five districts corporate services project service specification: … · 2016. 12. 20. · current...
TRANSCRIPT
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Five Districts Corporate Services
Project
- Service Specification:
- property management
March
2016
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Contents
1. Introduction ............................................................................................................................................... 3
2. Scope ......................................................................................................................................................... 4
3. Service Requirements ................................................................................................................................ 7
4. Corporate /Cross Cutting Requirements ................................................................................................. 27
5. Key Performance Indicators .................................................................................................................... 28
6. Definitions and Glossary ......................................................................................................................... 30
7. Relevant Information .............................................................................................................................. 31
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1.Introduction
This service specification represents the requirements of Hart District Council, Havant Borough Council, Mendip District Council, South Oxfordshire District Council and Vale of White Horse District Council, hereafter known as the Councils.
In developing their requirements the Councils have recognised that the expectations of service users, and the financial, technological and legislative environment in which the Councils operate will change. The Councils expect their partner(s) to deliver best in class performance throughout the contract period and this is expressed in terms of:
(i) Delivering the individual service requirements as specified for all Councils
(ii) Supporting the delivery of corporate outcomes common to all of the Councils that cut across one or more of the services in the scope of this partnership
(iii) Delivering specific outputs and outcomes for individual Councils
For the avoidance of doubt it should be assumed that such delivery will be in accordance with all prevailing legislation and generally accepted codes of practice from relevant bodies such as CIPFA, RICS, IRRV etc.(unless specifically highlighted otherwise).
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2.Scope The following functions are included within the scope of this service:
REF Service Component Hart Havant South Vale
Asset management
AMM01 Asset management plan (AMP) Yes Yes Yes Yes
AMM02 Property and Asset Management System Yes Yes Yes Yes
AMM03 Reporting Yes Yes Yes Yes
AMM04 Plan production Yes Yes Yes Yes
AMM05 Budget Yes Yes Yes Yes
AMM06 Town centre Regeneration No Yes No No
AMM07 Strategic property strategy and review No Yes No No
AMM08 Procurement strategy for property issues No Yes No No
AMM09 Development Consultancy No Yes No No
AMM10 Compulsory Purchase No Yes No No
AMM11 Project Management and Professional Services No Yes No No
Property services
PROP01 Commercial estate management No Yes Yes Yes
PROP02 Grant and renewal of leases and tenancies Yes Yes Yes Yes
PROP03 Lease alienation Yes Yes Yes Yes
PROP04 Landlord consents and approvals Yes Yes Yes Yes
PROP05 Rent reviews Yes Yes Yes Yes
PROP06 Dilapidations Yes Yes Yes Yes
PROP07 Leases granted to the council Yes Yes Yes Yes
PROP08 Lease breaks and expiries Yes Yes Yes Yes
PROP09 Service charges Yes Yes Yes Yes
PROP10 Valuations Yes Yes Yes Yes
PROP11 Encroachments Yes Yes Yes Yes
PROP12 Planning applications and advice Yes Yes Yes Yes
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PROP13 Release or consent of covenants on title Yes Yes Yes Yes
PROP14 Rating support and appeals Yes Yes Yes Yes
PROP15 Wayleaves and Easements Yes Yes Yes Yes
PROP16 Party Wall awards Yes Yes Yes Yes
PROP17 Neighbourly matters Yes Yes Yes Yes
PROP18 Acquisitions Yes Yes Yes Yes
PROP19 Disposals Yes Yes Yes Yes
PROP20 Inter-department portfolio (if required) Yes Yes Yes Yes
PROP21 Debtor billing and control Yes Yes Yes Yes
Building services
BS01 Reactive repairs and maintenance Yes Yes Yes Yes
BS02 Condition surveys Yes Yes Yes Yes
BS03 Planned preventative maintenance Yes Yes Yes Yes
BS04 Building surveying services Yes Yes Yes Yes
BS05 Energy & utilities Yes Yes Yes Yes
BS06 Statutory compliance Yes Yes Yes Yes
BS07 Helpdesk Yes Yes Yes Yes
BS08 Maintenance of closed churchyards No No Yes Yes
Current models of property management at each Council
South and Vale
South and Vale do not follow a “Corporate Landlord” model of property management.
Services retain responsibility for operational property and this specification is written on the
basis that those services may or may not wish to buy into a corporate model. Services with
direct control of operational property include:
• Arts centre (Cornerstone)
• Leisure centres
• The Beacon, Wantage
• Car parks
• Public conveniences
• Council offices
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• Mobile home parks
• Temporary accommodation (housing)
The facilities team manage the public conveniences, council offices and mobile home parks.
The leisure team manage The Beacon, the arts team manage Cornerstone and the housing
team manage a small stock of temporary accommodation. The leisure centres are managed
by an external contractor (currently GLL) with an in house leisure facilities team managing
capital works and over-seeing the contract.
All remaining council properties, including investments and non-operational properties are
managed by the strategic property team who sit under economic development.
Hart
All asset and property management for Hart as identified in the matrix above is delivered by
an outsourced provider, whilst planned building maintenance, energy contracts and building
surveys are provided through Hampshire County Councils’ Term Maintenance Contract.
Reactive maintenance is provided as required by a local building company. Operational
property which is directly controlled by the relevant service team includes:
• Hart and Frogmore Leisure centres (currently anticipated that this service including
all building maintenance will be outsourced)
• Countryside workshop (Fleet Pond)
• Car parks (includes 3 public conveniences currently void)
• Council offices
• Community and tenanted buildings including: Hartlington Centre, Cross Barn, CAB
Yateley, Springwell Lane Depot, Southwood Pavillion, Frogmore Daycare centre
• Open Space and Common Land
The Council does not own any commercial or investment property.
