Meeting documents
Cabinet
Wednesday, 3rd May, 2006
Festivals Organisation SLA2006-9 - finalExec 120406
SERVICE LEVEL AGREEMENT FOR SERVICES
1 April 2006-31 March 2009
BETWEEN
BATH & NORTH EAST SOMERSET COUNCIL
AND FESTIVALS ORGANISATION [final name to be confirmed]
A Company Limited by Guarantee and registered as a Charity no. 801617
DATED: 1 April 2006
DOCUMENT (A): STANDARD TERMS AND CONDITIONS OF
CONTRACT GOVERNING PROVISION OF THE SERVICE(S)
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COMMISSIONED SERVICES AGREEMENT/FUNDED SERVICES AGREEMENT |
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DOCUMENT (A) : STANDARD TERMS AND CONDITIONS OF CONTRACT GOVERNING PROVISION OF THE SERVICE(S) |
1 Responsibilities of the Organisation
1.1 General Responsibilities
(a) In consideration of the funding specified in the Agreement for Services the voluntary organisation/provider agrees to provide the service(s) on behalf of the Council in accordance and compliance with the terms and conditions of contract and Schedule 2.1 of the Schedules of Service (s) attached at document B.
(b) The voluntary organisation/provider is deemed to have knowledge of the Council's Equalities Policy, eligibility criteria and conditions of funding for the voluntary sector (details of which can be supplied on request) and will comply with the same at all times whilst undertaking its obligations under this Agreement.
(c) The voluntary organisation/provider shall comply with any Act of Parliament any statutory instrument, rule or order made under any Act of Parliament Statutory Instrument, rule or order relevant to the delivery of these services.
(d) The voluntary organisation/provider shall appoint a nominated officer authorised to act as a first point of contact between the Council and the voluntary organisation/provider and to be responsible for ensuring the obligations of the voluntary organisation/provider are fulfilled.
(e) The voluntary organisation/provider shall invite the Link Officer, and/or other officers nominated by and agreed with the Link Officer, to attend all meetings of the Board as a non-voting observer. It is recognised that there may be circumstances, as determined by the Board, which require that Council observers be excluded.
1.2 Quality Management
(a) To ensure the effective monitoring of the nature and quality of services provided by keeping written records of work undertaken, which must be produced for the Council if requested.
(b) To co-operate with the Council's Inspection, Monitoring and evaluation procedures as outlined in Schedule 2.1.8 of the Schedules of Service (s).
1.3 Consultation
(a) To consult with users in order to take into account their views in the planning and development of services.
(b) To consult with any relevant organisations, groups or individuals as specified in the voluntary organisation/provider's equal opportunities policy affected by, or eligible to receive, services from the voluntary organisation/provider.
(c) To provide details to the Council of the steps taken to consult on the appropriateness, effectiveness and quality of the service offered, the responses received and of any action taken by the voluntary organisation/provider as a consequence.
1.4 Equal Opportunities
(a) To operate an equal opportunities policy in relation to employment practices and the provision of services to the satisfaction of the Council.
(b) To monitor the effectiveness of the policy and to provide details to the Council on request.
1.5 Confidentiality
(a) To ensure that systems exist at all times to maintain the integrity and confidentiality of all information held or known in respect of the voluntary organisation/provider's past or present service users and of any other information which the Council may from time to time specify and where appropriate to ensure compliance with the Data Protection Act 1984.
(b) To allow service users access to their personal files or any other written information kept in respect of them.
1.6 Health and Safety
(a) To comply at all times with the requirements of the Health and Safety at Work Act 1974 and other health and safety legislation regulations or orders and in particular:-
(b) To consult with staff, volunteers and the Council to provide a safe working environment and work systems, having regard to the needs of Disabled People.
