The Councils Obligations. 5.1 The Council: 5.1.1 shall provide the Standard Services within the BID Area at its own cost for the duration of the Term, 5.1.2 shall not use the BID Levy at any time to either fund or procure the Standard Services; 5.1.3 may provide different Standard Services, delayed Standard Services or no Standard Services in the event that it is not reasonably practicable to provide the Standard Services by reason of the following: (a) adverse weather conditions in the BID Area; (b) an excessive number of pedestrians in the BID Area which would impede or inhibit the carrying out of the Standard Services; (c) restrictions by the Police as to the persons and/or number of persons permitted access in the BID Area; (d) a traffic accident or major spillage in the BID Area; (e) marches, parades, film and theatre premieres, festivals and visits by VIPs in or affecting the BID Area where such activities directly impede or inhibit the Standard Services from being provided; or (f) any other reason in the BID Area or affecting the BID Area beyond the control of the Council provided always that the Council shall, if possible, provide the BID Company with reasonable notice in the event that the Council intends to provide different Standard Services, delayed Standard Services or no Standard Services as a result of any of the reasons mentioned in this clause and the Council shall, if possible, endeavour to recommence the Standard Service as soon as reasonably practicable to the same standard as was in place immediately before the change. 5.2 In the event that the Council intends to change the Standard Services significantly and permanently the Council shall, where possible, consult with the BID Company no less than six weeks prior to that change and such notice shall include: 5.2.1 a description of the part or parts of the Standard Services the Council intends to change; 5.2.2 a detailed explanation of why the Council intends to change such Standard Services; and 5.2.3 the date on which the Council intends to change the Standard Services. 5.3 Upon receipt of a Performance Notice from the BID Company to the Council, the Council shall: 5.3.1 carry out a review of the Standard Services identified in such Performance Notice; 5.3.2 consult with the BID Company on any action plan arising from such review to secure improvements in the provision of such Standard Services; 5.3.3 use reasonable endeavours to secure the improvement of such Standard Services from their provider; and 5.3.4 keep the BID Company informed of the Council’s actions and progress in carrying out the action plan.
Appears in 2 contracts
Samples: Agreement for the Baseline Provision of Cleansing, Highways and Neighbourhood Problem Solving and Community Engagement Services, Agreement for the Baseline Provision of Cleansing, Highways and Neighbourhood Problem Solving and Community Engagement Services
The Councils Obligations. 5.1 4.1. The CouncilCouncil agrees to the following in consideration of the BID Company operating the BID Arrangements and entering into the Operating Agreement:
5.1.1 shall 4.1.1. To provide the Standard Services within the BID Area at its own cost for the duration of Term;
4.1.2. Subject to clauses 4.1.3 and 4.1.4 below, the Term,
5.1.2 Council shall not use reduce the BID Levy at any time to either fund or procure the Standard Services;
5.1.3 may provide different Standard Services, delayed Standard Services or no Standard Services in the event that BID Area during the Term. Where the Council intends to reduce or withdraw part or all of the Services for the reason set out at clause 4.1.4 below, it is shall not reasonably practicable to provide disproportionately reduce the Standard Services by reason of the following:
(a) adverse weather conditions in the BID Area;
(b) an excessive number of pedestrians in the BID Area which would impede or inhibit as compared to other areas within the carrying out London Borough of the Standard ServicesCamden;
(c) restrictions by the Police as to the persons and/or number of persons permitted access in the BID Area;
(d) a traffic accident or major spillage in the BID Area;
(e) marches, parades, film and theatre premieres, festivals and visits by VIPs in or affecting the BID Area where such activities directly impede or inhibit the Standard Services from being provided; or
(f) any other reason in the BID Area or affecting the BID Area beyond the control of the Council provided always that the Council shall, if possible, provide the BID Company with reasonable notice in the event that the Council intends to provide different Standard Services, delayed Standard Services or no Standard Services as a result of any of the reasons mentioned in this clause and the Council shall, if possible, endeavour to recommence the Standard Service as soon as reasonably practicable to the same standard as was in place immediately before the change.