Havant
The Havant property team provide a comprehensive professional property service to include
letting, management, valuation, maintenance (both reactive and planned) and dealing with all
other queries regarding its property portfolio.
The Council has a diverse portfolio including lettings at the Plaza to a range of commercial
property, numerous community, public and social buildings and areas of land for community
activities.
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3. Service Requirements
The service specific requirements of the Councils are as follows:
REF Service Component
Requirement Frequency / Volumes
Pricing Mechanism (Schedule 7.1 Annex 1)
GEN01 General requirements
The Service Provider shall provide the services specified in the contract in accordance with each councils’ constitution and within the policies set by each council which relate to the services. No changes in policy shall be implemented by the Service Provider without the prior, written instruction of the council.
The Service Provider shall comply with all general and specific legislation, regulations, guidance or practice notes and codes of practice which relate to the services. The Service Provider shall maintain an up-to-date knowledge of these matters and advise the council of any changes and their implications. The council undertakes to supply a copy to the Service Provider of any relevant documents it receives.
The Service Provider shall be responsible for the accuracy and safekeeping of all records relevant to the delivery of services, unless specifically forming part of other contractual arrangements or identified as the councils’ responsibility.
The Service Provider shall date-stamp all paper documents received by them and should hold all documents electronically and in a way that the council can access them upon request.
The councils shall remain responsible for the carrying out of all statutory powers, duties and responsibilities under relevant legislation and that no discretionary power or any decision making power shall pass to the Service Provider and such powers are retained in full at all times to be exercised by the council. All expressions within the Specification are to be interpreted within this over-riding context.
Fixed Price
GEN02 Records The Service Provider shall be responsible for the production of reports, summaries and statistical information relating to the services as required by the council. This will include a record of the works the Service Provider carries out for the council in a format that can be accessed by both parties.
Any subsequent, material, changes shall be agreed beforehand with the council. All such forms, documentation and records shall remain the property of the council and shall be returned to the council at the termination of the Contract.
Fixed Price
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The Service Provider shall respond to all enquiries and keep a record of these enquiries detailing nature of the enquiry, how it is received (email, face to face, phone call), deadline required to respond and actual time taken to respond. Where requested, the Service Provider should produce briefing notes and draft emails and letters for the council for the purpose of responding fully to enquiries. Should any matter of policy be involved then the Service Provider shall refer the matter to the contract manager for discussion and reply (or for the receipt of further instructions from the council).
The Service Provider will be expected to keep records of enquiries received in a form to be agreed with the contract manager
GEN03 Computer
Systems
The Service Provider shall be responsible for the provision,
operation and administration of any computer systems
relating to the services. The systems used shall be
compatible with council software and be capable of
communicating with the councils’ computer systems
including any databases or software used to record
council work or assets including the transfer of graphical
information. (Current council software - GroupWise,
Microsoft Office, AutoCad and GIS).
Fixed Price
GEN04 Customer Care
A summary of complaints received shall be passed monthly
to the contract manager, and any complaints that are not
resolved to the satisfaction of the complainant are to be
referred within two working days to the contract manager.
Fixed Price
GEN06 Personal
Enquiry Service
The enquiry service for telephone callers must be available between 8.30am and 5.00pm Monday to Thursday, and 8.30am and 4.30pm Friday (or such other times as the council offices are open to the public providing the council gives the Service Provider one month’s notice prior notice of any change and does not increase the hours by more than three hours per week). Information to be given includes all matters related to the Services in the Specification. Where an enquiry is mainly about the Services but also refers to other matters the Service Provider shall liaise with other parties as necessary and provide a co- ordinated response. If the Service Provider encounters difficulty in obtaining the necessary information from other parties (including the council) then this should be reported to the contract manager. The Service Provider shall deal with personal visits and enquiries relating to the services within the Specification. The service shall be provided to a standard that meets the councils’ standards (as above and as varied from time-to-time subject to the council giving one month’s notice to the Service Provider if significant changes are proposed).
Approx 3 – 5 calls per day
Fixed Price
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The face to face enquiry service for personal callers must be organised within five working days of the initial enquiry being made. The meetings are to be organised at the relevant council office between 8.30am and 5.00pm Monday to Thursday, and 8.30am to 4.30pm on Friday or on any day when the councils’ offices are open to the public or such other times as the council offices are open to the public providing the council gives the Service Provider one month’s prior notice of any change and such change does not increase the opening hours by more than three hours per week). The Service Provider is able to book and use the meeting/committee rooms and the rooms in the reception area at both councils for such purposes at no charge.
Information and advice to be given to personal callers includes all matters related to the services in the specification. When an enquiry is mainly about the services but also refers to other matters the Service Provider shall liaise with other parties necessary and provides a co-ordinated response. If the Service Provider encounters difficulty in obtaining the necessary information from other parties (including the council) then this should be reported to the contract manager.
Other correspondence such as emails and letters should be replied to in line with the Councils’ customer service standards and a monthly return submitted to the council.
GEN08 Liaison with
Third Parties
Except where matters of policy are involved, or unless notified by the council, the Service Provider shall undertake all contacts with third parties in respect of the services.
If the Service Provider should represent the council at inter- Council, parish or town council or user group meetings relevant to the services, he shall notify the council of matters on the agenda prior to the meeting and supply a copy of the minutes (or equivalent notes) of each meeting to the council. The council reserves the right to attend with the Service Provider and should a meeting be due to discuss matters where the presence of the Service Provider could result in a conflict of interests then the council reserves the right to attend instead of the Service Provider.