1.7 Insurance
(a) The voluntary organisation/provider shall be liable for and shall indemnify the Council against any expense liability loss claim or proceedings whatsoever arising under any statute or at common law in respect of personal injury to or death of any person or damage to any property whatsoever arising out of or in the course of or caused by the provision of the services in accordance with this Agreement unless due to any act or neglect of the Council or any person for whom the Council is responsible.
(b) The voluntary organisation/provider shall maintain such insurances as are necessary to cover its liabilities (to the sum of no less than £5,000,000 for each individual public liability claim) together with compulsory insurance under the Employers Liability (Compulsory Insurance) Act 1969 and if required to do so produce documentary evidence that such insurances are maintained.
(c) Neither party shall be liable in respect of any loss or damage arising out of or caused by any act of Government, storm, tempest, riot nor enemy action (whether or not a formal declaration of war has been made given or received), nuclear risk or contamination, strike or lockout or other industrial action other than by any employees of the voluntary organisation/provider (whether official or not), Act of God or any other event which is in the reasonable opinion of the Council outside their control and outside the control of the voluntary organisation/provider.
1.8 Personnel Management
To have in place policies approved by the Council on personnel matters for both staff and volunteers. These should include appropriate arrangements for fair recruitment and selection, training and development, and the issuing of contracts of employment to include disciplinary and grievance procedures.
1.9 Financial Management
(a) To put in place arrangements for the management of all finance and to maintain proper banking and accounting procedures in respect of funds held for or on behalf of the service and its users.
(b) To ensure that it pays a fair market price for all goods and services which it purchases, and that Board members and staff declare any conflict of interest when selecting a supplier for the organisation.
(c) To submit annual reports and audited/independently inspected accounts to the Council within 6 months of the end of each financial year. In the case of incorporated organisations this deadline can be extended to 10 months provided that draft accounts are submitted to the Council within 6 months of the end of the financial year and the report of the auditor or independent examiner is supplied at the earliest opportunity.
(d) To allow reasonable inspection of financial records and minute books by officers of the Council if requested, with adequate notice in writing.
(e) To acknowledge subject to prior consent the Council's financial support in the Annual Accounts, Reports and on material used for publicity purposes
(f) To notify the Council if for any reason the services as specified cannot be provided and to return such part of any funding as the Council may determine having regard to the voluntary organisation/provider's continuing commitments during a period of reduced service provision, (for example, during periods of staff vacancies which may both disrupt service provision and lead to underspend of the Council's funding).
(g) To immediately notify the Council of any Council funded post unfilled for six weeks or more.
1.10 Charging Policies
To operate charging policies in line with Council guidelines for this type of service, to inform the Council of the level of charges made and to notify the Council of any proposed changes to which the Council's agreement must be forthcoming before such changes become effective.
1.11 Complaints Procedure
To establish a Complaints Procedure within 6 months acceptable to the Council and within the same 6 month period to promote the procedure to all service users and in default thereof to accept the Council's Complaints Procedure.
2 Responsibilities of the Council
2.1 Link Officer
To appoint a Link Officer to act as a first point of contact between the Council and the voluntary organisation/provider to offer advice and guidance as appropriate and to ensure the satisfactory operation of the Agreement on behalf of the Council as more particularly and specifically detailed in Schedule 2.2 of the Schedules of Service(s) attached as document B.
2.2 Financial Arrangements
Where appropriate, and subject to the Council's budget and/or Clause 2.2(d) below:-
(a) To provide the funding for this Agreement as stated in the Agreement for Services above.
(b) To ensure payment of the sum agreed in equal quarterly instalments (unless other mutually acceptable arrangements are made between the voluntary organisation/provider and the Directorate to accommodate cash flow predictions or similar).
(c) In the case of Agreements which last longer than one year, to review the level of funding annually (to take account of inflation as approved by the Council) and to notify the voluntary organisation/provider of the forthcoming level of funding by the 31st March of the preceding financial year.
