Archived decisions

SERVICE AGREEMENT BETWEEN

BASINGSTOKE AND DEANE BOROUGH COUNCIL

AND

HAMPSHIRE COUNTY COUNCIL

In respect of the MILESTONES MUSEUM SERVICE

1. INTRODUCTION

1.1. This Service Agreement is between Basingstoke and Deane Borough Council (`BDBC') of Civic Offices, London Road, Basingstoke, Hampshire, RG21 4AH and Hampshire County Council (`HCC') of The Castle, Winchester, Hampshire, SO23 8UJ.

1.2. This Agreement is for a three year period commencing on 1 April 2007.

1.3. This Agreement records the funding support being provided by BDBC, the services to be provided by Hampshire County Council in respect of Milestones Museum, monitoring arrangements and circumstances in which the support will be terminated.

2. PROFILE AND FUNDING OF THE SERVICE

2.1. HCC provides the management and administration of Milestones Museum Service including exhibition, conservation, education and staffing provision (`the service').

2.2. BDBC will make available a grant of £180,900* (* subject to confirmation at February Cabinet) for 2007/2008; funding levels in 2008/2009 and 2009/2010 will be subject to an annual uplift on the previous year's contribution based on the BDBC's inflation assessment.

2.3. BDBC will not make any payment until an authorised representative of HCC has signed and returned a copy of this Agreement.

2.4. In respect of each year, payments will be released upon receipt of the annual service plan with budget and the annual out-turn financial performance indicators described in Appendix 3; quarterly instalments to be paid subject to the following schedule:

      2.4.1. 25% upon receipt of out-turn financial and management information for the previous year and out-turn financial and management information thereon;

      2.4.2. 25% upon receipt of financial/budget and management information due 21 July;

      2.4.3. 25% upon receipt of financial/budget and management information due 21 October;

      2.4.4. 25% upon receipt of financial/budget and management information and predicted out-turn figures for the financial year due 21 January;

2.5. BDBC may, having due regard to the cash-flow position of the Milestones Museum consider advancing payments in exceptional circumstances, subject to prior approval.

2.6. The payments made by BDBC shall be used by HCC to maintain or improve the Services as set out in Appendix 1( to be provided).

2.7. The funding for the Service is based on the outline of the Service set out in Appendix 1. It is recognised by the parties that changes to this outline may occur over time. Any significant changes in the outline must be mutually agreed in writing by the parties to this Agreement.

2.8. Funding for the service is made available on the understanding that the Service at the Milestones Museum meets the management standards set out in Appendix 2.

2.9. In the event that Milestones Museum should convert to Trust Status during the term of this Agreement, the parties agree that this Agreement will terminate with effect from the date on which the Trust assumes contractual responsibility for the management and provision of the Service. In such event, BDBC agrees to enter into a new Agreement with the Trust based on similar terms to this Agreement save that the annual grant would reduce in line with the cost to BDBC of awarding discretionary rate relief.

3. COMMUNICATION, MONITORING AND EVALUATION

3.1. HCC recognises that they are receiving public funding and accept the responsibility of BDBC to account for these monies.

3.2. Links with BDBC will be maintained through a Lead Officer, the Arts and Heritage Manager who will be the first point of contact between BDBC and HCC in respect of the Milestones Museum. The Lead Officer will be supplied with an agenda, and all papers, including minutes and written reports, of relevant management meetings not less than five working days before the meeting and may attend relevant management meetings as an observer.

3.3. The Services will be monitored using the Performance Indicators (PIs) and means of assessment outlined in Appendix 3. The aim of these PIs is to provide an accurate, fair and rounded picture of the Service covering financial, performance and quality aspects.

3.4. Representatives of BDBC and HCC will meet at least once a year to review and evaluate the performance of the Milestones Museum. This meeting will consider reports on the Milestones Museum in addition to the PIs and other means of assessment.

3.5. The review meeting, and the reports presented to it, will include consideration of the following issues:

      a) Changes in the profile of the Services with reference to Appendix 1

      b) Performance of the Milestones Museum against the PIs and quality standards as set out in Appendix 2 and Appendix 3. BDBC recognises that a variety of factors will affect at least some of the PIs chosen (including cost effectiveness).

      c) Views from users and/or audiences on the Services.

      d) The possibility of enhancements to and of development of the Service.

      e) The financial position of the Milestones Museum Service.

3.7 It is a condition of all BDBC funding, grants and support in kind that the BDBC Logo together with acknowledgement of support is used on all printed material, in accordance with guidelines laid out in Appendix 4.

4. TERMINATION

4.1. This Agreement may be ended by BDBC at any time without prior notice in the event of:

      4.1.1. A misuse of payments made by BDBC;

      4.1.2. A breach of the law by HCC in respect of the Milestones Museum;

      4.1.3. Failure by HCC in respect of the Milestones Museum to comply with the arrangements for communication, monitoring and evaluation set out in this Agreement. Provided that BDBC will not terminate this agreement under Clause 4.1 without giving HCC 14 days within which to appeal.

