clause 10.8.2, or who fails to obtain standard and enhanced disclosures from the Criminal Records Bureau upon request by the Contractor in accordance with Clause 10.8.2 is employed without the Trust's prior written consent.

10.10 The Contractor shall ensure that the Trust is kept advised at all times of any member of Staff who, subsequent to his/her commencement of employment as a member of Staff receives a Conviction or whose previous Convictions become known to the Trust.

10.11 The Contractor shall ensure that the Trust is kept advised at all times of any:

10.11.1 disciplinary incident relating to his Staff involving visitors, or the Trust’s Staff or property; and

10.11.2 incidence of serious misconduct involving his Staff.

10.12 The Contractor shall only employ Staff for the purposes of the Contract who:

10.12.1 fulfil any minimum training and qualification requirements of the Trust as set out in the Specification and also all training and qualification requirements that may be deemed necessary by the Authorised Officers, legislation, Good Industry Practice or any special bodies or associations;

Page 18 of 151 10.12.2 are in good health and have a standard of oral and personal hygiene acceptable to the Trust;

10.12.3 are medically and physically fit in so far as the requirements of the work are concerned.

10.12.4 have had the appropriate occupational health screening, inoculations and on going occupational health support etc.

10.13 The Contractor shall not employ in or about the provision of the Services any person who has suffered from, has signs of, is under treatment for, or who is suffering from any medical condition which is known to, or does potentially place the health of the Trust’s Staff, residents, patients or visitors at risk. In all such cases, the Contractor is required to notify the Authorised Officer of each particular incident. The Contractor may receive and will accept such instruction as to the immediate and future working capability of the affected employee, upon the Trust’s premises. Such instruction may necessitate the need for further investigation, which shall be the duty and responsibility of the Contractor at his own expense.

10.14 The Authorised Officer may, but not unreasonably or vexatiously, require any person employed by the Contractor in or about the provision of the Services to be medically examined at any time during their employment.

10.15 Any medical examination or certification of any member of the Contractor’s Staff required by the Contract shall be arranged by and shall be at the expense of the Contractor provided always that the Trust shall be entitled at their own expense, to require any medical examination to be carried out by a Medical Practitioner nominated by the Trust.

10.16 The Contractor will comply with the Trust’s policy and procedures on Cross Infection and Notifiable Diseases and will co-operate with and act upon the advice of the Trust’s ’s Infection Control Representative.

10.17 As a condition of employment in the contract, Contractor’s Staff:

10.17.1 shall not corruptly solicit or receive any bribe or other consideration from any person, or fail to account for monies or property received in connection with duties under the Contract assignments

10.17.2 shall not be uncivil to persons encountered in the course of work, or make unnecessary use of authority in connection with the discharge of the Contract assignment instructions;

10.17.3 shall not act in a manner reasonably likely to bring discredit upon the Trust;

10.17.4 shall be properly and presentably dressed in such uniform as is detailed in the Specification or agreed between the Parties (“the Contract Uniform”);

10.17.5 shall not wear the Contractor’s uniform, the Contract Uniform or identification, or use his equipment on the Trust’s premises unless fulfilling the terms of the Contract;

10.17.6 shall maintain proper standards of appearance and deportment whilst at work;

Page 19 of 151 10.17.7 shall not at any time be on duty under the influence of alcohol or drugs;

10.17.8 shall on being charged with any criminal offence, notify the Contractor immediately;

10.17.9 shall not neglect, nor without due and sufficient cause omit, to discharge promptly and diligently a required task within the terms of the Contract;

10.17.10 shall not misuse or abuse the Trust’s property;

10.17.11 shall not smoke while on the Trust’s premises.

10.18 The Contractor shall provide its employees with a form of identification that is acceptable to the Trust and which employees shall display on their clothing at all times when they are at the Location.

10.19 The Contractor and his Staff shall confine themselves to the locality of their work and shall cause as little interference and disruption as possible with other personnel and activities at the Location.

10.20 The Trust shall not be liable for loss of, or damage to, the personal property of Contractor’s Staff, howsoever caused.

10.21 It is the joint responsibility of the Contractor and his employees to ensure that the employees supplied to carry out the Services have not worked excessive hours which could prejudice the standards of service. In accordance with the Working Time Regulations 1998 it is the responsibility of the Contractor to keep records of hours worked for each employee.

11. Control and Supervision of Staff

11.1 Any notice, information, instruction or other communication given or made by the Trust to the Contract Manager shall be deemed to have been given or made to the Contractor.

11.2 The Contract Manager shall be suitably qualified in accordance with the Specification. In addition a work history/biography will be submitted to the Authorised Officer for approval prior to interview.

11.3 The Contractor shall forthwith give notice in writing to the Authorised Officer of the identity of the person appointed as Contract Manager and of any subsequent appointment. Until notice of a subsequent appointment shall have been given the Trust shall be entitled to treat as Contract Manager the person last notified to the Authorised Officer as being the Contract Manager.

11.4 The Contractor shall ensure that the Contract Manager, or a competent deputy who is duly authorised to act on his behalf, is available to the Trust at all times when any employee of the Contractor is on duty for the provision of the specified Services.

11.5 The Contractor shall inform the Authorised Officer of the identity of any person authorised to act for any period as deputy for the Contract Manager before the start of that period.

Page 20 of 151 11.6 The Contract Manager or his deputy shall consult with the Authorised Officer and such other of the Trust’s own supervisory Staff as may from time to time be specified by the Authorised Officer as often as may reasonably be necessary for the efficient provision of the Services in accordance with the Contract.

11.7 The Contractor shall provide a sufficient complement of supervisory Staff in addition to the Contract Manager, to ensure that the Contractor’s Staff engaged in and about the provision of the Services at the Location are adequately supervised and properly perform their duties at all times.

11.8 All persons appointed to managerial and supervisory positions in accordance with the Specification must be to the acceptance of the Authorised Officer who will have the right to veto the appointment of any candidate who is deemed to be unsuitable. Such acceptance shall not be unreasonably withheld.

11.9 The Contractor’s Staff engaged in and about the provision of the Services shall primarily be under the control and direction of the Contractor’s own supervisory Staff but nevertheless while on the Trust’s premises will obey all reasonable instructions given to them by the Trust’s supervisory staff in any matter occasioned by the operational needs of the relevant Service or the health, safety or welfare of anyone.

11.10 The Contractor shall ensure that his Staff carry out their duties and behave while on the Trust’s premises 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 by them. The Contractor’s Staff shall not cause any unreasonable or unnecessary disruption to the routines, practices, and procedures of the Trust’s staff, patients or visitors, or any of the Staff of any other contractors.

12. Health and Safety

12.1 While at the Location, the Contractor shall comply, and shall ensure that its employees comply with, the requirements of relevant Health and Safety and other relevant legislation, including regulations and codes of practice issued thereunder, and with the Trust’s own policies and procedures.

12.2 The Contractor shall at all times maintain a specific Health and Safety at Work policy relating to the employment of his own Staff whilst carrying out their duties in relation to the Contract on the Trust’s premises.

12.3 The Contractor will be required to nominate a Health and Safety Representative to liaise with the Authorised Officer on all Health and Safety matters.

12.4 The Contractor’s Staff shall follow a system of accident recording in accordance with the Trust’s accident recording procedure and the Contractor’s own accident reporting procedures.

12.5 All notifiable accidents shall immediately be brought to the attention of the Authorised Officer.

12.6 The Contractor shall ensure the co-operation of its employees in all prevention measures designed against fire, or any other hazards, and shall notify the Trust of any change in the Contractor's working practices or other occurrences likely to increase such risks or to cause new hazards.

Page 21 of 151 12.7 The Contractor’s Staff shall be trained to recognise situations which involve an actual or potential hazard including:

12.7.1 danger of personal injury to any person on the Trust’s premises and

12.7.1.1 where possible, without personal risk, make safe any such situation; or

12.7.1.2 report any such situation to the Authorised Officer;

12.7.2 fire risks and fire precautions and procedures including attendance at fire lectures/drills in accordance with the Trust’s policies;

12.7.3 security;

12.7.4 risk management;

12.7.5 major incident;

12.8 The Contractor shall provide such first aid facilities and ensure that his Staff abide by such first aid procedures as shall be required by the Trust as detailed in the Specification.

12.9 The Contractor shall at any time ensure that the equipment used and procedures operated conform to the Trust’s Fire Policy as detailed in the Specification.

12.10 The Contractor shall co-operate with the Trust’s Fire, Security and Safety Advisors and shall comply with their reasonable instructions.

12.11 The Contractor will comply with the Control of Substances Hazardous to Health (COSHH) Regulations and COSHH hazard management and control.

13. Location

13.1 The Trust reserves the right to increase or reduce the number of Locations to which any or all of the Services are provided under the Contract at any time during the Contract Period subject to satisfactory agreement between the parties as to the cost (calculated in accordance with Clause 6.2.3) of increase or reduction in the number of locations.

13.2 Without prejudice to any other right or remedy the Trust will endeavour to give as much notice as possible of increases or reductions to the number of Locations under the Contract, although a minimum period of time is not specified in these conditions.

13.3 Upon completion of this Contract the Trust shall grant a non exclusive and revocable licence to the Contractor to enter upon the Locations for the sole purpose of providing the Services to the Trust, subject to the provisions of Clauses 5 and 26, for the Contract Period. The licence thereby granted shall be subject to the conditions of the Contract and shall not be deemed to create a relationship of Landlord and Tenant as between the Trust and the Contractor.

14. Use of Trust Sites

14.1 The Trust shall during the Contract Period permit the Contractor to use in connection with the provision of the Services such sites at the Location as the parties agree are necessary or appropriate for the provision of the Services,

Page 22 of 151 provided that the Trust reserves the right to increase or decrease the number or alter the location of such sites at any time during the Contract Period.

14.2 The Contractor shall use the Sites only in connection with the provision of the Services and shall ensure that the Contractor’s Staff use the Sites only for that purpose.

14.3 The Contractor shall ensure that the Sites have a clean, tidy and professional appearance at all times.

14.4 The permission given to the Contractor to use the said Sites is personal to the Contractor and the Contractor’s Staff and shall cease immediately the Contract ceases to be in force. Only the Contractor’s own Staff and persons making deliveries to the Contractor in connection with the provision of the Services may enter or use any part of the Sites without the prior written permission of the Authorised Officer.

14.5 For the avoidance of doubt it is hereby declared that the permission to enter and use the said Sites is not the grant of a tenancy of any part of the Sites. The Trust retains full possession and control over such Sites at all times and the Contractor shall not receive exclusive possession of, or any estate or interest in, any such Sites.

14.6 The Trust reserves the right at all times to permit third parties to use the Sites, subject to the rights granted to the Contractor pursuant to the Contract.

14.7 The Contractor shall keep the said Sites properly secure.

14.8 The Trust will provide a sufficient supply of water, gas and electricity to operate equipment used to provide the Services.

14.9 The Contractor will not alter or modify any part of the Sites without the written permission of the Authorised Officer, unless alteration or modification is part of the Services to be provided by the Contractor. If alteration or modification of the Sites is to be provided by the Contractor, Clause 27.4 will apply.

15. Equipment and Materials

15.1 The Contractor shall be responsible, at its own expense, for the provision and installation of all equipment and materials required for the provision of the Services and in accordance with the Specification, except where these are loaned to the Contractor by the Trust in accordance with Clause 16.

15.2 Where equipment and materials are supplied by the Trust in accordance with Clause 16, these will be serviced and maintained by the Trust.

15.3 The Contract Manager shall forthwith inform the Authorised Officer of any defects appearing in or losses of, or damage, occurring to the Trust’s equipment. The Contractor shall be liable to pay to the Trust the cost of any replacement necessary as a result of loss or damage caused deliberately or negligently by the Contractor’s Staff.

15.4 The Contractor shall ensure that all equipment used in connection with the Contract is maintained in good working order in compliance with manufacturer’s instructions and current legislation.

Page 23 of 151 15.5 All equipment and materials used by the Contractor shall comply with latest relevant British Standard or European equivalent specifications where such exist and the Contractor shall upon request furnish the Authorised Officer with evidence to prove that such equipment and materials comply with this condition.

15.6 The Contractor shall:

15.6.1.1 establish effective planned maintenance programmes; and

15.6.1.2 make adequate arrangements for emergency remedial maintenance, to ensure continuity of the Services; and

15.6.1.3 agree all equipment purchases with the Trust; and

15.6.1.4 ensure compliance with all regulations covering the inspection and testing of all equipment used at the Location in the provision of the Services; and

15.6.1.5 maintain records, open for inspection by the Trust of maintenance testing and certification.

15.7 Any communication or electrical equipment used by the Contractor in connection with the Contract shall not cause any interference with or damage to any equipment used by the Trust.

15.8 Any communication or electrical equipment proposed to be used by the Contractor in connection with the Contract shall, at the discretion of the Trust be tested and approved by the Trust before use on the Trust’s premises.

15.9 Notwithstanding Clause 15.8 the Contractor shall be liable for any damage caused by any communication or electrical equipment used in connection with the Contract.

15.10 The Trust reserves the right to inspect equipment used by the Contractor in or about the provision of the Services at any time and the Contractor shall comply with any directions of the Authorised Officer as to the manner in which such equipment shall be used.

15.11 The Trust shall not be responsible, charged or chargeable for any equipment or materials brought on site by the Contractor.

16. Loan of Trust Equipment

16.1 The Contractor shall satisfy himself that any Loaned Equipment is suitable for the purpose intended.

16.2 The Contractor shall be liable for any damage to any Loaned Equipment caused by misdirection or misuse due to negligence on the part of the Contractor, his Staff or agents.

16.3 The Trust shall not be liable for any damage to the Loaned Equipment caused by a defect in or faulty operation of the Loaned Equipment.

Page 24 of 151 17. Assignment

17.1 The Contractor shall not assign the whole or any part of the Contract without the prior written consent of the Trust.

17.2 Subject to 17.1 if consent to assign is requested from the Authorised Officer:

17.2.1 the Trust may insist upon the production to it (inter alia) of all reasonable information and documentation relevant to:

17.2.1.1 the financial liability;

17.2.1.2 competence; and

17.2.1.3 relevant experience,

of the proposed assignee and the proposed assignee’s replacement guarantor as reasonable and valid conditions of their consent under Clause 17.1;

17.2.2 the Contractor must warrant that the Contractor and assignee will fully comply with Clause 20;

17.2.3 the Contractor must engage the most appropriate and qualified assignee to undertake the supply of the Services; and

17.2.4 the Trust may reasonably withhold its consent to any request for an assignment if the proposed assignee does not provide a replacement guarantor.

17.3 The Trust shall not assign or otherwise dispose of the benefit of the whole or part of this Contract, save:

17.3.1 to the Secretary of State, any health service body referred to in Section 4 of the National Health Service and Community Care Act 1990, any care trust as defined in section 45 of the Health and Social Care Act 2001, any NHS foundation trust established under the Health and Social Care (Community Health and Standards) Act 2003, or any other person or body replacing or providing similar or equivalent services to any of the foregoing or to whom the Secretary of State exercising his statutory rights would be entitled to transfer such benefits covered by the National Health Service (Residual Liabilities) Act 1996; or

17.3.2 with the prior written consent of the Contractor (such approval not to be unreasonably withheld or delayed),

provided that nothing in this Clause shall restrict the rights of the Secretary of State to effect a statutory transfer.

18. Sub-Contractors

18.1 The Contractor shall not sub-contract the supply of any Services without the previous consent in writing of the Authorised Officer (such consent not to be unreasonably withheld).

Page 25 of 151 18.2 Subject to Clause 18.1 if consent to sub-contract is requested from the Authorised Officer:

18.2.1 the Trust may insist upon the production to it (inter alia) of all reasonable information and documentation relevant to

18.2.1.1 the financial liability;

18.2.1.2 competence; and

18.2.1.3 relevant experience of the proposed sub-contractor

as reasonable and valid conditions of their consent under Clause 18.1;

18.2.2 the Contractor must warrant that appropriate and adequate insurance is in place for the life of the sub-contract and that the Contractor and sub- contractor will fully comply with Clause 20;

18.2.3 the Contractor must engage the most appropriate and qualified sub- contractor to undertake the supply of the Services.

19. Limitation of liability

19.1 Neither Party shall be liable to the other Party for any loss or damage, costs or expenses incurred or suffered by the other Party as a result of any breach of the terms of the Contract, unless the same were in the reasonable contemplation of the Parties at the time when they entered into the Contract.

19.2 Except in the case of death or personal injury caused by negligence, and fraudulent misrepresentation or in other circumstances where liability may not be so limited under any applicable law, the liability of either Party under or in connection with the Contract, whether arising in contract, tort, negligence, breach of statutory duty or otherwise shall not exceed the sum of £5 million in one incident in any one Year.

19.3 The Contract Price of the Services under the Contract has been negotiated and agreed on the basis that the Parties may limit their liability to each other as set out in the Contract and the Parties each confirm that they will themselves bear or insure against any loss for which the other Party has limited its liability under the Contract.

20. Insurance

20.1 The Contractor shall insure against its liability under Clause 19.2 with a minimum limit of indemnity of £5 million per annum or such other sum as may be agreed between the Trust and the Contractor in writing. The Contractor shall maintain professional indemnity insurance to cover liability to a maximum of £5 million in any one year under the Contract and provide evidence of such professional indemnity insurance as the Trust may reasonably request from time to time.

21. Review

21.1 The Contractor shall attend formal, monthly minuted review meetings (each such meeting being a "Monthly Contract Review Meeting"), as required by the Authorised Officer, to discuss the Trust's levels of satisfaction in respect of the Services provided under the Contract and to agree any necessary action to address

Page 26 of 151 areas of dissatisfaction. The Contractor will not obstruct or withhold its agreement to any such necessary action. Such Monthly Contract Review Meetings shall be attended by duly authorised and sufficiently senior employees of both the Trust and the Contractor together with any other relevant attendees. The Parties shall agree a standing agenda for such Monthly Contract Review Meetings.

22. Variation of the contract

22.1 Any variation to the terms of the Contract must be recorded in writing and executed by a director or authorised signatory of the Contractor and the Authorised Officer. Such record of the variation in question must address all consequential amendments required to be made to the Contract as a result of such variation, including adjustment to the Contract Price.

22.2 Variations will take effect as from the date specified in the signed record of variation and shall not have retrospective effect unless expressly provided for in such record.

22.3 Each record of variation must be dated and sequentially numbered. Each of the Trust and the Contractor will be entitled to an original executed counterpart of the record of variation.

22.4 Save as provided in any such record of variation, the Contract will continue in full force and effect.

23. Variation of the Specification

23.1 The Trust may at any time propose to the Contractor any reasonable variation or addition to the Specification and the Contractor shall not unreasonably withhold or delay its consent to such variation.

23.2 No such variation or addition shall affect the continuation of the Contract.

23.3 The provisions of Clause 22 shall apply to the recording of such variations.

24. Dispute Resolution Procedure

24.1 During any dispute, including a dispute as to the validity of the Contract, it is mutually agreed that the Contractor shall continue its performance of the provisions of the Contract (unless the Trust requests in writing that the Contractor does not do so).

24.2 If a dispute arises between the Trust and the Contractor in relation to any matter which cannot be resolved by the Authorised Officer and the Contractor Manager either of them may refer such dispute to the Dispute Resolution Procedure.

24.3 In the first instance each of the Trust and the Contractor shall arrange for a more senior representative than those referred to in Clause 24.2 to meet solely in order to resolve the matter in dispute. Such meeting(s) shall be minuted and shall be chaired by the Trust (but the chairman shall not have a casting vote). Such meeting(s) shall be conducted in such manner and at such venue (including a meeting conducted over the telephone) as to promote a consensual resolution of the dispute in question at the discretion of the chairman.

Page 27 of 151 24.4 If the meeting(s) referred to in Clause 24.3 does not resolve the matter in question then the Parties will attempt to settle it by mediation in accordance with the Centre for Dispute Resolution ("CEDR") Model Mediation Procedure or any other model mediation procedure as agreed by the Parties. To initiate a mediation the Parties may give notice in writing (a "Mediation Notice") to the other requesting mediation of the dispute and shall send a copy thereof to CEDR or an equivalent mediation organisation as agreed by the Parties asking them to nominate a mediator. The mediation shall commence within 28 days of the Mediation Notice being served. Neither Party will terminate such mediation until each of them has made its opening presentation and the mediator has met each of them separately for at least one hour. Thereafter paragraph 14 of the Model Mediation Procedure will apply (or the equivalent paragraph of any other model mediation procedure agreed by the Parties). Neither Party to the mediation will commence legal proceedings against the other until 30 days after such mediation of the dispute in question has failed to resolve the dispute. The Parties will co-operate with any person appointed as mediator providing him with such information and other assistance as he shall require and will pay his costs, as he shall determine or in the absence of such determination such costs will be shared equally.

25. Environmental Considerations

25.1 The Contractor shall comply in all material respects with applicable environmental laws and regulations in force from time to time in relation to the Services. Where the provisions of any such legislation are implemented by the use of voluntary agreements or codes of practice, the Contractor shall comply with such agreements or codes of practices as if they were incorporated into English law subject to those voluntary agreements being cited in tender documentation.

25.2 The Contractor will use best endeavours to ensure that the Services are provided in such a way as to minimise damage to the environment and will work with the Trust to meet their environmental targets/policies/procedures.

25.3 Without prejudice to the generality of the foregoing, the Contractor shall:

25.3.1 comply with all reasonable stipulations of the Trust aimed at minimising packaging in which any products supplied by the Contractor to the Trust , as part of the performance, of the Services are supplied;

25.3.2 promptly provide such data as may reasonably be requested by the Trust from time to time regarding the weight and type of packaging according to material type used in relation to all products supplied to the Trust under or pursuant to the Contract;

25.3.3 comply with all obligations imposed on it in relation to any products supplied to the Trust as part of the performance of the Services by the Packaging Waste Regulations 1997 (or any other equivalent legislation giving effect in any part of the European Economic Area to the Packaging and Packaging Waste Directive 94/62/EC);

25.3.4 label all products supplied to the Trust by the Contractor under the Contract and the packaging of those products, to highlight environmental and safety information as required by applicable UK and EU legislation;

Page 28 of 151 25.3.5 unless otherwise agreed with the Trust , insofar as any products supplied under the Contract comprise or include electrical or electronic equipment, manage the said equipment and associated consumables at end of life to facilitate recovery, treatment, recycling and provide any information which the Trust may reasonably require from time to time regarding the costs of such activity;

25.3.6 promptly provide all such information regarding the environmental impact of any products supplied or used under the Contract as may reasonably be required by the Trust to permit informed choices by end users;

25.3.7 where goods are imported in to the UK then for the purposes of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (as amended) the Contractor shall assume the rolled-up obligations for all activities performed outside the United Kingdom in relation to the goods and the packaging which is used for the containment, protection, handling, delivery and presentation of the goods in addition to any other obligations he may have pursuant to the said regulations.

25.4 The Contractor shall meet all reasonable requests by the Trust for information evidencing the Contractor’s compliance with the provisions of this Clause.

26. Termination

26.1 The Trust may terminate the Contract (in whole or in part) by serving written notice (stating the date on which the Contract shall terminate and the grounds upon which the Contract is being terminated) on the Contractor in any of the following circumstances:-

26.1.1 a material failure (in whole or in part) by the Contractor to perform any material obligation of the Contractor under Clauses 2, 3, 4, 10, 11, 12, 17 18, 20, 22, 25, 29, 30, 33 34, 35, 36, 37, 38, 40 and 41 provided that (if capable of remedy) such failure has not been remedied to the Trust's reasonable satisfaction within a period of 30 days following written notice demanding remedy of the failure in question being served by the Trust on the Contractor; or

26.1.2 the Contractor fails (in whole or in part) to perform any material obligation of the Contractor owed to the Trust on more than 3 occasions; or

26.1.3 the Contractor becomes Insolvent or otherwise ceases to be capable of providing the Services; or

26.1.4 the Contractor is in default of any duty of care or any fiduciary or statutory duty owed to the Trust and/or any patient, employee or agent of the Trust; or

26.1.5 there is a change of ownership or control of the Contractor which, in the reasonable opinion of the Trust will have a material impact on the provision of the Services or the image of the Trust; or

26.1.6 the Contractor purports to assign the Contract in breach of Clause 29; or

26.1.7 the Contractor shall have offered or given or agreed to give to any person any gift or consideration of any kind as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any action in relation to

Page 29 of 151 the obtaining or execution of the Contract or any other contract with the Trust, or for showing or forbearing to show favour or disfavour to any person in relation to the Contract or any other contract with the Trust or similar acts have been done by any person employed by it or acting on its behalf (whether with or without the knowledge of the Contractor); or

26.1.8 if in relation to the Contract or any other contract with the Trust, the Contractor or any person employed by it or acting on its behalf shall have committed any offence under the Prevention of Corruption Acts 1889 to 1916, or shall have given any fee or reward to any officer of the Trust which shall have been exacted or accepted by such officer under colour of his office or employment and is otherwise than such officer’s proper remuneration; or

26.1.9 the Trust exercises its right under Clause 43.1.4.

26.2 The Trust shall be entitled to recover from the Contractor the amount of any Loss resulting from termination under Clause 26.1. For the purpose of this Clause, Loss shall include reasonable cost to the Trust of the time spent by its officers in terminating the Contract and in making alternative arrangements for the provision of the Services.

26.3 The Contractor may terminate the Contract in the following circumstance, by giving 6 month’s written notice:

26.3.1 if the Trust has committed a material breach of the Contract; and

26.3.2 the Contractor has brought the breach of Contract to the attention of the Authorised Officer in writing; and

26.3.3 the Trust has not corrected the said breach of Contract within a reasonable period of time.

26.4 The Contractor agrees that upon termination for any reason (under Clause 26.1 or otherwise) or expiry of the Contract it shall not be entitled to make a claim against the Trust in relation to costs incurred by the Contractor in providing the Services or costs incurred in acquiring equipment and/or materials used in the provision of the Services or in engaging third parties in connection with the Services whether or not such costs were amortised in the calculation of the Contract Price payable by the Trust under the Contract. For the avoidance of doubt, the Contractor will not be restricted from making any claim in respect of the Contract Price to the extent the Contract Price is outstanding and due and payable.

26.5 The Trust and the Contractor agree that termination (in whole or in part) or expiry of the Contract shall not affect either Party's obligations which the Contract provides shall survive the termination or expiry of the Contract or the continuance of the part or parts not terminated where the Contract is terminated in part only.

26.6 Any termination (in whole or in part) of the Contract will not prejudice the rights, obligations and duties of each Party arising prior to such termination taking effect.

Page 30 of 151 27. Arrangements on Termination

27.1 The Trust and the Contractor agree that termination or expiry of the Contract shall not affect either Party's obligations which the Contract provides shall survive the expiration or termination of the Contract.