(d) The Council reserves the right, in exceptional financial circumstances (as determined by the Council), to reduce the level of funding in line with the overall financial constraints on the Council. Should this be necessary a minimum period of 3 months notice will be given by the Council and the Agreement amended accordingly.
2.3 Arrangements for Monitoring the Agreement
(a) To organise and lead monthly monitoring meetings which will cover all aspects of the operation of the Agreement.
(b) Monitoring will include: monitoring of services provided with reference to Schedule 2.2 of the Schedules of Service(s) including proposals for service development, financial information, information about the management of the project and user consultation and involvement.
3 Notifications of Changes
(a) To ensure that any amendments, alterations, postponements to or cancellation of the service is notified in writing to the other party immediately.
(b) The terms of this Agreement may be amended by mutual consent.
4 Review Procedure
4.1 If either party requires a review of any aspect of this Agreement then such a review shall take place at the earliest practicable opportunity upon written notice being given specifying the terms of the review by one party to the other. In any event a regular annual review shall take place on a date agreed between the parties.
4.2 Membership of the Review meetings will include representatives of the voluntary organisation/provider and the Council.
5 Disputes between the Parties
5.1 If any disagreement should arise between the parties relevant to their respective obligations under this Agreement upon any matter (which does not necessarily constitute a breach of the Agreement) which cannot be resolved through routine liaison or review then either party may submit a formal statement in writing to the other setting out the details of the disagreement and referring the matter to an Arbitrator appointed by agreement of both parties.
5.2 A formal statement shall be deemed to be submitted on the date it is served upon either party.
5.3 If the cause of the disagreement is not resolved to the satisfaction of the party submitting it within 3 months from the date of submission of the formal statement, the termination procedure detailed in Clause 6 below may be initiated by either party.
5.4 During the period of any dispute both parties will reasonably endeavour to ensure service users do not suffer in the provision of the service.
6 Default and Termination
6.1 Default
In the event that the voluntary organisation/provider is in breach of its responsibilities and the Council considers it possible to remedy such a breach then the Council shall serve a notice on the voluntary organisation/provider to remedy the breach in such terms and in such times as set out in the Notice.
6.2 Termination
Any of the following events shall be deemed a fundamental breach of the Agreement by the voluntary organisation/provider which entitles the Council to terminate this Agreement immediately:
(a) Failure to comply with a notice to remedy a breach in accordance with Clause 6.1 above.
(b) suffering an execution against its goods (usually in compliance with a court judgement) entering into an arrangement for the benefit of its creditors or having a receiver, manager or liquidator appointed or being the subject of an order for winding up (other than a members voluntary liquidation)
(c) If the voluntary organisation/provider, its servants or agents, with or without its knowledge has:
(i) offered, given or agreed to give any member or officer of the Council any gift or consideration of any kind: as an inducement or reward for doing or not doing anything in relation to the obtaining or carrying out of this Agreement or any other contract with the Council. This does not preclude the voluntary organisation/provider from inviting officers or members of the Council to attend events without charge, when the purpose of attendance is familiarisation with or monitoring of the work of the organisation.
or
for showing or not showing favour or disfavour to any person in relation to this Agreement or any other contract with the Council:
(ii) Committed any offence under the Prevention of Corruption Acts 1889-1916 or given any fee or reward the receipt of which is an offence under Section 117(2) of the Local Government Act 1972.
(d) Assignment by the voluntary organisation/provider of any of its obligations without the prior written consent of the Council (such consent not to be unreasonably withheld).
(e) The dissolution of the voluntary organisation/provider for whatever reason, during the continuance of this Agreement.
(f) If the Council has good cause to believe on reasonable and verifiable grounds that the financial security of the organisation has become seriously affected or undermined to such an extent that it is reasonable to believe and the Council does believe that the organisation has an imminent inability to continue the provision of services under this Agreement, and the voluntary organisation/provider cannot satisfy the Council that such is not the case within 7 days.