5.2 4.1.3. In the event that the Council intends to change the becomes statutorily barred from providing any part or all of those Standard Services significantly set out in Table’s 1, 3 and permanently 4 of Schedule 2 it shall carry out the Council shall, where possible, consult with following for the BID Company:
(a) identify to the BID Company no less than six weeks prior to that change and such notice shall include:
5.2.1 a description of the which part or parts of the Standard Services the Council intends it is statutorily unable to changeprovide;
5.2.2 (b) provide to the BID Company a detailed explanation of why such identified Standard Service is to be withdrawn including the Council intends relevant change in law which has precipitated the change to change such the Standard Services; and;
5.2.3 (c) inform the BID Company of the date on upon which the Council will cease to operate the identified Standard Service.
4.1.4. In the event that the Council wishes or intends to change reduce the level or volume of the Standard Services.
5.3 Upon receipt Services in the BID Area because of the Standard Services in the BID Area because of a Performance Notice from reduction in the BID Company level of funding provided to the Councilrelevant Council directorate or department for the provision of services the same as the Standard Services as a matter of policy, the Council shall:
5.3.1 (a) identify to the BID Company which part of parts of the Standard Services it intends to reduce or withdraw;
(b) provide to the BID Company satisfactory evidence that the reduction in volume or removal of Standard Services is a matter of Council policy and that such reduction or removal of services is being applied equitably across the London Borough of Camden and not disproportionately to the BID Area;
(c) inform the BID Company of date upon which the Standard Service will be reduced or withdrawn.
4.1.5. To use reasonable endeavours to liaise with and (where the Council considers it to be practicable) put in place such partnering arrangements (of a formal or informal nature) with the Complementary Service Provider where the Complementary Services are complementary to or are of a similar nature to the Standard Services.
4.1.6. To take account of such recommendations in the carrying out or provision of the Standard Services as may be made by the Standard Services Review Panel.
4.1.7. Upon receipt of a Failure Notice from the BID Company, to carry out a review of the Council’s performance of the Standard Service and use best endeavours to secure the necessary improvement to the Standard Services identified in such Performance Notice;
5.3.2 consult with where the BID Company on any action plan arising from such review Failure Notice relates to secure improvements in the standard or quality of the Standard Services or where this Failure Notice relates to a failure to provide all or part of the Standard Services shall resume or procure the provision of such Standard Services;
5.3.3 use reasonable endeavours to secure the improvement of such Standard Services from their provider; and
5.3.4 keep the BID Company informed with one (1) month of the Council’s actions and progress in carrying out service of the action planFailure Notice.
Appears in 2 contracts
Samples: Baseline Agreement for the Provision of Cleansing, Highways and Enforcement Services, Baseline Agreement for the Provision of Cleansing, Highways and Enforcement Services
The Councils Obligations. 5.1 The Council:
5.1.1 shall will provide the Standard Services within the BID Area at its own cost for the duration of the Term,
5.1.2 shall will not use the BID Levy at any time to either fund or procure the Standard Services;
5.1.3 may provide different Standard Services, delayed Standard Services or no Standard Services in the event that it is not reasonably practicable to provide the Standard Services by reason of the following:
(aI) adverse weather conditions in the BID Area;
(bII) an excessive number of pedestrians in the BID Area which would impede or inhibit the carrying out of the Standard Services;
(cIII) restrictions by the Police as to the persons and/or number of persons permitted access in the BID Area;
(dIV) a traffic accident or major spillage in the BID Area;
(eV) marches, parades, film and theatre premieres, festivals and visits by VIPs in or affecting the BID Area where such activities directly impede or inhibit the Standard Services from being provided; or;
(fVI) any other reason in the BID Area or affecting the BID Area beyond the control of the Council provided always that the Council shallshall first and, if possible, provide the BID Company with reasonable notice in the event that the Council intends to provide different Standard Services, delayed Standard Services or no Standard Services as a result of any of the reasons mentioned in this clause and the Council shall, if possible, endeavour to recommence the Standard Service as soon as reasonably practicable to the same standard as it was in place immediately before the change.