27.2 After termination or expiry all data, documents and records (whether stored electronically or otherwise) relating in whole or in part to the Services (including any Deliverables which remain to be completed as at the date of termination or expiry) and all other items provided on loan or otherwise to the Contractor by the Trust shall be delivered by the Contractor to the Trust provided that the Contractor shall be entitled to keep copies thereof to the extent that the information contained therein does not relate solely to the Services or to the extent that the Contractor is required by law to maintain copies thereof or to the extent that the Contractor was possessed of such data documents and records prior to the date of the Contract. In addition, the Contractor shall co-operate fully with the Trust during the handover leading to the termination of the Contract. This co-operation shall extend to full access to all documents, reports, summaries and any other information required to achieve an effective transition without disruption to routine operational requirements.

27.3 The Contractor shall retain all papers, files, records and vouchers relating to the provision of the Services as provided for under Clause 27.2 for the period of 5 years after the date of the termination of the Contract and thereafter shall not destroy them but deliver them to the Trust.

27.4 Upon termination of the Contract under Clause 26.1, all equipment and materials provided and/or assembled by (or which are in the process of being provided or assembled by) the Contractor or materials and parts of Sites or Locations which are being altered or modified by the Contractor, in accordance with the Contract shall be transferred into the ownership of the Trust regardless of whether the assembly of such equipment and materials or the alteration or modification of such Sites or Locations has been completed.

28. Re-Tendering and Handover

28.1 Within 21 days of being so requested by the Trust, the Contractor shall provide and thereafter keep updated, in a fully indexed and catalogued format, all the information which the Trust reasonably considers necessary to enable it to issue invitations to offer for the future provision of the Services or otherwise provide for the transfer of the right to provide the Services to a new service Contractor.

28.2 Where, in the opinion of the Trust, TUPE is likely to apply on the termination or expiration of the Contract, the information to be provided by the Contractor under 28.1 shall include, as applicable, full, accurate and up-to-date information relating to the employees who would be transferred under the same terms of employment under TUPE, including in particular (but not limited to):

28.2.1 the number of employees who would be transferred, but with no obligation on the Contractor to specify their names;

28.2.2 in respect of each of those employees, their dates of birth, sex, salary, length of service, hours of work and rates, and any other factors affecting redundancy entitlement, any specific terms applicable to those employees individually and any outstanding claims arising from their employment;

Page 31 of 151 28.2.3 the general terms and conditions applicable to those employees, including Whitley Council and/or Agenda for Change provisions, probationary periods, retirement age, periods of notice, current pay agreements and structures, special pay allowances, working hours, entitlement to annual leave, sick leave, maternity and special leave, injury benefit, redundancy rights, terms of mobility, any loan or leasing agreements, and any other relevant collective agreements, facility time arrangements and additional employment benefits

28.2.4 details of any existing or potential liabilities to such employees or to third parties arising from any act or omission of such employees.

28.3 The Trust shall take all necessary precautions to ensure that the information referred to in Clauses 28.1 and 28.2 is given only to Replacement Contractors who have qualified to offer for the future provision of services and the Contractor hereby consents to all such information being passed to Replacement Contractors meeting the requirements of this Clause 28.3. The Trust shall require that such Replacement Contractors shall treat that information in confidence, that they shall not communicate it except to such persons within their organisation and to such extent as may be necessary for the purpose of preparing a response to an invitation to offer issued by the Trust and that they shall not use it for any other purpose.

28.4 The Contractor shall indemnify the Trust and keep the Trust fully and effectively indemnified against any claim made against the Trust at any time by any person in respect of the liability incurred by the Trust arising from any deficiency or inaccuracy in information, which the Contractor is required to provide under Clause 28.2. This indemnity shall apply without any limitation in time and, in particular but without limitation, shall continue to apply in respect of any employee of the Contractor whose employment transfers to the Trust or a Replacement Contractor, on or following the expiry or termination of the Contract.

28.5 The Contractor shall allow access to the Sites, in the presence of a representative of the Trust, to any person representing any Replacement Contractor or potential Replacement Contractor. For the purpose of such access, where the site is on the Contractor’s premises, the Trust shall give the Contractor seven days’ notice of a proposed visit together with a list showing the names of all persons who will be attending those premises.

28.6 All persons who attend the Contractor’s premises for the purposes of Clause 28.5 shall comply with the Contractor’s security procedures, subject to such compliance not being in conflict with the objective of the visit.

28.7 The Contractor shall co-operate fully with the Trust during the handover arising from the completion or earlier termination of the Contract. This co-operation, during the setting up operations period of the new Contractor, shall extend to allowing full access to, and providing copies of all documents, reports, summaries and other information necessary in order to achieve an effective transition without disruption to the routine operational requirements.

28.8 Within ten working days of being so requested by the Trust, the Contractor shall transfer to the Trust, or any person designated by the Trust (and hereby irrevocably licence the Trust or any person designated by the Trust to use), free of charge, all computerised filing, recordings, documentation, planning and drawings held on software and utilised in the provision of the Services. The transfer shall be made in a fully indexed and catalogued disk format to operate on a proprietary software

Page 32 of 151 package identical to that used by the Trust. For the avoidance of doubt, in this Clause “use” shall include the acts of copying, modifying, adapting and translating the material in question and/or incorporating them with other materials.

29. TUPE [if applicable]

29.1 The Parties hereby acknowledge that, subject to the right of employees under Regulation 4(7) of TUPE, TUPE will operate to transfer each of the Employees to the Contractor on the Commencement Date which shall be the “time of transfer” under TUPE.

29.2 If in relation to any or all of the Employees the transfer of their employment occurs on any date before the Commencement Date, the provisions of Clause 29.1 and this Clause generally will apply to those Employees as if references to the Commencement Date were references to that date.

29.3 If it is determined by a Tribunal or other court of competent jurisdiction or as a result of a change of law that TUPE does not apply at or immediately before the Commencement Date the Contractor shall ensure that it is able to and does use all or any of those who would have been Employees had TUPE applied to the provision of the Services by the Contractor from the Commencement Date on the terms set out in this Clause.

29.4 Where Clause 29.3 applies the relevant Parties shall co-operate generally with a view to securing in a timely and economical manner that, where possible, the employees shall come to be employed by the Contractor.

29.5 The Contractor shall indemnify and keep indemnified the Trust against any Loss incurred by the Trust connected with or arising from any claim or proceedings by any trade union, elected employee representative or staff association made against the Trust in respect of any or all of the Employees or any other employee of the Contractor and which arises from or is connected with any failure by the Contractor to comply with its legal obligations in relation thereto whether under Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 or Regulations 11, 13 and/or 14 of TUPE.

29.6 The Contractor shall indemnify and keep indemnified the Trust against any Loss incurred by the Trust connected with or arising from the contract of employment or any policy applicable to, or any collective agreement in respect of any Employee or of any other person at any time employed by (or engaged as a consultant by) the Contractor made against the Trust at any time for breach of such contract, policy or any such collective agreement, pay, unfair dismissal, statutory or contractual redundancy pay, sex, race or disability discrimination, equal pay, unlawful deductions, loss of earnings, industrial or personal injury or otherwise relating to their employment by the Trust and which results from any act, fault or omission of the Contractor while such Employees were or such other person was employed by the Contractor.

29.7 The Contractor shall indemnify and keep indemnified the Trust against any Loss incurred from any change or proposed change to the terms and conditions of employment of any Employees where such change is or is proposed to be effected following the transfer of any such person pursuant to the Contract and in respect of any Loss incurred by the Trust arising from the employment or proposed

Page 33 of 151 employment of any such Employee otherwise than on terms the same as those enjoyed by any such person immediately prior to such transfer.

29.8 Upon the day which is six months before the expiry of the Contract Period or, in the case of earlier termination, as soon as the Contractor is aware of the proposed termination of the Contract or the provision by it of the Services the Contractor shall upon the request of the Trust and to the extent permitted by law, supply to the Trust all information set out in Clause 28.2 (whether or not the Trust is proposing to re- tender for the provision of all or any of the Services) required by the Trust as to the terms and conditions of employment and employment history of any employees (including all employee liability information identified in Regulation 11 of TUPE) then assigned by the Contractor to the provision of the Services and shall warrant the accuracy of such information. All such information supplied under this Clause 29.8 shall be subject to the indemnity set out in Clause 28.4 as if the information had been supplied under Clause 28.2.

29.9 Except with the prior written consent of the Trust, the Contractor shall not vary any terms and conditions of employment of any employee or any policy or collective agreement applicable to any employee then assigned by the Contractor to the provisions of the Services (provided always that this provision shall not affect the right of the Contractor to give effect to any pre-existing contractual obligation to any such employee) nor remove or replace any particular employee so assigned (unless requested by such employee or upon the resignation of such employee in which case the Contractor shall replace such person with another person of similar skills, qualifications and experience) after the Trust has served notice of the termination of the Contract or after the Contractor shall have otherwise become aware of the proposed termination of the Contract or the provision by it of the Services.

29.10 On the termination of the Contract, where there is no transfer pursuant to TUPE such that employees assigned by the Contractor to the provision of the Services do not transfer to a Replacement Contractor, the Contractor shall use reasonable endeavours to procure that the Trust or Replacement Contractor as the case may be may use any such employees in the provision of services equivalent to the Services from the date of expiry or termination for a period of up to 12 months thereafter.

29.11 The Contractor shall (save where it would be a criminal offence or otherwise unlawful so to do) in conducting the recruitment for any post which may come to be filled by a new appointee:

29.11.1 question any such person concerning their previous convictions and/or cautions, pending prosecutions, convictions, cautions and binding over orders (including any spent convictions as contemplated by Section 1(1) of the Rehabilitation of Offenders Act 1974 by virtue of the exemptions specified in Part II of Schedule 1 of the Rehabilitation of Offenders Act (Exemptions) Order 1975 (SI 1975/1023) or any replacement or amendment to that Order) (“Convictions”); and

29.11.2 require all applicants for employment in such a post to complete an application form in which they are required to disclose all such Convictions and to consent to such details being made available to the Trust; and

29.11.3 require all applicants to complete a police check form; and

Page 34 of 151 29.11.4 in the event that such applicant who discloses any Convictions or who is found to have any Convictions following completion of a police check or who declines or refuses to complete the application form referred to in Clause 29.11.2 above, the Contractor shall not employ such applicant.

29.12 The Contractor shall at all times keep the Trust informed of any employee of the Contractor performing any of the Services who subsequent to his or her commencement of employment with the Contractor receives a Conviction or in respect of whom any previous Convictions become known to the Contractor and if the Trust, acting reasonably, considers that the Conviction has a material bearing upon the suitability of the individual concerned to be engaged in the provision of the Services, such person shall only continue to have access to the persons receiving health services and/or have substantial access to children with the Trust’s prior written consent. The Contractor shall indemnify and keep indemnified the Trust against any Loss arising out of any claim by any person in respect of whom the Trust denies consent to continue to provide Services as a result of such person disclosing or receiving a Conviction.

29.13 The Contractor shall ensure that all persons appointed by the Contractor to provide any of the Services shall undergo pre-employment health screening to establish in each case whether such person is medically fit for his or her proposed tasks in the provision of any of the Services, such medical screening to be undertaken at the Contractor’s cost.

29.14 Records of all pre-employment health screenings shall be held by the Contractor and produced for inspection upon request by the Trust and the Contractor shall procure that the individual member of Staff concerned has given his or her written consent to such inspection.

29.15 If any person appointed by the Contractor to provide any of the Services is determined not to be medically fit for his or her proposed tasks in the provision of the Services to the then Contractor shall not employ any such person in or in respect of the provision of Services and the Contractor shall indemnify and keep indemnified against any Loss arising out of a claim or proceeding by any such person.

30. Intellectual Property

30.1 Provided that the provisions of Clause 19 shall not apply, the Contractor agrees to indemnify and keep indemnified the Trust against any costs, claims, proceedings, expenses and demands arising from the use, application, supply or delivery of any Deliverable, process, article, matter or thing supplied under the Contract that would constitute or is alleged to constitute any infringement of any person's Intellectual Property Rights save to the extent that such infringement is caused by a breach by the Trust of its obligations under this Contract.

31. Electronic Product Information

31.1 The Contractor shall provide the Trust the Service Information in such manner and upon such media as agreed between the Contractor and the Trust from time to time.

31.2 The Contractor warrants that the Service Information is complete and accurate as at the date upon which it is delivered to the Trust and that the Service Information does

Page 35 of 151 not contain any data or statement which gives rise to any liability on the part of the Trust following publication of the same in accordance with this Clause 31.

31.3 In the event the Service Information ceases to be complete and accurate, the Contractor shall promptly notify the Trust in writing of any modification or addition to or any inaccuracy or omission in the Service Information.

31.4 The Contractor grants the Trust a non-exclusive royalty free licence in perpetuity to use and exploit the Service Information and any Intellectual Property therein for the purpose of illustrating the range of goods and services (including, without limitation, the Services) available pursuant to the Trust contracts from time to time.

31.5 The Trust may reproduce the Service Information provided by the Contractor in the Trust's catalogue and/'s catalogue from time to time which shall be made available on the National Health Service internal communications network in electronic format or made available on the Trust's external website and/'s external website or any other electronic media of the Trust (as the case may be) from time to time.

31.6 Before any publication of the Service Information (electronic or otherwise) is made by the Trust, the Trust will submit a copy of the relevant sections of the Trust's catalogue to the Contractor for approval, such approval not to be unreasonably withheld or delayed.

31.7 If requested in writing by the Trust the Contractor and the Trust shall forthwith negotiate in good faith an agreement to use the Electronic Trading Systems.

31.8 Subject to Clause 31.9, the Contractor agrees to indemnify and keep indemnified the Trust against any liability, loss, costs, expenses, claims or proceedings whatsoever arising out of or in connection with any statement relating to the goods and services (including, without limitation, the Services) or information or material on or description of the goods and services (including, without limitation, the Services) provided by or on behalf of the Contractor which is included in the Trust's catalogue from time to time or any associated material produced by the Trust for the purpose of illustrating the range of goods and services (including, without limitation, the Services) available pursuant to the Trust’s contracts from time to time.

31.9 The Contractor shall not be required to indemnify or keep indemnified the Trust against any liability, loss, costs, expenses, claims or proceedings whatsoever arising under Clause 31.8 as a result of the Trust ‘s wilful or negligent misrepresentation of any statement relating to the goods and services (including, without limitation, the Services) or information or material on or description of the goods and services (including, without limitation, the Services) provided by or on behalf of the Contractor which is included in the Trust's catalogue from time to time (as the case may be) or any associated material produced by the Trust for the purpose of illustrating the range of goods and services (including, without limitation, the Services) available pursuant to the Trust’s contracts from time to time.

32. Annual Sales Statement

32.1 The Contractor shall provide the Trust within 5 working days of the end of the month, a monthly activity/sales report giving accurate and complete details of the quantity and value of the Services provided by the Contractor pursuant to the Contract during the year ending on the date of such anniversary or, in the event of termination of the Contract, during the period from the date of the Contract or the

Page 36 of 151 date of the last such statement submitted by the Contractor to the Trust to the date of termination of the Contract. The statement shall include accurate details of the identity of the Trust to which the Services were provided pursuant to the Contract. The format and level of detail of the statement shall be agreed between the Trust and the Contractor in writing.

32.2 The Contractor shall keep at its normal place of business detailed, accurate and up to date records of the quantity and value of the Services provided by it to any Trust on or after the date of the Contract and pursuant to the Contract together with accurate details of the identity of the Trust to which such Services were provided. Subject to any other auditing process being agreed between the Trust and the Contractor in writing, the Trust shall be entitled by prior appointment to enter the Contractor’s normal place of business during normal office hours and to inspect such records in order to verify whether any statement supplied by the Contractor to the Trust pursuant to Clause 32.1 is accurate and complete.

33. Audit and Accounts

33.1 For the purpose of:

33.1.1 the examination and certification of the Trust’s accounts; or

33.1.2 any examination pursuant to section 6(1) of the National Audit Act 1983 or any re-enactment thereof of the economy, efficiency and effectiveness with which the Trust has used its resources,

the Comptroller and Auditor General and the Trust or its auditors may examine such documents as he may reasonably require which are owned, held or otherwise within the control of the Contractor and may require the Contractor to produce such oral or written explanation as he considers necessary. The Contractor acknowledges that it will fully cooperate with any counter fraud policy or investigation, whether carried out by the Counter Fraud and Security Management Service, or any equivalent body, successor or function, at any time. For the avoidance of doubt it is hereby declared that the carrying out of an examination under Section 6(3)(d) of the National Audit Act 1983 or any re- enactment thereof in relation to the Contractor is not a function exercisable under this contract.

33.2 The Contractor shall take all necessary steps to counter fraud affecting the Services as determined in this document

33.3 The Contractor shall co-operate with the Trusts Local Counter Fraud Specialist (LCFS) to enable the LCFS efficiently and effectively to carry out its functions and in particular:

33.3.1 enable the LCFS to have such access to the Provider’s staff and premises as it may require;

33.3.2 supply such information including files and other data (whether in electronic or manual form) as the LCFS may require in connection with;

33.3.2.1 its responsibility for quality inspection and fraud measurement;

33.3.2.2 the performance of its functions in connection with the prevention, detection or investigation of fraud.

Page 37 of 151 33.4 In the case of information required in connection with the above, the Contractor shall respond to any request from the Trusts LCFS as soon as reasonably practicable and in any event within 7 days from the date of the request.

33.5 The Contractor shall comply with the requirements of the Trusts LCFS with regards to:

33.5.1 the arrangement for agreeing to progress a criminal prosecution and to refer a matter to the police;

33.5.2 the confidentiality of information relevant to the investigation of suspected fraud;

33.5.3 the arrangements for gathering information to enable the Director of Finance to seek recovery of money lost through fraud;

34. Confidentiality

34.1 In respect of any Confidential Information it may receive from the other Party (“the Discloser”), each Party (“the Recipient”) undertakes subject to Clause 35.6 to keep secret and strictly confidential and shall not disclose any such Confidential Information to any third party, without the Discloser’s prior written consent provided that:

34.1.1 the Recipient shall not be prevented from using any general knowledge, experience or skills which were in its possession prior to the commencement of the Contract;

34.1.2 the provisions of this Clause 34 shall not apply to any Confidential Information which:-

34.1.2.1 is in or enters the public domain other than by breach of the Contract or other act or omissions of the Recipient ;

34.1.2.2 is obtained by a third party who is lawfully authorised to disclose such information; or

34.1.2.3 is authorised for release by the prior written consent of the Discloser.

34.2 Nothing in this Clause 34 shall prevent the Recipient from disclosing Confidential Information where it is required to do so by judicial, administrative, governmental or regulatory process in connection with any action, suit, proceedings or claim or otherwise by applicable law or, where the Contractor is the Recipient, to the Contractor's immediate or ultimate holding company provided that the Contractor procures that such holding company complies with this Clause 34 as if any reference to the Contractor in this Clause 34 were a reference to such holding company.

34.3 The Contractor authorises the Trust to disclose the Confidential Information to such person(s) as may be notified to the Contractor in writing by the Trust from time to time to the extent only as is necessary for the purposes of auditing and collating information so as to ascertain a realistic market price for the Services supplied in accordance with the Contract, such exercise being commonly referred to as "benchmarking". The Trust shall use all reasonable endeavours to ensure that such person(s) keeps the Confidential Information confidential and does not make use of

Page 38 of 151 the Confidential Information except for the purpose for which the disclosure is made. The Trust shall not without good reason claim that the lowest price available in the market is the realistic market price.

34.4 The provisions of this Clause 34 shall continue following termination of the Contract for any reason whatsoever and without limit in time.

35. Data Protection and Freedom of Information

35.1 The Contractor shall comply with the Data Protection Act 1998 ("the 1998 Act") and any other applicable Law relating to data protection. In particular the Contractor agrees to comply with the obligations placed on the Trust by the seventh data protection principle ("the Seventh Principle") set out in the 1998 Act (and the Trust shall provide reasonable assistance to the Contractor in order for it to so comply), namely:

35.1.1 to maintain technical and organisational security measures sufficient to comply at least with the obligations imposed on the Trust by the Seventh Principle;

35.1.2 only to process Personal Data for and on behalf of the Trust , in accordance with the instructions of the Trust and for the purpose of performing the Services in accordance with the Contract and to ensure compliance with the 1998 Act;

35.1.3 to allow the Trust to audit the Contractor's compliance with the requirements of this Clause 35 on reasonable notice and/or to provide the Trust with evidence of its compliance with the obligations set out in this Clause 35.

35.2 Subject to Clause 19, the Contractor agrees to indemnify and keep indemnified the Trust against all claims and proceedings and all liability, loss, costs and expenses incurred in connection therewith by the Trust as a result of any claim made or brought by any individual or other legal person in respect of any loss, damage or distress caused to that individual or other legal person as a result of the Contractor's unauthorised processing, unlawful processing, destruction of and/or damage to any Personal Data processed by the Contractor, its employees or agents in the Contractor's performance of the Contract or as otherwise agreed between the Parties.

35.3 The Trust shall comply with the Data Protection Act 1998 ("the 1998 Act") and any other applicable Law relating to data protection. In particular the Trust agrees to comply with the obligations placed on the Contractor by the seventh data protection principle ("the Seventh Principle") set out in the 1998 Act (and the Contractor shall provide reasonable assistance to the Trust in order for it to so comply), namely:

35.3.1 to maintain technical and organisational security measures sufficient to comply at least with the obligations imposed on the Contractor by the Seventh Principle;

35.3.2 only to process Personal Data for and on behalf of the Contractor, in accordance with the instructions of the Contractor and for the purpose of complying with its obligations under the Contract and to ensure compliance with the 1998 Act;

Page 39 of 151 35.3.3 to allow the Contractor to audit the Trust's compliance with the requirements of this Clause 35 on reasonable notice and/or to provide the Contractor with evidence of its compliance with the obligations set out in this Clause 35.

35.4 Subject to Clause 19, the Trust agrees to indemnify and keep indemnified the Contractor against all claims and proceedings and all liability, loss, costs and expenses incurred in connection therewith by the Contractor as a result of any claim made or brought by any individual or other legal person in respect of any loss, damage or distress caused to that individual or other legal person as a result of the Trust's unauthorised processing, unlawful processing, destruction of and/or damage to any Personal Data processed by the Trust, its employees or agents in the Trust's performance of the Contract or as otherwise agreed between the Parties.

35.5 Both Parties agree to use all reasonable efforts to assist each other to comply with the 1998 Act. For the avoidance of doubt, this includes the Contractor providing the Trust with reasonable assistance in complying with subject access requests served on the Trust under Section 7 of the 1998 Act and the Contractor consulting with the Trust prior to the disclosure by the Contractor of any Personal Data in relation to such requests.

35.6 Freedom of Information Act

35.6.1 The Parties shall from time to time determine and agree the information to be deemed confidential or sensitive. In default of agreement as to whether information should be listed as confidential or sensitive the matter shall be determined by the Trust acting reasonably and having full regard to any guidance or codes of practice issued by the Information Commissioner or the Department for Constitutional Affairs.

35.6.2 Both Parties shall, and shall use all reasonable endeavours to ensure that any person employed or engaged by the relevant Party shall at all times keep the Other Party’s Confidential Information and the Contractor’s Commercially Sensitive Information confidential.

35.6.3 Nothing in Clause 35.6.2 shall be deemed or construed to prevent either Party from disclosing the Other Party’s Confidential Information or the Contractor’s Commercially Sensitive Information to its professional advisors and its insurers or to government departments and other public organisations that are bound by statutory duties of confidentiality.

35.6.4 The provisions of Clause 35.6.2 shall not apply to any information which:

35.6.4.1 is or becomes public knowledge other than by breach of this Clause 35.6;

35.6.4.2 can be shown to be in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party;

35.6.4.3 is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;

35.6.4.4 can be shown to be independently developed without access to the Other Party’s Confidential Information or the Contractor’s Commercially Sensitive Information; or

Page 40 of 151 35.6.4.5 is required to be disclosed by law or by a court of competent jurisdiction or by the Information Commissioner and provided that such Party gives the Other Party as much notice as is practicable of the disclosure or, otherwise notifies the Other Party of the disclosure as soon as practicable.

35.6.5 Where the Trust receives a written request for information which is covered by the FOIA or EIRs and which relates to the Contractor’s Confidential Information or Commercially Sensitive Information (“the Requested Information”) the Parties shall comply with the procedure set out in sub- clauses 35.6.5.1 to 35.6.5.6.

35.6.5.1 Subject to Clause 35.6.5.4, the Trust shall before making any disclosure of the Requested Information and as soon as reasonably practicable after receiving the FOIA request notify the Contractor of the receipt of such request and of the nature and extent of the information covered by the request.

35.6.5.2 Following notification under Clause 35.6.5.1 the Contractor may make representations in writing to the Trust as to whether and on what basis the Requested Information is covered by any exemption in the FOIA or EIRs and should not therefore be disclosed, including where relevant any representations as to the balance of the public interests in disclosure and non-disclosure. Such representations must be provided to the Trust no later than 5 working days following the notification under Clause 35.6.5.1 or within such other timescales as the parties may agree and any representations received after this time shall not be taken into account by the Trust.

35.6.5.3 The Trust shall reasonably consider any representations and recommendations made by the Contractor under sub-clause (b) above before reaching a decision on whether it must and will disclose the Requested Information. However, the Parties acknowledge that in all cases it is for the Trust (having full regard to any guidance or codes of practice issued by the Information Commissioner or the Department for Constitutional Affairs) to determine whether it is obliged to disclose the Requested Information under the FOIA or EIRs including where relevant where the public interest lies in relation to disclosure.

35.6.5.4 Notwithstanding Clause 35.6.5.1 above the Trust shall not notify the Contractor under Clause 35.6.5.1 above where the Trust has already decided that it does not intend to disclose the Requested Information because the FOIA or EIRs do not apply to the request or an exemption under the FOIA or EIRs can be applied

35.6.5.5 If the Trust takes a decision to disclose the Requested Information, it shall notify the Contractor of this decision as soon as reasonably practicable but in any event not less than 48 hours in advance of the disclosure being made.

35.6.5.6 For the avoidance of doubt references to the Requested Information under this Clause 35.6.5 shall include both queries as to whether the Contractor’s Confidential Information and Commercially Sensitive Information exists and requests for the disclosure of the Contractor’s Confidential Information and Commercially Sensitive Information.

Page 41 of 151 35.6.6 Without prejudice to the specific provisions above, the Contractor shall use its best endeavours to co-operate and aid the Trust so as to enable the Trust to meet its obligations under the FOIA or EIRs or any successor legislation. Where the Trust receives a request for information that is held on behalf of the Trust by the Contractor then such co-operation shall include without limitation the provision of the requested information to the Trust within a reasonable time-scale to enable the Trust to comply with its obligations within the timescales required by the FOIA or EIRs.

