11.4.  Enquiries, Investigations and Inspections

Guidance: The list set out at 11.4.1.a) to 11.4.1.g)) will need to be tailored to the specific services included within the Project.

11.4.1.  The Service Provider shall at all times during the Service Period and for a period of six (6) years afterwards fully co-operate with any enquiry, investigation or inspection (whether routine or specific) which in any way concerns, affects or relates to the Services, or any sum claimed or charged in relation to this Agreement or to any other contract of the Authority.  Such enquiry, investigation or inspection may include, inter alia:-

a)  the Authority's Executive and the Authority's Overview and Scrutiny Committee and sub-committees undertaking their respective functions;

b)  an investigation by the Authority into a complaint about the acts or omissions of the Service Provider, its employees or agents made under the Equalities Legislation;

c)  the Benefits Fraud Inspectorate;

d)  the Commission for Social Care Inspection;

e)  the Inspectorate for children and learners in England (Ofsted);

f)  the Authority's auditors (whether internal or external); and/or

g)  the Local Government Ombudsman.  

11.4.2.  Such co-operation shall include (but not be limited to) the following:-

a)  providing access to or copies of such files, documents, letters, emails, notes, minutes, records, accounts or any other information (whether held or stored electronically, (in hard copy format or otherwise) which relate to the subject or service under investigation;

b)  providing access to the premises, vehicles, plant, equipment (including IT hardware and software) or other assets used by the Service Provider in the performance of this Agreement;

c)  providing access to the Service Provider's staff (of whatever seniority) involved in this Agreement (including managerial or supervisory staff) or who may be the subject of, or be named in, any enquiry or investigation by the auditors or the ombudsman (including providing suitable facilities for interviewing such staff);

d)  maintaining the confidentiality of the enquiry or investigation when requested to do so;

e)  making such explanations (whether written or oral) as may be necessary for the enquiry or investigation to be satisfied that the terms and conditions of this Agreement, the Authority's standing orders and financial regulations and statutory provisions relating to this Agreement are being complied with;

f)  at all times and without notice allow access to the Local Government Ombudsman, Relevant Authority or to any investigating officer appointed by the Local Government Ombudsman or Relevant Authority, in connection with any complaint, investigation or inspection relating to this Agreement or the Services.  This shall extend to the Service Provider's Premises; and to all documentation and information relating to this Agreement to which the Service Provider has access; and to the Service Provider's agents, employees and Sub-Contractors.

11.4.3.  The Service Provider shall, if requested by the Authority, co-operate with the Authority, at its own expense, in connection with any legal proceedings, arbitration, court proceedings or ombudsman enquiries in which the Authority may become involved, arising from breaches of the Authority's duties under the Equalities Legislation due to the alleged acts or omissions of the Service Provider, its employees, Sub-Contractors or agents.

11.4.4.  The Service Provider shall ensure that the terms of any Key Sub-Contract include identical provisions to this clause 9 and shall indemnify the Authority against any losses, damages or claims it suffers in consequence of a failure to ensure the inclusion of such identical items.