Fixed Price
GEN09 Professional
and
Technical
Advice
The Service Provider shall provide, on reasonable notice advice to the council on matters relating to the fixed services, which may be informal verbal advice or written advice and reports. Staff delivering any professional advice must be a RICS member (or other profession as appropriate) and competent in delivery in that area of expertise.
Fixed Price
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GEN10 Regulations The Education (School Premises) Regulations 1999; • Health and Safety at Work Act 1974; • Control of Substances Hazardous to Health Regulations 2002; • Control of Asbestos Regulations 2012; • Workplace (Health, Safety and Welfare) Regulations
1992; • The Construction (Design & Management) Regulations
2007; • codes of practice and British standards; • building regulations, planning permissions and other relevant statutory legislation; • Special Educational Needs and Disabil ity Act 2001; • The Town and Country Planning Act 1992; • Planning and Compulsory Purchase Act 2004; • DfES Building Bulletins, Design Notes, etc; • Equality Act 2010 • RNIB Best Practice; • BREEAM; • BRE digest reports and guidance notes; • Regulatory Reform (Fire Safety) Order 2005; • Local Government Act 1988; • Local Government Act 1972;
• Landlord and Tenant Act 1954
Fixed Price
GEN11 RICS
codes of
conduct
The Service Provider shall adhere to and work in a way which is fully compliant with RICS codes of practice, guidance notes and any other procedures issued by the institution which are relevant to the delivery of the services.
Fixed Price
AMM01 Asset
managemen
t plan
(AMP)
The Service Provider shall be responsible for the production, delivery, update and implementation (subject to Council approval and subsequent relevant support and co-operation) of the asset management plan (AMP) which will be aligned to the Commercial Estate Strategy (see PROP01) and Strategic Asset Management Plan (see AMM07).
The Service Provider shall review the plan and report
annually (or as otherwise required) against the plan
deliverables. The Service Provider shall be responsible
for maintaining and observing and acting in accordance
with the policy framework and procedures.
The Service Provider shall not make amendments to the
AMP without reference to the Councils save in the event
of organisational or legislative changes.
Current AMP’s to be provided which shows frequency
Fixed Price
AMM02 Property
and Asset
Manageme
nt System
(PAAMS)
The Service Provider shall supply an integrated asset
management system that is accessible by the Council over
the internet. The system shall hold all the Councils’
property data and the Service Provider shall keep it up to
date at all times.
The Service Provider shall ensure that the system
described includes (inter alia):-
• Web-based access;
Single repository for all property data including site addresses, areas, valuations, tenancy information and plant data;
• Benchmarking to enable the Council to measure
property performance across multiple areas
(such as energy consumption and backlog
maintenance);
• Secure ‘Portal’ access for contractors that can be
controlled by the system administrator and allow
third parties to safely load data remotely;
• IFRS compliant capital accounting functionality;
• The ability to interface with multiple industry
standard systems;
• Management of the Councils’ statutory health
and safety surveys with an ability to manage risk
using ‘RAG’ status;
• Raise works orders, monitor progress and report
across satisfaction levels, log call volumes and
provide statistical reporting;
• Management of CAD plans;
• Ability to output data for publication on the
councils’ websites in accordance with the DCLG
transparency agenda
Fixed Price
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Any system provided by the Service Provider must be
able to import data from the existing system.
The Service Provider shall manage all documentation
regarding the Councils’ portfolios to a standard that is
agreeable to the Councils acting as one client and in
accordance with best practice and the Councils’agreed
standardised compliance requirements. All
documentation shall remain the property of the
Councils.
The Service Provider must provide information to
members of the public relating to the Councils’
property ownership.
The data will remain in the ownership of the councils
and handed back at the end of the contract in a format
which is in an agreed standard.
The Provider must also publish property data in
accordance with the Localism Act 2011 and the
Government’s transparency agenda in at least a three
star format.
AMM03 Reporting The Service Provider shall provide the following reports to the
Council at the specified times:
• Business Rates Appeals o Appeals lodged, settled and outcomes
quarterly With the facility to request updates more regularly as and when required
Fixed Price
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• Landlord and Tenant
o Lease renewals outstanding by due date
o Lease renewals settled by due date
o Rent reviews outstanding by due date
o Rent reviews settled by due date
o Break dates coming up in the next year
• Disposals
o Properties declared surplus
o Position of each disposal (i.e. marketed, under offer)
o Number of disposals in financial year
o Valuations completed by type and date
• Condition Surveys completed against five-year rolling plan
• Statutory Surveys
o exception report of surveys not completed by due
date
o surveys due within the next quarter
• Backlog Maintenance
o Change by category and risk against baseline
• Reactive Repairs and Maintenance
o Spend by individual property against the following
categories and budget
• Building
• Mechanical and Electrical
• Planned Maintenance
• Spend by individual property against the
following categories and budget:
• Building
• Mechanical and Electrical
• Capital Projects
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Valuations Reporting (for Valuations see PROP10) - Except where otherwise agreed in writing in advance with the Council, all formal valuations will be carried in accordance with the current, latest edition of the RICS Valuation – Professional Standards (“Red Book”). Exceptions to this may include historical valuations, for which compliance with an earlier edition of the Red Book may be appropriate, and valuations prepared for purposes included within the permitted exceptions in the Red Book.
AMM04 Plans The Service Provider shall manage, maintain,
produce and update drawings including lease plans
and Ordnance Survey extract plans including base
information such as block / building / floor / room
levels and additional information relating to fabric
and services. These must be provided to any
service within the Councils at their request.