36. The Human Rights Act 1998

36.1 The Contractor shall, and shall use reasonable endeavours to ensure that its employees or agents and/or sub-contractors shall, at all times, act in a way which is compatible with the Convention rights within the meaning of Section 1 of the Human Rights Act 1998.

36.2 Subject to Clause 19, the Contractor agrees to indemnify and keep indemnified the Trust against all loss, costs, proceedings or damages whatsoever arising out of or in connection with any breach by the Contractor of its obligations under Clause 36.1.

37. Warranty

37.1 The Contractor warrants to the Trust that it has all necessary corporate standing and authorisation to enter into and be bound by the terms of the Contract. At all times in connection with the Contract, the Contractor shall be an independent contractor and nothing in the Contract shall create a relationship of agency or partnership or a joint venture as between the Contractor and the Trust and accordingly the Contractor shall not be authorised to bind the Trust.

38. Relationship of the parties

38.1 The Contractor shall not incur any liabilities on behalf of the Trust ; or, make any representations or give any warranty on behalf of the Trust ; or, enter into any contract or obligation on behalf of the Trust .

39. NOT USED

40. Inducements to Purchase

40.1 The Contractor shall not offer to the Trust or any of its employees or agents or any of its employees or agents as a variation of the Contract, or as an agreement collateral to it, any advantage other than a cash discount against the Contract Price or training of the employees of the Trust in connection with the Services.

41. General

41.1 Save as required by law and/or the requirements of any relevant stock exchange and Clause 31, no publicity shall be made by any of the Parties relating to any matter in connection with the Contract without the prior written consent of the other Party.

Page 42 of 151 41.2 The Contractor shall from time to time upon the request of the Trust, execute any additional documents and do any other acts or things which may reasonably be required to implement the provisions of the Contract.

41.3 Any provision of the Contract which is held to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provisions in any other jurisdiction.

41.4 The Contractor acknowledges and agrees that it has not relied on any representation, warranty or undertaking (whether written or oral) in relation to the subject matter of the Contract and therefore irrevocably and unconditionally waives any rights it may have to claim damages against the Trust for any misrepresentation (whether made carelessly or not) or for breach of any warranty unless the representation relied upon is set out in the Contract or unless such representation was made fraudulently.

41.5 The failure by the Trust, the Contractor to insist upon the strict performance of any provision, term or condition of the Contract or to exercise any right or remedy consequent upon the breach thereof shall not constitute a waiver of any such breach or any subsequent breach of such provision, term or condition.

41.6 Each Party shall bear its own expenses in relation to the preparation, execution and implementation of the Contract including all costs legal fees and other expenses so incurred.

41.7 The Contractor warrants represents and undertakes to the Trust that there are no pending or threatened actions or proceedings before any court or administrative agency which would materially adversely affect the financial condition, business or operations of the Contractor and that there are no material contracts existing to which the Contractor is a party which prevent it from entering into the Contract; and that the Contractor has satisfied itself as to the nature and extent of the risks assumed by it under the Contract and gathered all information necessary to perform its obligations under the Contract and all other obligations assumed by it.

41.8 The rights and remedies provided in the Contract are cumulative and not exclusive of any rights or remedies provided by the general law, or by any other contract or document. In this provision "general law" includes the law of a country other than England, and "right" includes any power, privilege, remedy, or proprietary or security interest.

42. Third Party Rights

42.1 The Parties hereby agree that any person who is not a Party to the Contract shall have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

42.2 All or any of the provisions of the Contract may be rescinded or varied by the Parties in their entirety or in part without the consent of or the need to give any notice to any person not a Party to it.

Page 43 of 151 43. Default

43.1 If the Contractor shall fail to provide to the Contract Standard any part of the Services at the time when the same ought to have been provided under the terms of this Contract then, without prejudice to any other right or remedy which the Trust may possess in respect of such failure, the Trust may:-

43.1.1 require the Contractor to remedy such default within such time, as may be specified by the Authorised Officer by providing or providing again, without further charge, to the Trust such part of the Services to the Contract Standard; and/or

43.1.2 without terminating this Contract in whole or in part, itself provide or procure the provision of such part of the Services until such time as the Contract Manager shall be able to demonstrate to the reasonable satisfaction of the Authorised Officer that the Services or relevant part thereof can be resumed by the Contractor to the Contract Standard and/or

43.1.3 itself, or through a third party supplier, provide or procure the provision of such part (but not the whole) of the Services on a permanent basis but that the Contractor shall continue to provide the remainder of the Services and the provisions of the Contract so far as is varied to reflect such change shall be read and construed accordingly; and/or

43.1.4 if such default continues or recurs persistently, terminate this Contract in accordance with Clause 26.

43.2 In the event that costs incurred by the Trust in the reprovision, in part, of the Services as set out in paragraph 43.1.2 and 43.1.3 exceeds the Contract Price, then the Contractor shall reimburse the Trust with the difference and the Contractors obligation in this behalf shall subsist for such period not exceeding 6 months provided that:-

43.2.1 the Trust shall have the right to set off the amount due to it against amounts which continue to be payable to the Contractor; and

43.2.2 the Trust shall use reasonable endeavours to demonstrate to the Contractor that it is mitigating the Contractor’s liability during the operation of this paragraph 43.2.

44. Race Equality

44.1The Contractor shall not:

44.1.1 discriminate directly or indirectly or by way of victimisation or harassment against any person on racial grounds within the meaning of the Race Relations Act 1976 (as amended) (“the 1976 Act”) contrary to Part II (Discrimination in the Field of Employment) and/or Part III (Discrimination in Other Fields) of the 1976 Act;

44.1.2 contravene Part IV (Other Unlawful Acts) of the 1976 Act.

44.2 The Contractor shall notify the Trust immediately of any investigation of or proceedings against the Contractor under the 1976 Act and shall cooperate fully and

Page 44 of 151 promptly with any requests of the person or body conducting such investigation or proceedings, including allowing access to any documents or data required, attending any meetings and providing any information requested.

44.3 The Contractor shall indemnify the Trust against all costs, claims, charges, demands, liabilities, damages, losses and expenses incurred or suffered by the Trust arising out of or in connection with any investigation conducted or any proceedings brought under the 1976 Act due directly or indirectly to any act or omission by the Contractor, its agents, employees or sub-contractors.

44.4 The Contractor shall impose on any sub-contractor obligations substantially similar to those imposed on the Contractor by this Clause.

45. Entire Agreement

45.1 This Contract (including the documents and instruments referred to in this Agreement) supersedes all prior representations and agreements between the Parties (whether written or oral) relating to the subject matter of this Contract and sets forth the entire agreement and understanding between the Parties.

45.2 Each Party warrants to the other that it has not relied on any representation or agreement (whether written or oral) not expressly set out or referred to in the Contract.

46. Notices

46.1 Any notice to be given under the Contract shall either be delivered personally, sent by facsimile or sent by first class recorded delivery post (airmail if overseas) or electronic mail. The address for service of each Party shall be its registered office or such other address as either Party may previously have notified to the other Party in writing. A notice shall be deemed to have been served:

46.1.1 if personally delivered, at the time of delivery;

46.1.2 if sent by facsimile at the time of transmission;

46.1.3 if posted, at the expiration of 48 hours or (in the case of airmail seven days) after the envelope containing the same was delivered into the custody of the postal authorities; and

46.1.4 if sent by electronic mail, a telephone call is made to the recipient warning the recipient that an electronic mail message has been sent to him (as evidenced by a contemporaneous note of the Party sending the notice) and a hard copy of such notice is also sent by first class recorded delivery post (airmail if overseas) on the same day as that on which the electronic mail is sent.

46.2 In proving such notice it shall be sufficient to prove that personal delivery was made, or that the envelope containing such notice was properly addressed and delivered into the custody of the postal authority as prepaid first class, recorded delivery or airmail letter (as appropriate) or that the facsimile was transmitted on a tested line or that the correct transmission report was received from the facsimile machine sending the notice as the case may be.

47. Force Majeure

Page 45 of 151 47.1 No Party shall be entitled to bring a claim for a breach of obligations under the Contract by the other Party or incur any liability to the other Party for any Loss or damages incurred by that party to the extent that a Force Majeure Event occurs and it is prevented from carrying out obligations by that event of force majeure.

47.2 In the occurrence of a Force Majeure Event, the Affected Party shall notify the other Party as soon as practicable. The notification shall include details of the Force Majeure Event, including evidence of its effect on the obligations of the Affected Party and any action proposed to mitigate its effect.

47.3 As soon as practicable, following such notification, the Parties shall consult with each other in good faith and use all reasonable endeavours to agree appropriate terms to mitigate the effects of the Force Majeure Event and facilitate the continued performance of the Contract.

48. Law

48.1 The Contractor submits to the jurisdiction of the English courts and agrees that the Contract is to be governed and construed according to English law.

49. Waiver

49.1 Any relaxation, forbearance, indulgence or delay (together “indulgence”) of any party in exercising any right shall not be construed as a waiver of the right and shall not affect the ability of that party subsequently to exercise that right or to pursue any remedy, nor shall any indulgence constitute a waiver of any other right (whether against that party or any other person).

Page 46 of 151 SIGNATURE PAGE

Signed ...... ……… Signed (witness)…......

Designation…………………………… Designation…………………………...

(For and on behalf of the Trust ) Date…………………………………..

Signed ...... ……… Signed (witness)…......

Designation…………………………… Designation…………………………..

(For and on behalf of the Contractor) Date………………………………….

Signed ...... ……… Signed (witness)…......

Designation…………………………… Designation………………………….

(For and on behalf of the Guarantor) Date…………………………………

Page 47 of 151 SCHEDULE 1

LOCATIONS AND AUTHORISED OFFICER

Page 48 of 151 LOCATIONS AND AUTHORISED OFFICER

MAIN LOCATION

Whittington Hospital Magdala Avenue London N19 5NF

Islington PCT* Community Healthcare Sites including (but not limited to)

Bingfield Health Centre, Belsize Priory Health Centre, Finsbury Health Centre, Gospel Oak Health Centre, Highbury Grange Health Centre, Holloway Community Health Centre, Hornsey Rise Health Centre, Islington Outlook, Kentish Town Health Centre, River Place Health Centre, St Pancras Hospital.

Haringey PCT* Community Healthcare Sites including (but not limited to)

Edenhall Marie Curie Centre, Hornsey Neighbourhood Health Centre, Lordship Lane Health Centre, The Laurels Healthy Living Centre

Authorised Officers

Mary Jamal (to 30th June 2012) Ceceil Douglas

* Not currently covered under this agreement but may be included at later date.

Page 49 of 151 SCHEDULE 2

NON EMERGENCY PATIENT TRANSPORT SERVICE SPECIFICATION

Page 50 of 151 SPECIFICATION DETAIL for NON-EMERGENCY PATIENT TRANSPORT

5.1 Non-Emergency Patient Transport...... 52 5.2 Booking Management...... 59 5.3 Personnel...... 67 5.4 Vehicles Specification...... 75 5.5 Site Accessibility...... 80 5.6 Medical Screening...... 81 5.7 Infection Control...... 81 5.8 Patient Management...... 82 5.8.1 Patient Journey and Approval Process...... 82 5.8.2 Escorts...... 85 5.8.3 Patient Appliances & Equipment...... 85 5.8.4 Patient Dignity...... 86 5.8.5 Patient Not Ready...... 86 5.8.6 Punctuality...... 87 5.8.7 Journey Length...... 87 5.8.8 Urgent Transfers...... 87 5.8.9 Patient Guide Dogs...... 87 5.9 Levels of Activity...... 87 5.10 Innovation & Added Value...... 87 5.11 Sustainability & Environmental...... 88 5.12 Health & Safety...... 88 5.13 Business Continuity & Disaster Recovery...... 89 5.14 Major Incident...... 89 5.15 Contract Management...... 89 5.16 Key Performance Indicators and Schedule of Service Credits...... 97 5.17 Non Patient Transfers and Non Specialist Transport...... 98 5.18 Site Specific Requirements...... Error! Bookmark not defined.

Page 51 of 151 The Contractor shall provide services in line with the Trust’s Service Specification outlined below:

5.1 Non Emergency Patient Transport Service

5.1.1 Service Overview

The Agreement is for the supply of a fully managed non-emergency patient transportation Services for the Trust, 24 hours per day, 7 days per week, and 365 days per year.

The Agreement covers patients and where authorised, their escorts requiring non- emergency vehicle transport to (an Inward Journey) or from (an Outward Journey) a Trust facility and from and to other hospitals, health centres, nursing homes, hospices, satellite units and any other location as determined by the trust and considered by the Trust to be medically unfit to be transported by other means as assessed using eligibility criteria. The service must include routine admissions, discharges and by approval by the Trust authorised officer, transfers to and or from other hospitals or units outside of the Trust. It also includes elements of non-patient transport.

The Contractor should be aware of the “Choose and Book” initiative and make an estimate, if any, of the likely change this will make to patient journey activity.

The contract must be an all encompassing agreement for non-emergency patient transportation and high dependency transport, bariatric transport, and patients under the mental health act where specified to include all patients, mobility’s, and journeys regardless of distance within England, Wales, Scotland, mainland and islands.

The specification is not exhaustive and will be subject to variation of amendment during the currency of the agreement.

5.1.2 Trust Locations

Trust locations are currently detailed as below. However please note that the list is not exhaustive and maybe subject to change at any time due to the fluid nature of operations within the Trust.

MAIN LOCATION

Whittington Hospital Magdala Avenue London N19 5NF

Islington PCT* Community Healthcare Sites including (but not limited to)

Bingfield Health Centre, Belsize Priory Health Centre, Finsbury Health Centre, Gospel Oak Health Centre, Highbury Grange Health Centre, Holloway Community Health Centre, Hornsey Rise Health Centre, Islington Outlook, Kentish Town Health Centre, River Place Health Centre, St Pancras Hospital.

Page 52 of 151 Haringey PCT* Community Healthcare Sites including (but not limited to)

Edenhall Marie Curie Centre, Hornsey Neighbourhood Health Centre, Lordship Lane Health Centre, The Laurels Healthy Living Centre

The nature of activities conducted at the Trust are 24hours a day 7 days a week including weekends. As an indication the core hours are 07.00 hrs to 20.00 hrs. There are several peaks in activity that occur during this period and these vary, please refer to separate Section 5.9 Levels of Activity. Some activity will take place outside of these hours and will be included in the contract; any variation to the above will be detailed below.

The nature of activities conducted at the Trust are 24hours a day 7 days a week including weekends. As an indication the core hours are 07.00 hrs to 20.00 hrs. There are several peaks in activity that occur during this period and these vary, please refer to separate Section 5.9 Levels of Activity. Some activity will take place outside of these hours and will be included in the contract; any variation to the above will be detailed below.

5.1.3 Policy Rules and Procedures

The Contractor shall ensure full contract compliance with the following procedures:- . Security of premises and equipment, reporting of losses, key holding

. Waste disposal policy

. Control of infection

. Health and Safety, Accidents at work including no smoking and first aid

. Fire procedures

. Major incident procedures

. Bomb alert procedures

. Car parking

. Statutory legislation

. Hepatitis Advisory Group – guide lines for the care of patients with hepatitis B, virus infection, November 1989

. UK Health Department – AIDS- HIV infected health care workers, December 1991

. Policy for handling media enquiries

. Supply and storage of gas cylinders

. Child protection policy

. Holding of personal goods in vehicles

. Safe Guarding Vulnerable adults

. Information governance

. Other freely available policies considered pertinent

Page 53 of 151 The Contractor shall ensure full contract compliance with any localised trust policies, rules, procedures or standards, where they are different to the above and for the sites where they are to be applied. This list is not exhaustive. The Trust will throughout the Contract Period ensure that any changes in such documents made from time to time are brought to the attention of The Contractor

5.1.4 Insurances

The Contractor must ensure for the duration of the contract that they, and any sub- contractors maintain the following insurance cover for:

Public Liability: £5,000,000 Employers Liability: £10,000,000 Medical Malpractice: £5,000,000

5.1.5 Private Operators

Private operators (ie non-NHS ambulance services) engaged directly or in directly by The Contractor must be required to comply with the recommendations contained within the document “Code of Practice for Ambulance Operators”, provided by the Department of Health ambulance policy advisory group and must have met the Care Quality Commission standards.

5.1.6 Existing Contracts

The Contractor needs to be aware that the Trust may have existing non-emergency patient transport contracts that currently have durations up to, including or beyond the planned extent of this contract.

Individual Trusts may have a requirement to novate existing contract arrangements; as such these will be detailed to the winning bidder.

Individual Trusts may have a requirement to manage or monitor existing contract arrangements as stated above.

Page 54 of 151 5.1.7 On Site Facilities Accommodations

The Contractor shall have the opportunity to utilise their own locally based premises and/or make use of space allocated within the Trusts own premises. In either respect the expectation within this contract will be for a senior management site presence.

It will be the Contractor’s responsibility to provide a resilient communications link between their own control rooms and the Trust sites as part of their innovative solution. Trust staff should not have to contact any control area, other than the one dedicated to the trust, in order to place transport requests, or provide notification of patient readiness in normal working hours.

Each site will have limited but adequate location of management and operational staff together with the usual standard of facilities for refreshments and comfort breaks.

Each site has limited parking facilities for operational vehicles only. There will be no parking provision for onsite staff and contract management. All Trusts have suitable transport links and the expectation is that the contractor shall use this to convey staff not moving patients between sites or to and from work.

5.1.8 Required Site Presence

The Contractor must provide a site presence at the Trust main site to meet its contractual obligations.

The site presence must be maintained during the times of provision of the core service and until the last patient has left the Trust’s building. At all other times there must be an arrangement in force which allows the trust to contact the contractor in order to make, change or cancel bookings, or to discuss other problems relating to the provision of the service.

The Contractors site presence must be accessible via the Trusts internal telephone system to allow any queries etc to be resolved promptly.

The Contractor must supply their own chosen telecommunications and computer equipment, which must include a facsimile machine. All electrical equipment owned or subsequently purchased by the contractor must be regularly checked by the trust for electrical safety, or before its being used for the first time. Allowance should be made for innovative solutions which may include links to The Trusts own computer systems as part of a fully integrated electronic booking management system.

The Contractor must consult with the trust before the introduction of any information technology equipment, which may be contemplated, to ensure that systems are compatible and as efficient as may be possible.

5.1.9 Day to Day Contact

The Contractor’s own contract manager must be accessible by mobile telephone and pager during core hours. There must always be adequate arrangements made for an alternative person, with authority, to be able to be contacted when the contract manager is not available.

Page 55 of 151 Emergency contact arrangements must be in force outside normal working hours.

5.1.10 Introductions of New Working Processes

The Contractor will be responsible for both introduction and management of change to new working practices that they deem necessary to transfer to any innovative solutions they propose. Any such changes must be with individual Trust consent and remain compliant with the relevant sections of this specification detailed elsewhere. Including but not limited to: . ICT systems

. Operational interfaces

. Operational locations

. Operational methodologies

. Information governance training

5.1.11 Invoices & Billing

The expectation for The Contractor to propose creative solutions that provide full transparency and ease of accounting for the entire purchase to pay process. The expectation extends to include but is not limited to the following:

. Consolidated accounting across all participating Trusts

. Consolidated billing at divisional level

. Full accountability to trust department and cost code level

5.1.12 Reporting

The Contractor must propose creative solutions that provide full management reports. The expectation extends to include but is not limited to the following:  Consolidated reporting to agreed metrics and KPI’s regarding activity and cost across all participating Trusts

 Consolidated reporting to agreed metrics and KPI’s regarding activity and cost at trust level

 Detailed reporting to trust, department and cost code level

 Detailed reporting of PCT journey breakdown for recharging purposes

5.1.13 Major Failure

Major failure will be deemed to have occurred when… . Death of a person wholly attributed to contractor action,

Page 56 of 151 . Material contract breaches not remedied with 30 days or

repeated more than 3 times (measured through KPI’s)

Not withstanding remedies detailed within NHS standard terms and conditions. The Trust reserves the right to novate.

5.2 Booking Management

5.2.1 Electronic Booking Management System

The Trust requires an electronic booking management system to manage the day to day and planned transport operations which is compatible with the Trust in-house systems. The booking system will have the capability for but not limited to: . A location accessible to the Trust

. Receipt and acknowledgement of bookings in real time

. Appropriate Eligibility and Assessment

. Prompt acceptance of telephone bookings with empowerment to manage the end to end process

. Real time journey route planning, scheduling, cancellations and tracking

. Costing

. Reporting

The Trust has an expectation for the contractor to operate the seamless electronic booking management systems such that both the contractor and the Trust have visibility to, can communicate with and if necessary discuss and make real time changes based on sound information about the real time vehicle location and estimated time of arrival.

The Contractor will be expected to provide and maintain a computerised booking system, including all hardware and/or software necessary at no additional cost to the Trust.

The Contractor must have a suitable backup computer system in case of planned or unplanned downtime. Detailed information regarding the backup system in place should be provided. All information should be held in real time and, be backed up to ensure that no data is lost.

The Trust will be allowed access to The Contractor’s computer system at any time to review its own data and to operate a full open book policy.

The Contractor will be required to provide initial and refresher training to the trust employees on the electronic booking management system and provide robust ongoing onsite support during the changeover period at the contractors own expense.

The Contractor must ensure that their computer system has the functionality and capacity to support this requirement for the duration of the contract.

The contractor will agree to and comply with the Trust information sharing protocol and ensure data is kept securely and confidentially at all times

Page 57 of 151 5.2.2 Bookings

The Trust has an expectation for the contactor to utilise best in its experience of ‘best in class’ and creative measures to achieve service excellence within their sector with respect to but not limited to the following:

. Patient experience

. Vehicle utilisation

. Route planning efficiencies

. Carbon impact reduction

There will be instances where the medical condition of a patient precludes certain practices such as pooling several patients from one geographic area. There will also be the need to observe patients’ freedom of choice. The Trust cannot guarantee to zone appointment times according to place of residence and destination, our expectation for The Contractor to propose the most favourable outcome for each patient based on optimum booking processes and measures being deployed.

The contractor will, for expediency or route planning service, transport more than one patient in vehicle for part or the entire journey; except where specified that this will not be the case. Under these circumstances the contractor shall observe best practice set out immediately below or elsewhere in this document.

. Appropriately sized vehicle

. Infection control

. Patient comfort

. Patient journey times stated elsewhere shall apply

The Trust requires that bookings for hospital transport are made via an electronic booking management system at all times accessed via individual user name and secure password. However there are exceptions and it is required that the contractor maintains an on site presence to assist with bookings and maintain an off site support centre to assist with technical queries such as password and username support.

The booking process will begin when authorised Trust staff receive a request for hospital transport at which point it is entered on to the central booking system by any of the means detailed as below. The Trust will understand that any booking for hospital transport will have been accepted and authorised by The Contractor and will not be rejected.

The Contractor will be expected to accept bookings electronically alternatively by email telephone or fax and plan all requested journeys for the various categories of patient to ensure that the most efficient and flexible approach to service can be provided.

The Contractor will provide the ability for Trust departments to input their own bookings utilising a computerised eligibility criteria or Trust authorisation procedure. However the contractor will refuse all transport requests that do not meet the agreed authorisation process.

The Contractor will provide a liaison officer responsible for answering all queries regarding bookings, the scheduling of work and co-ordinating effective transportation arrangements, including but not limited to:

Page 58 of 151 . Ensuring patients are updated with the expected time of arrival of their transport.

. Ensuring the clinic is advised of patient expected time of arrival or any change that may effect their appointment.

. Ensuring that designated Trust staff, such as portering, is available on the patient’s arrival.

. Ensuring return transport is available and timely e.g. day patients or discharge patients.

The requests will be input directly onto the Contractor’s computer system, up to 17:00 hours on the day prior to travel. The Contractor will not accept external telephone bookings unless supported by fax or email.

Bookings, which are made after 17:00 hours, or on the day the journey is required, will be classed as late bookings any prioritisation thought necessary by the Trust will be communicated to the Contractor by the Trust authorised personnel. Late bookings will be managed in real time by the electronic booking management system to maximise effective use of resource and provide the best possible service to the patient. In any event the standard processes described in section 5.7 apply.

The Contractor’s booking system must generate clear instructions to the drivers/attendants regarding patients’ travelling needs.

The booking system must be capable of recording and recalling both a patient’s surname, forename and hospital number (MRN number) to avoid confusion and unnecessary delays when identifying the correct patient.

The booking system must also facilitate the need to place repeat booking requests for those patients who attend regular clinics as per trust policy on repeat bookings managed by eligibility criteria.

The booking system must be capable of identifying duplicated requests; alerting the contractor for action on approval by the authorised trust personnel.

The booking system must also identify any patient who regularly refuses to travel, and has not cancelled their booked transport; alerting the contractor to take the appropriate action stipulated by the authorised Trust personnel.

In addition the booking system must also identify any department that regularly fails to cancel their booked transport after having been advised of any changes to the booked service that would have result in the journey aborted or cancelled.

All bookings will be confirmed to the Trust after appropriate arrangements have been made, and the Contractor must have a means of generating, recording and using a booking reference number system to streamline the amount of information exchanged.

The Contractor will not undertake any requests for transportation which have been made directly, unless specific requests to do so have been made by the Authorised Officer; the standard method of booking will be an electronic booking management system to be implemented by the Contractor. The Contractor will advise that all requests will be made to the central booking point. Any journeys inadvertently undertaken by the Contractor without the Trust authorisation will not form part of those journeys chargeable to the Trust.

Page 59 of 151 The Trust Eligibility Criteria will apply to all bookings and The Contractor will monitor that this is applied rigorously. The Trust will change the criteria from time to time and will give the Contractor a minimum of ten days notice when making changes. The final decision over eligibility is the Trusts.

Some users will not need the facility to input the bookings themselves and will simply phone or fax the requirements through to The Contractor, but this will be the exception rather than the norm.

All changes to bookings must be confirmed in writing or on the agreed electronic booking system before being made and cannot be changed without the Trusts consent.

The Contractor’s system must have the capability to accept dynamic changes that may occur in transit as a result of external factors such as but not limited to weather conditions, road closures, delays to sequence caused by patient unavailability.

Page 60 of 151 5.2.3 Cancellations

The Trust has an expectation for the Contractor to take every possible action to minimise cancellations. These actions should utilise best capabilities, dynamic route planning, time planning and other such measures to ensure Trust requirements are met. At the very least this will mean that patients, clinics and Trust authorised personnel are kept informed using good communications of any changes that are made to booked journeys. Actions taken by the contractor should in real-time address situations which may occur due but not limited to:

. Road closures or traffic problems

. Adverse weather conditions

. Patients cancellation or unavailability

. Vehicle issues

The Contractor will not charge for any booked journeys cancelled prior to the vehicle being dispatched. In the case of multiple patient pick up despatch means vehicle has departed from the previous patient location.

