Service Level Agreement

Service Level Agreement

Service Level Agreement

SERVICE LEVEL AGREEMENT (SLA)

For the provision of
Educational Psychology Services

Between: Changing Minds – Applied Psychology Services
and

[insert name of school or academy trust]

We wish to purchase xxxx amount of hours/days (Please delete as appropriate)

THIS Agreement is made on the            day of                                                  2020

BETWEEN:

Parties

  1. Changing Minds – Applied Psychology Services (“Changing Minds”)
  2. [                          ] School or multi academy trust
  1. Definitions

1.1.  For the purposes of this Agreement the following expressions                                 shall have the following meanings:

“Charges” The charges payable by the Customer for the supply of Services by Changing Minds
“Commencement Date” The date at the beginning of this agreement.
“Request for Information” A request for information or an apparent request under the Code of Practice on Access to Government Information, FOIA or the EIRs.
Services” The services to be provided by Changing Minds  pursuant to this Agreement shall consist broadly of educational psychology services and are more particularly described in Error! Reference source not found.
Services Start Date The date on which  Changing Minds shall supply the Services to the Customer being the [    ] day of [        ] [20  ]
“Term” The [    ] day of [                   ] [20  ] when this Agreement shall terminate.
2. Commencement and Term

This Agreement shall commence on the Commencement Date and shall continue for the Term, unless terminated earlier in accordance with clause 8.

3. Supply of Services

3.1. Changing Minds shall supply the Services to the Customer from the Services Start Date and for the duration of and in accordance with the provisions of this Agreement.
3.2. In supplying the Services, Changing Minds shall:
3.3. perform the Services with reasonable care and skill;
3.4. all applicable laws, statutes, regulations from time to time in force; and
3.5. Changing Minds Policies
3.6. observe all reasonable health and safety rules and regulations and security requirements that apply at any of the Customer’s premises and have been communicated to Changing Minds, provided that Changing Minds shall not be liable under this Agreement if, as a result of such observation, it is in breach of any of its obligations under this Agreement.

4. Charges and Payment

4.1. In consideration for the provision of the Services, the Customer shall pay Changing Minds the Charges in accordance with this clause 4 and the price structure set out in the service delivery guide.
4.2. All amounts payable by the Customer exclude amounts in respect of value added tax (VAT), which the Customer shall additionally be liable to pay to Changing Minds at the prevailing rate (if applicable), subject to receipt of a valid VAT invoice.
4.3. Changing Minds shall submit an invoice to the Customer after the Commencement date.
4.4. The Customer shall pay invoice due and submitted to it by Changing Minds, within 14 days of receipt in accordance with the payment details provided on the invoice.
4.5. If the Customer fails to make any payment due to Changing Minds under this Agreement by the due date for payment, then without limiting Changing Minds ‘s remedies under clause 7:
4.6. The Customer shall pay interest on the overdue amount at the rate of 4% per annum above Barclay’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount; and
4.7. Changing Minds may suspend all Services until payment has been made in full.
4.8. All amounts due under this Agreement shall be paid by the Customer to Changing Minds in full without any set-off, counterclaim, deduction or withholding (other than any deduction of tax as required by law).

5. Customers Obligations

5.1. The Customer shall:
5.2. cooperate with Changing Minds in all matters relating to Services;
5.3. provide in a timely manner, such information as Changing Minds may reasonably require, and ensure that it is accurate in all material respects;
5.4. designate a named Co-ordinator to liaise with Changing Minds’ Educational Psychology staff and to be responsible for ensuring that:
5.5. the parents of all children and young people receiving educational psychology support have given written and informed consent for their children to receive services;
5.6. all service request forms are received by Educational Psychology staff by agreed timescales;
5.7. Educational Psychology staff are aware of all relevant school policies e.g. (safeguarding, health and safety, etc);
5.8. young people and all appropriate staff members are available to meet with the allocated team member (as agreed in the initial planning meeting);
5.9. appropriate accommodation is available for Educational Psychology staff to undertake their work; and
5.10. ensure that its designated Co-ordinator participates in, and contribute to, any evaluations of performance/impact as requested by the designated Educational Psychologist.

6. Limitation of Liability and Indemnity

6.1. Nothing in this Agreement shall limit or exclude either party’s liability for:
6.2. fraud or fraudulent misrepresentation;
6.3. death or personal injury caused by its negligence;
6.4. breach of any obligation as to title implied by statute; or
6.5. any other act or omission, liability for which may not be limited under any applicable law.

7. Termination

7.1. Without affecting any other right or remedy available to it, either party to this Agreement may terminate it with immediate effect by giving written notice to the other party if:
7.2. The other party commits a material breach of any term of this Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so; or
7.3. The other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986.
7.4. Changing Minds may terminate this Agreement with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under this Agreement on the due date for payment and remains in default not less than 30 days after being notified in writing to make such payment.
7.5. Either party may terminate this Agreement for convenience by giving not less than one School Term’s written notice of termination to the other party.
7.6. On termination of this Agreement for whatever reason:
7.7. The Customer shall immediately pay to Changing Minds all of Changing Minds ‘s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, Changing Minds may submit an invoice, which shall be payable immediately on receipt;
7.8. Changing Minds shall return any items or data belonging to or provided by the Customer, save where such data is required by Changing Minds for performance of its statutory duties;
7.9. Termination of the Agreement shall not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of this Agreement which existed at or before the date of termination; and
7.10. Any provision of the Agreement that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

8. Force Majeure

Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.