Weekly – approx 1 or 2 plans per week
Fixed Price
AMM05 Budget The Service Provider shall provide a comprehensive revenue income and expenditure estimate for the Councils’ in-scope Investment Estate Property Assets to comply with the Councils’ budget cycle. The Service Provider shall include in this report an estimate for income / expenditure for future financial years to take into account projected maintenance needs, scheduled rent reviews, scheduled lease renewals, known acquisitions, known disposals, other changes to the Councils’ property interests and major and minor items of expenditure associated with these properties. The Service Provider shall provide such information as may be required by the authorised Officer from time to time on the state of the budget or any part thereof and provide such reports / statements / budget summaries or listing as required.
Quarterly Fixed Price
AMM06 Town centre
Regeneration
Strategic Planning - The Provider will work in liaison with the economic development team to develop plans and strategies for the regeneration of each district’s town centres and other defined areas, using each councils’ land and property portfolio as a stimulus for regeneration.
Project Development - This will include negotiation
with third party landowners, town and parish
councils and developers for the planning of such
schemes. There will be a need to provide advice
and guidance to the Councils in relation to the
wider benefits that such regeneration schemes
play in terms of delivering wider economic
development benefits and other strategic
objectives for the Councils.
As required Time & Materials
AMM07 Strategic
property
strategy
and
review
The Service Provider will work with the Councils to provide appropriate strategic advice and/or develop a comprehensive estate strategy (Strategic Asset Management Plan - SAMP) setting out the business need and justification, any existing estate options or council strategies and implications, procurement and funding options and a recommended way forward which demonstrably best represents whole life value for money. The evidence will be underpinned with full risk and benefits analysis to allow the Councils to make informed decisions.
Advice should be provided in many areas
including but not limited to the following
areas:
• Asset management
• Development appraisal
• Investment appraisal / advice
• Property performance, including space
utilisation
• Regeneration, including the management of
major projects and calling on a multi-
disciplinary team who have the requisite skills
and expertise in mixed use urban planning
and development
The development of the Local Development
Framework and planning policy
Strategic property review to be completed annually in accordance with the SAMP (this may differ by Council)
One-off project in Year 1 of Havant to develop a new Havant SAMP - Fixed Fee
On-going obligation to refresh (Havant) SAMP annually - Fixed Fee Implementation of actions within the SAMP which require specific project work (e.g. including the 5 Steps of Business Case, Feasibility Study, Asset Development Review, Project Brief and Project Management) – Time & Materials
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AMM08 Procurement
strategy for
property
issues
Following the agreement of a specific business need resulting in a property requirement, the Service Provider will assess all aspects of the requirement and provide advice on the procurement strategy that best provides the optimum, value for money solution. Options may include PFI/PPP, temporary accommodation and serviced accommodation.
Advice may also be required on:
• Whole-life investment appraisals
• Private funding of rationalisation
schemes and property projects
• Market trends and rental forecasts
• Tax implications
• Risk transfer
• Residual values
• Development agreements
• Developer selection
• Estate rationalisation and review
• Funding.
As required Time & Materials NB specialists beyond core team may involve separate charge rates e.g. tax advice. Any would be agreed in advance with the Councils
AM09 Development
Consultancy
Assessment of private sector demand/market interest, the
preparation of development and marketing briefs,
the marketing and promotion of the development
opportunity, the undertaking
As required Time & Materials
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of master planning/feasibility work (possibly linking to the planning work area), the undertaking of valuations and development appraisals, advice on site assembly (linking to compulsory purchase), advice on delivery vehicles/mechanisms and implementation strategies, developer/partner selection.
AMM10 Compulsory
Purchase
The Service Provider will provide compulsory purchase advice. This will include, but not be restricted to, procedural, and negotiation advice. In circumstances where the Councils wish to promote a compulsory purchase order (“CPO”) to obtain powers to compulsorily acquire land from third parties the Service Provider will provide strategic and procedural advice on how to obtain those powers. In these cases the Service Provider will advise on all stages of the CPO process from inception through, attendance at public inquiry, possession and subsequent negotiation of property acquisition and compensation, if necessary by referral to the Lands Tribunal. In addition to this there may be a requirement for the negotiation and settlement of Part 1 claims.
In cases where a Council owns or occupies land
which is subject to a CPO being promoted by
another body the advice will
include potential objection to the CPO and
appearance at public inquiry, if appropriate and
the agreement of terms of withdrawal of
objections/undertakings. It will also include
negotiation for the sale of land and settlement
of compensation, if necessary by referral to the
Lands Tribunal.
As required Time & Materials
AMM11 Project
Management
and
Professional
services
The Service Provider shall provide Project Management and Professional Services including design and engineering
Volume Based or Time & Materials at council option See additional AM011 schedule of rates in Schedule 7.1 Annex 1
PROP01 Commercial
estate
management
The Service Provider shall be responsible for managing at least the
Councils’ investment estate and non-
operational Property assets. The portfolio shall
be managed in a manner that adheres to the
principles of good estate management and the
principle of maximising the income and
minimising void periods (unless agreed
otherwise with the Council). The Service
Provider shall manage and review periodically
the Councils’ letting protocol and use reasonable
professional skill and care to ensure that this is
adhered to at all times. This will include
developing and monitoring the Commercial
Portfolio strategy,
Ongoing Fixed Price
PROP02 Grant and The Service Provider shall manage the leasing of Property Assets
In accordance
NB NB
renewal of (including instructing other service providers such as legal)
with lease
leases and
tenancies
ensuring that all actions are taken within
required timescales and in line with RICS
guidance, the AMP (where appropriate) and the
schedules to be provided
Current portfolio - Fixed Price
Councils’ constitution, including its financial regulations.
