details of the finding; and the steps the Service Provider has taken to remedy the situation. 10.4 TUPE RE-TENDERING 10.4.1 In the event of expiry or termination of this Rolling Select List Agreement or any Final Individual Placement Agreement or whenever reasonably requested by the Council in preparation for tendering arrangements the Service Provider will provide the Council with such assistance as the Council may require and provide at no cost to the Council any information the Council (whether on its own account or on behalf of any potential or confirmed replacement Service Provider) may request in relation to the Staff including but not limited to, providing employee liability information as required under Regulation 11 of TUPE. 10.4.2 The Service Provider authorises the Council to pass any information supplied by the Service Provider, to any Replacement Service Provider or potential Replacement Service Provider and the Service Provider will secure all necessary consents from relevant Staff in order to do this. 10.4.3 The Service Provider will keep the Council and any Replacement Service Provider indemnified in full against all Liabilities arising directly or indirectly in connection with any breach of this clause or inaccuracies in or omissions from the information provided. 11. SUSPENSION AND TERMINATION OF THE AGREEMENT 11.1 Suspension 11.1.1 The Council may suspend any Final Individual Placement Agreement (or any part of) or may suspend the Service Provider from this Rolling Select List Agreement with immediate effect by serving a notice on the Service Provider if: 11.1.1.1 the Council is of the opinion the Service Provider is causing concern in its ability to maintain a satisfactory standard of Services to its existing Looked after Child, Young Person or Family receiving the Services; 11.1.1.2 the Service Provider fails to meet the quality and performance arrangements outlined in the Specification; 11.1.1.3 the Service Provider fails to maintain its ability and capacity in respect of the Services in accordance with Clause 2.3; 11.1.1.4 the Service Provider fails to comply with Clause 6; 11.1.1.5 there is an unsatisfactory report from a statutory agency (including but not limited to OFSTED, the Care Quality Commission, the Health and Safety Executive, an Environmental Health department within a local authority, a Fire Authority and or the Contract and Commissioning Unit); Council’s
details of the finding; and the steps the Service Provider has taken to remedy the situation. 10.4 TUPE RE-TENDERING 10.4.1 In the event of expiry or termination of this Rolling Select List Agreement or any Final Individual Placement Agreement or whenever reasonably requested by the Council in preparation for tendering arrangements the Service Provider will provide the Council with such assistance as the Council may require and provide at no cost to the Council any information the Council (whether on its own account or on behalf of any potential or confirmed replacement Service Provider) may request in relation to the Staff including but not limited to, providing employee liability information as required under Regulation 11 of TUPE. 10.4.2 The Service Provider authorises the Council to pass any information supplied by the Service Provider, to any Replacement Service Provider or potential Replacement Service Provider and the Service Provider will secure all necessary consents from relevant Staff in order to do this. 10.4.3 The Service Provider will keep the Council and any Replacement Service Provider indemnified in full against all Liabilities arising directly or indirectly in connection with any breach of this clause or inaccuracies in or omissions from the information provided. 11. SUSPENSION AND TERMINATION OF THE AGREEMENT 11.1 Suspension 11.1.1 The Council may suspend any Final Individual Placement Agreement (or any part of) or may suspend the Service Provider from this Rolling Select List Agreement with immediate effect by serving a notice on the Service Provider if: 11.1.1.1 the Council is of the opinion the Service Provider is causing concern in its ability to maintain a satisfactory standard of Services to its existing Looked after Child, Young Person or Family receiving the Services; 11.1.1.2 the Service Provider fails to meet the quality and performance arrangements outlined in the Specification; 11.1.1.3 the Service Provider fails to maintain its ability and capacity in respect of the Services in accordance with Clause 2.3; 11.1.1.4 the Service Provider fails to comply with Clause 6; 11.1.1.5 there is an unsatisfactory report from a statutory agency (including but not limited to OFSTED, the Care Quality Commission, the Health and Safety Executive, an Environmental Health department within a local authority, a Fire Authority and or the Council’s Contract and Commissioning Unit);