In order to minimise the cost and inconvenience of cancellations the Contractor will confirm to all patients, pick-up times, supplying an approximate 30 minute pick up window by telephone a minimum of 1 day prior to travel (exception is dialysis patients who travel regularly). If telephone is not possible the call attempts should be logged and the patient journey to proceed as planned. Cancellations as a result of this check will be communicated to the trust but will not be chargeable as the vehicle has not been dispatched.

The Trust will inform The Contractor of journeys requiring cancellation as soon as possible and these will be supported in writing.

Apart from adverse weather conditions and those listed above the Contractor will not be expected to cancel patient journeys. When the Contractor cancels prior to the patient’s appointment the Trust reserves the right to make alternative arrangements and to charge the Contractor any additional costs so incurred.

5.2.4 Abortive Journeys

Abortive journeys are incurred when patients are called for, but do not travel for some reason. The Contractor’s staff should note abortive journeys on the log sheet and advise the Head of Department concerned of the reason. The Contractor will be expected to provide full details of all abortive journeys on a daily basis, and electronically, to enable the Authorised Officer to identify patterns or areas where the same patient(s) consistently refuse to use travel on booked transport.

The Trust has an expectation for the Contractor to take every possible action to minimise aborted journeys. These actions should utilise best capabilities, dynamic route planning, time planning and other such measures to ensure Trust requirements are met. At the very least this will mean that patients, clinics and Trust authorised personnel are kept informed using good communications of any changes that are made to booked journeys. Actions taken by the contractor should in real-time address situations which may occur due but

Page 61 of 151 not limited to patient instruction, ie patient not ready, does not wish to travel or does not respond to call.

The Contractor’s staff arrive to collect a patient but the patient is not at home (and all reasonable attempts to check the patient is not available have been conducted) or otherwise available, even though a valid appointment still exists as far as the Trust and Contractor are concerned. The Contractor’s staff must contact the booking desk, when this occurs. A formal note on carbon copy paper must be posted at the patient’s premises and a copy retained for The Contractor and Trust records. In the case of Renal patients, the Renal Unit must be informed immediately in case the patient is in urgent need of dialysis and has collapsed at the house

The Contractor will inform the Trust of aborted journeys as soon as possible and these will be supported in writing.

If The Contractor’s staff arrives to collect the patient, but the patient feels they are not fit to travel the contractor will abort the journey and contact the appropriate unit/clinic/department immediately. The scheduled return journey will be immediately cancelled and is not chargeable.

5.2.5 Weather Conditions

Occasionally inclement weather conditions will make a full service impracticable, and The Contractor will agree with the Authorised Officer or designated member of staff which patients will be moved. The Contractor will not cancel patients without prior discussion with the Authorised Officer.

The Contractor must be aware that the Trust’s over-riding concern during inclement weather conditions will be that the patient, the Contractor’s staff and their vehicles can be transported in complete safety. This will include the journey on foot, in and out of vehicles, and at pick-up and drop-off points.

Where necessary all vehicles should be equipped with suitable provision for reasonable patient comfort, this will include the journey, in and out of vehicles, and at pick-up and drop-off points.

5.2.6 Volunteer Car Service

The Contractor may make use of a volunteer car service to supplement their staff and vehicle fleet, subject to the following conditions –

That there is a documented and auditable application and vetting procedure to advanced level CRB in use for selecting voluntary drivers as would be applied to employed drivers.

That volunteer drivers are subjected to a thorough driving assessment and have a clean, valid driving licence, which is inspected at least 6 monthly.

That such drivers uphold the same standards of courtesy and helpfulness expected of the contractor’s directly employed staff.

That relevant training is delivered to volunteer drivers, particularly in areas of safe lifting and handling skills, customer service and first aid.

That the vehicles driven are not older than 5 years roadworthy, clean, correctly insured and large enough to accommodate up to three patients and their property (which may

Page 62 of 151 occasionally include a folding wheelchair). The vehicles should be regularly inspected, but at no less than at 3 monthly intervals, without prior notice being given.

That drivers carry details of the contractor’s complaints procedure.

That all actions of the driver are covered under the risk, which the successful contractor accepts, when awarded the contract.

That the drivers keep accurate records of the journeys they undertake on behalf of the contractor, and that these records are in a form, which can be, incorporated on time into the activity data, which the contractor will regularly provide to the trust.

That all volunteer drivers remain in constant safe and compliant communication with the contractor’s control room.

5.2.7 Patients Late Arrival

The Contractor must take every possible action to minimise patient late arrival. These actions should utilise best capabilities, dynamic route planning, time planning and other such measures to ensure Trust requirements are met. At the very least this will mean that patients, clinics and Trust authorised personnel are kept informed using good advanced communications of any changes that impact on the patients estimated time of arrival. Actions taken by The Contractor should in real-time address situations which may occur due but not limited to: . Road closures or traffic problems

. Adverse weather conditions

. Patient’s late availability

. Vehicle issues

What constitutes a late arrival is determined by the trust and is detailed in KPI Section. However 10 minutes should be added to each arrival time as part of the reporting as time will need to be allowed for the patient to get to the clinic.

5.2.8 Wheelchairs & Wheelchair Users

Where patients have wheelchairs with special seating or controls (including electric wheelchairs), and they are unable to travel by any other means, they will be transported in or with their wheelchair for reasons of comfort and mobility. Vehicles must comply with Construction and Use Regulations 1986 and MDA DB2001 (03), “Guidance on the Safe Transportation of Wheelchairs”, (June 2001).

If the wheelchair user is able to transfer to the vehicle seat their chair must be stored securely along with any accessories. For users who are unable to transfer out of their chair, the vehicle must have suitable access, i.e. ramps and appropriate door size.

Should a wheelchair be involved in a vehicle impact the Designated Officer should be informed and the chair and WTORS should not be used again until it has been checked by the manufacturer or his approved repair agent. If there is any doubt the Contractor should contact the MHRA Adverse Incident Centre on 020 7972 8080 for advice. Wheelchair related incidents come under the auspices of the Medicines and Healthcare products Regulatory Agency (MHRA) and the Department for Transport (DfT).

Page 63 of 151 Incidents where wheelchair users or their carers have been injured or killed while travelling should be reported to the MHRA and also to DfT for Public Service Vehicles. Incidents should also be reported where no actual injury has occurred, but where someone may be injured should the situation reoccur. Lack of appropriate usage information or labelling faults with the equipment that are safety related should also be reported.

Guidance on what should be reported and how to report it is available from MHRA via its web page www.mhra.gov.uk or by contacting the MHRA Adverse Incident Centre on 020 7972 8080.

The Contractor must comply with all applicable requirements of the Disability Discrimination Act 1995 latest edition. The contractor must subsequently be able to demonstrate that he has conformed with such legislation changes as they take place.

The Trust will normally exercise prudence when booking patients to travel in own wheelchairs and confirmation of the patient’s clinical condition will normally be sought from the Hospital Consultant or Registrar. Where The Contractor transports a patient in their own wheelchair and it has not been pre-booked, The Contractor should make it clear that this does not set a precedent for future journeys. In case of doubt, the advice of the treating Clinician should be sought.

The contractor will maintain a supply of folding wheelchairs for use with the fleet to assist patients who require a wheelchair but do not have their own

5.2.9 Pickup Set Down Points

The Contractor’s staff must collect patients from the designated pick-up point (will be given at the time of booking), and deliver them home or to their designated set-down point as identified by the Trust. This may include access to the home and, in the case of certain patients, conveyance to or from an upstairs room. The Contractor’s staff must, at all times, leave patients in a safe environment; this will particularly apply at times of the day when the patient may be at their most venerable ie late night, early morning or in case of inclement weather.

No patient should be returned to a public place i.e. a street market or shopping centre. Patients requesting this should be informed that this is not Trust policy and their names given to the Authorised Officer, (this also applies to absconding patients) who will pursue with the appropriate clinician to consider whether the patient requires patient transport services in the future.

On arrival at the hospital The Contractor’s staff should take patients from the vehicle to the clinic they are attending or to the required destination or designated Trust staff member as stipulated on the passenger booking form. Adequate time should be allowed when planning journeys to ensure the patient arrives at the clinic on time.

The Contractor’s staff must inform the Trust’s staff when patients are brought in, and when they are collected.

Many patients are elderly, and/or have restricted vision and/or mobility. Adequate time must be given for them to answer the door. On their return, the Contractor’s staff are to ensure that access to the home is made.

The Contractor’s staff should ensure that the patient’s home is left secure, and on arriving home patients should be left in a comfortable condition in a secure and safe environment.

Page 64 of 151 At no time should patients be unaccompanied, and every assistance should be given to them at all times.

5.2.10 Confirmations

The Trust has an expectation for the Contractors electronic management booking system to provide full transparency of each stage of the booking process. Once entered all bookings should be confirmed to the trust and to the booking originator. The contractor should utilise best capabilities, dynamic route planning, time planning and other such measures to ensure Trust requirements are met.

The confirmation should include details of the patient to be picked up, the planned journey start and finish times.

The confirmation to the trust should include all of the above and include details of the proposed charges.

5.3 Personnel

5.3.1 Employment

Requirement The Contractor will comply with all national employment practices and shall ensure that every person employed by the Contractor in and about the provision of the service, is at all times, employed under a current contract of employment. The Contractor will ensure that all staff understand the need for, and maintain the highest standards of personal hygiene and tidiness whilst in and about the provision of these Services. At no time is the Contractor to allow any of the Contractor’s Staff that may be in any way be under the influence of alcohol or illegal substances to transport the patients of the Trust, or drive any vehicle in and about the provision of the Services. Personnel working on this contract should, where practical be allocated on a permanent basis for the duration of the contract to ensure continuity of service. The Authorised Officer should be informed, in advance of any changes in personnel. The health and safety at work act 1974, COSHH 1994, and EU directives shall be complied with at all times and it shall be the contractor’s duty to ensure that his employees are made aware of, trained in and comply with, hazard and safety precautions. All equipment used shall be maintained in good working order and conform to British safety standards. All staff must advise passengers of their obligation under law to wear seat belts. Staff must assist patients where necessary in the proper application of the seat belt. Staff must be appropriately attired at all times whilst performing duties under the contract Flat-soled shoes must be worn. Trainers are not considered suitable. From time to time, the Trust will have a requirement for patients to receive leaflets/ questionnaires. Contractor’s staff will agree to assist in this and where necessary carry and distribute such leaflets. Drivers are not permitted to carry their friends/ relatives or fare paying passengers together with patients.

Page 65 of 151 Requirement The contractor will put in place a procedure for identifying lost property, storing it and returning it to the trust. Exact details will be agreed with the trust prior to contract commencement. Personnel must be trained to assist walking case patients to and from vehicles, offering assistance to enter and exit of vehicle. Training should also be given to the Contractors staff in the movement of patients who may be linked to such equipment as drips, spinal boards, scoop stretchers etc. Personnel will help patients to put on outer garments, particularly during cold weather, and they will ensure that patient dignity is maintained at all times. Patients must be offered and receive any help required, regardless of their mobility or classification, prior to, during and immediately following their journey(s). This will apply to the contractor’s own personnel and any who may be employed by him under sub-contract arrangements. The contractor will ensure that, when a two-person (that is driver and attendant) crew is requested to convey any patient, however they may travel, that the attendant remains seated in the rear of the vehicle, travelling with the patient(s), for the whole of the duration of the journey. Where this is found not to have been done, the contractor will be asked to discipline the member of staff, or if the practice is found to continue, to remove the offending member(s) of staff from the contract. At regular intervals, or at least each 15 minutes, the Contractors staff should enquire whether the patient(s) are comfortable and attend accordingly. Personnel will check that patients have their appointment card or doctors letter with them, and that this is double-checked before the commencement of the journey. However, patients who have mislaid their appointment card should not be refused transportation, although this should not delay the journey. Personnel will ensure that the patients are carrying any medication required. Again if this is mislaid they should not be refused transportation and this should not unduly delay the journey. Personnel should ensure that, where appropriate, household appliances have been switched off, the premises are locked and the patients have their keys before commencement of their journey. Personnel must ensure patients are not left unattended whilst negotiating steps or stairs when entering or alighting the vehicle. Personnel should inform the relevant department of the hospital if the patient becomes unwell during the journey. If any patient is found in a life-threatening situation or deprived conditions or there is any reason to believe any patient is in this situation, the emergency ambulance service must be contacted immediately if appropriate using the 999 telephone system and the controller must also be advised who will in turn inform the Trust booking office or the patients renal destination out of hours. The contractor’s staff should be familiar with the geographical area covered by this specification. To support this, all vehicles must be equipped with GPS satellite navigation and vehicle tracking systems and be fully trained in their use. Staff shall be trained in fire evacuation and attend regular (at least once yearly) trust fire lectures, which may be provided by trust officers but at no charge to the trust. In the event of a fire occurring on a trust site, the contractor’s personnel shall follow the direction of the person in charge of the fire incident and will stand down (resume normal working), when advised to do so by the person in charge of the fire scene, or the fire brigade. Staff shall attend the Trust mandatory update training programme (at least once yearly or an agreed frequency with the trust concerned) which may be provided by Trust officers, Contractors staff attendance will be at no

Page 66 of 151 Requirement charge to the Trust. Staff should be aware of the need to observe the highest standard of personal hygiene, courtesy, demeanour, personal cleanliness and consideration to staff, patients and visitors. They should also be trained to be aware of the need for understanding the response and attitudes appropriate for staff working amongst patients. In respect of all persons employed or seeking to be employed by the contractor, whether in or about the provision of the service, or otherwise, the contractor shall comply with each and every one in the provision of law which prohibits discrimination in relation to employment on the grounds of age, sex, colour, race, ethnic or national origin or religion. The contractor shall not within the contract employ, without prior written approval of the trust, any such person who disclosed any conviction or is found to have a conviction through the criminal records bureau (CRB) enhanced check. In addition, the contractor shall ensure that the requirements of the home office circular 47(93) (protection of children – disclosure of criminal background of those with access to children) are complied with for all personnel who come into contact with patients. The Contractor shall (save where it would be a criminal offence or otherwise unlawful so to do) in conducting the recruitment for any post which may come to be filled by a new appointee: . question any such person concerning their previous convictions and/or cautions, pending prosecutions, convictions, cautions and binding over orders (including any spent convictions as contemplated by Section 1(1) of the Rehabilitation of Offenders Act 1974 by virtue of the exemptions specified in Part II of Schedule 1 of the Rehabilitation of Offenders Act (Exemptions) Order 1975 (SI 1975/1023) or any replacement or amendment to that Order) (“Convictions”); and

. require all applicants for employment in such a post to complete an application form in which they are required to disclose all such Convictions and to consent to such details being made available to the Authority; and

. in the case of any such applicant who may reasonably be expected in the course of their employment to have substantial access to children are required to complete a police check form; and

. in the event that such applicant who discloses any Convictions or who is found to have any Convictions following completion of a police check or who declines or refuses to complete the application form referred to in Clause 29.11.2 above, the Contractor shall not employ such applicant.

The Contractor shall at all times keep the Authority informed of any employee of the Contractor performing any of the Services who subsequent to his or her commencement of employment with the Contractor receives a Conviction or in respect of whom any previous Convictions become known to the Contractor and if the Authority, acting reasonably, considers that the Conviction has a material bearing upon the suitability of the individual concerned to be engaged in the provision of the Services, such person shall only continue to have access to the persons receiving health services and/or have substantial access to children with the Authority’s prior written consent. The Contractor shall indemnify and keep indemnified the Authority against any Loss arising out of any claim by any person in respect of whom the

Page 67 of 151 Requirement Authority denies consent to continue to provide Services as a result of such person disclosing or receiving a Conviction. The Contractor shall procure that all persons appointed by the Contractor to provide any of the Services shall undergo pre-employment health screening to establish in each case whether such person is medically fit for his or her proposed tasks in the provision of any of the Services, such medical screening to be undertaken at the Contractor’s cost. Records of all pre-employment health screenings shall be held by the Contractor and produced for inspection upon request by the Authority and the Contractor shall procure that the individual member of staff concerned has given his or her written consent to such inspection. The Contractor shall ensure that all persons appointed to provide any of the Services are medically fit for his or her proposed tasks in the provision of the Services and the Contractor shall indemnify and keep indemnified the Authority against any Loss arising out of a claim or proceedings by any such person. The contractor will comply with the requirements of the independent low pay commission with regard to the payment of the statutory minimum wage. The contractor shall ensure that staff carry out their duties and behave in an appropriate manner whilst on the trust’s premises in an orderly and in as quiet a manner as may reasonably be practicable, having regard to the nature of the duties being performed by them. They should not cause unreasonable or unnecessary disruption to the routine and procedures of the trust’s staff The contractor shall provide such uniforms and protective clothing (including protective gloves, where necessary), as agreed with the trust’s authorised officer. The contractor shall require his staff at all times whilst on trust premises or undertaking work for the trust to be properly and presentably dressed, in appropriate uniforms or workwear, including footwear. The contractor shall prohibit his staff from smoking on trust premises or grounds. The contractor shall also prohibit his staff from smoking in or around the home of patients and in the presence of patients and there will be no smoking in or around the vehicle. The contractor’s staff are prohibited from being under the influence of or from drinking alcohol or misusing drugs whilst performing duties on the contract. The contractor shall provide and shall require his staff to display at all times when undertaking work for the trust, identification name badges in such form as may be agreed with or, in default of agreement, specified by the authorised officer. In the event that the trust’s policies or procedures require any specialised protective clothing to be worn, the contractor shall ensure that such clothing is provided, is in date and legal/suitable for the task and is worn by his staff at all times when working on or about the trust’s business. The contractor shall be expected to pay his staff by cheque or credit transfer and will not bring cash onto any of the trust’s premises. The contractor must ensure that sufficient staff are available to cover higher than usual numbers of sickness or other absence. If the Trust authorised officer considers that staffing levels are insufficient, or that quality standards will not be met, he/she may arrange for the service to be enhanced by an outside contractor, and a financial deduction equal to the cost of the service, plus 10% (to cover administration costs), will apply. The contractor will be formally advised that this course of action is to be taken, and unless the service is increased to meet the level of patients planned to travel, that the cost of such a provision will be deducted from their monthly invoice. The trust reserves the right to request the contractor to move any member

Page 68 of 151 Requirement of his staff to another contract or other duties; this will not be requested unreasonably. The Contractor must immediately inform the Authorised Officer of any actual or impending industrial action, whether this is the Contractor’s own staff or another group of staff that have the potential or ability to affect the Contractor’s service provision. During industrial action the Contractor will be responsible for maintaining services to the Contract standard, at no additional cost to the Trust. The Contractors must submit full details of contingency plans for industrial action.

In the event that the Contractor cannot maintain services to the Contract Standard, the Contractor will allow the Trust and its staff to have access to, and unrestricted use of, all equipment and materials which the Contractor may own, and which are deemed by the Trust to be necessary for maintaining a hospital transport service during the period of industrial action, without any additional charge to the Trust.

In the event of any industrial disputes within the Trust, the Contractor will be expected to cooperate with the Authorised Officer to ensure the continued provision of an acceptable service.

5.3.2 Transfer of Undertakings Protection of Employment (TUPE)

NOT USED

5.3.3 Training

All contract personnel must be appropriately trained and will comply with current legislation with respect to the road traffic act and any other laws applying to the operation of this service. All staff engaged in a driving capacity should hold a full driving licence with no more than six penalty points and, if required a PCV driving licence. Evidence of an annual check of driving licences will be produced to the trust’s authorised officer on request. Drivers will be subject to a thorough annual driving assessment and evidence of the assessment will be provided to the authorised officer.

The successful Contractor will be required to organise training sessions in conjunction with the Authorised Officer, on Trust premises, and without charge, for all grades of staff involved with the Contract. This will also include occasions when new members of Trust staff are appointed.

All Staff involved in the transportation of patients must be trained in and comply with the Trust policies on; . Driving Proficiency

. Basic First Aid

. Life support training

. Infection Control Procedures

. Patient Dignity, Care and Safety

. Customer Care & Communications Skills

Page 69 of 151 . Lifting and manual handling

. COSHH

. Equality and Diversity

. Health and Safety

. Violence and Aggression

. Conflict Resolution

. Handling and moving visually impaired clients

. Essential communications

. Safeguarding children level 1

. Safeguarding adults level 1

. Or any other training as deemed necessary to carry out duties on behalf of the Trust

The Contractor shall employ a sufficient number of competent staff to ensure that the service is provided, at all times and in all respects, to the contract standard. Such staff to be properly and sufficiently trained and instructed with regard to; . The tasks that the person has to perform.

. All relevant provisions of this agreement.

. All relevant rules, procedures and standards operated by the Trust.

. All relevant rules and procedures concerning Health & Safety at work.

. Fire risks and fire precautions.

. The need for those working in a Health Service environment to observe the highest standard of hygiene, courtesy and consideration.

. An understanding of the appropriate responses and attitudes required when working with people who are ill.

All personnel employed or utilised on the contract are to be trained in First Aid and lifting and handling techniques as a minimum. Where required, drivers will have PSV licences.

Personnel should be trained in kinetic lifting so that patients requiring lifting from wheelchair or armchair to carrying chair or vehicle seat, and vice versa, can be achieved without risk or injury to personnel or patients. This training should also include the handling of patients on stretchers and lifting them on and off stretchers and bariatric patient assistance. This training must conform to EC Regulations, which are incorporated into British Health & Safety Requirements.

Personnel handling one-man car and sitting case patients should be trained to assist patients to and from vehicles, including assistance on entry and exit of vehicles, their homes and the relevant hospital department. These personnel should be prepared to participate in brief patient familiarisation sessions within any of the departments specified.

Page 70 of 151 All training will be recorded by the contractor as formal training records and these records will be available to the Trust at any time upon request. Any member of staff who is found to have insufficient training for their role or who has not been given refresher training or been through formal assessment will not be allowed to continue their duties until such time as the training has been successfully completed.

5.3.4 Confidentiality, Information Governance & Data Protection

Staff employed on this contract shall not disclose any patient confidential Information to unauthorised members of staff, or any other person not entitled to the information. If this should occur then the employee must be removed from work on the contract immediately and formally disciplined.

The contractor will be required to enter into an information sharing protocol with each Trust

The contractor will be required to set up and maintain NHS.net email accounts to allow appropriate contract staff and managers to share patient information in regards to 5.2.6.2

Page 71 of 151 5.3.5 Local Personnel Facilities

The contractor shall ensure that the contractor’s staff uses designated dining and lavatory facilities only during the course of their duty while employed in and about the provision of the service. The contractor shall also ensure that his staff use any facility for the purpose intended. The permission hereby given to use the said facilities is personal to the contractor and the contractor’s employees and shall cease immediately this agreement ceases to be in force. Only the contractor’s own staff may enter or use any part of the trust’s premises without the prior written permission of the authorised officer.

The contractor should contact the authorised officers of each of the Trusts to ascertain which facilities are designated for contractor’s staff use and whether any special conditions apply beyond those specified herein.

For the avoidance of doubt, it is hereby declared that the permission to enter and use the trust’s premises hereby given is not the grant of a tenancy of any part of such premises and shall cease immediately this agreement ceased to be in force.

5.3.6 Supervision

The contractor shall provide a management presence at all normal working times (in addition to this there must be management support on an on call or head office basis available at all times), to ensure that the contractor’s staff engaged in or about the provision of the service are adequately managed to properly perform their duties.

The trust will not accept a supervisor acting into the manager’s position unless that person has been adequately trained and is able to take responsibility for running the contract.

The on site supervisor will not be allocated to any other contract elsewhere on a regular basis, unless otherwise agreed with the authorised officer.

This will include attendance on training courses, external hearings, or working at another of the contractor’s locations.

If the manager is away from the contract for any reason, the contractor must notify the authorised officer of the manager’s absence, and a management presence must be available within one hour from time of request.

In the absence of a recognised or acceptable management presence, the trust may provide one, and will recoup the cost by means of a financial deduction in addition to those specified in the KPI Section. This failure will also receive service credit failure points.

The contractor’s manager shall inform the authorised officer promptly of any unresolved problem concerning the provision of the service.

The authorised officer will be fully involved in the selection/recruitment process for the contract manager/supervisory positions, whether on a permanent or acting capacity. This will include a full involvement in the drawing up of the person/job specification, short listing/selection process, interview, and decision to appoint.

The contractor’s staff engaged in or about the provision of the service shall primarily be under the control and direction of the contractor’s own management. However, whilst on trust premises they shall obey all reasonable instructions given to them by officers of the

Page 72 of 151 trust in any matter in which immediate safety or medical needs of any patient, member or staff or public shall be involved.

The contract manager shall ensure that his staff attend fire lectures, at least annually, and will be required to maintain a record of staff attendance, to assist with any identification issues and to ensure that all people are accounted for during fire alerts.

The contract manager will take action to resolve problems and will discuss with the authorised officer any changes or developments which may be proposed.

The contract manager will be responsible for monitoring the standard of service provided and for ensuring the timely delivery of statistical information and the results of monthly surveys and audits.

The contract manager will also be required to attend regular meetings with service users.

The contract manager will be generally and locally responsible for the smooth running of the contract, and will take action to ensure that any other parts of the contractor’s service network, which the contractor may choose to make use of, if applicable, are working to ensure that services to the trust are provided in a timely and satisfactory manner. The contractor shall ensure that staff utilised for this service shall conduct themselves at all time in a professional manner.

5.4 Vehicles Specification

5.4.1 Design - General

For the purpose of design, vehicles in this section shall refer to any vehicle provided for the purpose of this contract. These shall include but not be limited to, standard or special vehicles, long and short wheel-base and include cars.

Requirement

The Contractor shall supply sufficient vehicles to provide the Service(s) under the Contract. Vehicles should comply with all Road Traffic, Construction and Use regulations and DOH specifications for patient vehicles and equipment. All ambulance vehicles used on the Contract for Stretcher and Wheelchair’s must meet M1 and M2 standards along with meeting the standard BS EN 1789:2000 for vehicles carrying stretchers.

Where a vehicle conversion is based on a standard short or long wheelbase “van- type” chassis, the Contractor must ensure that the suspension has been suitably modified to ensure the comfort of patients during the journey. The Contractor will involve the Authorised Officer in a trial of any vehicle(s) considered for use on the Contract, and before entering into an agreement with a vehicle supplier.

The Contractor shall ensure that no vehicle used on the Contract is older than 5.5 years from date of registration, or has travelled in excess of 140,000 miles.

Vehicles should run on diesel, unleaded fuel, electricity or LPG.