Variations - Volume Based
The Service Provider will provide an initial report covering all
significant facts, setting out actions, negotiating strategies and
anticipated outcomes.
Following agreement with the Councils, the Service Provider will
undertake and manage negotiations through to a satisfactory
conclusion for the Councils and will provide a comprehensive final report to support a recommendation for agreement. Advice, including support preparing Lease Exemption Request business cases to the Councils, will take full account of the Councils’ best interest, subject to any overriding Exchequer interest, the statutory position, the Councils’ estate strategies, business needs, the condition of the building and the state of the market.
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PROP03 Lease
alienation
The Service Provider shall manage the leasing of Property Assets (including instructing other service providers such as legal)using reasonable professional skill and care to ensure that all actions are taken within required timescales and in line with RICS guidance, the AMP (where appropriate) and the Councils’ constitution, including financial regulations.
The Service Provider will undertake the
necessary searches on all proposed sub-tenants,
under-tenants and assignees and provide the
requisite instructions to legal services to
complete the transaction.
As required. Depends on market, approx 1 per quarter
Current portfolio - Fixed Price
Variations -
Volume Based
PROP04 Landlord
consents
and
approvals
The Service Provider shall manage Council property and use reasonable professional skill and care to ensure that works carried out by occupiers or lessees of Council owned property comply with good practice and are carried out in accordance with the terms of the agreement and consents issued by the Council and, where building work is involved, are compliant with the relevant health and safety standards. (Where a lessee report works have been undertaken the Service Provider will inspect. The Service Provider will use other planned inspections to identify any other potential works)
It will use reasonable professional skill and care to ensure that the Councils position as Landlord or Tenant is fully protected throughout the appropriate seeking, granting or use of licences, written approvals, consents, insurances etc. The provide must also ensure that the effects of any consent do not adversely affect the value of the councils’ estate or it’s freehold reversion.
As required – approx 1 per month
One per month on average - Fixed Price
Additional -
Time & Materials
PROP05 Rent reviews The Service Provider shall manage the rent review process, make
recommendations and undertake the review of
rents or licence fees in accordance with
contractual provisions of property agreements,
statutory or other legislative requirements and
the Councils’ objectives for the category of
property involved.
The Service Provider will provide an initial report
covering all significant facts setting out actions,
negotiating strategies and anticipated outcomes.
Following agreement with the Councils, the
Service Provider will undertake and manage
negotiations through to a satisfactory conclusion
for the Councils and will provide a
comprehensive final report to support a
recommendation on a figure for settlement.
In the event that a satisfactory settlement
cannot be reached, the Service Provider will
advise on appropriate courses of action and
maybe required to represent the Councils in any
further proceedings.
In accordance with lease schedule to be provided
Current portfolio - Fixed Price
Significant Variations -
Volume Based
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PROP06 Dilapidations The Service Provider will provide comprehensive and timely advice for the Councils, as Landlord or Tenant, on the most appropriate course of action to be taken on a dilapidations liability. Advice will take full account of the Councils best interest, the statutory position, the likely future use of the property, the condition of the building, the lease provisions and the Councils financial position.
Following agreement with the Councils, the Service
Provider will undertake and manage negotiations
through to a satisfactory conclusion for the Councils
and will provide a comprehensive final report to
support a recommendation on a settlement.
Where it is concluded that the interests of the
Councils would be best served by the completion
of works identified within the dilapidations
assessment, the Service Provider will specify,
arrange procurement and manage these works.
In accordance with lease schedule to be provided. Required at end of tenancy.
Current portfolio - Fixed Price
Significant Variations - Volume Based
PROP07 Leases granted
to the council
The Service Provider shall manage leases, licences or other agreements granted to the Council in accordance with the principles of good estate management, ensuring that the Councils’ interests are protected, the objectives for the category of the property are achieved, outgoings are minimised and proposals to change the basis of the Councils’ occupation are implemented.
The management of lease renewals and rent
reviews related to these agreements shall be
performed by the Service Provider in accordance
with the relevant Output Specification.
The Service Provider shall act as the Councils’
representative with all parties concerned with
these property agreements, both internally and
externally, ensuring the occupants of any property
covered by these property agreements are kept
informed of matters that affect their occupation at
all times and with sufficient notice for them to
prepare adequately for any changes to their
occupation.
adequately for any changes to their occupation.
As required Current portfolio - Fixed Price
Significant Variations -
Volume Based
PROP08 Lease breaks and expiries
The Provider will provide comprehensive and timely advice for the Councils, as landlord or tenant, on the most appropriate course of action to be taken at an imminent break or expiry including, liaising with the Councils’ appointed legal advisors. This can include lease termination. Advice, including support preparing lease exemption request business cases to the Councils, will take full account of the Councils best interest, the statutory position, the Councils estate strategy, business needs, and the condition of the building, dilapidation liabilities and the state of the market.
As required in accordance with lease schedule to be provided.
Current portfolio - Fixed Price
Significant Variations - Volume Based
PROP09 Service charges
The Service Provider shall provide a comprehensive revenue income and expenditure estimate for the properties in the portfolio that are subject to service charging arrangements. It will follow the RICS Code of Practice for Service Charges in Commercial
property to: o Provide annually in advance to tenants
the budgets and apportionments for
each building
o Liaise with tenants on any large items of
expenditure in year o Complete the end of year reconciliations
within three months of the end of the service
charge year
This service must also be provided to any
management companies to which the councils are
shareholders of.
