COURT CUSTODY AND PRISONER ESCORT SERVICES IN SCOTLAND CONTRACT NUMBER 00846 Court Custody and Prisoner Escort Services Contract Number 00846 Contract Number 00846 March 2011 FORM OF CONTRACT: CONTRACT NO. 00846 This Contract is entered in to between: The Scottish Ministers, referred to in the Scotland Act 1998, represented by the Scottish Prison Service at the Scottish Prison Service Calton House 5 Redheughs Rigg Edinburgh EH12 9HW (hereinafter called “Purchaser” or the “SPS”) OF THE FIRST PART and G4S Care and Justice Services (UK) Limited (Company Registration number 0390328) whose registered office is: Sutton Park 15 Carshalton Road Sutton Surrey SM1 4LD (hereinafter called the “Service Provider” or “G4S“) OF THE SECOND PART The Purchaser hereby appoints the Service Provider and the Service Provider hereby agrees to provide for the Purchaser the Services (as hereinafter defined) on the terms and conditions set out in this Contract. The Purchaser agrees to pay to the Service Provider the relevant Prices specified in Schedule C and due in terms of the Contract, in consideration of the due and proper performance by the Service Provider of its obligations under the Contract. The Service Provider agrees to look only to the Purchaser for the due performance of the Contract and the Purchaser will be entitled to enforce this Contract on behalf of the Scottish Ministers. The Contract shall consist of this Form of Contract and the following documents attached hereto which shall be deemed to form and to be read and to be construed as part of the Contract. In the event of conflicts between the documents forming the Contract, the documents shall take precedence in the order listed: (i) Form of Contract; (ii) Schedule A; Terms & Conditions of Contract (iii) Schedule B; Specification (iv) Schedule C; Pricing (v) Schedule D; Performance Measures (vi) Schedule E; Premises (vii) Schedule F; Service Provider’s Proposal. In the event of any ambiguity, discrepancy or conflict within the Contract that remains after the documents have been taken in order of the above precedence, then such ambiguity, discrepancy or conflict shall be referred to the Purchaser for resolution. The Contract and any specific assurances provided in response to the Purchaser’s standstill letter of 14th March 2011 in relation to the Service Provider’s capacity, ability and resources to deliver the Services shall constitute the entire agreement between the parties as to the Services to be provided in accordance with the Contract and shall supersede and take the place of all documents, minutes of meetings, letters or notes, which may be in existence at the date hereof and all statements, representations and warranties which may have been made by or on behalf of the parties hereto. The Service Provider recognises and agrees that notwithstanding the foregoing nothing in this Contract shall be construed as affecting any liability in law upon the Service Provider for any misrepresentation made to the Purchaser, which may have induced the Purchaser to award and enter into this Contract. The Contract may only be amended by a clear statement in writing signed by a duly authorised representative of each of the parties hereto. Court Custody and Prisoner Escort Services Form of Contract Contract Number 00846 March 2011 IN WITNESS WHEREOF these presents typewritten on this and the preceding page together with Schedules A, B, C, D, E and F annexed hereto are executed as follows: At …………………………… On ……………………. Of …………………………………. 2011 SIGNED for and on behalf of the Scottish Ministers By: Witness: Name: John Ewing Name: Title: Chief Executive (Scottish Prison Service) At ………………………… On ……………………... Of ……………………………….. 2011 SIGNED for and on behalf of G4S Care and Justice Services (UK) Limited By: Witness: Name: Name: Title: Court Custody and Prisoner Escort Services Form of Contract Contract Number 00846 March 2011 Overview of the Contract & Services This overview page is provided for information and is not intended to be part of the Contract or legally binding. The Scottish Prison Service (SPS) is an Executive Agency of the Scottish Government. Whilst the Court Custody & Prisoner Escort Services (CCPES) support elements of SPS activities, a significant proportion of the services described in this contract underpin prisoner management and movement activities across Scotland for a number of Criminal Justice Partners: The Scottish Court Service (SCS) which administers, and has responsibility for the management of the estate and the procurement of facilities management services, for the Court of Session, High Court of Justiciary, Sheriff Courts, Justice of the Peace (JP) and Stipendiary Magistrate Courts throughout Scotland. The eight Scottish Police forces that variously operate