9. Confidentiality

9.1. Each party undertakes that it shall not at any time during this Agreement, and for a period of five years after termination of this Agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group to which the other party belongs, except as permitted by clause 9.1.
9.2. Each party may disclose the other party’s confidential information:
9.3 to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under this Agreement. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 9; and
9.4 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
9.5 no party shall use any other party’s confidential information for any purpose other than to perform its obligations under this Agreement.

10 Data Protection

10.1 Both parties shall both ensure that they comply with the notification provisions of the GDPR 2018 and that they will duly observe all their obligations under that act which may arise under this Agreement.
10.2 The Customer shall ensure that it has obtained consent from parents of its pupils who will receive Services, in respect of processing by Changing Minds of the pupils’ personal data as required for the performance of this Agreement and the provision of the Services.

11 Freedom of Information

11.1 The Customer acknowledges that Changing Minds is subject to the requirements of the Freedom of Information Act 2000 “FOIA” and the Environmental Information Regulations 2004 (SI 2004/3391) “EIRs”. The Customer shall:
11.2 provide all necessary assistance and cooperation as reasonably requested by Changing Minds to enable Changing Minds to comply with its obligations under the FOIA and EIRs;
11.3 transfer to Changing Minds all Requests for Information relating to this agreement that it receives as soon as practicable and in any event within 2 Working Days of receipt;
11.4 provide Changing Minds with a copy of all Information belonging to Changing Minds requested in the Request For Information which is in its possession or control in the form that the Authority requires within 5 Working Days (or such other period as Changing Minds may reasonably specify) of the Authority’s request for such Information; and
11.5 not respond directly to a Request For Information unless authorised in writing to do so by Changing Minds .
11.6 The Customer acknowledges that Changing Minds may be required under the FOIA and EIRs to disclose Information (including Commercially Sensitive Information) without consulting or obtaining consent from the Customer. Changing Minds shall take reasonable steps to notify the Customer of a Request For Information (in accordance with the Secretary of State’s section 45 Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the FOIA) to the extent that it is permissible and reasonably practical for it to do so but (notwithstanding any other provision in this agreement) Changing Minds shall be responsible for determining in its absolute discretion whether any Commercially Sensitive Information and/or any other information is exempt from disclosure in accordance with the FOIA and/or the EIRs.

12 Notices

12.1 Any notice or other communication given under this Agreement shall be sent by email to EPSTraded@liverpool.gov.uk and an acknowledgement confirming receipt will be sent within 2 working days.
12.2 A notice or other communication given under this Agreement shall not be validly given if sent by fax.

13 Third Party Rights

13.1 No one other than a party to this agreement shall have any right to enforce any of its terms.

Jurisdiction and Governing Law

This Agreement is to be governed by and interpreted in accordance with the law of England and Wales and the parties irrevocably submit to the jurisdiction of the English courts.

This Agreement has been entered into on the date stated at the beginning of it.

Signed for and on behalf of

Changing Minds – Psychology Services

Katie Hinds – Director

Changing Minds

Signed for and on behalf of  [insert name of academy trust]

…………………………………

[insert name and position of signatory]

Schedule 1.

Service Specification

1. The Services shall consist broadly of Education Psychology services and shall include the following:-

a. Assessment of children and young people in respect of their educational development and behaviour in school in order to identify their needs and strategies to assist them in their educational life;
b. Giving advice to teachers, parents and other professionals on appropriate methods of education for children and young people;
c. Drafting of reports and recommendations following assessments of children and young people;
d. Observation of children and young people during the school day;
e. Liaising where appropriate with other professionals including health and social care professionals in relation to the well-being of children and young people;
f. Identifying any special or additional educational provision which a particular child or young person may require.
g. Training and therapeutic interventions.

2. Due to the broad nature of services which Educational Psychologists may provide as part of their role, it is not possible to set out every service which may be provided pursuant to this Agreement. Where a service is requested by the Customer which is not listed above, then Changing Minds shall have discretion as to whether this service is to be provided.

3. Changing Minds will attempt to accommodate requests for particular Educational Psychologists (such as where they have already had extensive dealings with a particular child) but that will be subject to staff and service availability and Changing Minds reserves the right to provide another member of staff.

Schedule 2.

Charges for Services

Educational Psychology time can be purchased for £500 per day.
The service also offers the following options:

Option 1 Cost £2,450

The bronze package includes five days of psychologist time plus 1/2 day for a planning meeting and review meeting.  The planning meeting will form the basis of the service level agreement between the service and the school and will detail how the time purchased will be used (although there is some flexibility should priorities change). The review meeting will ensure that services have been delivered to the required standards as well as ensuring that pupil outcomes have been improved.

Option 2 Cost £5000

The silver package includes ten days of psychologist time plus one day for planning and review meetings.  Planning meetings will form the basis of the service level agreement between the service and the school and will detail how the time purchased will be used (although there is some flexibility should priorities change). The review meetings will ensure that services have been delivered and pupil outcomes have been improved.

Option 3 Cost £9,500

The gold package includes twenty days of psychologist time plus one day for planning and review meetings.  Planning meetings will form the basis of the service level agreement between the service and the school and will detail how the time purchased will be used (although there is some flexibility should priorities change). The review meetings will ensure that services have been delivered and pupil outcomes have been improved.

The Platinum Package

Cost £19,000

The platinum package includes forty days of psychologist time plus two days for planning and review meetings.  The planning meetings will form the basis of the service level agreement between the service and the school and will detail how the time purchased will be used (although there is some flexibility should priorities change). The review meetings will ensure that services have been delivered and pupil outcomes have been improved. (Any packages purchased in excess of forty days will also be allocated an additional 10% planning and review time.)

It is possible to add additional time to existing packages at £500 per day.