Quarterly – currently 5 properties
Current portfolio -Fixed Price Significant Variations -Volume Based
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PROP10 Valuations Valuations to the appropriate framework standards are to be provided by the Service Provider where necessary in the provision of the Services outlined above. An agreed valuation sign-off methodology should be agreed with the Councils.
The Councils require that their assets are inspected for
financial reporting purpose on a rolling cycle as
required by the instructing Council based on the
categorisation of assets into their investment,
operational and non-operational categories, in
accordance with the International Financial Reporting
Standards (IFRS). Where the assets are buildings, the
Councils also require a reinstatement cost assessment
for insurance purposes in accordance with the relevant
standard. A full list of assets requiring annual
valuations will be provided. The Service Provider will be
expected to produce an annual certified report and
valuation as at 31 March each year for the life of the
contract, which should include a statement of
impairment (in line with IAS 36). Where there is a
material change to an asset or the Councils acquire or
dispose of an asset, a valuation will be required outside
the cycle.
The Councils may require independent stand-alone
valuations which can take a number of forms including:
• Full valuations – in accordance with RICS
Valuations Professional Standards 2012.
• Asset valuations – for financial reporting purposes,
including capital charges, undertaken in
accordance with the prevailing accounting
standards as interpreted for the UK public sector
and current professional standards guidance.
• Insurance valuations in accordance with
the relevant standard.
• Desktop valuations may be required where there is
indication of a material change to the value of a like
group of assets that are not otherwise due to be
revalued in the year in question.
Asset and insurance valuations – annually in accordance with the rolling programme to be provided
Other valuations as required – approx 2 or 3 per year
Rolling 20% pa Fixed Price Ad hoc Volume Based
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PROP11 Encroachments The Service Provider shall monitor Council
property, with specific attention to vacant
sites and open spaces. Where encroachments
have occurred, the Service Provider shall
remedy the situation as quickly as possible
acting reasonably and professionally and in
consultation with the Council. This includes
disputes with third parties as to the precise
location of boundaries and arranging for
repair / reinstatement if any damage has
been caused by an encroachment.
The Service Provider shall manage the
portfolio in such a manner as to mitigate the
opportunities for travellers to gain access to
Council owned land. Where incursions do
occur on Council land and upon instruction
from the authorised Officer the Service
Provider shall regain possession in the shortest
possible time with reference to the relevant
Council policy / strategy documents and in
conjunction with other Officers of the Council
notably the Councils’ legal services and
community involvement teams.
All sites to be inspected at least annually. Asset list to be provided along with current schedule of inspections.
Current portfolio - Fixed Price
Significant Variations -
Volume Based
PROP12 Planning
applications
and advice
Town and country planning advice and consultation is to be
provided by the Service Provider where
necessary in the provision of the Services, it
will be down to each Council to specify the
particulars of the advice required. The
Councils may require independent planning
information and advice including consultations
and negotiations with planning authorities and
the submission of formal applications, notices,
appeals and Section 106 Agreements, Section
278 Agreements (Highways) and CIL
(Community infrastructure Levy).
Qualified planners may deliver advice including but not limited to:
• Strategic planning advice.
• Impact on council owned land/property or allocated employment land in relation to economic development
• Disposal related planning advice.
• Planning applications.
• Planning appeal.
• Development plan work on emerging plans.
• Statutory planning work.
• Affordable housing requirements.
• Green travel plans.
As required – approx five per year
Time & Materials
PROP13 Release or
consent of
covenants on title
The Service Provider will act for the Councils’ to consider applications for the release or consent of consents on title, either upfront or retrospectively. The Service Provider will consider each case to assess the value and will undertake negotiations where appropriate for payment of the release or consent.
As requested – approx two per month.
Time & Materials
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PROP14 Rating
support
and
appeals
The Service Provider will provide professional advice,
guidance, negotiation and assistance on non-domestic
rating issues including a proactive strategy to mitigate
changes in liability arising from new buildings and
alterations. This may include:
• General administration
o Checking rates bills for accuracy of
fact and calculation
o Providing forecasts for budgeting purposes
including apportionments for lettings and
estimates for new buildings
• Providing advice on baseline certificates
o Providing advice on baseline certificates to
ensure accuracy and consequentially that
liability can be calculated correctly during
the application of transitional relief
provision. Where appropriate challenging
these to generate savings during
transitional phasing
• Use reasonable professional skill and care to ensure the
Councils liabilities are correct and mitigated to the
fullest extent without going to appeal and should
include the potential initial consultation fees for
compiled list and material change appeals as set out
below.
• Compiled list appeals
o Providing initial advice on assessment
correctness and the likelihood of success
o Lodging formal appeals against the rating
assessment, and negotiating with the
relevant body in an attempt to agree to a
lower rateable value
o Forecasting and checking rate refund
calculations from the billing Council
o Checking interest payment calculations issued
by the billing Council
o In light of any such appeals examine the
baseline certificate to ascertain whether
this can be challenged to produce further
savings.
• Give advice on material change appeals, such as:
o Providing initial advice on whether any
savings can be achieved.
As requested – not usually more than once or twice per year
Volume Based
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o Correcting assessment consequent on “material
changes” (within the meaning of relevant legislation).
o Applications to billing authorities for reduced payments
because properties are unoccupied or partly occupied.
o Applications for charitable relief.
o Appropriate splits and mergers.
• Lands/valuation tribunal hearings
o Compliance with all necessary
statutory/regulatory/practice statements that may apply.
o Advising the Councils as soon as it becomes apparent that a
suitable agreement cannot be achieved through the normal
appeal process.
o Recommending the most appropriate course of action to be
taken and advising fully on the positive and negative
implications.
o Consulting on the procurement of external assistance, for
example appointing legal support.
o Professional support at tribunals.
o Advising on the potential costs that will flow from such
action.
o Prepare statements of case.
o Respond to replies as necessary and to comply with any
timeframes applying.