5.2 In the event that the Council intends to change the Standard Services significantly and permanently the Council shall, where possible, shall consult with the BID Company no less than six 6 weeks prior to that change change, if possible, and such notice shall include:
5.2.1 a description of the part or parts of the Standard Services the Council intends to change;
5.2.2 a detailed explanation of why the Council intends to change such Standard Services; and;
5.2.3 the date on which the Council intends to change the Standard Services.
5.3 Upon receipt of a Performance Notice from the BID Company to the CouncilCompany, the Council shall:
5.3.1 shall carry out a review of the performance and the carrying out of the Standard Services identified in by the contractor or provider of the Standard Services and to use its best endeavours to secure the improvement of the Standard Services from such Performance Notice;
5.3.2 contractor or provider and to consult with the BID Company on any the action plan arising from such review review, to secure improvements in the provision of such Standard Services;
5.3.3 use reasonable endeavours to secure the improvement of such Standard Services from their provider; and
5.3.4 improvements, if possible, and keep the BID Company informed of the Council’s actions and progress in carrying out the action plan.
Appears in 2 contracts
Samples: Operating Agreement, Operating Agreement
The Councils Obligations. 5.1 The Council:
5.1.1 shall will provide the Standard Services within the BID Area at its own cost for the duration of the Term,
5.1.2 shall will not use the BID Levy at any time to either fund or procure the Standard Services;
5.1.3 may provide different Standard Services, delayed Standard Services or no Standard Services in the event that it is not reasonably practicable to provide the Standard Services by reason of the following:
(aI) adverse weather conditions in the BID AreaBID;
(bII) an excessive number of pedestrians in the BID Area which would impede or inhibit the carrying out of the Standard Services;
(cIII) restrictions by the Police police as to the persons and/or number of persons permitted access in the BID AreaBID;
(dIV) a traffic accident or major spillage in the BID Area;
(eV) marches, parades, film and theatre premieres, festivals and visits by VIPs in or affecting the BID Area where such activities directly impede or inhibit the Standard Services from being provided; or;
(fVI) any other reason in the BID Area or affecting the BID Area beyond the control of the Council provided always that the Council shallshall first and, if possible, provide the BID Company with reasonable notice in the event that the Council intends to provide different Standard Services, delayed Standard Services or no Standard Services as a result of any of the reasons mentioned in this clause and the Council shall, if possible, endeavour to recommence the Standard Service as soon as reasonably practicable to the same standard as it was in place immediately before the change.
5.2 In the event that the Council intends to change the Standard Services significantly and permanently the Council shall, where possible, shall consult with the BID ID Company no less than six 6 weeks prior to that change change, if possible, and such notice shall include:
5.2.1 a description of the part or parts of the Standard Services the Council intends to change;
5.2.2 a detailed explanation of why the Council intends to change such Standard Services; and;
5.2.3 the date on which the Council intends to change the Standard Services.
5.3 Upon receipt of a Performance Notice from the BID Company Company, to the Council, the Council shall:
5.3.1 carry out a review of the performance and the carrying out of the Standard Services identified in by the contractor or provider of the Standard Services and to use its best endeavours to secure the improvement of the Standard Services from such Performance Notice;
5.3.2 contractor or provider and to consult with the BID Company on any the action plan arising from such review review, to secure improvements in the provision of such Standard Services;
5.3.3 use reasonable endeavours to secure the improvement of such Standard Services from their provider; and
5.3.4 improvements, if possible, and keep the BID Company informed of the Council’s actions and progress in carrying out the action plan.