Vehicles emissions must at minimum meet the TFL and Mayor of London requirements. Particular attention is drawn to the London Low Emissions Zone guidance. All vehicles shall be driven with consideration to minimising Co2 emissions. Please also refer to Section 5.10 Sustainability & Environmental

The Contractor shall ensure that all vehicles display current road fund licences, current MOT certificates and are insured to carry patients in the manner required

Page 73 of 151 by the Contract, where required under Road Transport legislation. The current certificate of insurance and other statutory documents must be shown to the Trust’s Authorised Officer before the commencement of the Contract, and on an annual basis thereafter.

All vehicles must be equipped with suitable heating facilities for use during cold weather, and adequate ventilation or air conditioning to keep patients cool on hot days. Such facilities must be turned on prior to the commencement of the journey, and before patients board the vehicle, in order to obtain maximum benefit. It is the responsibility of the driver to check whether the patient(s) onboard are comfortable with the vehicles temperature and the driver must seek permission from the patient(s) if they wish to open or close any of the vehicles windows.

A robust maintenance programme must be in place to ensure cooling and heating is fully functional before any periods of prolonged hot or cold weather.

All seats must face forward and be fitted with restraining safety belts which must be used at all times unless the patient is exempt from wearing seat belts in a normal motor vehicle. If the patient is exempt, this must be confirmed in writing to the contractor prior to the date of travel. It is the responsibility of the driver to ensure that all passengers wear fitted seat belts or other suitable equipment and all vehicles able to safely secure equipment by means of restraints/straps. Refusal to wear a seatbelt must be noted in writing and time and date recorded.

Ambulance vehicle seats must have arm rests, be high backed and otherwise be suitable for all types of patients. Seats must conform in all other ways to British standards.

Vehicles must facilitate the safe boarding and disembarking of patients requiring wheelchair, stretcher and two person handling. If lifting equipment is required at any point during the journey, the Contractor should ensure it is carried in relevant vehicles.

Where a vehicle is double crewed, a contractor must ensure that one member of the crew travels at the rear of the vehicle on every occasion when patients are on board.

Unless otherwise agreed with the Trust’s Authorised Officer, all designated stretcher and bariatric vehicles must be configured to transport stretcher cases, while the stretcher facility may be removed when not required it should be easily and quickly available when necessary. Facilities must be included to safely secure wheelchair-user patients (including electric wheelchairs) or babies in incubators whilst in transit. Vehicles must comply with MDA DB2001 (03) “Guidance on the Safe Transportation of Wheelchairs”, (June, 2001). In particular attention is drawn to references to wheelchair tie-down and occupant restraint systems (WTORS).

Anchorage points must be fitted for each forward facing front seat

Anchorage points must be maintained in a proper condition at all times, and the anchorage point, fastenings and any adjusting device will be free from obvious defect.

Anchorage points and all load-bearing members of the vehicle structure or panelling within 30cm of each anchorage point must at all times be free from serious corrosion, distortion or fracture.

All designated ambulance vehicles should have tail-lift or ramp facilities and, together with steps, these should be clearly marked to allow maximum visibility of

Page 74 of 151 the edges.

Vehicles shall be kept in a presentable manner in keeping with the necessary image of a public health organisation and cleaned at regular intervals, to the satisfaction of the Authorised Officer. Advertising may be permitted, by agreement in writing with the Trust, and will incur a separate charge on the Contractor. Where domestic vehicles are used standard colour schemes will be accepted.

The Contractor must take due regard of the type of operation and patient, therefore the vehicle should be assigned appropriately to meet the patients need in full.

The Trust, having due regard to climatic conditions, may require the Contractor to improve the appearance of the vehicles, in particular with regard to cleanliness, at no extra cost to the Trust, and without disrupting the Service.

Where fitted, car radios should only be played with the permission of the patients onboard and must not be so loud as to be uncomfortable for patients, and should be turned off if requested. A notice to this effect should be placed within each vehicle.

The Trust requires that when the Contractor uses vehicles on Trust business it must be solely used for that business.

The Trust reserves the right to request designated members of staff, or others acting on the Trust’s behalf, to travel in the Contractor’s vehicles, for the purpose of quality control checks or for training purposes. The Contractor will ensure that their vehicle insurance provides sufficient cover in respect of those occasions when the Authorised Officer, or others acting on the Trust’s behalf, accompany the Contractor’s vehicles. No charge will be made for any such journeys, which may occur at short notice.

All vehicles used for the transportation of patients must carry a first aid box appropriate to the type of patients conveyed, and all personnel will be trained in first aid. They should also carry an approved carry chair and a fire extinguisher as detailed in the Public Services Vehicle Specification with a Minimum of 2 umbrellas for patient use.

5.4.2 Design - Other

Requirement

No vehicle on Trust business should display a personalised number plate. The Contractor shall provide a replacement vehicle to ensure continuity of service provision should the need arise, e.g. in the case of vehicle breakdown. A summary list of vehicles should be provided with details of the make, model, year of manufacture, current mileage, service history (& date of last inspection) & number of people required to operate. In support of the vehicle schedule required above, additional details must be provided on vehicle’s specifications related to tailgates, seating capacity, wheelchair carrying capacity, baby seat facilities, communications equipment, and in the case of high dependency vehicles – medical equipment carried. Vehicle records should be made available to the Trust for inspection whenever required. The Trust’s Authorised Officer should, as a minimum, inspect the Contractor’s vehicle records on an annual basis. All accidents and incidents must be reported in accordance with the Health and

Page 75 of 151 Safety at Work Act 1974 including completion of the appropriate forms submitted directly to the Trust’s Authorised Officer. There will be occasions when the Contractor is asked to convey child patients or babies in incubators. Adequate child and booster’s seats dependant on the child’s age and height and anchorage points for the incubator must be provided. In addition, vehicles must be fitted with a power point, pedimats, locks suitable for millennium tracking, and millennium strapping. Child locks should be activated for the conveyance of children or young persons. All seats must be fitted with high backs, suitable for the conveyance of elderly/infirm passengers and conform in all aspects of British Safety Standards.

Adequate child and booster’s seats dependant on the child’s age and height

5.4.3 Maintenance

The Contractor shall check all vehicles for defects daily and maintain a vehicle check and defect reporting process.

It is the responsibility of the Contractor to undertake all necessary maintenance of the vehicles and equipment to ensure compliance with the regulations governing road transport. The Contractor shall ensure that all vehicles and equipment used in connection with the Contract are maintained to the standard and frequency recommended by the manufacturer.

It is the responsibility of the Contractor to undertake all necessary maintenance to vehicles and equipment to ensure that all aspects of the regulations to vehicles and equipment to ensure that all aspects of the regulations governing Road Transport are complied with. The Trust may check, at the Contractor’s cost, at the rate of £80 per hour, the mechanical safety of any vehicle before it is put into use for the first time and whenever believed to be necessary subsequently. A vehicle servicing/inspection schedule shall be made available to the Authorised Officer upon request.

No vehicle, which has suffered impact damage, should be used until it has been professionally assessed and repaired.

Seat belt and anchorage points must be maintained in a proper condition at all times in that the belt, its anchorage, fastenings and adjusting device are free from any obvious defect which would seriously affect the proper functioning of the seat belt in the event of an accident. Anchorage points and all load bearing members of the vehicle structure or panelling within 30cm of each anchorage point must at all times be free from serious corrosion, distortion or fracture.

The Contractor shall supply details of replacement vehicles to be used during routine maintenance and inspection.

The Contractor will provide breakdown cover on all vehicles. Evidence of breakdown cover provisions will be required to be produced by the Authorised Officer. The Contractor will be required to demonstrate that he can provide adequate cover for non-availability of vehicles for any reason.

A replacement vehicle will be available within 1 hour of any vehicle breakdown, or from the time a defect is noted, necessitating its temporary removal from use.

5.4.4 Communications Equipment

Page 76 of 151 The Contractor should ensure adequate provision for direct communications between the trust, contractor, contract manager and drivers.

The contractor must have a clear policy in respect of the use of any telecommunications and radio equipment, which may be installed.

The contractor will comply with any current legislation regarding the use of any equipment that emits radio signals that is likely to affect the possible malfunction of medical equipment or any other electrical equipment that the trust has installed on its premises. Any equipment that causes interference will be withdrawn by the contractor. No member of the contractor’s staff may use a mobile telephone in trust premises without the approval of the ward/departmental manager.

Emergency contact arrangements must be in force outside normal working hours.

All vehicles owned or operated by the contractor, must be equipped with a two-way radio or mobile telephone, or some means of direct communication; this may take the form of a PDA or suitable industry equivalent. Legal and compliant hands free equipment must be used in vehicles with solo drivers.

The contractor will be responsible for ensuring that any planning permission required for radio masts, etc. Is obtained, and maintained according to planning legislation. The contractor will be responsible for the payment of any fees or fines incurred in respect of planning legislation.

The contractor must have a back up communication system available in the event of planned or unplanned downtime.

5.4.5 Equipment, Other

New vehicles and planned replacements must conform to current good design practice in terms of interior finish, patient comfort and patient carrying configuration.

Wheelchair vehicles must be fitted with tail lift facilities and suitable aids to maintain that the chair is safely secured to the vehicle and that the patient is safely secured into the chair.

All ambulance vehicles must have on board the following as a minimum:

. Clean blankets,

. Disposable towels, wipes, gloves and aprons

. Vomit bowls,

. Incontinence pads,

. First aid box,

. Carry chair,

. Fire extinguisher

. Hand towels

. Spillage kits

. Infection control spillage kit

Page 77 of 151 . Alcohol gel

. Urine bottles

. 2 Umbrellas

. Clinical waste bags

. Emergency O2 supply

All vehicles should be equipped with a carry chair and a folding wheelchair available from the contractor for passengers requiring a folding wheelchair but do not have their own. Journey planning should take this equipment need into consideration.

Some patients may travel with their own portable oxygen units, suitable means of safe storage should be made available, this also applies to the provision of oxygen by the contractor.

Vehicles must have heaters to ensure all patients travel at a comfortable temperature regardless of external weather conditions.

The Contractor must ensure the vehicle and associated equipment shall conform to the regulations contained in the various Road Traffic acts.

Vehicles must have adequate legroom, cars should have minimum of four doors and facilitate safe boarding and disembarking of patients requiring:

. stretcher access patients

. two-persons handling.

. one-man car/sitting case patients.

. patients with minor disabilities.

The Contractor should regularly check his linen stocks and arrange to return any Trust linen direct to the Linen Services Department, or to any ward or department, if more convenient

5.4.6 Image

The vehicle exterior shall be clean and tidy with body panels of a uniform colour.

Vehicle livery must comply with the directive from the department of health dated 14th September 2005, which specifies colour schemes, badges and logos, which cannot be used by private contractors – except where agreed with the Trust.

Any joint working livery will be agreed between the Trust and the contractor.

5.5 Site Accessibility

Page 78 of 151 The Trust sites have a limited number of waiting areas designated for ambulance vehicles. Contractors’ staff will be expected to drop off and pick up patients from designated points as stated in the section titled Site Specifics.

Patient transport vehicles will normally be able to park in designated pick up/drop off points temporarily until the patient has been conveyed to the relevant ward or department of is safely on board the vehicle. Once this has been completed the Contractors vehicles must be moved away from the designated areas to either a car parking space or off site. Access to the Trust main hospital sites is good and the main outpatient’s receptions and waiting areas are well appointed and sign posted.

The contractor’s personnel will be expected to comply with the trust’s car parking policies.

The Contractor’s vehicles may not be “garaged” on or at the trust’s premises when not in use without the trust’s prior written permission.

5.6 Medical Screening

Please refer to the section entitled, Employment for details.

5.7 Infection Control

In the instance of transport being requested for an isolation patient or patient with a communicable disease this will be requested by the trust authorised officer as a single occupancy vehicle. In any event the Trust will request that universal precautions will be applied. Under such circumstances the Contractor will adopt full clean down procedures.

Contractors are reminded that patient confidentiality will apply at all times. For further information refer to “Infection Control Guidelines”

The Contractor should ensure that procedures exist to enable the safe transportation of patients with communicable diseases. In case of any query, the Contractor should seek advice of the Trust’s Control of Infection Department. At the commencement of the Contract, the Contractor should provide a copy of his Control of Infection Policy.

The Contractor will ensure the attendance of his staff at any briefing sessions arranged by the Trust’s Control of Infection Department,

The contractor shall –

. If an infected patient (as specified in the Infection Control Guidelines for Ambulance Staff) is carried, they must be transported alone unless otherwise specified and the vehicle must be removed from service and cleaned in accordance with the trust’s decontamination procedures. This is expected to be a very infrequent occurrence.

. Ensure an employee undergoes medical examination as may be required by the trust’s authorised officer (but not in an unreasonable or vexatious way) and where may be required on the grounds of health, remove any employee from a particular area or location.

. Ensure that employees immediately notify their supervisor (or deputy) of any communicable disease encountered by the employee, which may affect his or her suitability to undertake their normal duties for the trust.

. Inform the authorised officer of any occurrence.

Page 79 of 151 It is suggested that the contractor’s staff are immunised against the following –

. Tuberculosis (tb)

. Rubella (German measles)

. Tetanus

. Hepatitis b

If the contractor employs a person under this contract who is not vaccinated against the above and subsequently contracts or passes on the infectious disease, the trust will not accept liability in the matter.

Not withstanding the above all vehicles used for patient transport will be the subject of a rigid deep cleaning schedule applied to:

Both the interior and exterior Negate the possibility of contact infection

5.8 Patient Management

5.8.1 Patient Journey and Approval Process

The Contractor will provide transportation of the Trust’s patients to and from Out Patient clinics, treatment centres, investigation departments and for admission to, and discharge from, wards as requested by the Trust based on their eligibility and allocated an appropriate vehicle according to their medical needs, in any event the Trust reserves the right to specify transport being required regardless of eligibility.

When booking transport, the Trust will specify the type of transport required according to the patient’s treatment, general medical condition and their mobility as detailed in the below schedules. The schedule is not exhaustive, and may be changed from time to time or differ from trust to trust. See also Site Specific section.

Patient Treatment Classification

Treatment Out Patient visiting for treatment and returning to origin (including Patient inc Day patients from this hospital requiring treatment at another Case hospital).

Investigation Patient visiting for investigation and returning to origin (including patients from this hospital requiring treatment at another hospital). Patients from this hospital requiring investigation at another hospital)

Admission Patient being admitted and not returned to origin.

Step-down The Trust has access to a number of beds in local nursing homes, where suitable patients will be transferred for a maximum of four weeks, when they will require onward transfer to their place of residence or to another nursing/residential care home.

Page 80 of 151 Renal patient A patient who will need treatment on a regular basis. The treatment will involve the use of a dialysis machine, and treatment may take up to five hours, but this will depend on the condition of the patient. Treatment is undertaken over 364 days (the exception usually being Christmas Day). Although an outward journey time will be given on booking, a delay in the patient going onto a machine, or perhaps the condition of the patient following treatment, may delay the patient’s readiness to go home. Before collecting patients, crews should telephone the Unit to establish an approximate pick-up time.

Day Case Patient admitted for the day and returning to origin.

Discharge or Patient discharged from hospital an home address. transfers

Classifications used when booking patient travel

Patient Care Classification Secure Vehicle Patients requiring use of a secure vehicle with clinical and or security escort. High Dependency A patient (who may have an intravenous infusion drip in situ), Case who needs to travel in a fully equipped vehicle, eg. With piped Patient/Qualified oxygen requiring greater levels than fifteen litres, defibrillator, cardiac monitor, spinal board, scoop stretcher, suction etc. While there may be a qualified nurse or medical escort, the crew should be fully trained in the use of specialised equipment. Stretcher Case A patient who may need to travel in a recumbent or semi- Patient recumbent position for all or part of the journey and may require two people to lift or carry them (the attendant will be required to supervise the patient in the rear of the vehicle for the whole of the journey). Two Person Lift Patients who will need the skills of two people to manually Patient assist them into the vehicle, and who, once in the vehicle, occupies one sitting space only. The patient should be supervised in the rear of the vehicle by the attendant for the whole of the journey. A two-person lift patient may also need to be lifted or carried at some stage of the journey (including up or down stairs). Four Person Lift A patient, who will need the skill of four people for assistance Patient into the vehicle, and who, once in the vehicle, will usually occupy not more than two sitting spaces. The patient should be supervised by the attendant in the rear of the vehicle for the whole of the journey. A four-person lift patient may also need to be lifted or carried at some stage of the journey (including up or downstairs). Bariatric Patient Patients classified as clinically obese who will need specialised equipments for safe transportation. Bariatric ambulances need to be equipped with the following as a minimum:  Ferno Megasus, stretcher capable of transporting patients in excess of 50 stone

 Bariatric wheelchair,

Page 81 of 151  Spinal board,

 Lifting sheets,

 Slide sheets,

 Ramp system,

 Winch’s,

 C-Max U2 stair climbers or equivalent,

 Defibrillator,

 Suction Unit.

Renal patient A patient who will need to travel on a regular basis. The transport will involve the use of a dialysis machine, but this will depend on the condition of the patient. Walker A patient who will be able to walk, but may need the assistance of the driver to or from their place of residence and to and from the hospital. Such patients may be required to travel by car or by ambulance transport. Walker Car Only As Walker but suitable for a car only Walker As Walker but suitable for an ambulance only Ambulance Only Wheelchair A patient who, for clinical reasons, requires to be transported Patient for the whole or part of the journey in a manual wheelchair, (Transferable and which will usually be supplied by the patient. The attendant Wheelchair user) will be required to supervise such patients in the rear of the vehicle for the duration of the journey. Occasionally a wheelchair will need to be provided by the contractor for use by patients requiring such. Electric A patient who, for clinical reasons, requires to be transported Wheelchair for the whole or part of the journey, in an electric wheelchair, supplied by the patient. The attendant will be required to supervise such patients in the rear of the vehicle for the duration of the journey. Long Leg Plaster The patient may need the assistance of either one or two Patient attendants (specified at time of booking), but will need to elevate their leg when travelling in the vehicle.

The mobility of patients treated at the Trust may change from the time they are brought in and may necessitate a change of category on return.

The Contractor shall not redefine or introduce additional classifications of patient journeys during the contract period such that the cost of the patient journey of the overall contract is increased without full agreement with the Trust on funding and service provision.

The categorisation of patients will be undertaken by the Trust’s approved staff and will be monitored by the Contractor on agreed category classification as defined above.

The Trust’s staff will complete all patients’ data required on the Patient Request Form or on line.

A Triage Nurse and Health Care Assistant shall be appointed by the Contractor to carry out patients assessments against the Department of Health Guidelines for non emergency patient transport and to determine the viability of requests for escorts. It will also be the responsibility of these posts to provide general care to make patient comfortable such as assisting patient to use the toilet.

Page 82 of 151 5.8.2 Escorts

Trust staff will normally determine patients allowed escort(s) in according with the Department of Health guidelines for non emergency patient transport. The Contractor’s staff will not allow escorts to travel without the agreement of the Trust’s Authorised Officer.

An escort may be a relative, friend or clinical escort who will accompany the patient whilst at the hospital and while travelling on the vehicle this person maybe the subject of a separate assessment at the Trusts discretion These should only be walking escorts (except in rare occasions). Escorts will be notified at the time of booking, and will, in the majority of cases, depend upon clinical need.

An escort must not be the patients direct guardianship with the exception of a parent or guardian of a person under 16 who must be escorted at all times.

The Contractor may be asked to return a nurse or clinical escort to their base hospital. Such occasions are rare and will only usually occur where the patient’s medical condition calls for a nurse or clinical escort to accompany them. Consideration should be given to the use of mini cab/taxi to undertake this service to ensure value for money.

The Contractor will seek authorisation from the Trust in the event of an escort being requested that has not previously been booked.

Local Trust variations may apply to the above.

5.8.3 Patient Appliances & Equipment

Patients may require transport with an appliance or aid. This will be pre-booked wherever possible, but discretion must always be used to the patient’s benefit even if the appliance limits the number of spaces otherwise available within a pooled vehicle. The Contractor must ensure that the vehicle is appropriately sized and the appliance or aid can be safely secured. No extra charge will be made for transporting patients’ appliances or aids. For avoidance of doubt an appliance or aid may include but not limited to one or several of the following:

 Zimmer frame,

 Folding wheelchair

 Special inflatable mattress

 Boxes of feeds

 Dialysis fluid

 Artificial limbs

 Crutches

 Oxygen cylinders

Page 83 of 151  Personal belongings subject to space being available but with the expectation for at least one bag, similar size to those allowed on aircraft, to travel with each patient.

5.8.4 Patient Dignity

The Trust is very clear about its direction regarding the preservation of patients’ privacy and dignity, and the protection of patients from the potentially distressing nature of other patients’ conditions. These issues must be highly respected at all times. The Contractor will ensure that –

 Staff are courteous and mild mannered when dealing with patients in general and that racist, sexist, bad taste and patronising comments are avoided at all cost.

 That patients’ attire is secure, or protected by suitable extra coverage and not liable to expose any part of the patient to other patients or the public, in a way that may cause embarrassment or distress for the patient and others. This will not only involve protecting the patient’s bodily parts, but also any wounds, drains, catheters, etc which the patient may have.

 Patients who, by nature of their condition cannot be cared for as above, and are therefore transported alone.

 Any discharge of bodily fluid from any patient within the vehicle can be contained, made safe, cleaned up and deodorised during the course of the journey, and the vehicle will then be thoroughly cleaned after such incident, at the completion of the journey.

 Sufficient policies are in place to provide adequate comfort breaks taking in to consideration the patients condition at time of booking.

5.8.5 Patient Not Ready

The Trust has an expectation for sufficient flexibility to be embedded within the contractors real-time systems to manage a situation where a patient proves not ready for collection from home or from a ward or department (despite having been confirmed as being ready to travel). In this instance the Contractor’s staff must notify the central booking office who will the take appropriate action to ensure no impact to “follow on patients”, this may involve:

 Vehicle waiting until patient is ready.

 Arrange to return (in the case of a Ward or Department)

 Other arrangement as directed by the trust authorised person

In all instances both the patient and the Trust clinical service in which the patient was due to attend should be kept informed.

The Trust has an expectation based on the contractor adequate use of the electronic booking management system not to incur charges as a result of the patient not being ready. In the event of excessive and unavoidable waiting time being incurred any

Page 84 of 151 resultant charges will not exceed the agreed standard abort charge. This will be supported by written evidence stating full reasons why alternative measures could not be taken.

5.8.6 Punctuality

The Trust has an expectation for the Contractor to take every possible action to ensure the vehicle arrives at the pick up point at the allotted time. Where a delay may occur, both the trust and the patient must be informed.

5.8.7 Journey Length

At the time of booking the Contractor should make and assessment of the journey time. This should be advised to both the authorised Trust personnel making the booking and the patient. If on pick up, the Contractor’s estimation of journey time requires amendment due to weather conditions etc the Contractor must advise the Trust accordingly.

5.8.8 Urgent Transfers

The Trust may require the Contractor to convey patients at very short notice such as palliative care or other serious medical condition. Such a journey may necessitate a wait or sometimes an immediate return. These journeys are exceptional and the Trust maintains robust policies and processes to ensure validity of these.

5.8.9 Patient Guide Dogs

The Contractor will allow guide dogs to travel on vehicles when or about the Trust’s business. No additional charge will be made. The Contractor must follow appropriate guidelines with respect to the Disability Discrimination Act 1995 and any subsequent amendments or additions and appropriate organisations.

5.9 Levels of Activity

Whittington Hospital The levels of activity for the Whittington Hospital are based on a representative sample of journeys from a 12 month period (February 2011 through to end of January 2012). This equates to 24,201 patient journeys per annum plus 4,825 escort journeys per annum.

Islington PCT The levels of activity for Islington PCT are based on a representative sample of journeys from a 9 month period (April 2011 through to end of December 2011). This equates to 12,091 patient journeys for the 9 month period and extrapolates to 16,121 journeys per annum. There are no reported escort journeys or two man crew requirements.

Whittington Hospital and Islington PCT Combined The estimated annual level of activity for Whittington Hospital and Islington PCT Combined is 40,322 patient journeys and 4,825 escorts.

Haringey PCT The estimated annual level of activity for Haringey PCT is 10,023 patient journeys and 924 escort journeys. There are no reported two man chair requirements.

Page 85 of 151 The individual Trust’s Authorised Officer will hold regular meetings with the Contractor’s Contract Manager to review activity levels at each trust.

Page 86 of 151 Page 87 of 151 WHITTINGTON HOSPITAL ANNUAL INDICATIVE ACTIVITY LEVELS

Page 88 of 151 ISLINGTON PCT ANNUAL INDICATIVE ACTIVITY LEVELS

Mobility 0 - 3 4 - 6 7 - 10 11 - 15 16 - 20 21 - 25 26 - 30 31 - 35 36 - 40 41 - 45 46 - 50 50 + Total

Car Suitable 1168 239 65 2 1 0 0 0 0 0 0 0 1475 Chair - Needs Carrying 3283 185 23 0 0 0 0 0 0 0 0 0 3491 Chair - Take Own 7694 828 66 1 0 0 0 0 0 0 0 0 8589 Chair - Travel In Own 3074 243 48 1 0 0 0 0 0 0 0 0 3366 Electric Wheelchair 15 0 0 0 0 0 0 0 0 0 0 0 15 Exclusive Use Car 3 0 0 0 0 0 0 0 0 0 0 0 3 Exclusive Use Chair 23 0 0 0 0 0 0 0 0 0 0 0 23 Exclusive Use stretcher 43 4 0 0 0 0 0 0 0 0 0 0 47 HDU 116 74 42 0 0 0 0 0 0 0 0 0 232 Stretcher 747 96 14 2 0 0 0 0 0 0 1 0 860 STU 0 0 0 0 0 0 0 0 0 0 0 0 0 Walking - Ambulance 5083 924 93 0 0 0 0 0 0 0 0 0 6100 Escorts 3973 645 202 2 0 0 0 0 0 0 3 0 4825

Overall Totals 25222 3238 553 8 1 0 0 0 0 0 4 0 29026

Page 89 of 151 WHITTINGTON HOSPITAL & ISLINGTON PCT COMBINED ANNUAL INDICATIVE ACTIVITY LEVELS

Mobility 0 - 3 4 - 6 7 - 10 11 - 15 16 - 20 21 - 25 26 - 30 31 - 35 36 - 40 41 - 45 46 - 50 50 + Total

Walker 14601 816 217 0 1 0 0 0 0 0 0 0 15636 Wheelchair 452 25 8 0 0 0 0 0 0 0 0 0 485

Overall Totals 15053 841 225 0 1 0 0 0 0 0 0 0 16121

Page 90 of 151 HARINGEY PCT ANNUAL INDICATIVE ACTIVITY LEVEL

HPCT Total Inc Exc Activity Walker Chair Stretcher Escorts Escorts Escorts

MobilityApril 0 - 3 4269 - 6 7 - 10 80 11 - 15 163 - 20 21 30- 25 26 - 30382 31 - 35 35236 - 40 41 - 45 46 - 50 50 + Total 0 0 Car SuitableMay 4011 505398 107103 2 4 1 720 6840 0 612 0 0 0 0 4520 Chair - Needs 0 0 Carrying 3283 185 23 0 0 0 0 0 0 0 0 0 3491 Chair - TakeJune Own 8019 583846 72130 1 10 0 820 8050 0 723 0 0 0 0 8938 Chair - Travel In 0 0 Own July 3201 570250 50167 1 4 0 6120 13530 0 741 0 0 0 0 3503 Electric Wheelchair 15 0 0 0 0 0 0 0 0 0 0 0 0 0 15 ExclusiveAugust Use Car 3 569 0 1430 0 10 0 570 7790 0 722 0 0 0 0 3 Exclusive Use 0 0 Chair 23 0 0 0 0 0 0 0 0 0 0 0 23 September 567 212 6 70 855 785 Exclusive Use stretcher 43 4 0 0 0 0 0 0 0 0 0 0 0 0 47 HDU October 116 59974 42215 0 1 0 730 8880 0 815 0 0 0 0 232 Stretcher 747 96 14 2 0 0 0 0 0 0 0 0 1 0 860 STU 0 0 0 0 0 0 0 0 0 0 0 0 0 November 690 240 2 83 1015 932 Walking - Ambulance 16841 1581 268 0 1 0 0 0 0 0 0 0 0 0 18691 Escorts December 3973 760645 202254 2 0 0 710 10850 0 1014 0 0 3 0 4825 0 0 Overall Totals 40275 4079 778 8 2 0 0 0 0 0 4 0 45147 January 844 294 2 99 1239 1140 0 0 February 919 392 1 145 1457 1312

March

11 Months total 6875 2230 43 1394 10542 9148

Year end forecast 7533 2443 47 924 10947 10023

Page 91 of 151 5.10 Innovation & Added Value

The Trust has an expectation of the contractor to put forward a best in class innovative service that would provide an exceptional fit for current requirements and at the same time address future challenges these may come in the form of but not limited to:

. Patient comfort

. Aging population

. Environmental controls

. Inner city congestion

. Technology – booking/real-time vehicle tracking/software systems

. Carbon management and reporting

The Trust has an expectation for the contractor to work with the Trust to deliver quantifiable year on year improvements. The Contractor should ensure continuous service improvements and value for money are achieved, delivered year on year through efficiency savings and effective working practices.