• 2015 Revaluation (as amended)
Given the antecedent valuation date of 1 April 2013 as amended the
Service Provider shall, from time to time be required to:
o Give advice on the revaluation process.
o Formulate a proactive “Right First Time” strategy to mitigate
changes in liability arising from the revaluation process.
Ensure that the necessary data (including rental data) is supplied as necessary to support the accuracy of 2015 (as amended) “Non Domestic List assessments”.
o o Give advice on the likely financial impact of the
revaluation
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PROP15 Wayleaves and
Easements
The Service Provider will provide an initial report covering all significant facts, setting out actions, negotiating strategies and anticipated outcomes.
Following agreement with the Councils, the Service Provider
will undertake and manage negotiations through to a
satisfactory conclusion for the Councils and will provide a
comprehensive final report to support a recommendation
on a figure for settlement.
In the event that a satisfactory settlement cannot be
reached, the Service Provider will advise on appropriate
courses of action and represent the Councils in any further
proceedings.
As requested – approx one per quarter
Time & Materials
PROP16 Party Wall
awards
The Service Provider will provide advice either when the Council is the building owner developing a site, or prospective owner of a property in the course of construction, but also when notices are served on the Councils as an adjoining owner to a development site.
Advice can be given so notices are served at the right time
and awards entered into as required. Detailed schedules
of condition are prepared.
As required – not usually more than one or two per year
Time & Materials
PROP17 Neighbourly
matters
The Service Provider will provide an initial report covering all significant facts, setting out actions, negotiating strategies and anticipated outcomes with respect to boundary disputes, crane and scaffold over sailing.
Following agreement with the Councils, the Service Provider
will undertake and manage negotiations through to a
satisfactory conclusion for the Councils and will provide a
comprehensive final report to support a recommendation
on a figure for settlement.
In the event that a satisfactory settlement cannot be
reached, the Service Provider will advise on appropriate
courses of action and represent the Councils in any further
proceedings.
As required – once per quarter approx
Time & Materials
PROP18 Acquisitions Acquisitions shall encompass all forms of transfer, including sale (via auction and other recognised means), purchase, transfer, assignment, letting and sub-letting and lease surrenders.
Following agreement on a procurement strategy, the Service Provider will undertake and manage a comprehensive search of available property solutions, including availability on the Government estate via GPU. This may include the preparation of lists of potential properties, assistance in identifying appropriate terms, identification of any surveys that may be required, advice on the most appropriate solution, undertaking negotiations, agreeing terms and conditions and acquiring the recommended asset.
As requested – once per year
Volume Based
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PROP19 Disposals Disposals shall encompass all forms of transfer, including sale (via auction, private treaty or tender), purchase, transfer, assignment, letting and sub-letting and lease surrenders
In all cases there should be a valuation indicating “best consideration” under s.123 of the LGA 1972 prepared before the property is marketed. If there is no longer an in-house team, then a second, independent valuation should be obtained by the Council (particularly for larger disposals). Where the proposed disposal price is less than the pre-marketing best consideration valuation, the Service Provider will need to provide written confirmation that the disposal price represents best consideration and an explanation as to the difference between the sale price and the pre-marketing valuation. Where the Council intends to sell the property at less than best consideration, and obtains legal advice confirming that it is lawful to do so, the Service Provider will be required to provide the following valuations in accordance with the appropriate General Disposals Consent:
1) Unrestricted value
2) Restricted value
3) Value of Voluntary conditions, if any.
Where surplus property, space or holdings have been
identified, on receipt of an Order, the Service Provider will
provide an initial report with budget costs, valuations,
forecast incomes, anticipated outcomes and timings which
take into account market conditions and risks, together with
a recommendation to achieve the most favourable outcome
for the Councils. Councils should agree the budget with the
Service Provider; the Service Provider should be incentivised
by the Councils to achieve a saving against the agreed
budget.
Following agreement with the Councils, the Service Provider
will undertake and manage the marketing and disposal
through to a satisfactory conclusion for the Councils and will
provide a comprehensive final report to support a
recommendation, including any need for claw back, with
advice on amounts and mechanism.
As requested – two or three per year
Volume Based
PROP20 Inter-
depar
tment
portf
olio
The Service Provider shall, in accordance with the procedures set out in the AMP, support and provide all property related advice as set out in this specification for all services within the Council and where appropriate shall assess financial implications and obtain the necessary consents to implement proposals
In accordance with AMP
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PROP21 Debtor billing and control
The Service Provider will prepare the list of invoices
and deliver to the Lot One Provider within the
agreed timetable.
The Service Provider will review the Outstanding
Debts Report from the Lot One Provider and
investigate any disputes or queries received from
tenants over unpaid or misallocated payments and
invoices
The Service provider will advise the Council’s Legal
team of any potential recommended debt
recovery initiatives
In accordance with leases – most billing is done quarterly.
Fixed Fee
BS01 Reactive
repairs and
maintenance
The Service Provider shall manage the reactive
repairs maintenance service, including a service
giving technical and managerial support and
advice, using a prioritisation process. It will
provide orders to repairs and maintenance
contractors to attend to council properties to
make safe and/or repair property fixtures, fittings
and chattels. It will inspect as necessary any
repairs carried out and monitor the performance
of contractors in accordance with best practice of
contractor management.