Appears in 1 contract
Samples: Baseline Agreement for Services
The Councils Obligations. 5.1 The Council:
5.1.1 shall will provide the Standard Services within the BID Area at its own cost for the duration of the BID Term,;
5.1.2 shall will not use the BID Levy at any time to either fund or procure the Standard Services;
5.1.3 may provide different Standard Services, delayed Standard Services or no Standard Services in the event that it is not reasonably practicable to provide the Standard Services by reason of the following:
(aI) adverse Adverse weather conditions in the BID Area;
(bII) an An excessive number of pedestrians in the BID Area which would impede or inhibit the carrying out of the Standard Services;
(cIII) restrictions Restrictions by the Police as to the persons and/or number of persons permitted access in the BID Area;
(dIV) a A traffic accident or major spillage in the BID Area;
(eV) marchesMarches, parades, film and theatre premieres, festivals and visits by VIPs in or affecting the BID Area where such activities directly impede or inhibit the Standard Services from being provided; or;
(fVI) any Any other reason in the BID Area or affecting the BID Area beyond the control of the Council Council
5.2 provided always that the Council shallshall first and, if possible, provide the BID Company with reasonable notice in the event that the Council intends to provide different Standard Services, delayed Standard Services or no Standard Services as a result of any of the reasons mentioned in this clause and the Council shall, if possible, endeavour to recommence the Standard Service as soon as reasonably practicable to the same standard as it was in place immediately before the change.
5.2 5.3 In the event that the Council intends to change the Standard Services significantly and permanently the Council shall, where possible, shall consult with the BID Company no less than six 6 weeks prior to that change change, if reasonably possible, and such notice shall include:
5.2.1 (a) a description of the part or parts of the Standard Services the Council intends to change;
5.2.2 (b) a detailed explanation of why the Council intends to change such Standard Services; and;
5.2.3 the (c) The date on which the Council intends to change the Standard Services.; and
5.3 (d) How it intends to consult the recipients of these Services on the changes proposed
5.4 Upon receipt of a Performance Notice from the BID Company Company, to the Council, the Council shall:
5.3.1 carry out a review of the performance and the carrying out of the Standard Services identified in by the contractor or provider of the Standard Services and to use its reasonable endeavours to secure the improvement of the Standard Services from such Performance Notice;
5.3.2 contractor or provider and to consult with the BID Company on any the action plan arising from such review to secure improvements in the provision of such Standard Services;
5.3.3 use reasonable endeavours to secure the improvement of such Standard Services from their provider; and
5.3.4 improvements, if possible, and keep the BID Company informed of the Council’s actions and progress in carrying out the action plan.
Appears in 1 contract
Samples: Baseline Agreement for the Provision of Standard Services
The Councils Obligations. 5.1 The Council:
5.1.1 shall will provide the Standard Services within the BRS-BID Area at its own cost for the duration of the Term,
5.1.2 shall will not use the BRS-BID Levy at any time to either fund or procure the Standard Services;
5.1.3 may provide different Standard Services, delayed Standard Services or no Standard Services in the event that it is not reasonably practicable to provide the Standard Services by reason of the following:
(aI) adverse weather conditions in the theBRS- BID Area;
(bII) an excessive number of pedestrians in the BRS-BID Area which would impede or inhibit the carrying out of the Standard Services;
(cIII) restrictions by the Police as to the persons and/or number of persons permitted access in the BRS-BID Area;
(dIV) a traffic accident or major spillage in the BRS-BID Area;
(eV) marches, parades, film and theatre premieres, festivals and visits by VIPs in or affecting the BRS-BID Area where such activities directly impede or inhibit the Standard Services from being provided; or;
(fVI) any other reason in the BRS-BID Area or affecting the BRS-BID Area beyond the control of the Council provided always that the Council shallshall first and, if possible, provide the BRS- BID Company with reasonable notice in the event that the Council intends to provide different Standard Services, delayed Standard Services or no Standard Services as a result of any of the reasons mentioned in this clause and the Council shall, if possible, endeavour to recommence the Standard Service as soon as reasonably practicable to the same standard as it was in place immediately before the change.
5.2 In the event that the Council intends to change the Standard Services significantly and permanently the Council shall, where possible, shall consult with the BRS-BID Company no less than six 6 weeks prior to that change change, if possible, and such notice shall include:
5.2.1 a description of the part or parts of the Standard Services the Council intends to change;
5.2.2 a detailed explanation of why the Council intends to change such Standard Services; and;
5.2.3 the date on which the Council intends to change the Standard Services.