4.2. In the event of a termination under Clause 4.1, BDBC shall be under no obligation to make any further payments to HCC under this Agreement and HCC shall within 28 days account for any payments made by BDBC under this Agreement and shall refund any part of such payment which has not been expended or contractually committed by HCC in respect of the Milestones Museum.

4.3. Notwithstanding the termination provisions of Clause 4.1 either party may terminate its interest in this Agreement and any liability hereunder (except liabilities accrued before the termination hereof) by giving to the other party not less than 18 months written notice of its intention to terminate its interest in this Agreement and any such written notice to be served by sending it by recorded delivery to or first class post to or delivering it by hand to the Chief Executive of the party being served with the notice at the respective address set out at Clause 1.1.

4.4. This Agreement shall terminate in the event of the Milestones Museum converting to Trust Status, as provided for under Clause 2.9.

4.5. For the avoidance of doubt, unless the provisions of Clause 4.1 and/or 4.3 hereto are invoked, or termination occurs pursuant to Clause 2,9, this Agreement will remain in full force for the duration of the period referred to in Clause 1.2 hereto.

4.6. Not less than six months prior to the expiry period referred to in Clause 1.2 hereto, BDBC and HCC shall commence discussions as to whether they wish to enter into a new Agreement on similar terms to this Agreement.

    Signed ............................................. Date ............................................

    For BASINGSTOKE AND DEANE BOROUGH COUNCIL

    In the presence of:

    (Witness)

    Signature

    Address

    Occupation

    Signed ............................................. Date ............................................

    For HAMPSHIRE COUNTY COUNCIL

    In the presence of:

    (Witness)

    Signature

    Address

    Occupation

    APPENDIX 2: MANAGEMENT STANDARDS

    Communication with Users

    There should be adequate communication and, where appropriate, consultation with users regarding the general operation of the Service and in particular any changes in its operation. HCC in respect of the Milestones Museum will outline how this communication is to be effected.

    Complaints

    HCC in respect of the Milestones Museum has a complaints procedure for users of the Service and this is publicised to users. This will be available for inspection by BDBC.

    Equal Opportunities

    HCC in respect of the Milestones Museum has an equal opportunities policy. This will be available for inspection by BDBC.

    Publicity

    All publicity for the Milestones Museum should acknowledge revenue funding from BDBC. One example of all publicity must be sent to BDBC's Lead Officer.

    Health and Safety

    HCC in respect of the Milestones Museum will ensure that it follows good Health and Safety practice. HCC in respect of the Milestones Museum's Health and Safety procedures should be available for inspection at all times.

    Legal Requirements

    HCC in respect of the Milestones Museum will ensure that it follows all legal requirements.

    Sustainability Policy

    All organisations are encouraged to consider and adopt a policy for environmental and sustainability issues.

    Children and Vulnerable Adults

    All organisations are responsible for being fully aware of issues about protecting children and vulnerable adults. HCC in respect of the Milestones Museum will ensure that any possible risks involved in the funded activities have been considered and that a written policy and set of procedures is adhered to.

    APPENDIX 3: PERFORMANCE INDICATORS FOR

    MILESTONES MUSEUM

Reports of all performance indicators and related information should be provided to the Planning and Performance Officer at BDBC no later than the 21st day of the month following the end of each quarter

Financial Indicators

Quarterly financial reports showing actual income and expenditure compared to budget profile. The Report will also show the adjusted expected out-turn figures for the end of the financial year.

The report will be cost-centred to show the above figures for those activities funded by BDBC. This will include all grants and sponsorship income with BDBC grants shown separately.

Where there is a significant variation (greater that 10%) between original budgets and actuals, explanatory notes will be given and/or the specific points discussed with either the Lead Officer or Planning and Performance Officer. Should action be required the Lead Officer will be informed of this, and/or will be involved in discussions as appropriate.

Quantitative Indicators:

A. Numbers of visits, to include:

    i. Number of pupils visiting in organised school groups(includes secondary school sixth form classes and nursery school classes but not those by sixth form colleges or adult education institutions or play groups);

    ii. Number of visits/usages (usage includes enquiries by telephone, email, or letter and website hits seeking information/research purposes but not enquiries for opening times, prices etc. Presentations to specific audiences should also be included); and

    iii. Total number of visits in person (to include individuals in groups).

B. Number of visiting exhibitions.

Qualitative Indicators

C. Annual Report - to be provided by 30 September.

D. Annual Accounts - to be provided by 30 September.

E. Annual Service Plan programme details - following year actions provided by 30 November.

F. A revised budget forecast will be required annually by 30 November.