5.11 Sustainability & Environmental

The environmental effects from transport related activities are widely recognised. There is a broad recognition that Co2 emissions related to transport and travel account for 17% of the total NHS output, with 4% attributed to patient transport. In alignment with this the Trust has “carbon and sustainability management policies” that set out the carbon reduction trajectory to agree with national targets.

The Trust has an expectation for the contractor to have in place its own policies to align with the above, broadly speaking the NHS is targeting greenhouse gas reductions in accordance with the Climate Change Act 2008, extracts from which denote a 34% reduction by 2020 and 80% reduction by 2050. In addition the Trust seeks broad agreement to other local targets including that of The Mayor of London’s office which is set at 65% reduction by 2025.

The Trust has an expectation for the contractor to achieve its own sustainability targets through a combination of good practice regarding vehicle choice, utilisation and route planning in addition to other innovative measures.

It is therefore anticipated that the Contractor will have an active Green Transport Plan or Policy. This taking account of vehicle whole life carbon cost as well as modern developments in vehicle manufacture, low particulate, dual fuel and regenerative engines.

The Contractor is required to report the carbon performance with patient journeys inline with the greenhouse gas (GHG) protocol for reporting emissions details for reporting can be obtained for the DEFRA guidance document “How to Measure Your Greenhouse Emission”

The Trust is required to submit information concerning patient transport mileage on a regular basis. The Contractor is required to support the Trust in this regard by providing

Page 92 of 151 detailed information concerning recorded mileage for each patient journey and collectively mileage travelled each month.

5.12 Health & Safety

Accidents to the contractor’s representatives or agents which require to be reported in accordance with the health and safety at work act 1974 shall be also reported immediately to the trust’s authorised officer.

5.13 Business Continuity & Disaster Recovery

The Trust has an expectation for the contractor to have in place a robust business continuity plan to cover for any event or incident occurring with the potential to disrupt the contractor’s day to day execution of the contract. The contractor shall provide the trust within their submission details of their business continuity plan and in particular identify how any risk will be mitigated without impact to the Trust day to day operations.

Data integrity must be maintained by the management service provider in such a way to provide accessibility 24 hours a day 7 days a week 365 days a year. The Trust has an expectation for the management service provider data to be held on servers off site so as not to be impacted on by a major incident affecting the local area to any of the trust locations.

The Trust has an expectation for the contractor to have in place a robust disaster recovery plan to cover for any event or incident occurring that has disrupted the contractor’s day to day execution of the contract. The contractor shall provide the trust within their submission details of their disaster recovery plan and in particular identify how any risk will be mitigated without impact to the Trust day to day operations.

The contractor will provide written assurance and details of their contingency plans to ensure they maintain a full service and provide appropriate levels of capacity during the 2012 London Olympic Games period.

5.14 Major Incident

The Trust is at the forefront of the NHS response to any major incident occurring locally. It is our expectation for the contractor to have the capability to respond to a major incident through the deployment or redeployment of available resources as directed by the Trust. In the case of a major incident the contractor will be required to engage direct communication with the Trust according to their major incident strategy.

5.15 Contract Management

5.15.1 General

The Contractor shall provide sufficient management presence to ensure that the Contractor’s staff engaged in and about the provision of the contract are adequately managed to properly perform their duties.

Page 93 of 151 The Contractor shall ensure that a Contract Manager is nominated who is empowered to act on behalf of the Contractor in all aspect of the contract. The Contract Manager or their deputy will be available to the Authorised Officer within one hour of the request being made.

The Contract Manager or their deputy will consult with the Authorised Officer on a frequency basis to be decided by the Authorised Officer.

The Contract Manager shall inform the Authorised Officer promptly and in writing of any instances, or activity, or omission, on the part of the Trust, which precludes the Contractor from performing to the contract standard.

5.15.2 Management Liaison

Regular formal review meetings will be held each month between the Contractor’s Liaison Manager, the Quality Manager and the Authorised Officer from each Trust site plus users representation. It will be the responsibility of the Authorised Officer to call these meetings.

A meeting of more senior staff, including finance representatives, will be held at least once yearly, but ideally twice yearly. The annual inflation increase will be discussed and agreed at such meetings, and formal minutes will be taken and agreed. No request for annual inflation increases will be made until such a meeting has taken place.

5.15.3 Order of Precedence

The contract will be between the Trust and the company designated as the managed service provider.

As the management provider the contractor will ultimately be responsible for the execution and delivery of the service to the Trust and their patients either directly or indirectly via any approved sub-contractor arrangements.

Where any aspect of the service is sub-contracted, that sub-contractor will take direction from the management provider in order to meet the Trust requirement in full.

5.15.4 Operational Planning

A full-time on-site controller is to be based either at the Trust main site or a site designated in the future by the Trust during core operating hours. If the Contractor’s control room is located off site the Trust will expect to be able to make adequate contact free of charge.

The Contractor will be required to provide a suitable level of staffing commensurate with the level of service requested at various times throughout the day, and the subsequent need to receive requests for transport bookings, resolve associated issues, and respond to general queries from the trust’s staff, general public and general practitioners.

The Contractor will monitor in real time all planned journeys on the day of travel and ensure that problems such as vehicle breakdowns, staff shortages, traffic delays, short notice booking changes and inclement weather have the minimal effect on the standard of service provided. The Contractor will also co-ordinate the movements and location of vehicles to ensure that the service is running to schedule

Page 94 of 151 The Contractor will be required to plan and schedule the deployment of its vehicles to convey patients to and from the Trust’s premises as determined by the Trust requirements.

The Contractor will ensure that all planning and dispatching staff are fully trained in scheduling patient journeys, and a fully trained relief staff member must be supplied in the absence of the planning officer.

For the purpose of this Contract, the Trust will endeavour to give the Contractor notice of transport requirements, and the majority of requests will be made by 17.00 hours on the working day prior to transport being required – therefore the Contractor should be able to accept such bookings made by this time. The number of journeys required where the notice period is less than this will be the subject of Trust endeavours to minimise and in any event should be acceptable to a modern electronic booking management system.

The Trust’s Authorised Officer will be responsible for quality assurance. As an aid to monitoring the quality of service, particularly with regard to pick up times for patients being returned, the Contractor’s staff are required to report to reception on arrival to book in the patient and advise on their scheduled departure time.

5.15.5 Punctuality

Inwards Patients will not arrive more than 45 minutes before (subject to unit opening hours), or 15 minutes after, their appointment except in the case of those attending for MRI, Hydrotherapy, Gym, Podiatry clinic, or Physio appointments or other exceptions detailed in the Trust specific requirements. Patients must be on time to avoid missing their appointed slot.

Outwards Waiting time for transport after treatment should not exceed 60 minutes, which is the Patient Charter Standard.

In normal circumstances all of journeys shall meet the above criteria and exceed the stated minimum standard of 95% is essential.

Department opening times are listed in item 1.3. When patients are ready to be returned a request will be made. When the Contractor brings patients to any department they should ask if they could be given a time for the return.

5.15.6 Journey Planning and Actual Journey Times

Extended Journey Planning

If the estimated journey time determined when booking is extensive ie is expected to be beyond two hours then that estimated time should be advised by the Contractor and suitable arrangements should be made to provide comfort breaks.

General Journey Planning

Wherever possible the estimated journey time determined of any individual patient will not exceed:

 60 minutes - up to 10 miles

Page 95 of 151  75 minutes - up to 15 miles

 90 minutes - up to 25 miles

Times will be consistent with the miles travelled and expected speeds for longer journeys.

The above journey times are indicative for targets set at journey planning, absolute journey times that must not be exceeded are given in the section below and the KPI table, section 5.16 SLA/KPI

Actual Journey Time Taken

Unless otherwise agreed with the Authorised Officer or specified in Package Specific Specifications (Document 4), the journey time from pickup within a fifteen-mile radius of their destination should not exceed two hours - 5 minutes per mile thereafter.

5.15.7 Complaints and Incident Management

The Contractor will demonstrate a comprehensive complaints procedure, meeting all current requirements. Complaints (PALS and formal) to be responded to the Trust within five working days of receipt of the complaint. If this is not possible due to reasons out of the Contractors control i.e. driver sickness, annual leave etc. then notice and reasons to be given to the Trust at the earliest possible time. The procedure must be amended on receipt of any further guidance from the Department of Health, Health Services Management Executive, or other guidance, which may be issued from time to time. The procedure must be agreed with the Trust before Contract commencement.

The Contractor will deal with complaints relating to the Contract and will maintain a database of all complaints and other details. Summaries of the complaints will be supplied to the Authorised Manager and the Contractor must supply full details of any individual complaint made by a patient of the Trust, together with a copy of his response.

A complaint about the service may be made by any of the Trust’s users departments, by a patient, relative or person acting on their behalf, or by the Authorised Officer.

If the Trust receives a complaint about the Contractor’s service, the complaint will be referred to the Contract Manager, who will subsequently be required to provide copies to the Trust of all correspondence relating to the complaint and the complainant.

If a complaint is received regarding a particular employee, the Trust reserves the right to request the Contractor to move the employee to another Contract or other duties. This will not be requested unreasonably.

The contractor shall be required to initially respond, then fully respond to all complaints within the following time frames

. Green – 2 working days initial response, full response 5 working days

. Amber – 2 working days initial response, full response 5 working days

. Red - 1 working day initial response, full response 7 working days

The trust will be responsible for assigning the appropriate level of severity as above.

Page 96 of 151 It is the contractors responsibility to ensure that sufficient staff are available to fully investigate and respond to complaints and while it is not expected that the contractor will unavoidable delay a response to the maximum time, it will not be acceptable for response to go beyond the time frames without first seeking an extension to the response time

The Trust reserves the right to grant an extension to the time period for response to the period but will only do so if the reasons are valid. The trust determines the validity of the reasoning and will not deny an extension without good reason.

5.15.8 Reporting, Monitoring, Management Information & Levels of Activity

Information relating to quality audits will be provided on a quarterly basis, unless otherwise agreed by the Authorised Officer. This information will form part of the Contractor’s monthly report and will accompany the Contractor’s monthly account, no accounts will be paid unless a fully completed Monthly Report is provided. Information will be provided by means of one hard copy and one electronic copy on CD. Quality audits must contain full details as to -

. Volumes of patients being transported.

. The timescale over which the audits were conducted.

. The mobility/journey classification of patients.

. Patients’ destination and place of origin.

. H&S incidents.

. High level reporting for the month ie highlights and lowlights.

. Carbon emissions reporting.

A summary report of all patient journeys against each of the quality standards for patient conveyance will be provided by the 15th of the following month indicating how early or late patients were on arrival at the Trust, in relation to their appointment time, according to the following time bands –

. Early, over 91 mins, reporting early time by patient

. Early, by 61 - 90 mins,

. Early, by 46 - 60 mins,

. Early, by 31 – 45 mins

. Early, by 16 – 30 mins

. Early, by 0 – 15 mins

. Late, by 0 – 15 mins

. Late, by 16 – 30 mins

. Late, by 31 – 60 mins

. Late, by over 61 mins, reporting late time by patient

Page 97 of 151 Whilst it is the Trusts expectation for the contractor to operate a best in class real time service it recognises that there will be occasions where abortive journeys occur. These should be reported by Trust, Directorate, clinic and categorised as follows:-

Within the control of the Contractor:-

. Too late for appointment

. Incorrect Vehicle/Crew

. Incorrect location

. Vehicle failure

. Untimely collection

. Failure to wait specified time

. Planned Road Works

Outside the control of the Contractor:-

. No Reply

. Incorrect Address

. Unable to Locate

. Patient Deceased

. Inpatient

. Hospital Cancelled

. Patient Cancelled

. GP/Nursing Home Cancelled

. Too ill to Travel

. Not Ready

. Making Own Way

. Incorrect Mobility

. No Appointment

. Other – The contractor must stipulate the reason

It is the Trusts expectation for the contractor to operate a best in class real time service. There will be a further requirement for Contractor monitoring and reporting to take place to ensure the highest standards are achieved, this monitoring will include the following by Trust, Directorate, clinic and categorised as follows:-

. The number of patients who are late against the specific criteria

Page 98 of 151 . The number of patients who are collected too early against the specific criteria

. The number of patients who spend more than their specified time on the vehicle – along with service credit failure points.

. Volume profile by Patient Category (e.g. Walker, wheelchair etc.), by clinic/department.

. Volume of cancellations by clinic/departments.

. Volume profile of escorts.

. Volume by mileage bands and mobility.

. Volume by GP Practice.

. Volume by Primary Care Trust (PCT)

. Volume by post code district.

. Record of all service credit failures aligned to thresholds.

The Trust may also monitor the Contractor or it’s sub-contractors using its own designated officer(s). This may involve access, under reasonable conditions, to the Contractor’s property and records, including vehicles, without giving prior notice. The Contractor will not refuse the Trust’s Authorised Officer access to any records relating to the Contract.

The Trust reserves the right to arrange for the Authorised Officer, or designated employee, or other nominated person, to travel on any vehicle with patients to observe the quality of service provided, or for training purposes. No charge will be made for the person travelling in the fulfilment of this role.

The Contractor will be required to maintain a complete record of all patients conveyed or cancelled. The Trust reserves the right of access to this information on request.

The Contractor will be required to submit these reports monthly on the seventh day or first working day there after in respect to the previous month’s activity.

5.15.9 Structured Monitoring

It is an expectation of the Contractor to monitor activities to a predetermined schedule and to meet in full the Trust SLA according to the key performance indicators provided. The Trust authorised offices reserves the right to perform regular or ad hoc audits of the Contractors quality of service and or standard of record keeping.

Service credits will be applied at predetermined levels according to the Contractors own reporting as above and or the Trust officers own findings. Individual levels of monitoring, are included in the KPI section.

5.15.10 Organisational Structure

The contractor is required to submit a full organisational structure relevant to this contract together with organisational structures and relationship structure for any sub-contractors or any affiliated companies, including but not limited to:

Page 99 of 151 Lines of accountability Control service managers Quality assurance manager (including complaints handling) IT Manager Site Management (If applicable) Controllers Numbers of onsite staff CQC certification for each service delivery organisation

5.15.11 Implementation

The contractor is required to submit a full implementation plan detailing key milestones this to be in the form of a detailed Gantt chart and covering events from January 3rd 2012 leading up to the service delivery commencement date of April 1st 2012 and to include post implementation activities. These to include but not be limited to; mobilisation (contractual, vehicle fleet, workforce), Trust engagement, appointments of management team, operational role out, and end of contract demobilisation.

Page 100 of 151 Page 101 of 151 5.16 Key Performance Indicators and Schedule of Service Credits

% of Invoice Performance Indicator Performance Measurement Measuremen Report Key Performance at Risk t Frequency Indicator Patient Satisfaction 0.5 Customer Complaints No more than 12, upheld patient Monthly Trust complaints during the period Patient Satisfaction 0.5 Patient Tracker Survey 500 Surveys to be completed every 6 6 Monthly Contractor months (questions to be defined by Trust) Service Delivery 0.5 Time on Vehicle 95% of all patient journeys, Monthly Contractor maximum time on vehicle to be less than 2 hours within 15 miles and 100% of all patients within 3 hours within 15 miles. Service Delivery 0.5 Late Time Allowed 95% of patients arrival no later than Monthly Contractor 15 minutes prior to appointed time

Service Delivery 1.0 1 Hour Maximum 1 hour maximum waiting time for Monthly Contractor 95% of journeys Service Delivery 1.0 2 Hour Maximum 2 hour maximum waiting time for Monthly Contractor 99.5% of journeys. In the event that patients exceed or are likely to exceed the 2 hour maximum waiting time then authorised officer or site team (out of hours) to be informed. Service Delivery 0.5 Maximum Time 60 minutes prior to appointment Monthly Contractor Allowed to be Early time for 95% of journeys subject to unit opening times.

In addition to the above KPIs the Trust requires the Contractor to play a proactive part in ensuring that journey volumes are managed around the access criteria and this should be reported in the monthly activity/sales report. The overall requirement of the Trust is to minimise the number of patient journeys throughout the duration of the contract.

Page 102 of 151 5.17 NOT USED

5.18 NOT USED

Page 103 of 151 SCHEDULE 3

COSTING SCHEDULE

Page 104 of 151 NEPTS COSTS FOR WHITTINGTON HOSPITAL

Fixed monthly fee based upon Indicative Annual Activity Levels (5.9 Levels of Activity) plus or minus 5%.

Agreed resources

2 Stretcher Vehicles 5 Multi Purpose PTS Vehicles 0.25 HDU Ambulance (shared resource with RFH)

X 12 Staff including onsite controller/manager

Fixed monthly Fee - £39,373 ex VAT

NEPTS COSTS FOR WHITTINGTON HOSPITAL & ISLINGTON PCT COMBINED*

Fixed monthly fee based upon Indicative Annual Activity Levels (5.9 Levels of Activity) plus or minus 5%.

Agreed resources

2 Stretcher Vehicles 8 Multi Purpose PTS Vehicles 0.25 HDU Ambulance (shared resource with RFH) 1 Wheelchair Accessible MPV 1 Saloon Car

X 18 Staff including onsite controller/manager

Fixed monthly Fee - £58,252 ex VAT

* Subject to estimated TUPE Costs for potential Transferee (Islington PCT Controller)

NEPTS COSTS FOR HARINGEY PCT*

Fixed monthly fee based upon Indicative Annual Activity Levels (5.9 Levels of Activity) plus or minus 5%.

Agreed resources

3 Multi Purpose PTS Vehicles 1 Wheelchair Accessible MPV

X 5 Staff

Fixed monthly Fee - £16,763 ex VAT

*Subject to confirmation of TUPE information and subject to review following prevailing actual volume levels.

Page 105 of 151 NEPTS COST SAVINGS

Both parties may review the current level of resources provided at the monthly/quarterly meetings. Subject to both parties agreement, any cost savings incurred through a reduction in staff numbers and or vehicle resources will be equally shared between the Contractor and Trust.

Page 106 of 151 SECURE TRANSPORT CHARGES

£125.00 Per hour (Two Person Crew)

Page 107 of 151 COURIER CHARGES

Page 108 of 151 JOURNE TIM VEHICL COS DATE Y ADDRESS_1 ADDRESS_2 E E T 01/04/20 NW1- BIO CHEMISTRY GR/FL 60 WHITFIELD 07: £5.8 11 WC14EL MANTAGU WARD ST PANCRAS HOSP NW1 ST UCLH WC14EL 37 BIKE 8 07/04/20 ANDREW JOBSON 297 EUSTON ROAD 13: £9.2 11 N10-NW1 PACKAGE SIMMONS HOUSE ST LUKES N10 NW1 44 BIKE 3 N12DE- 21/04/20 EC1R4R PARCEL @ RIVER PLACE HEALTH CENTRE 13: £15. 11 R N12DE 56-60 ROSEBERY AVE EC1R4RR 15 BIKE 95 21/04/20 N12DE- PARCEL @ RIVER PLACE HEALTH CENTRE 13: £6.5 11 N10TH N12DE 37 MURIEL STREET N10TH 15 BIKE 4 05/08/20 HA14XJ- 12: £19. 11 N195NF LETTER @ 6 HARLEY CRESCENT HA14XJ WHITINGTON HOSP N195NF 00 BIKE 98 26/08/20 N12DE- SUPPLIES @ CONTINENCE SERVICES @ 15: £11. 11 N76RN RIVER PLACE N12DE FLT D TOLLINGTON WAY N76RN 10 BIKE 92 N1- 14/04/20 CRAWLE 11: £21. 11 Y 1 SCANNER @ RIVER PLACE N1 FOREST HSE BRIGHTON RD CRAWLEY 30 ONITE 00 NW1- 20/09/20 DARTFO 00: £40. 11 RD 00 SBIKE 17 NW1- 03/10/20 DARTFO PARCEL 5TH FLOOR STEPHENSON HSE DEBBIE GRAHAM 8 MERRYWEATHER 13: £40. 11 RD HAMPSTEAD ROAD NW1 CLOSE DARTFORD 00 SBIKE 17 13/10/20 VACCINES @ PHARMACY 140 HAMPSTEAD ISLINGTON ARTS SCHOOL TURLE RD 08: £10. 11 NW1-N4 RD NW1 N4 30 SBIKE 76 24/10/20 VACCINES @ PHARMACY 140 HAMPSTEAD SALLY CORTON 99 SEVEN SISTERS 08: £9.0 11 NW1-N7 RD NW1 RD N7 30 SBIKE 3 09/12/20 CONTINENCE SERVICES 1ST FLOOR RIVER GEORGE DIXON FLT 108 THE 10: £8.0 11 N1-EC1 PLACE H/C N1 TRIANGLE CYRUS STREET EC1 00 SBIKE 9 01/12/20 16: £18. 11 EC1-N1 BOX @ FINSBURY CENTRE PINE ST EC1 RIVER PLACE CENTRE ESSEX RD N1 30 SSVAN 27 21/12/20 00: £19. 11 N19-N5 00 SSVAN 06 21/09/20 2 BOXES @ RECEPT HORNSEY RISE CENTRE HIGHGATE N/HOME 12 HORNSEY 09: £21. 11 N19-N6 N19 LANE N6 00 SSVAN 19 10/11/20 BOXES @ HORNSEY RISE CENTRE HORNSEY 09: £19. 11 N19-N7 RISE N19 9A HUNGERFORD RD N7 30 SSVAN 06 21/12/20 00: £29. 11 N19-SW1 00 SSVAN 72 CONTINENCE SERVICES 1ST FLOOR 30/09/20 RIVER PLACE HEALTH CENTRE ESSEX 12: £14. 11 N1-N1 BOXES DORIS FLETCHER 150 OFFORD RD N1 RD N1 00 SSVAN 65 04/10/20 9 BOXES @ KILLICK ST CENTRE KILLICK ST 10: £14. 11 N1-N1 N1 39 MORELAND MEWS N1 00 SSVAN 65 14/10/20 CONTINENCE SERVICES 1ST FLOOR 12: £14. 11 N1-N1 BOXES @ 161 DOWNHAM RD N1 RIVER PLACE H/C N1 02 SSVAN 65 30/12/20 BOXES @ CONTINENCE SERVICES RIVER 09: £14. 11 N1-N1 PLACE N1 FLT 14 HUME CRT N1 30 SSVAN 65 27/09/20 N1- BOX CONTINENCE SERVICES RIVER PLACE BOB JUPP 521 SAMUEL LEWIS TRUST 14: £14. 11 N11LW H/CENTRE N1 BUILDINGS LIVERPOOL ROAD N11LW 18 SSVAN 65 07/10/20 00: £21. 11 N1-N19 00 SSVAN 19 29/12/20 BOXES @ CONTINENCE SERVICES RIVER 16: £21. 11 N1-N19 PLACE N1 7 TREMLETT GROVE N19 50 SSVAN 19 29/09/20 N1-N1- 11: £20. 11 N1 BOXES @ 2 NORTHAMPTON PARK N1 RIVER PLACE CENTRE N1 50 SSVAN 95 19/10/20 BOXES @ CONTINENCE SERVICES RIVER 15: £19. 11 N1-N5 PLACE N1 11 HIGHBURY GROVE N5 45 SSVAN 06 07/10/20 LETTER RECEPTION RIVER PLACE HEALTH MR L SHURMAN 14 SOUTHWOOD 11: £23. 11 N1-N6 CENTRE N1 AVENUE N6 26 SSVAN 32 02/09/20 1 BOX CONTINENCE SERVICES RIVER PLACE 10: £19. 11 N1-N7 H/CENTRE N1 24 KEIGHLEY CLOSE N7 06 SSVAN 06 19/10/20 12: £19. 11 N1-N7 BOXES @ CONT SERVICES RIVER PLACE N1 5 STAVELEY CLOSE N7 30 SSVAN 06 11/10/20 00: £19. 11 N1-N7 00 SSVAN 06 27/10/20 BOXES @ CONTINENCE SERVICES RIVER FLT 27 MINERVA LODGE 42 ROMAN 15: £19. 11 N1-N7 PLACE N1 WAY N7 19 SSVAN 06 09/11/20 BOXES @ CONTINENCE SERVICES RIVER 10: £19. 11 N1-N7 PLACE N1 24 KEIGHLEY CLOSE N7 40 SSVAN 06 14/12/20 BOXES @ CONTINENCE SERVICES RIVER 12: £19. 11 N1-N7 PLACE N1 5 STAVELEY CLOSE N7 00 SSVAN 06 30/09/20 17: £18. 11 N1-NW1 BOXES @ RIVER PLACE CENTRE N1Page 109 of15 151 MORNINGTON CRES NW1 30 SSVAN 59 14/10/20 BOXES @ CONTINENCE SERVICES RIVER FLT 83 GODWIN CRT CROWNDALE RD 09: £18. 11 N1-NW1 PLACE N1 NW1 50 SSVAN 59 21/10/20 BOXES @ CONTINENCE SERVICES RIVER 15: £18. 11 N1-NW1 PLACE N1 FLT 88 MAYFORD OAKLEY SQ NW1 43 SSVAN 59 TAXI CHARGES