5.3 Upon receipt of a Performance Notice from the BRS-BID Company Company, to the Council, the Council shall:
5.3.1 carry out a review of the performance and the carrying out of the Standard Services identified in such Performance Notice;
5.3.2 consult with by the BID Company on any action plan arising from such review contractor or provider of the Standard Services and to secure improvements in the provision of such Standard Services;
5.3.3 use reasonable its best endeavours to secure the improvement of such the Standard Services from their provider; and
5.3.4 such contractor or provider and to consult with the BRS-BID Company on the action plan arising from such review, to secure such improvements, if possible, and keep the BRS-BID Company informed of the Council’s actions and progress in carrying out the action plan.
Appears in 1 contract
Samples: Baseline Agreement
The Councils Obligations. 5.1 4.1. The CouncilCouncil agrees to the following in consideration of the BID Company operating the BID Arrangements and entering into the Operating Agreement:
5.1.1 shall 4.1.1. To provide the Standard Services within the BID Area at its own cost for the duration of Term;
4.1.2. Subject to clauses 4.1.3 and 4.1.4 below, the Term,
5.1.2 Council shall not use reduce the BID Levy at any time to either fund or procure the Standard Services;
5.1.3 may provide different Standard Services, delayed Standard Services or no Standard Services in the event that it is not reasonably practicable BID Area during the Term. Where the Council intends to provide reduce or withdraw part or all of the Standard Services by for the reason of set out at clause 4.1.4 below, it shall not disproportionately reduce the following:
(a) adverse weather conditions in the BID Area;
(b) an excessive number of pedestrians Standard Services in the BID Area which would impede or inhibit as compared to other areas within the carrying out London Borough of the Standard ServicesCamden;
(c) restrictions by the Police as to the persons and/or number of persons permitted access in the BID Area;
(d) a traffic accident or major spillage in the BID Area;
(e) marches, parades, film and theatre premieres, festivals and visits by VIPs in or affecting the BID Area where such activities directly impede or inhibit the Standard Services from being provided; or
(f) any other reason in the BID Area or affecting the BID Area beyond the control of the Council provided always that the Council shall, if possible, provide the BID Company with reasonable notice in the event that the Council intends to provide different Standard Services, delayed Standard Services or no Standard Services as a result of any of the reasons mentioned in this clause and the Council shall, if possible, endeavour to recommence the Standard Service as soon as reasonably practicable to the same standard as was in place immediately before the change.
5.2 4.1.3. In the event that the Council intends to change the becomes statutorily barred from providing any part or all of those Standard Services significantly set out in Table’s 1, 3 and permanently 4 of Schedule 2 it shall carry out the Council shall, where possible, consult with following for the BID Company:
(a) identify to the BID Company no less than six weeks prior to that change and such notice shall include:
5.2.1 a description of the which part or parts of the Standard Services the Council intends it is statutorily unable to changeprovide;
5.2.2 (b) provide to the BID Company a detailed explanation of why such identified Standard Service is to be withdrawn including the Council intends relevant change in law which has precipitated the change to change such the Standard Services; and;
5.2.3 (c) inform the BID Company of the date on upon which the Council will cease to operate the identified Standard Service.
4.1.4. In the event that the Council wishes or intends to change reduce the level or volume of the Standard Services in the BID Area because of a reduction in the level of funding provided to the relevant Council directorate or department for the provision of services which are the same as the Standard Services.
5.3 Upon receipt , as a matter of a Performance Notice from the BID Company to the Councilpolicy, the Council shall:
5.3.1 (a) identify to the BID Company which part of parts of the Standard Services it intends to reduce or withdraw;
(b) provide to the BID Company satisfactory evidence that the reduction in volume or removal of Standard Services is a matter of Council policy and that such reduction or removal of services is being applied equitably across the London Borough of Camden and not disproportionately to the BID Area;
(c) inform the BID Company of date upon which part or parts the Standard Service will be reduced or withdrawn.