Drafting Note: Councils would like to dialogue how the R&M service will work across both civic and commercial estates and opportunities for standardisation
Time & Materials
BS02 Conditi
on
surveys
Survey data is to be provided by the Service
Provider where necessary in the provision of the
Services. The Councils may require independent
detailed surveys and reports including schedules of
conditions, on the current condition of a property
or asset including estimates of costs and priorities
to bring the property to an agreed acceptable
standard, optimum timing of maintenance and
repairs, statutory obligations (including asbestos
and equality legislation), health and safety
issues/risks and whole life costs which should be
attached to the occupancy agreement.
In accordance with the agreed schedule. This will vary by council
Time & Materials
The Service Provider will agree with the Councils at
the commencement of the contract a programme
for cyclical condition surveys to cover the estate.
The Service Provider will be responsible for
commissioning and reporting on the surveys in
accordance with the specification above.
The Service Provider will arrange and assist the
Councils in the procurement and management of
any works identified in building surveying
reports.
BS03 Planned
preventative
maintenance
The Service Provider shall manage and carry out
an agreed Council-funded planned preventative
maintenance works programme to ensure that
assets remain compliant with legal requirements
and to reduce the risk of reactive repairs
maintenance work being necessary.
The Service Provider shall carry out such works in
accordance with the Councils’ planned
preventative maintenance works schedule. Any
works arising will be projects that the Service
Provider will manage, if instructed by the Council
to do so.
As above. Fixed Price (in accordance with tab 18 Matrix of Third Party Cost within the Financial Model
BS04 Building
surveyi
ng
service
s
Where the Councils are considering the acquisition of a property, either freehold or leasehold, the Service Provider may be called upon to undertake a pre-acquisition or more detailed technical due diligence inspection and report (to include, but not be restricted to, detailed survey, reviewing technical data available for the property, planning restrictions, operation and maintenance data, organising environmental assessments, and considering implications for the building's potential use) taking into account the suitability for the intended use of the property. Where a property to be acquired includes a building in the course of construction, this may include reporting on the adequacy and suitability of the specification, compliance with planning conditions and Building Regulations, inspections during construction to assess (and report to the Council on) the standard and progress of construction and to certify satisfactory completion of the building. Where required, an outline feasibility study will be provided which identifies budget estimates for potential alteration works that may be required.
The Service Provider may be called upon to
arrange and assist the Councils in the
procurement and management of any works
identified in building surveying reports.
As required. Approx one or two per quarter.
Volume Based
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BS05 Energy &
Utilities
The Service Provider shall negotiate and secure the most cost effective energy and utilities tariffs appropriate to the usage of the Councils.
The Service Provider shall advise the Council on the
provision of EPCs.
The Service Provider shall ensure that all certificates are
correctly in place and available to the Council, statutory
bodies or utilities partners upon request.
The Service Provider shall give advice to the Council on
energy / utilities consumption and revenue cost
implications, including opportunities to improve
consumption as part of any capital expenditure, Lifecycle
Replacement, estate upgrading, modernisation scheme or
new development.
The Service Provider will implement any priorities and
actions set out in the councils carbon reduction
management plan.
Fixed Price
BS06 Statutory
compliance
The Service Provider shall discharge its contractual obligations in respect of the management of the Councils’ compliance with statutory instruments and shall undertake, or shall procure the undertaking of, appropriate checks and testing for all buildings where the Council is deemed to have an obligation including all those buildings under the direct control of the Council and those properties where the Council is a freeholder or a superior lessee where the lease stipulates that statutory compliance should be undertaken by a lessee (and/or inferior lessee). This should include regular health and safety inspections of council properties, to be agreed by each council.
In accordance with statutory obligations
Fixed Price
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BS07 Helpdesk The Service Provider shall: o provide a helpdesk service with minimum opening hours of
8.00 a.m. – 5.30 p.m. each Business Day (the Core
Hours) for tenants and other users of the councils
properties
o provide an outside of Core Hours service to cover
emergency repairs and other incidents; o provide a professional and technically
competent service with a high level of
regards for customer care o ensure effective communication of user
instructions on the helpdesk service; o inform the helpdesk user of proposed course
of action and where appropriate rectification
time allocated;
o maintain accurate helpdesk records.
o The helpdesk will also be made available and will
be the main point of contact for members of the
public regarding any property enquiries.
Drafting Note: Councils to review estimates of call volumes
Fixed Price
BS08 Maintenance
of closed
churchyards
The Service Provider shall ensure that there is an effective
planned maintenance regime to ensure that closed
churchyards / cemeteries and war memorials are
properly and regularly maintained and that reactive
maintenance is undertaken as necessary. This should
include regular inspections and action plans as agreed
with each council.
Annually. Budget of £xxxx
Time and Materials charged against Budget to be advised as detailed in BS08
Note
The Authorities acknowledge that TUPE transferred staff are deemed for the purposes of the specification as being competent in their current role.
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4. Corporate /Cross Cutting Requirements
These are provided in the Overarching Requirements Document
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5. Definitions and Glossary (to be completed when all Councils have inputted into the requirements. This is intended to
provide a glossary for acronyms, Council specific applications or processes etc.)
Term Definition
RICS Royal Institution of Chartered Surveyors
CIPFA Chartered Institute of Public Finance and Accountancy
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6. Relevant Information
Information, guidance and policies relevant to the delivery of this service may be found in
the Councils’ data room.
Document Filename/Location Description
Asset Management Plans
Located on the councils websites
Asset lists These should already be published on each councils website as part of the governments transparency agenda (S&V still to be completed)
GIS plans Can be provided in shape file format as requested
This to be completed as the data room is populated