Page 110 of 151 Date Time Pricing Details Current MSL W/Time 25/05/2011 14:30 ***EC1 - EC1 11.24 10.35 08/06/2011 14:17 ***EC1 - EC1 +30 11.80 10.35 06/04/2011 11:15 ***EC1 - N1 13.55 10.35 07/12/2011 16:29 ***EC1 - N19 16.67 16.73 14/12/2011 16:00 ***EC1 - N19 16.67 16.73 12/07/2011 10:15 ***EC1 - N7 14.24 12.48 27/06/2011 15:27 ***N1 - N1 +3 11.81 10.35 14/11/2011 00:37 ***N10 - N19 12.03 12.48 07/11/2011 00:06 ***N10 - NW5 - W/RTN 24.62 24.96 09/11/2011 04:29 ***N19 - N10 12.03 12.48 06/04/2011 12:25 ***N5 - EC1Y 13.55 12.48 12/07/2011 15:14 ***N7 - N1 O/S1526 14.24 10.35 28/06/2011 16:30 ***NW1 - N19 14.24 12.48 30/06/2011 16:30 ***NW1 - N19 14.24 12.48 26/04/2011 10:30 ***NW1 - NW1 11.24 10.35 13/06/2011 10:30 ***NW1 - NW5 14.24 10.35 04/07/2011 10:30 ***NW1 - NW5 14.24 10.35 26/09/2011 10:30 ***NW3 - NW6 14.24 10.35 03/10/2011 10:30 ***NW3 - NW6 14.24 10.35 05/07/2011 10:30 ***NW5 - NW1 14.24 10.35 23/06/2011 12:00 ***WC1 - N5 SMS 24.98 12.48 19/12/2011 10:31 ***WC1X - N7 14.24 12.48 18/08/2011 10:15 ...+A/P***N19 - N7 12.03 10.35 06/07/2011 16:30 ...+MTXT+N/A***NW1 - N19 14.24 12.48 15/09/2011 17:23 ...+N/A***N7 - N19 +20 14.24 10.35 25/12/2011 16:00 ...EC1 - N7 28.48 12.48 17/10/2011 10:30 ...EC1 - NW5 16.67 16.73 21/11/2011 10:30 ...EC1R - N7 14.24 12.48 05/12/2011 10:30 ...EC1R - N7 14.24 12.48

Page 111 of 151 05/09/2011 10:30 ...EC1R - NW5 16.67 16.73 12/09/2011 10:30 ...EC1R - NW5 16.67 16.73 10/10/2011 10:30 ...EC1R - NW5 16.67 16.73 16/08/2011 10:15 ...EC1V - N7 14.24 12.48 03/11/2011 15:43 ...N1 - EC1V 14.24 10.35 10/06/2011 16:37 ...N1 - EC1Y 14.24 10.35 07/07/2011 11:55 ...N1 - N1 11.81 10.35 01/09/2011 13:55 ...N1 - N1 11.81 10.35 13/09/2011 15:02 ...N1 - N1 11.81 10.35 08/12/2011 11:43 ...N1 - N1 11.81 10.35 05/12/2011 12:57 ...N1 - N1 READY NO 11.81 10.35 27/10/2011 12:23 ...N1 - N1 +30 11.81 10.35 13/09/2011 13:08 ...N1 - N1 DARREN+10 11.81 10.35 22/11/2011 12:44 ...N1 - N19 14.24 12.48 14/12/2011 10:30 ...N1 - N19 14.24 12.48 03/10/2011 16:05 ...N1 - N5 14.24 10.35 10/10/2011 15:15 ...N1 - N5 14.24 10.35 10/06/2011 15:15 ...N1 - N7 14.24 10.35 10/10/2011 10:30 ...N1 - N7 14.24 10.35 20/10/2011 10:30 ...N1 - N7 14.24 10.35 19/12/2011 09:45 ...N1 - N7 14.24 10.35 29/12/2011 11:30 ...N1 - N7 14.24 10.35 17/10/2011 12:00 ...N19 - N19 9.60 10.35 17/10/2011 16:01 ...N19 - N19 +30 9.60 10.35 14/12/2011 11:15 ...N19 - N5 9.60 10.35 05/09/2011 09:45 ...N19 - N7 12.03 10.35 05/09/2011 10:15 ...N19 - N7 12.03 10.35 08/09/2011 10:15 ...N19 - N7 12.03 10.35 29/09/2011 09:45 ...N19 - N7 12.03 10.35 29/12/2011 11:00 ...N19 - N7 12.03 10.35

Page 112 of 151 22/08/2011 10:15 ...N19 - N7 +5 12.03 10.35 15/09/2011 10:15 ...N19 - N7 DARREN+10 12.03 10.35 30/06/2011 08:30 ...N19 - NW1 12.03 12.48 01/07/2011 11:26 ...N5 - N1 14.24 10.35 10/10/2011 13:15 ...N5 - N1 14.24 10.35 15/08/2011 13:30 ...N5 - N19 11.81 10.35 11/10/2011 10:30 ...N5 - N7 14.24 10.35 19/10/2011 15:00 ...N5 - N7 14.24 10.35 21/11/2011 10:30 ...N6 - NW5 12.03 10.35 05/12/2011 10:30 ...N6 - NW5 12.03 10.35 12/12/2011 10:30 ...N6 - NW5 12.03 10.35 19/12/2011 10:30 ...N6 - NW5 12.03 10.35 12/07/2011 13:00 ...N7 - EC1 14.24 12.48 14/11/2011 13:00 ...N7 - EC1R 14.24 12.48 21/11/2011 13:00 ...N7 - EC1R 14.24 12.48 01/07/2011 11:23 ...N7 - N1 14.24 10.35 20/10/2011 13:00 ...N7 - N1 14.24 10.35 24/10/2011 13:00 ...N7 - N1 14.24 10.35 26/10/2011 11:45 ...N7 - N1 14.24 10.35 07/11/2011 13:00 ...N7 - N1 14.24 10.35 18/08/2011 13:00 ...N7 - N19 14.24 10.35 22/08/2011 13:00 ...N7 - N19 14.24 10.35 08/09/2011 13:00 ...N7 - N19 14.24 10.35 15/09/2011 13:00 ...N7 - N19 14.24 10.35 07/10/2011 16:00 ...N7 - N19 14.24 10.35 19/10/2011 10:40 ...N7 - N19 14.24 10.35 03/11/2011 10:45 ...N7 - N19 14.24 10.35 01/12/2011 10:40 ...N7 - N19 14.24 10.35 15/12/2011 11:45 ...N7 - N19 14.24 10.35 29/12/2011 12:00 ...N7 - N19 14.24 10.35

Page 113 of 151 25/10/2011 13:00 ...N7 - N5 14.24 10.35 16/11/2011 13:30 ...N7 - N5 14.24 10.35 22/11/2011 13:00 ...N7 - N5 14.24 10.35 23/08/2011 12:30 ...N7 - N7 11.81 10.35 25/08/2011 10:15 ...N7 - N7 11.81 10.35 08/09/2011 10:30 ...N7 - N7 11.81 10.35 08/09/2011 13:00 ...N7 - N7 11.81 10.35 15/09/2011 13:00 ...N7 - N7 11.81 10.35 29/09/2011 13:00 ...N7 - N7 11.81 10.35 29/06/2011 16:30 ...NW1 - N19 14.24 12.48 05/07/2011 16:30 ...NW1 - N19 14.24 12.48 12/07/2011 16:30 ...NW1 - N19 14.24 12.48 11/10/2011 10:30 ...NW1 - NW1 11.81 10.35 18/10/2011 10:30 ...NW1 - NW1 11.81 10.35 18/10/2011 12:15 ...NW1 - NW1 11.81 10.35 25/10/2011 10:30 ...NW1 - NW1 11.81 10.35 07/11/2011 10:30 ...NW1 - NW1 11.81 10.35 07/11/2011 12:15 ...NW1 - NW1 11.81 10.35 28/06/2011 13:15 ...NW1 - NW5 14.24 10.35 18/07/2011 10:30 ...NW1 - NW5 14.24 10.35 15/08/2011 10:30 ...NW1 - NW5 14.24 10.35 05/12/2011 10:35 ...NW1 - NW5 14.24 10.35 19/12/2011 10:35 ...NW1 - NW5 14.24 10.35 11/10/2011 12:15 ...NW1 - NW6 16.67 14.61 18/10/2011 12:15 ...NW1 - NW6 16.67 14.61 08/11/2011 12:15 ...NW1 - NW6 16.67 14.61 29/11/2011 12:15 ...NW1 - NW6 16.67 14.61 06/09/2011 12:15 ...NW1 - WC1 14.24 10.35 11/10/2011 12:15 ...NW1 - WC1 14.24 10.35 06/09/2011 12:15 ...NW1 - WC1B 14.24 10.35

Page 114 of 151 13/09/2011 12:15 ...NW1 - WC1B 14.24 10.35 04/10/2011 12:15 ...NW1 - WC1B 14.24 10.35 18/10/2011 12:15 ...NW1 - WC1B 14.24 10.35 11/10/2011 12:15 ...NW1 - WC1N 14.24 10.35 18/10/2011 12:15 ...NW1 - WC1N 14.24 10.35 05/09/2011 10:30 ...NW3 - NW6 14.24 10.35 12/09/2011 10:30 ...NW3 - NW6 14.24 10.35 12/09/2011 10:30 ...NW3 - NW6 14.24 10.35 10/10/2011 10:30 ...NW3 - NW6 14.24 10.35 05/12/2011 10:30 ...NW3 - NW6 14.24 10.35 05/09/2011 12:15 ...NW5 - EC1R 16.67 16.73 12/09/2011 12:15 ...NW5 - EC1R 16.67 16.73 19/09/2011 12:15 ...NW5 - EC1R 16.67 16.73 17/10/2011 12:15 ...NW5 - EC1R 16.67 16.73 07/11/2011 12:15 ...NW5 - EC1R 16.67 16.73 31/10/2011 12:30 ...NW5 - N6 - SEE-JOB ON SITE 12:1 14.24 10.35 28/06/2011 10:30 ...NW5 - NW1 14.24 10.35 08/12/2011 12:13 ...NW5 - NW3 14.24 10.35 05/09/2011 10:30 ...NW5 - NW5 11.81 10.35 12/09/2011 10:30 ...NW5 - NW5 11.81 10.35 12/09/2011 12:30 ...NW5 - NW5 11.81 10.35 10/10/2011 10:30 ...NW5 - NW5 11.81 10.35 17/10/2011 12:30 ...NW5 - NW5 11.81 10.35 24/10/2011 12:30 ...NW5 - NW5 11.81 10.35 14/11/2011 10:30 ...NW5 - NW5 11.81 10.35 21/11/2011 10:30 ...NW5 - NW5 11.81 10.35 28/11/2011 10:30 ...NW5 - NW5 11.81 10.35 05/12/2011 10:30 ...NW5 - NW5 11.81 10.35 05/12/2011 12:15 ...NW5 - NW5 11.81 10.35 19/12/2011 10:30 ...NW5 - NW5 11.81 10.35

Page 115 of 151 19/12/2011 12:15 ...NW5 - NW5 11.81 10.35 12/09/2011 12:15 ...NW5 - WC1 14.24 14.61 05/09/2011 12:15 ...NW5 - WC1H 14.24 14.61 05/09/2011 12:30 ...NW5 - WC1H 14.24 14.61 19/09/2011 12:15 ...NW5 - WC1H 14.24 14.61 10/10/2011 12:15 ...NW5 - WC1H 14.24 14.61 10/10/2011 12:30 ...NW5 - WC1H 14.24 14.61 17/10/2011 12:15 ...NW5 - WC1H 14.24 14.61 07/11/2011 12:15 ...NW5 - WC1H 14.24 14.61 27/09/2011 11:00 ...NW6 - NW1 14.46 14.61 04/10/2011 10:30 ...NW6 - NW1 14.46 14.61 18/10/2011 10:30 ...NW6 - NW1 14.46 14.61 25/10/2011 10:30 ...NW6 - NW1 14.46 14.61 15/11/2011 10:30 ...NW6 - NW1 14.46 14.61 15/11/2011 10:30 ...NW6 - NW1 14.46 14.61 29/11/2011 10:30 ...NW6 - NW1 14.46 14.61 13/12/2011 10:30 ...NW6 - NW1 14.46 14.61 05/09/2011 15:00 ...NW6 - NW3 12.03 10.35 12/09/2011 12:30 ...NW6 - NW3 12.03 10.35 26/09/2011 12:30 ...NW6 - NW3 12.03 10.35 03/10/2011 12:30 ...NW6 - NW3 12.03 10.35 24/10/2011 12:30 ...NW6 - NW3 12.03 10.35 05/12/2011 12:30 ...NW6 - NW3 12.03 10.35 12/09/2011 15:00 ...NW6 - NW3 +5 12.03 10.35 12/09/2011 10:30 ...NW6 - NW6 9.60 10.35 14/11/2011 10:30 ...NW6 - NW6 9.60 10.35 21/11/2011 10:30 ...NW6 - NW6 9.60 10.35 28/11/2011 10:30 ...NW6 - NW6 9.60 10.35 28/11/2011 10:30 ...NW6 - NW6 9.60 10.35 28/11/2011 10:35 ...NW6 - NW6 9.60 10.35

Page 116 of 151 28/11/2011 13:15 ...NW6 - NW6 9.60 11.04 05/12/2011 10:30 ...NW6 - NW6 9.60 10.35 05/12/2011 12:30 ...NW6 - NW6 9.60 10.35 05/12/2011 12:30 ...NW6 - NW6 9.60 10.35 12/12/2011 10:30 ...NW6 - NW6 9.60 10.35 12/12/2011 12:30 ...NW6 - NW6 9.60 10.35 19/12/2011 10:30 ...NW6 - NW6 9.60 10.35 19/12/2011 10:35 ...NW6 - NW6 9.60 10.35 31/10/2011 13:15 ...NW6 - NW6 - SEE-JOB ACCEPTED 13 9.60 10.35 14/11/2011 13:15 ...NW6 - NW6 - SEE-JOB ON SITE 13: 9.60 10.35 27/06/2011 12:30 ...NW6 - NW8 12.03 10.35 04/07/2011 10:30 ...NW8 - NW6 14.24 10.35 04/10/2011 10:30 ...WC1 - NW1 14.24 10.35 11/10/2011 10:30 ...WC1 - NW1 14.24 10.35 22/11/2011 10:25 ...WC1 - NW1 14.24 10.35 13/12/2011 10:30 ...WC1 - NW1 14.24 10.35 12/09/2011 10:30 ...WC1 - NW5 14.24 14.61 17/10/2011 10:30 ...WC1 - NW5 14.24 14.61 17/10/2011 10:30 ...WC1 - NW5 14.24 14.61 24/10/2011 10:30 ...WC1 - NW5 14.24 14.61 06/09/2011 10:30 ...WC1B - NW1 14.24 10.35 13/09/2011 10:30 ...WC1B - NW1 14.24 10.35 04/07/2011 10:30 ...WC1E - NW5 14.24 14.61 12/09/2011 10:30 ...WC1H - NW5 14.24 14.61 10/10/2011 10:30 ...WC1H - NW5 14.24 14.61 06/09/2011 10:30 ...WC1N - NW1 14.24 10.35 13/09/2011 10:30 ...WC1N - NW1 14.24 10.35 31/10/2011 11:00 ...WC1N - NW1 14.24 10.35 15/11/2011 10:25 ...WC1N - NW1 14.24 10.35 15/11/2011 10:30 ...WC1N - NW1 14.24 10.35

Page 117 of 151 29/11/2011 10:25 ...WC1N - NW1 14.24 10.35 15/11/2011 10:15 ...WC1R - NW1 14.24 10.35 06/12/2011 10:30 ...WC1R - NW1 14.24 10.35 13/12/2011 10:30 ...WC1R - NW1 14.24 10.35 08/08/2011 10:15 [FAILED TO SEND CANCEL TO L48!!!]N 12.03 0.00 27/06/2011 10:30 >NW6 - NW6 TOLD 16.89 10.35 17/05/2011 16:30 A.P.***NW1 - N19 - SEE-JOB: TT - 13.55 12.48 26/10/2011 11:15 A/P***N7 - N7 11.81 10.35 18/05/2011 16:30 A/P+MTXT***NW1 - N19 13.55 12.48 18/05/2011 15:00 A/P+TXT***EC1 - WC1 13.55 10.35 18/05/2011 13:05 BKR+MTXT***WC1 - EC1 WHEE 13.55 10.35 11/04/2011 10:15 C.O.A. 8.93 10.35 13/04/2011 13:05 C.O.A. 8.93 10.35 18/04/2011 10:15 C.O.A. 8.93 10.35 19/04/2011 12:15 C.O.A. 8.93 10.35 20/04/2011 11:15 C.O.A. 8.93 10.35 20/04/2011 11:15 C.O.A. 8.93 10.35 20/04/2011 13:05 C.O.A. 8.93 10.35 20/04/2011 14:45 C.O.A. 8.93 10.35 21/04/2011 09:30 C.O.A. 8.93 10.35 27/04/2011 11:15 C.O.A. 8.93 10.35 27/04/2011 11:15 C.O.A. 8.93 10.35 27/04/2011 13:05 C.O.A. 8.93 10.35 28/04/2011 09:30 C.O.A. 8.93 10.35 28/04/2011 09:30 C.O.A. 8.93 10.35 03/05/2011 10:30 C.O.A. 8.93 10.35 03/05/2011 10:30 C.O.A. 8.93 10.35 04/05/2011 13:05 C.O.A. 8.93 10.35 09/05/2011 10:30 C.O.A. 8.93 10.35 09/05/2011 10:30 C.O.A. 8.93 10.35

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Page 122 of 151 06/12/2011 10:30 C.O.A. 9.38 10.35 12/12/2011 10:30 C.O.A. 9.38 10.35 13/12/2011 10:30 C.O.A. 9.38 10.35 14/12/2011 11:00 C.O.A. 9.38 10.35 19/12/2011 09:45 C.O.A. 9.38 10.35 19/12/2011 10:30 C.O.A. 9.38 10.35 20/12/2011 10:30 C.O.A. 9.38 10.35 20/12/2011 10:30 C.O.A. 9.38 10.35 20/12/2011 10:30 C.O.A. 9.38 10.35 01/11/2011 10:25 DMC WC1N - NW1 14.24 10.35 07/07/2011 10:05 DMC***N1 - N1 11.81 10.35 01/07/2011 13:00 DMC***N1 - N7 14.24 10.35 18/07/2011 09:15 DMC***N5 - N7 N/G+30 21.34 10.35 27/06/2011 10:30 DMC***NW1 - NW5 14.24 10.35 05/09/2011 10:30 DMC***NW1 - NW5 14.24 10.35 22/08/2011 14:37 DMC...N1 - NW1 14.24 10.35 30/08/2011 12:51 DMC...N16 - N1 RDY NOW+30 O 12.03 14.61 10/10/2011 11:15 DMC...N7 - N1 14.24 10.35 01/09/2011 13:00 DMC...N7 - N7 11.81 10.35 11/07/2011 10:30 DMC...NW1 - NW5 CPCT+7 14.24 10.35 10/10/2011 12:15 DMC...NW5 - EC1R 16.67 16.73 26/07/2011 10:30 DMC...NW5 - NW1 14.24 10.35 16/08/2011 10:30 DMC...NW5 - NW1 14.24 10.35 12/09/2011 14:00 DMC...NW6 - NW6 9.60 10.35 11/07/2011 12:30 DMC...NW6 - NW6 - NW6 16.89 16.10 16/08/2011 10:30 DMC...WC1B - NW1 14.24 10.35 04/10/2011 10:30 DMC...WC1B - NW1 14.24 10.35 05/09/2011 10:30 DMC...WC1H - NW5 14.24 14.61 16/08/2011 10:30 DMC...WC1N - NW1 14.24 10.35 25/08/2011 10:30 DMC+PAX***E8 - N16 - E16 39.42 29.50

Page 123 of 151 10/06/2011 15:30 DVR.MC...+WRG/TL***EC1Y - N1 14.24 10.35 25/12/2011 19:00 E1 - WC1 SMS 33.34 14.61 25/05/2011 12:30 EC1 - EC1 11.24 10.35 08/06/2011 13:15 EC1 - EC1 11.80 10.35 01/06/2011 14:37 EC1 - EC1 +30 11.81 10.35 22/06/2011 13:15 EC1 - EC1 WHEELCHAIR 11.81 10.35 22/07/2011 10:15 EC1 - EC1,N7 21.64 18.23 15/07/2011 10:15 EC1 - EC1,N7 YUSSUF+5 21.64 18.23 18/05/2011 14:44 EC1 - EC1V 11.24 10.35 15/06/2011 14:15 EC1 - EC1V 11.81 10.35 22/06/2011 14:41 EC1 - EC1V 11.81 10.35 13/04/2011 11:15 EC1 - N1 13.55 10.35 20/04/2011 11:15 EC1 - N1 13.55 10.35 27/04/2011 11:15 EC1 - N1 13.55 10.35 13/06/2011 09:00 EC1 - N19 2 W/CH SMS 24.98 16.73 15/06/2011 14:16 EC1 - N5 14.24 12.48 29/06/2011 14:35 EC1 - N5 P/O 14.24 12.48 25/05/2011 14:30 EC1 - N5 R/NOW 13.55 12.48 17/06/2011 10:30 EC1 - N7 14.24 12.48 24/06/2011 10:30 EC1 - N7 14.24 12.48 29/07/2011 10:15 EC1 - N7 14.24 12.48 06/04/2011 11:15 EC1R - N1 13.55 10.35 13/04/2011 11:15 EC1R - N1 13.55 10.35 20/04/2011 11:15 EC1R - N1 13.55 10.35 27/04/2011 11:15 EC1R - N1 13.55 10.35 30/06/2011 10:45 EC1R - N7 14.24 12.48 14/11/2011 10:30 EC1R - N7 14.24 12.48 28/11/2011 10:30 EC1R - N7 14.24 12.48 08/08/2011 10:30 EC1R - NW5 16.67 16.73 19/09/2011 10:30 EC1R - NW5 16.67 16.73

Page 124 of 151 03/10/2011 10:30 EC1R - NW5 16.67 16.73 07/11/2011 10:30 EC1R - NW5 16.67 16.73 15/06/2011 13:15 EC1V - EC1 11.81 10.35 01/06/2011 13:15 EC1V - EC1 WHEELCHAIR 11.81 10.35 01/07/2011 10:20 EC1V - EC1,N7 21.64 18.23 06/04/2011 11:15 EC1V - N1 13.55 10.35 13/04/2011 11:15 EC1V - N1 13.55 10.35 15/04/2011 13:55 EC1V - N1 13.55 10.35 12/05/2011 08:30 EC1V - N1 13.55 10.35 03/11/2011 14:15 EC1V - N1 14.24 10.35 19/07/2011 10:15 EC1V - N7 14.24 12.48 26/07/2011 10:15 EC1V - N7 14.24 12.48 12/08/2011 10:15 EC1V - N7 14.24 12.48 19/08/2011 10:15 EC1V - N7 14.24 12.48 03/06/2011 12:00 EC1Y - N1 NG + 15 14.24 12.48 19/07/2011 15:30 EC1Y - N19 - W/RTN 26.83 33.47 06/04/2011 14:00 EC1Y - N5 13.55 12.48 26/07/2011 11:00 EC1Y - N7 14.24 12.48 06/04/2011 14:45 EC1Y - WC1 WHEELCHAIR USER 13.55 10.35 10/06/2011 08:45 ENG***N19 - EC1 14.46 16.73 04/07/2011 16:30 MTXT***N1 - N19 14.24 16.73 08/07/2011 16:30 MTXT***N1 - N19 14.24 16.73 17/06/2011 08:30 MTXT***N19 - N1 12.03 12.48 28/06/2011 08:30 MTXT***N19 - NW1 12.03 12.48 05/07/2011 08:30 MTXT***N19 - NW1 12.03 12.48 18/05/2011 14:00 N/A***EC1 - N5 13.55 12.48 09/08/2011 10:15 N/A***EC1V - N7 14.24 12.48 27/06/2011 16:30 N/A***N1 - N19 S 14.24 16.73 14/07/2011 08:30 N/A***N19 - NW1 12.03 12.48 09/06/2011 08:30 N/A+MTXT***N19 - NW1 12.02 12.48

Page 125 of 151 06/04/2011 12:45 N1 - EC1 13.55 10.35 13/04/2011 12:45 N1 - EC1 13.55 10.35 20/04/2011 12:45 N1 - EC1 13.55 10.35 27/04/2011 12:45 N1 - EC1 13.55 10.35 06/04/2011 12:45 N1 - EC1R 13.55 10.35 13/04/2011 12:45 N1 - EC1R 13.55 10.35 20/04/2011 12:45 N1 - EC1R 13.55 10.35 27/04/2011 12:45 N1 - EC1R 13.55 10.35 06/04/2011 12:45 N1 - EC1V 13.55 10.35 13/04/2011 12:45 N1 - EC1V 13.55 10.35 15/04/2011 16:10 N1 - EC1V 13.55 10.35 12/05/2011 10:56 N1 - EC1V 13.55 10.35 03/06/2011 13:20 N1 - EC1Y 14.24 10.35 08/12/2011 08:20 N1 - EC2 14.24 10.35 08/12/2011 08:20 N1 - EC2A 14.24 10.35 06/04/2011 11:15 N1 - N1 11.24 10.35 06/04/2011 12:45 N1 - N1 11.24 10.35 28/04/2011 11:45 N1 - N1 11.24 10.35 28/04/2011 13:06 N1 - N1 11.24 10.35 03/05/2011 15:00 N1 - N1 11.24 10.35 03/05/2011 16:27 N1 - N1 11.24 10.35 27/06/2011 11:27 N1 - N1 11.81 10.35 27/06/2011 14:00 N1 - N1 11.81 10.35 08/07/2011 14:26 N1 - N1 11.81 10.35 08/07/2011 16:18 N1 - N1 11.81 10.35 01/09/2011 15:07 N1 - N1 11.81 10.35 08/09/2011 14:25 N1 - N1 11.81 10.35 04/10/2011 09:00 N1 - N1 11.81 10.35 04/10/2011 13:14 N1 - N1 11.81 10.35 05/12/2011 12:15 N1 - N1 11.81 10.35