(g) The voluntary organisation/provider fails to meet its obligations under the Companies or Charities Acts.
6.3 Without prejudice to the generality of the foregoing this Agreement may be terminated by either party by notice in writing to the other party to expire not less than four months from the date of the Notice.
6.4 Any Notice to be served on either of the parties by the other shall be sent by prepaid recorded delivery or registered mail or delivered by hand and a receipt obtained to the addresses herein before mentioned.
6.5 In the event that this Agreement is terminated then the Council shall be entitled to a refund of funding to the exclusion of all other remedies which would otherwise be enforceable by the Council but without prejudice to the Council's right to claim for any insured losses and the voluntary organisation/provider shall forthwith pay to the Council either:
(a) a sum equivalent to a pro rata refund of the grant proportionate to the unexpired period for which the grant or the particular instalment thereon was paid OR
(b) the actual unspent grant
whichever sum shall be the greater, excepting that such a refund shall be less the voluntary organisation/provider's reasonable and relevant winding down costs and any payments such as relevant rent advances it has had to make in advance. Such deductions shall be permitted if appropriate, provable and agreed in advance with the Council
6.6 Upon termination the Council shall be entitled to the return, or reasonable reimbursement less depreciation of capital, of items purchased with the benefit of the Council's funding hereunder.
7 Trade Union Recognition
The voluntary organisation/provider shall use all reasonable endeavours to observe good industrial relations practices in all its dealings with its employees and volunteers. Any arrangements with trade unions shall be treated as a local issue between the voluntary organisation/provider and its employees.
However the voluntary organisation/provider shall advise the Council of any potential or actual dispute with its employees or volunteers (individually or collectively).
8 Sub-Contracting and Assignment
None of the services for which funding is provided may be sub-contracted or assigned by the voluntary organisation/provider unless agreed in advance in writing by the Council. If a sub-contractor is appointed or the services assigned in whole or in part by the voluntary organisation/provider, then the Council shall be entitled to terminate the Agreement forthwith.
9 Severance
In the event that any term, condition, provision or clause of this Agreement shall be nullified or made void by any statute, regulation or order or by the decision or order of any Court having jurisdiction, the remaining terms, conditions and provisions shall remain in full force and effect.
10 Alternative voluntary organisation/provider
10.1 The Council reserves the right, without incurring liability to the voluntary organisation/provider, to use an alternative voluntary organisation/provider to provide the services during the currency of this Agreement at any time in any of the following circumstances:
(a) The voluntary organisation/provider's inability to provide the services for any reason outside the control of the Council.
(b) The voluntary organisation/provider's inability to provide the services in accordance with the funding arrangements of this Agreement.
11 Notices
11.1 All notices and communications shall be in writing.
11.2 Any notice or other communications sent to the voluntary organisation/provider shall be sufficient if sent by first class mail to an address notified to the Council for the purpose or to the address of the voluntary organisation/provider last known to the Council. Any such notice shall also be sent to the Commissioning/Funding Directorate.
12. Publicity
The voluntary organisation/provider shall comply fully with all reasonable directions issued by the Council with regard to any publicity in any medium in connection with the provision of the services. Guidelines setting out the Council's expectations for acknowledgement of funding are issued to all voluntary organisation/providers.
SERVICE LEVEL AGREEMENT FOR SERVICES
1 April 2006-31 March 2009
BETWEEN
BATH & NORTH EAST SOMERSET COUNCIL
AND
FESTIVALS ORGANISATION [final name to be confirmed]
A Company Limited by Guarantee and registered as a Charity no. 801617
Dated: 1 April 2006
DOCUMENT (B): SCHEDULES OF SERVICE (S)
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SCHEDULE 1: LEGAL AND POLICY FRAMEWORK |
Festivals Organisation (also referred to as `the Organisation') is a company limited by guarantee and registered as a charity formed for the objects specified in its Memorandum and Articles of Association.