4.1.5. To use reasonable endeavours to liaise with and (where the Council considers it to be practicable) put in place such partnering arrangements (of a formal or informal nature) with the Complementary Service Provider where the Complementary Services are complementary to or are of a similar nature to the Standard Services.
4.1.6. To take account of such recommendations in the carrying out or provision of the Standard Services as may be made by the Standard Services Review Panel.
4.1.7. Upon receipt of a Failure Notice from the BID Company, to carry out a review of the Council’s performance of the Standard Service and use best endeavours to secure the necessary improvement to the Standard Services identified in such Performance Notice;
5.3.2 consult with where the BID Company on any action plan arising from such review Failure Notice relates to secure improvements in the standard or quality of the Standard Services or where this Failure Notice relates to a failure to provide all or part of the Standard Services shall resume or procure the provision of such Standard Services;
5.3.3 use reasonable endeavours to secure the improvement of such Standard Services from their provider; and
5.3.4 keep the BID Company informed with one (1) month of the Council’s actions and progress in carrying out service of the action planFailure Notice.
Appears in 1 contract
Samples: Baseline Agreement for the Provision of Cleansing, Highways and Enforcement Services
The Councils Obligations. 5.1 The CouncilCouncil agrees to the following:
5.1.1 shall to provide the Standard Services within the BID Area at its own cost for the duration of the BID Term,;
5.1.2 shall to not use the BID Levy Xxxx at any time to either fund or procure the Standard Services;
5.1.3 may to provide different Standard Services, delayed Standard Services or no Standard Services in the event that it is not reasonably practicable to provide the Standard Services by reason of the following:
(a) 5.1.3.1 insufficient funds being available for the specified service identified in Schedule 1 Part 2;
5.1.3.2 adverse weather conditions in or affecting the BID Area;
(b) 5.1.3.3 an excessive number of pedestrians in the BID Area which would impede or inhibit the carrying out of the Standard Services;
(c) 5.1.3.4 restrictions by the Police as to the persons and/or number of persons permitted access in the BID Area;
(d) 5.1.3.5 a traffic accident or major spillage in the BID Area;
(e) 5.1.3.6 marches, parades, film and theatre premieres, festivals and visits by VIPs VIPS in or affecting the BID Area where such activities directly impede or inhibit the Standard Services from being provided; or;
(f) 5.1.3.7 any other reason in the BID Area or affecting the BID Area beyond the control of the Council provided always PROVIDED ALWAYS that the Council shallshall first and, if possible, provide the BID Company with reasonable notice notice, including, if any, details of how the BID Company can assist in rectifying the problem, in the event that the Council intends intends, or has been forced, to provide different Standard Services, delayed Standard Services or no Standard Services as a result of any of the reasons mentioned in this clause Clause 5.1.3 and the Council shall, if possible, endeavour to recommence the Standard Service as soon as reasonably practicable to the same standard as was in place immediately being provided before the change.;
5.2 In 5.1.4 in the event that the Council intends is unable to change continue to provide all or any part of the Standard Services significantly and permanently the Council shall, where possible, consult with within the BID Company no less than six weeks prior Area on account of its being statutorily barred from doing so in respect of any of those Standard Services set out in Part 1 of Schedule 1 or its having insufficient funds to that change and such notice secure the provision of any of those Standard Services set out in Part 2 of Schedule 1 it shall includecarry out the following for the BID Company:
5.2.1 a description of the 5.1.4.1 identify which part or parts of the Standard Services the Council intends it is unable to changeprovide;
5.2.2 5.1.4.2 provide a detailed explanation of why the Council intends such identified Standard Service is to change such Standard Servicesbe withdrawn; and
5.2.3 5.1.4.3 state the date on upon which the Council intends will cease to change operate the identified Standard Service;
5.1.5 to implement such recommendations in the carrying out or provision of the Standard Services.Services as may be made by the Standard Services Review Panel;
5.3 Upon 5.1.6 within one month prior to a Best Value Review to notify the BID Company informing it of the timescales for carrying out the Best Value Review;
5.1.7 pursuant to Clause 5.1.6 above to review the provision of the Standard Services as part of the Best Value Review process and where appropriate and agreed with the BID Company to update the Standard Services in accordance with the conclusions reached as part of the Best Value Review;
5.1.8 upon receipt of a Performance Failure Notice from the BID Company to the Council, the Council shallto:
5.3.1 5.1.8.1 carry out a review of the performance of the contractor or provider of the Standard Services identified in such Performance NoticeService;
5.3.2 consult with the BID Company on any action plan arising from such review 5.1.8.2 to secure improvements in the provision of such Standard Services;
5.3.3 use reasonable endeavours to secure the improvement of such the Standard Services Service from their the contractor or provider; and
5.3.4 keep 5.1.8.3 in the event of a continued failure by such provider or contractor to advise the BID Company informed of the measures to be taken by the Council to rectify the failure as soon as practicable including action to enforce the performance by the provider or contractor of its obligation to the Council.