Page 126 of 151 27/10/2011 11:30 N1 - N1 SMS 11.81 10.35 27/06/2011 09:45 N1 - N1 RTN TBA 11.81 10.35 08/09/2011 10:50 N1 - N1 +5-10 11.81 10.35 14/06/2011 10:16 N1 - N10 - W/RTN SMS 36.99 37.72 30/08/2011 14:30 N1 - N16 14.24 14.61 13/05/2011 16:30 N1 - N19 13.55 12.48 16/05/2011 16:30 N1 - N19 13.55 12.48 20/05/2011 16:30 N1 - N19 13.55 12.48 27/05/2011 16:30 N1 - N19 13.55 12.48 06/06/2011 16:30 N1 - N19 14.23 12.48 13/06/2011 16:30 N1 - N19 14.24 12.48 17/06/2011 16:30 N1 - N19 14.24 12.48 20/06/2011 16:30 N1 - N19 14.24 12.48 24/06/2011 16:30 N1 - N19 14.24 12.48 01/07/2011 16:30 N1 - N19 14.24 12.48 11/07/2011 16:30 N1 - N19 14.24 12.48 15/07/2011 16:30 N1 - N19 14.24 12.48 04/07/2011 14:31 N1 - N4 14.24 12.48 13/06/2011 15:50 N1 - N5 14.24 10.35 20/06/2011 13:10 N1 - N5 14.24 10.35 24/06/2011 17:00 N1 - N5 14.24 10.35 27/06/2011 11:26 N1 - N5 14.24 10.35 01/07/2011 11:45 N1 - N5 14.24 10.35 29/11/2011 14:40 N1 - N5 14.24 10.35 19/07/2011 10:51 N1 - N5 +30 SMS 14.24 10.35 15/12/2011 08:55 N1 - N6 16.67 10.35 27/04/2011 09:00 N1 - N7 13.55 10.35 20/06/2011 08:50 N1 - N7 14.24 10.35 29/09/2011 09:15 N1 - N7 14.24 10.35 24/10/2011 10:30 N1 - N7 14.24 10.35

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Page 128 of 151 24/06/2011 08:30 N19 - N1 12.03 12.48 27/06/2011 08:30 N19 - N1 12.03 12.48 01/07/2011 08:30 N19 - N1 12.03 12.48 04/07/2011 08:30 N19 - N1 12.03 12.48 08/07/2011 08:30 N19 - N1 12.03 12.48 15/07/2011 08:30 N19 - N1 12.03 12.48 22/11/2011 10:43 N19 - N1 12.03 12.48 14/12/2011 11:51 N19 - N1 12.03 12.48 11/07/2011 08:30 N19 - N1 +4 12.03 12.48 06/06/2011 08:30 N19 - N1 TTADNA 12.02 12.48 20/10/2011 02:40 N19 - N10 12.03 12.48 22/06/2011 14:30 N19 - N5 14.39 10.35 15/08/2011 15:18 N19 - N5 9.60 10.35 07/04/2011 09:30 N19 - N7 11.45 10.35 14/04/2011 09:30 N19 - N7 11.45 10.35 21/04/2011 09:30 N19 - N7 11.45 10.35 28/04/2011 09:30 N19 - N7 11.45 10.35 05/07/2011 15:06 N19 - N7 12.03 10.35 04/08/2011 10:15 N19 - N7 12.03 10.35 11/08/2011 10:15 N19 - N7 12.03 10.35 15/08/2011 10:15 N19 - N7 12.03 10.35 15/08/2011 14:30 N19 - N7 12.03 10.35 25/08/2011 10:15 N19 - N7 12.03 10.35 15/09/2011 17:00 N19 - N7 12.03 10.35 19/09/2011 10:15 N19 - N7 12.03 10.35 22/09/2011 10:15 N19 - N7 12.03 10.35 22/09/2011 17:00 N19 - N7 12.03 10.35 26/09/2011 10:15 N19 - N7 12.03 10.35 06/10/2011 10:30 N19 - N7 12.03 10.35 13/10/2011 10:30 N19 - N7 12.03 10.35

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Page 136 of 151 10/05/2011 10:30 NW1 - NW1 11.24 10.35 10/05/2011 14:00 NW1 - NW1 11.24 10.35 24/05/2011 10:30 NW1 - NW1 11.24 10.35 24/05/2011 14:00 NW1 - NW1 11.24 10.35 31/05/2011 10:30 NW1 - NW1 11.24 10.35 31/05/2011 14:00 NW1 - NW1 11.24 10.35 07/06/2011 10:30 NW1 - NW1 11.80 10.35 07/06/2011 14:00 NW1 - NW1 11.80 10.35 08/06/2011 13:15 NW1 - NW1 11.81 10.35 20/09/2011 10:30 NW1 - NW1 11.81 10.35 20/09/2011 12:15 NW1 - NW1 11.81 10.35 11/10/2011 12:15 NW1 - NW1 11.81 10.35 25/10/2011 12:15 NW1 - NW1 11.81 10.35 26/04/2011 12:33 NW1 - NW1 - NW1 18.17 16.10 05/04/2011 12:15 NW1 - NW3 13.55 10.35 05/04/2011 12:15 NW1 - NW3 13.55 10.35 12/04/2011 12:15 NW1 - NW3 13.55 10.35 12/04/2011 12:15 NW1 - NW3 13.55 10.35 19/04/2011 12:15 NW1 - NW3 13.55 10.35 26/04/2011 12:15 NW1 - NW3 13.55 10.35 18/04/2011 10:30 NW1 - NW5 13.55 10.35 27/04/2011 12:00 NW1 - NW5 13.55 10.35 09/05/2011 10:30 NW1 - NW5 13.55 10.35 09/05/2011 10:58 NW1 - NW5 13.55 10.35 11/05/2011 15:25 NW1 - NW5 13.55 10.35 16/05/2011 10:30 NW1 - NW5 13.55 113.85 16/05/2011 10:30 NW1 - NW5 13.55 10.35 23/05/2011 10:30 NW1 - NW5 13.55 10.35 23/05/2011 10:30 NW1 - NW5 13.55 10.35 06/06/2011 10:30 NW1 - NW5 14.23 10.35

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Page 138 of 151 20/09/2011 12:15 NW1 - WC1B 14.24 10.35 27/09/2011 12:15 NW1 - WC1B 14.24 10.35 11/10/2011 12:15 NW1 - WC1B 14.24 10.35 16/08/2011 12:15 NW1 - WC1N 14.24 10.35 13/09/2011 12:15 NW1 - WC1N 14.24 10.35 27/09/2011 12:15 NW1 - WC1N 14.24 10.35 01/11/2011 12:15 NW1 - WC1N 14.24 10.35 15/11/2011 12:15 NW1 - WC1N 14.24 10.35 15/11/2011 12:15 NW1 - WC1N 14.24 10.35 22/11/2011 12:15 NW1 - WC1N 14.24 10.35 22/11/2011 12:15 NW1 - WC1N 14.24 10.35 29/11/2011 12:15 NW1 - WC1N 14.24 10.35 13/12/2011 12:15 NW1 - WC1N 14.24 10.35 15/11/2011 12:15 NW1 - WC1R 14.24 10.35 22/11/2011 12:15 NW1 - WC1R 14.24 10.35 29/11/2011 12:15 NW1 - WC1R 14.24 10.35 13/12/2011 12:15 NW1 - WC1R 14.24 10.35 05/04/2011 10:30 NW3 - NW1 13.55 10.35 05/04/2011 10:30 NW3 - NW1 13.55 10.35 12/04/2011 10:30 NW3 - NW1 13.55 10.35 12/04/2011 10:30 NW3 - NW1 13.55 10.35 19/04/2011 10:30 NW3 - NW1 13.55 10.35 26/04/2011 10:30 NW3 - NW1 13.55 10.35 04/04/2011 10:30 NW3 - NW5 13.55 10.35 11/04/2011 10:30 NW3 - NW5 13.55 10.35 18/04/2011 10:30 NW3 - NW5 13.55 10.35 08/12/2011 11:00 NW3 - NW5 +10 14.24 10.35 04/04/2011 10:30 NW3 - NW6 13.55 10.35 04/04/2011 10:30 NW3 - NW6 13.55 10.35 11/04/2011 10:30 NW3 - NW6 13.55 10.35

Page 139 of 151 11/04/2011 10:30 NW3 - NW6 13.55 10.35 18/04/2011 10:30 NW3 - NW6 13.55 10.35 18/04/2011 10:30 NW3 - NW6 13.55 10.35 23/05/2011 10:30 NW3 - NW6 13.55 10.35 13/06/2011 10:30 NW3 - NW6 14.24 10.35 20/06/2011 10:30 NW3 - NW6 14.24 10.35 18/07/2011 10:30 NW3 - NW6 14.24 10.35 25/07/2011 10:30 NW3 - NW6 14.24 10.35 01/08/2011 10:30 NW3 - NW6 14.24 10.35 08/08/2011 10:30 NW3 - NW6 14.24 10.35 15/08/2011 10:30 NW3 - NW6 14.24 10.35 05/09/2011 10:30 NW3 - NW6 9.38 10.35 19/09/2011 10:30 NW3 - NW6 14.24 10.35 24/10/2011 10:30 NW3 - NW6 14.24 10.35 12/12/2011 10:30 NW3 - NW6 14.24 10.35 19/12/2011 10:30 NW3 - NW6 14.24 10.35 19/09/2011 10:30 NW3 - NW6 +30 14.24 10.35 03/10/2011 12:15 NW5 - EC1R 16.67 16.73 07/11/2011 12:30 NW5 - N6 14.24 10.35 14/11/2011 12:30 NW5 - N6 14.24 10.35 21/11/2011 12:30 NW5 - N6 14.24 10.35 28/11/2011 12:30 NW5 - N6 14.24 10.35 05/12/2011 12:30 NW5 - N6 14.24 10.35 12/12/2011 12:30 NW5 - N6 14.24 10.35 19/12/2011 12:30 NW5 - N6 14.24 10.35 18/04/2011 12:15 NW5 - NW1 13.55 10.35 09/05/2011 12:15 NW5 - NW1 13.55 10.35 09/05/2011 12:15 NW5 - NW1 13.55 10.35 16/05/2011 12:15 NW5 - NW1 13.55 10.35 16/05/2011 12:15 NW5 - NW1 13.55 10.35

Page 140 of 151 23/05/2011 12:15 NW5 - NW1 13.55 10.35 23/05/2011 12:15 NW5 - NW1 13.55 10.35 06/06/2011 12:15 NW5 - NW1 14.23 10.35 06/06/2011 12:15 NW5 - NW1 14.23 10.35 13/06/2011 12:15 NW5 - NW1 14.24 10.35 20/06/2011 12:15 NW5 - NW1 14.24 10.35 20/06/2011 12:15 NW5 - NW1 14.24 10.35 27/06/2011 12:15 NW5 - NW1 14.24 10.35 27/06/2011 12:15 NW5 - NW1 14.24 10.35 04/07/2011 12:15 NW5 - NW1 14.24 10.35 11/07/2011 12:15 NW5 - NW1 14.24 10.35 12/07/2011 10:30 NW5 - NW1 14.24 10.35 18/07/2011 12:15 NW5 - NW1 14.24 10.35 25/07/2011 12:30 NW5 - NW1 14.24 10.35 01/08/2011 12:30 NW5 - NW1 14.24 10.35 02/08/2011 10:30 NW5 - NW1 14.24 10.35 08/08/2011 12:30 NW5 - NW1 14.24 10.35 09/08/2011 10:30 NW5 - NW1 14.24 10.35 15/08/2011 12:30 NW5 - NW1 14.24 10.35 05/09/2011 12:30 NW5 - NW1 14.24 10.35 28/11/2011 12:30 NW5 - NW1 14.24 10.35 05/12/2011 12:30 NW5 - NW1 14.24 10.35 12/12/2011 12:30 NW5 - NW1 14.24 10.35 19/12/2011 12:30 NW5 - NW1 14.24 10.35 11/04/2011 12:15 NW5 - NW3 13.55 10.35 18/04/2011 12:15 NW5 - NW3 13.55 10.35 14/11/2011 12:30 NW5 - NW3 14.24 10.35 04/04/2011 10:30 NW5 - NW5 11.24 10.35 04/04/2011 12:30 NW5 - NW5 11.24 10.35 11/04/2011 10:30 NW5 - NW5 11.24 10.35

Page 141 of 151 18/04/2011 10:30 NW5 - NW5 11.24 10.35 18/04/2011 12:10 NW5 - NW5 11.24 10.35 09/05/2011 10:30 NW5 - NW5 11.24 10.35 09/05/2011 12:10 NW5 - NW5 11.24 10.35 16/05/2011 10:30 NW5 - NW5 11.24 10.35 16/05/2011 12:10 NW5 - NW5 11.24 10.35 23/05/2011 12:10 NW5 - NW5 11.24 10.35 06/06/2011 12:42 NW5 - NW5 11.81 10.35 05/09/2011 12:30 NW5 - NW5 11.81 10.35 19/09/2011 10:30 NW5 - NW5 11.81 10.35 19/09/2011 12:30 NW5 - NW5 11.81 10.35 03/10/2011 10:30 NW5 - NW5 11.81 10.35 03/10/2011 12:30 NW5 - NW5 11.81 10.35 10/10/2011 12:30 NW5 - NW5 11.81 10.35 17/10/2011 10:30 NW5 - NW5 11.81 10.35 24/10/2011 10:30 NW5 - NW5 11.81 10.35 31/10/2011 10:30 NW5 - NW5 11.81 10.35 31/10/2011 11:00 NW5 - NW5 11.81 10.35 31/10/2011 12:30 NW5 - NW5 11.81 10.35 31/10/2011 12:30 NW5 - NW5 11.81 10.35 07/11/2011 10:30 NW5 - NW5 11.81 10.35 07/11/2011 12:30 NW5 - NW5 11.81 10.35 21/11/2011 12:30 NW5 - NW5 11.81 10.35 28/11/2011 12:30 NW5 - NW5 11.81 10.35 12/12/2011 10:30 NW5 - NW5 11.81 10.35 12/12/2011 12:15 NW5 - NW5 11.81 10.35 11/04/2011 12:30 NW5 - NW5 +10 11.24 10.35 23/05/2011 10:30 NW5 - NW5 +15 11.24 10.35 11/04/2011 12:15 NW5 - WC1 13.55 14.61 11/04/2011 12:30 NW5 - WC1 13.55 14.61

Page 142 of 151 18/04/2011 12:15 NW5 - WC1 13.55 14.61 09/05/2011 12:15 NW5 - WC1 13.55 14.61 20/06/2011 12:15 NW5 - WC1 14.24 14.61 04/07/2011 12:15 NW5 - WC1 14.24 14.61 18/07/2011 12:15 NW5 - WC1 14.24 14.61 23/05/2011 12:15 NW5 - WC1 + 7 13.55 14.61 12/09/2011 12:30 NW5 - WC1H 14.24 14.61 19/09/2011 12:30 NW5 - WC1H 14.24 14.61 26/09/2011 12:15 NW5 - WC1H 14.24 14.61 26/09/2011 12:30 NW5 - WC1H 14.24 14.61 03/10/2011 12:30 NW5 - WC1H 14.24 14.61 17/10/2011 12:30 NW5 - WC1H 14.24 14.61 24/10/2011 12:15 NW5 - WC1H 14.24 14.61 24/10/2011 12:30 NW5 - WC1H 14.24 14.61 04/04/2011 12:30 NW5 - WC1N 13.55 14.61 18/04/2011 12:10 NW5 - WC1N 13.55 14.61 09/05/2011 12:10 NW5 - WC1N 13.55 14.61 23/05/2011 12:10 NW5 - WC1N 13.55 14.61 06/06/2011 12:10 NW5 - WC1N 14.23 14.61 01/11/2011 10:30 NW6 - NW1 14.46 14.61 08/11/2011 10:30 NW6 - NW1 14.46 14.61 08/11/2011 10:30 NW6 - NW1 14.46 14.61 22/11/2011 10:30 NW6 - NW1 14.46 14.61 22/11/2011 10:30 NW6 - NW1 14.46 14.61 11/10/2011 10:30 NW6 - NW1 +10 14.46 14.61 04/04/2011 12:15 NW6 - NW3 11.45 10.35 04/04/2011 12:15 NW6 - NW3 11.45 10.35 11/04/2011 12:15 NW6 - NW3 11.45 10.35 11/04/2011 12:15 NW6 - NW3 11.45 10.35 18/04/2011 12:15 NW6 - NW3 11.45 10.35

Page 143 of 151 18/04/2011 13:15 NW6 - NW3 11.45 10.35 23/05/2011 12:15 NW6 - NW3 11.45 10.35 06/06/2011 12:15 NW6 - NW3 12.02 10.35 13/06/2011 12:15 NW6 - NW3 12.03 10.35 20/06/2011 12:15 NW6 - NW3 12.03 10.35 18/07/2011 12:30 NW6 - NW3 12.03 10.35 25/07/2011 12:30 NW6 - NW3 12.03 10.35 01/08/2011 12:30 NW6 - NW3 12.03 10.35 08/08/2011 15:00 NW6 - NW3 12.03 10.35 15/08/2011 15:00 NW6 - NW3 12.03 10.35 19/09/2011 12:30 NW6 - NW3 12.03 10.35 19/09/2011 15:00 NW6 - NW3 12.03 10.35 12/12/2011 14:00 NW6 - NW3 12.03 10.35 19/12/2011 14:00 NW6 - NW3 12.03 10.35 05/09/2011 12:44 NW6 - NW3 +30 12.03 10.35 04/04/2011 10:30 NW6 - NW6 9.14 10.35 04/04/2011 10:30 NW6 - NW6 9.14 10.35 04/04/2011 12:15 NW6 - NW6 9.14 10.35 04/04/2011 12:30 NW6 - NW6 9.14 10.35 11/04/2011 10:30 NW6 - NW6 9.14 10.35 11/04/2011 10:30 NW6 - NW6 9.14 10.35 11/04/2011 12:15 NW6 - NW6 9.14 10.35 11/04/2011 12:30 NW6 - NW6 9.14 10.35 23/05/2011 10:30 NW6 - NW6 9.14 10.35 06/06/2011 10:30 NW6 - NW6 9.60 10.35 06/06/2011 10:30 NW6 - NW6 9.60 10.35 06/06/2011 12:30 NW6 - NW6 9.60 10.35 13/06/2011 10:30 NW6 - NW6 9.60 10.35 13/06/2011 10:30 NW6 - NW6 9.60 10.35 13/06/2011 12:30 NW6 - NW6 9.60 10.35

Page 144 of 151 13/06/2011 12:30 NW6 - NW6 9.60 10.35 20/06/2011 10:30 NW6 - NW6 9.60 10.35 20/06/2011 10:30 NW6 - NW6 9.60 10.35 20/06/2011 12:30 NW6 - NW6 16.89 10.35 27/06/2011 12:30 NW6 - NW6 16.89 10.35 18/07/2011 10:30 NW6 - NW6 9.60 10.35 18/07/2011 12:30 NW6 - NW6 9.60 10.35 01/08/2011 10:30 NW6 - NW6 9.60 10.35 01/08/2011 14:00 NW6 - NW6 9.60 10.35 08/08/2011 10:30 NW6 - NW6 9.60 10.35 08/08/2011 15:00 NW6 - NW6 9.60 10.35 15/08/2011 10:30 NW6 - NW6 9.60 10.35 15/08/2011 14:00 NW6 - NW6 9.60 10.35 19/09/2011 10:30 NW6 - NW6 9.60 10.35 19/09/2011 14:00 NW6 - NW6 9.60 10.35 26/09/2011 10:30 NW6 - NW6 9.60 10.35 26/09/2011 14:00 NW6 - NW6 9.60 10.35 31/10/2011 11:00 NW6 - NW6 9.60 10.35 31/10/2011 11:00 NW6 - NW6 9.60 10.35 31/10/2011 12:30 NW6 - NW6 9.60 10.35 07/11/2011 10:30 NW6 - NW6 9.60 10.35 07/11/2011 10:30 NW6 - NW6 9.60 10.35 07/11/2011 12:30 NW6 - NW6 9.60 10.35 07/11/2011 13:15 NW6 - NW6 9.60 10.35 14/11/2011 10:30 NW6 - NW6 9.60 10.35 14/11/2011 12:30 NW6 - NW6 9.60 10.35 21/11/2011 10:30 NW6 - NW6 9.60 10.35 21/11/2011 10:35 NW6 - NW6 9.60 10.35 21/11/2011 12:30 NW6 - NW6 9.60 10.35 21/11/2011 12:30 NW6 - NW6 9.60 10.35

Page 145 of 151 21/11/2011 13:15 NW6 - NW6 9.60 10.35 28/11/2011 12:30 NW6 - NW6 9.60 10.35 05/12/2011 10:30 NW6 - NW6 9.60 10.35 05/12/2011 10:35 NW6 - NW6 9.60 10.35 05/12/2011 13:15 NW6 - NW6 9.60 10.35 12/12/2011 10:35 NW6 - NW6 9.60 10.35 12/12/2011 12:30 NW6 - NW6 9.60 10.35 19/12/2011 12:30 NW6 - NW6 9.60 10.35 19/12/2011 12:30 NW6 - NW6 9.60 10.35 06/06/2011 10:30 NW6 - NW6 SMS 9.60 10.35 06/06/2011 12:30 NW6 - NW6 SMS 9.60 10.35 25/07/2011 12:30 NW6 - NW6 +5 9.60 10.35 25/07/2011 10:30 NW6 - NW6 T\T 9.60 10.35 06/06/2011 12:15 NW6 - NW6 TTADNA 9.60 10.35 23/05/2011 12:15 NW6 - NW6 +15 9.14 10.35 11/07/2011 10:30 NW6 - NW6 - NW6 16.89 16.10 18/07/2011 10:30 NW6 - NW6 - NW6 16.89 16.10 18/07/2011 12:30 NW6 - NW6 - NW6 16.89 16.10 25/07/2011 10:30 NW6 - NW6 - NW6 16.89 16.10 25/07/2011 12:30 NW6 - NW6 - NW6 16.89 16.10 08/08/2011 10:30 NW6 - NW6 - NW6 16.89 16.10 08/08/2011 12:30 NW6 - NW6 - NW6 16.89 16.10 28/11/2011 12:30 NW6 - NW6 - SEE-JOB ACCEPTED 11:56 9.60 10.35 06/06/2011 12:30 NW6 - NW8 12.03 10.35 20/06/2011 12:30 NW6 - NW8 12.03 10.35 04/07/2011 12:30 NW6 - NW8 12.03 10.35 11/07/2011 12:30 NW6 - NW8 12.03 10.35 25/07/2011 12:30 NW6 - NW8 12.03 10.35 01/08/2011 12:30 NW6 - NW8 12.03 10.35 08/08/2011 12:30 NW6 - NW8 12.03 10.35

Page 146 of 151 08/08/2011 12:30 NW6 - NW8 12.03 10.35 11/07/2011 10:30 NW8 - NW6 14.24 10.35 18/07/2011 10:30 NW8 - NW6 14.24 10.35 25/07/2011 10:30 NW8 - NW6 14.24 10.35 01/08/2011 10:30 NW8 - NW6 14.24 10.35 08/08/2011 10:30 NW8 - NW6 14.24 10.35 08/08/2011 10:30 NW8 - NW6 14.24 10.35 26/07/2011 15:33 PAX***EC1 - N1 14.24 10.35 10/06/2011 16:30 PAX***N1 - N19 14.23 12.48 10/06/2011 08:30 PAX***N19 - N1 12.02 12.48 18/05/2011 13:15 PAX+MTXT***EC1V - EC1 11.24 10.35 18/05/2011 08:30 TXT***N19 - NW1 11.45 12.48 18/05/2011 13:00 TXT***N5 - EC1 13.55 12.48 22/09/2011 11:30 U.A***N15 - N1 14.46 16.73 06/04/2011 13:05 WC1 - EC1 WHEELCHAIR USER 13.55 10.35 21/10/2011 12:45 WC1 - N7 14.24 12.48 09/08/2011 10:30 WC1 - NW1 14.24 10.35 20/09/2011 10:30 WC1 - NW1 14.24 10.35 11/10/2011 10:30 WC1 - NW1 14.24 10.35 22/11/2011 10:30 WC1 - NW1 14.24 10.35 13/06/2011 10:30 WC1 - NW5 14.24 14.61 20/06/2011 10:30 WC1 - NW5 14.24 14.61 19/09/2011 10:30 WC1 - NW5 14.24 14.61 26/09/2011 10:30 WC1 - NW5 14.24 14.61 03/10/2011 10:30 WC1 - NW5 14.24 14.61 10/10/2011 10:30 WC1 - NW5 14.24 14.61 05/09/2011 10:30 WC1 - NW5 T.T 14.24 14.61 20/09/2011 10:30 WC1B - NW1 14.24 10.35 27/09/2011 10:30 WC1B - NW1 14.24 10.35 18/10/2011 10:30 WC1B - NW1 14.24 10.35

Page 147 of 151 25/12/2011 07:30 WC1E - E1 SMS 33.34 14.61 18/04/2011 10:30 WC1E - NW5 13.55 14.61 09/05/2011 10:30 WC1E - NW5 13.55 14.61 23/05/2011 10:30 WC1E - NW5 13.55 14.61 18/07/2011 10:30 WC1E - NW5 14.24 14.61 11/04/2011 10:30 WC1E - NW5 +5 13.55 14.61 19/09/2011 10:30 WC1H - NW5 14.24 14.61 26/09/2011 10:30 WC1H - NW5 14.24 14.61 24/10/2011 10:30 WC1H - NW5 14.24 14.61 07/11/2011 10:30 WC1H - NW5 14.24 14.61 27/09/2011 10:30 WC1N - NW1 14.24 10.35 11/10/2011 10:25 WC1N - NW1 14.24 10.35 18/10/2011 10:25 WC1N - NW1 14.24 10.35 04/04/2011 10:30 WC1N - NW5 13.55 14.61 11/04/2011 10:30 WC1N - NW5 13.55 14.61 18/04/2011 10:30 WC1N - NW5 13.55 14.61 09/05/2011 10:30 WC1N - NW5 13.55 14.61 23/05/2011 10:30 WC1N - NW5 13.55 14.61 06/06/2011 10:30 WC1N - NW5 14.23 14.61 22/11/2011 10:30 WC1R - NW1 14.24 10.35 29/11/2011 10:30 WC1R - NW1 14.24 10.35 25/07/2011 14:22 WC1X - N1 14.24 10.35

A number of journeys had a monetary value against them for waiting time without giving the measure of time this covered. For consistency we have zeroed out all the w/t. We confirm that our

Page 148 of 151 w/t is charged at £24.15 per hour on a pro rata basis with the first 10mins ‘free’ but after 10 mins

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