This Agreement specifies the basis on which the Council provides funding to Festivals Organisation in order to obtain a range of services which contribute to the delivery of the Council's Corporate Objectives, Community Strategy, Cultural Strategy, and service strategies (including those for Economic Development, Arts Development, Bath Tourism Plus, and others).
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SCHEDULE 2: RESPONSIBILITIES OF THE ORGANISATION AND THE COUNCIL |
2.1 RESPONSIBILITIES OF THE ORGANISATION
2.1.1 PROVISION OF THE SERVICE
1.1 Title of the Service:
City of Festivals and festivals development
Bath International Music Festival
Bath Literature Festival
1.2 User group for whom the Service will be provided:
All residents and communities of Bath & North East Somerset.
Visitors to Bath & North East Somerset and the surrounding area.
1.3 Aim of the Service:
To develop a year-round programme of cultural and artistic festivals and events (some of which shall be managed and delivered by Festivals Organisation, and some of which shall be managed and delivered by independent festivals) that shall meet and/or be consistent with the Council's Corporate Improvement Priorities, specifically:
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Improving the environment for learning |
· present, support and develop a programme of high quality cultural and artistic festivals and events, showcasing the work of nationally and internationally acclaimed artists · provide lifelong learning opportunities in the arts for a wide spectrum of the community, residents and visitors |
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Improving the public realm (`liveability') |
· utilise a wide range of arts and cultural venues, non-arts and cultural venues, community spaces, open spaces, and public spaces for the presentation of festivals and events · animate and enhance open and public spaces through the promotion and presentation of festivals and events, thereby encouraging use of and engagement with the public realm |
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Improve customer satisfaction |
· maximise the opportunity for the people of Bath & North East Somerset, and for visitors to the area, to benefit from all festivals and events by means of diverse programming, targeted marketing, appropriate pricing, and accessible venues · respond to the changing needs and demands of the local community, and develop services accordingly · encourage the people of Bath & North East Somerset to participate in cultural and artistic festivals and events |
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Develop a sustainable economy for Bath and North East Somerset |
· promote innovation and creativity in the arts, cultural and creative industries in Bath and North East Somerset · support and raise the profile of locally-based festivals, arts organisations, and artists · enhance the reputation and image of Bath & North East Somerset, locally, nationally and internationally, contributing to the Council's vision `Making Bath & North East Somerset a better place to live, work and visit' · strengthen the economy of Bath & North East Somerset by attracting visitors to the area |
1.4 Brief description of the Service to be provided (specific elements may change, subject to agreement at the Annual Monitoring Review):
City of Festivals and festivals development
joint `umbrella' marketing and promotion for all festivals
provision of box office services for all festivals and other arts organisations
joint co-ordination and delivery of education projects
advocacy, support, development, research, and fundraising for joint activity
Bath International Music Festival
varied programme of high quality events with a wide range of appeal
participatory events and activities
events which appeal to young people
Bath Literature Festival
varied programme of high quality events with a wide range of appeal
participatory events and activities
events which appeal to young people
1.5 Geographical area covered by the Service:
All of Bath & North East Somerset. The Organisation will seek to target delivery of services to areas which are socially deprived in terms of being rurally isolated or having high levels of poverty and unemployment.
events which appeal to young people
1.6 Accountability of the Service:
The Organisation will ensure that all Board Director positions, including the Chair, are advertised publicly in the appropriate media.
2.1.2 DETAILED BREAKDOWN OF ESTIMATED EXPENDITURE FOR SERVICE
To be noted and agreed annually as part of Festivals Organisation's Business Plan.
2.1.3 DETAILED BREAKDOWN FOR PROJECTED INCOME FOR SERVICE
To be noted and agreed annually as part of Festivals Organisation's Business Plan.