Police Custody Units (PCU) premises throughout Scotland. In addition the service provider must also liaise closely with the Crown Office and Procurator Fiscal Services (COPFS) to handle the relevant processes, warrants, and paperwork associated with managing persons in custody. For the purposes of this contract, the SPS is the contracting party on behalf of the Scottish Ministers. The SPS is also the ‘lead’ authority in terms of managing the CCPES contract on behalf of the other Partner bodies. The SPS provides a nominated representative (the Escort Monitor) and other contract management staff who form the primary points of liaison between the Partner organisations and the service provider in terms of monitoring compliance and performance under the Contract. In broad terms, the scope of these Court Custody & Prisoner Escort Services support the movement and supervision of Prisoners between the various Criminal Justice Partners highlighted above. The services comprise two Core Service elements as outlined in the accompanying Specification (Schedule B): 1. Management and supervision of Prisoners in courts and court custody suites (Section C), and the 2. Prisoner escorting across Scotland to and from courts, Scottish Inter-Police Force Transfers including from outwith Scotland, and Prisoner Movements to places of custody (Section B). Prisoner escorting services are further defined into three sub-types of Non-Core Services (Section D): a) Other Prisoner Escorts which are primarily Prisoner Movements to/from prisons to prescribed locations to enable the Prisoner to attend activities such a funeral, marriage or civil partnership, day-patient hospital appointment or other relevant authorised activities. This activity also includes inter-jurisdictional Prisoner transfers between England and Scotland. b) External Escorts such as Scottish inter-prison transfers, inter-prison visits and to enable certain prisoners to travel to community based work placements. c) Hospital Escort and Bedwatch Activity where Prisoners require a period of supervision and confinement (including maternity) in hospital either for a scheduled in-patient procedure or following an emergency. The contract collectively comprises five other Schedules which variously provide the Terms & Conditions of Contract (Schedule A); contract Pricing (Schedule C); Performance Measures and Service Credits (Schedule D); list of Premises where the services may be performed (Schedule E) and the Service Provider’s operational proposal (Schedule F). Part 2 of Schedule C indicates the monthly baseline volumes of activity which the service provider has priced to deliver. The Performance Measures (Schedule D) are separated into two groups: Group A, states time sensitive Performance Measures relating to the collection, arrival, departure and return of prisoners; and Group B, states Performance Measures relating to the general management, care, custody and welfare aspects of the service provisions. In discharging the services, the overriding priorities for the service provider are the prevention of escape, protection of the public, and the security, safety and welfare of the prisoners in custody. Equally important are the requirements to avoid and minimise prisoner release in error and adherence to the principles and specific obligations specified in the contract. End of Overview Page Court Custody and Prisoner Escort Services Schedule A: Terms & Conditions of Contract Contract Number 00846 March 2011 COURT CUSTODY AND PRISONER ESCORT SERVICES IN SCOTLAND SCHEDULE A TERMS & CONDITIONS OF CONTRACT CONTRACT 00846 Court Custody and Prisoner Escort Services Schedule A: Terms & Conditions of Contract Contract Number 00846 March 2011 This is Schedule A referred to in the foregoing Contract number 00846 between the Scottish Ministers and G4S Care and Justice Service (UK) Limited PART 1 OF SCHEDULE A – TERMS AND CONDITIONS OF CONTRACT TABLE OF CONTENTS 1. DEFINITIONS 2. INTERPRETATION 3. PERIOD OF CONTRACT 4. THE SERVICES 5. MANNER OF CARRYING OUT THE SERVICES 6. SERVICE PROVIDER’S STAFF 7. SUSPENSION OF SERVICE PROVIDER STAFF 8. SECURITY 9. CONFLICTS OF INTEREST 10. QUALITY MANAGEMENT SYSTEM 11. RETURN OF DOCUMENTS 12. INSTRUCTIONS 13. VARIATION OF THE CONTRACT 14. PERFORMANCE MEASURES AND SERVICE CREDITS 15. SERVICE PROVIDER’S STATUS 16. HEALTH & SAFETY, AND FIRE SAFETY 17. WARRANTY AND GUARANTEE 18. DISCRIMINATION 19. PRICE 20. PAYMENT 21. RECOVERY OF SUMS DUE 22. AUDIT 23. PREVENTION OF CORRUPTION 24. SEVERABILITY 25. WAIVER 26. PATENTS, INFORMATION & COPYRIGHT 27. INDEMNITY AND INSURANCE 28. CONFIDENTIALITY 29. PUBLICITY 30. DATA PROTECTION ACT 31. INDUSTRIAL ACTION 32. REMEDIES CUMULATIVE 33. IMPROVEMENT AND DEFAULT NOTICES 34. TERMINATION 35. ASSIGNATION AND SUB-CONTRACTING