5.1.9 to use reasonable endeavours to liase with and (where the Council considers it to be practicable) put in place such partnering arrangements (of a formal or informal nature) with the Additional Service Provider where the Additional Service(s) is of a similar nature to the Standard Service(s) and to liaise with the Additional Service Provider (where appropriate) for the purposes of conducting a Best Value Review.
5.1.10 To ensure that the Council’s actions and progress in carrying out contractors cooperate fully with any additional service provider operating within the action planBID Area.
Appears in 1 contract
Samples: Baseline Agreement for Provision of Standard Services
The Councils Obligations. 5.1 The Council:
5.1.1 shall will provide the Standard Services within the BID Area at its own cost for the duration of the BID Term,;
5.1.2 shall will not use the BID Levy at any time to either fund or procure the Standard Services;
5.1.3 may provide different Standard Services, delayed Standard Services or no Standard Services in the event that it is not reasonably practicable to provide the Standard Services by reason of the following:
(aI) adverse Adverse weather conditions in the BID Area;
(bII) an An excessive number of pedestrians in the BID Area which would impede or inhibit the carrying out of the Standard Services;
(cIII) restrictions Restrictions by the Police as to the persons and/or number of persons permitted access in the BID Area;
(dIV) a A traffic accident or major spillage in the BID Area;
(eV) marchesMarches, parades, film and theatre premieres, festivals and visits by VIPs in or affecting the BID Area where such activities directly impede or inhibit the Standard Services from being provided; or;
(fVI) any Any other reason in the BID Area or affecting the BID Area beyond the control of the Council Council
5.2 provided always that the Council shallshall first and, if possible, provide the BID Company with reasonable notice in the event that the Council intends to provide different Standard Services, delayed Standard Services or no Standard Services as a result of any of the reasons mentioned in this clause and the Council shall, if possible, endeavour to recommence the Standard Service as soon as reasonably practicable to the same standard as it was in place immediately before the change.
5.2 5.3 In the event that the Council intends to change the Standard Services significantly and permanently the Council shall, where possible, shall consult with the BID Company no less than six 6 weeks prior to that change change, if possible, and such notice shall include:
5.2.1 (a) a description of the part or parts of the Standard Services the Council intends to change;
5.2.2 (b) a detailed explanation of why the Council intends to change such Standard Services; and;
5.2.3 (c) the date on which the Council intends to change the Standard Services.
5.3 Upon receipt of a Performance Notice from the BID Company to the Council, the Council shall:
5.3.1 carry out a review of the Standard Services identified in such Performance Notice;
5.3.2 consult with the BID Company on any action plan arising from such review to secure improvements in the provision of such Standard Services;
5.3.3 use reasonable endeavours to secure the improvement of such Standard Services from their provider; and
5.3.4 keep the BID Company informed of the Council’s actions and progress in carrying out the action plan.
Appears in 1 contract
Samples: Baseline Agreement for the Provision of Standard Services