2.1.4 SERVICE VALUES
The Council believes that arts and cultural activity enhance the social, economic and cultural life of the individual, the community and the area. Arts and culture are vital ingredients in the creation of a healthy and dynamic living environment, and in sustaining a high quality of life for both residents and visitors. The Council's support for arts and cultural activity in the area (through funding to voluntary sector arts and cultural organisations) builds and maintains the reputation of Bath & North East Somerset as a creative, innovative and contemporary place.
To realise its ambitions for arts and cultural development, the Council has adopted a Cultural Strategy (supported by an external body, the Cultural Partnership) which is linked to the Community Strategy. The Council also has an Arts Development Strategy 2005-8. The aim of the Council's Arts Development Strategy is:
To increase the number of residents and visitors to Bath & North East Somerset experiencing and participating in high quality arts events and activities.
In order to achieve this aim, the Council has three strategic objectives for arts development:
1. To build audiences by increasing the number of admissions and attendances to arts events and activities
2. To develop audiences by developing opportunities for audiences to access the arts
3. To encourage the development of cultural and creative industries
Festivals Organisation makes a vital contribution to arts and cultural development in Bath & North East Somerset. It is also a major contributor to tourism and to economic development. This Agreement will enable the Organisation to continue to grow and to play an even greater part in the cultural, economic and educational life of the area.
2.1.5 COMMON STANDARDS OF SERVICE REQUIRED
The work of the Organisation shall be delivered within the strategic context of the relevant Council strategies referred to in `Schedule 1: Legal and Policy Framework'. In particular the Organisation agrees to contribute, through the services described in the Agreement, and throughout the duration of the Agreement, to achieving the aims and objectives of Bath & North East Somerset Council's Arts Development Strategy 2005-8. The aims and objectives of the Arts Development Strategy 2005-8 are:
1. To build audiences by increasing the number of admissions and attendances to arts events and activities
1.1 Increase the overall number of admissions and attendances to arts events and activities
1.2 Increase the number of new admissions and attendances
1.3 Improve facilities and venues for the presentation and production of the arts
1.4 Improve the marketing and promotion of the arts
2. To develop audiences by developing opportunities for audiences to access the arts
2.1 Increase the proportion of arts events and activities taking place in community, public or outdoor settings
2.2 Increase the amount of effective community and/or education and/or access arts activity
2.3 Increase the range of arts events and activities on offer in the area
2.4 Spread the availability of arts events and activities evenly throughout the year
2.5 Spread the availability of arts events and activities evenly throughout the Bath & North East Somerset area
3. To encourage the development of cultural and creative industries
3.1 Facilitate the development of `City of Festivals' and the setting up of appropriate mechanisms to realise its aims
3.2 Spread the availability of festivals evenly throughout the year
3.3 Spread the availability of festivals evenly throughout the Bath & North East Somerset area
3.4 Encourage training and development for festivals and other arts organisations to ensure quality and sustainability
3.5 Increase the level of co-operation, partnership working, and skill-sharing amongst arts organisations
2.1.6 SPECIFIC STANDARDS FOR THE SERVICE
The Organisation agrees to maintain specific standards consistent with the Council's Corporate Improvement Priorities throughout the duration of the Agreement
See Schedule 1 - Service Standards.
2.1.7 TARGETS OF THE SERVICE
The performance of the Organisation will be assessed in relation to specific targets throughout the duration of the Agreement (to be subject to review at each Annual Monitoring Review)
See Schedule 2 - Service Targets.
2.1.8 MONITORING OF VALUES, STANDARDS AND TARGETS
1.1 The Council's Link Officer and the Organisation's Chief Executive shall meet monthly, to monitor performance and plan developmental activity.
1.2 The Organisation shall report to the Council's Executive Member for Tourism, Leisure and Culture annually at the Annual Monitoring Review on the performance of the Organisation. This report shall demonstrate how the services delivered under the terms of the Agreement meet the objectives of the Council.
1.3 There shall be an Annual Monitoring Review between both parties each October. This meeting shall be used to :
· review and agree all targets for the year and coming years
· review and agree financial planning and budget forecasts
· agree on major changes to the services provided.
1.4 There shall be, in addition to the monitoring processes outlined above 1.1-1.3, a Review of year 1 of this Agreement in April 2007. This Review shall evaluate the extent to which the Organisation has achieved joint working with Bath Tourism Plus (Schedule 2 / B12 refers), and shall confirm to the Organisation whether the Council is satisfied with the Organisation's performance in 2006-7.
1.5 Should the Organisation be failing to meet standards and targets identified as key in 2.1.6 (Schedule 1) and 2.1.7 (Schedule 2) above, then the Council shall have the right at the Annual Monitoring Review to request an improvement in performance within an agreed timescale or a satisfactory explanation from the Organisation of why this is not possible.
2.2 ROLE AND RESPONSIBILITIES OF THE COUNCIL AND ITS LINK OFFICER
2.2.1 FINANCIAL PROVISION
1.1 The Council shall pay the following amounts to the Organisation (the Agreement Sum):
2006-7 £296,666
2007-8 £301,116 (1.5% inflation applied)
2008-9 £305,632 (1.5% inflation applied)
1.2 Payment of the annual grant shall be administered by the Link Officer as delegated by the Director.
1.3 In addition the Organisation shall receive the following benefits from the Council:
Payment of rent for occupation of Council-owned office premises
2006-7 £19,600
2007-8 £19,600
2008-9 £19,600
Payment of room hires in Council-owned buildings
2006-7 £13,310
2007-8 £13,310
2008-9 £13,310
1.4 The Council shall also, subject to available resources, pay an additional amount to the Organisation for additional work to be delivered relating to development of festivals in Bath & North East Somerset. The resources allocated for festivals development over the three years of this Agreement are:
2006-7 £20,000
2007-8 £20,000
2008-9 £20,000
1.5 The Agreement Sum referred to in 2.2.1/1.1 shall be payable plus VAT if agreed applicable by HM Customs.
2.2.2 ATTENDANCE AT EVENTS AND PROJECTS
1.1 The Link Officer will work with the Organisation to encourage Council Members to attend a wide range of the Organisation's festivals, events and projects, and to advise on how the Organisation may best communicate and promote its services to Members.
1.2 The Link Officer or other officer nominated by the Link Officer will attend selected events for monitoring purposes. To this end, the Organisation shall provide, without charge, tickets to specific events as agreed with the Link Officer.
2.2.3 PROVISION OF COUNCIL INFORMATION
1.1 The Link Officer will advise the Organisation of other nominated officers for the different Council services with which the Organisation needs to liaise in order to provide the services set out in the Agreement. These will include, but not be limited to: Education; Heritage Services; Planning Services; Highways and Transportation; Open Spaces; Economic Development; Major Projects.
2.2.4 RELATIONSHIP WITH OTHER FESTIVALS AND CULTURAL ORGANISATIONS IN BATH & NORTH EAST SOMERSET
1.1 The Organisation will facilitate positive working relationships between the Organisation, festivals and cultural organisations, and the Council's Arts Development service, by means of:
· Development of effective partnerships between the Organisation and other partner and stakeholder organisations
· Contributing to strategic initiatives such as B&NES Arts Partnership (BAP), B&NES Cultural Partnership, and others
· Convening regular meetings of a Festivals Forum, or festivals advisory group or such similar body as may be set up, and of working groups as may be required to support the work of the Organisation.
2.2.5 USE OF COUNCIL BUILDINGS AND OPEN SPACES
1.1 The Council recognises that the Organisation will wish to present events in Bath & North East Somerset's historic buildings and open spaces.
1.2 The Organisation will develop and maintain positive working relationships with those Council services that are responsible for the historic buildings and open spaces that the Organisation wishes to use.
1.3 Provisional bookings for two specific festivals shall be finally confirmed as follows:
Bath International Music Festival 2007 must be confirmed by 1 January 2007
Bath International Music Festival 2008 must be confirmed by 1 January 2008
Bath International Music Festival 2009 must be confirmed by 1 January 2009
Bath Literature Festival 2007 must be confirmed by 1 November 2006
Bath Literature Festival 2008 must be confirmed by 1 November 2007
Bath Literature Festival 2009 must be confirmed by 1 November 2008
Provisional bookings will be held in the name of the Council and may be cancelled at the discretion of the Council's Heritage Hospitality Manager or his/her appointed deputy.
1.4 The Organisation will operate within the terms and conditions of the Council's Heritage Services Room Hire Policy (2005). The discounts available to the Organisation will be within these terms and conditions and will be clearly documented. It will be a condition of discounted terms that:
The Organisation acknowledges B&NES Heritage Services or its venue in an appropriate manner alongside other major supporters or sponsors
The Organisation pays invoices raised by the Council for the use of its buildings and related services in accordance with the Council's standard terms, namely within 30 days.
2.2.6 USE OF HIGHWAYS AND OTHER PUBLIC SPACE
1.1 The Council recognises that the Organisation will wish to present events (including, but not limited to, parades, processions, street theatre, music performance) on and adjacent to the public highway and other public space which is the responsibility of Bath & North East Somerset Council.
1.2 The Organisation will develop and maintain positive working relationships with those Council services that are responsible for the highways and public space that the Organisation wishes to use.
1.3 The Council recognises the importance of the Organisation's promotion of festivals to enhance the area's image, create positive first impressions to visitors, communicate that Bath is a living city, animate urban spaces, and create an atmosphere of celebration at key points of the year. Forms of promotion may include, but will not be limited to, cross street banners, banners on street lighting standards, signs at entry-points to Bath and other appropriate areas, temporary public art, vertical banners on buildings, light projections on to buildings, flags, and information boards.
1.4 The Organisation will ensure that it follows and conforms to all relevant planning regulations, including planning permission, advertisement consent and listed building consent as may be required, and will ensure that it submits the required formal applications to the Council as local planning authority in good time to allow the proper discharge of the Council's statutory duties.
1.5 The Organisation will lead on behalf of all festivals on negotiating `umbrella' arrangements and agreements in relation to 1.1-1.4 for the benefit of all festivals.
2.2.7 FUTURE AGREEMENTS
1.1 The Council will commence discussions with the Organisation regarding any future agreement for 2009 and beyond no later than 1 April 2007.
1.2 Any future agreement regarding the provision of the services covered by this Agreement may be subject to some degree of competition, consistent with the Council's aim to achieve Best Value in the procurement of services.
Until notified otherwise,
The Link Officer for the Council for this Agreement will be:
Ann Cullis
Senior Arts Development Officer
Bath & North East Somerset Council
Arts Development
16a Broad Street,
Bath
BA1 5LJ
Telephone: (01225) 396455
Email: ann_cullis@bathnes.gov.uk
The Director with overall responsibility for this Agreement will be:
Peter Rowntree
Director of Customer Services
Bath & North East Somerset Council
Riverside
Temple Street
Keynsham
BS31 1LA
Telephone: (01225) 394567
Email: peter_rowntree@bathnes.gov.uk
The Council's Executive Member with responsibility for this Agreement will be:
Councillor Nicole O'Flaherty
Executive Member for Tourism, Leisure and Culture
Bath & North East Somerset Council
The Guildhall
High Street
Bath
BA1 5AW
Telephone: (01225) 477034
Email: nicole_o'flaherty@bathnes.gov.uk
The nominated officer for the Organisation for this Agreement will be:
Nod Knowles
Chief Executive
Festivals Organisation
5 Broad Street,
Bath
BA1 5LJ
Telephone: (01225) 462231
Email: nod.knowles@bathfestivals.org.uk