THE OXFORDSHIRE COUNTY COUNCIL by tFa2vT

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									   NEIGHBOURHOOD NURSERIES INITIATIVE

                                  TERMS OF GRANT
                    Relating to Provision of Nursery Services



                     SERVICE AGREEMENT


                                  BETWEEN

       SOLIHULL METROPOLITAN BOROUGH
                   COUNCIL

                                      AND

                    ………………………………………………….




                             DRAFT COPY
                                  [AUGUST 2005]




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                                      INDEX


Condition           Heading                                                   Page

0.                  Agreement                                                     4
1.                  Definitions and Interpretation                                4
2.                  Duration of Agreement                                         8
3.                  Authorised Officer                                            9
4.                  The Services                                                  9
5.                  The Service Standard                                          9
6.                  Variations                                                    9
7.                  Provider Obligations                                         10
8.                  Obligations of Solihull EYDCP                                13
9.                   Control and Supervision of Staff                            14
10.                 Default                                                      14
11.                 Complaints/ Comments                                         15
12.                 Confidentiality                                              15
13.                 Compliance with Statutory Requirements                       16
14.                 Indemnity and Insurance                                      16
15.                 Business Plan                                                17
16.                 Places                                                       17
17.                 Marketing                                                    17
18.                 Compliance                                                   18
19.                 Monitoring                                                   19
20.                 Accounts and Records                                         19
21.                 Payment terms & Conditions                                   21
22.                 Assignment and Sub-contracting                               22
23.                 Termination                                                  22
24.                 Consequences of Termination                                  23
25.                 Recovery of Monies due                                       24
26.                 Occupation of Council Premises                               24
27.                 Occupation of Non Council premises                           24
28.                 Service of Notice                                            25
29.                 Waiver                                                       25
30.                 Arbitration                                                  26
31.                 Force Majeure                                                26
32.                 Continuation of Obligations                                  26
33.                 No Agency or Partnership                                     27
34.                 English Law                                                  27
35.                 Human Rights Act                                             27
36.                 The Contracts (Rights of Third Parties) Act 1999             27
37.                 Signatures                                                   28




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                                   SCHEDULES


Schedule     1      Quality Standards


1.                  Introduction                                               29
2.                  Specification                                              29
3.                  Age range                                                  30
4.                  Nursery opening date                                       30
5.                  Places open to target areas                                30
6.                  Definition of target areas and vacancy periods             30
7.                  Fees structure                                             30
8.                  Working and Child Tax Credits                              30
9.                  Support from the Solihull EYDCP                            31
10.                 Other services to be provided                              31


Schedule     2      Monitoring and Review

1.                  Monthly Report                                             31
2.                  Review                                                     32

Schedule     3      Grant Payment Schedule


1.                  Grant Payment Schedule                                     33

Schedule     4      5 Year Business Plan

1.                  5 Year Business Plan                                       34


Schedule     5      Designated Area Postcodes

1.                  Designated Area Postcodes                                  35




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THIS AGREEMENT is made the………. ….. day of …………. Two Thousand and Five

BETWEEN

(1)   SOLIHULL METROPOLITAN BOROUGH COUNCIL of P.O. Box 20, Council House,
      Solihull, B91 3QU (“the Council”) acting by its Corporate Director of Education and
      Children’s Services for the time being and

(2)   Name: ………………………………………………….

      Address (registered office): ………………………

      Company Registration number ……….. (“the Provider”) acting by director/manager

WHEREAS

A     The Council wishes to provide a grant under section 19 of The Children Act 1989 to
      the Provider for providing support and to develop a Neighbourhood Nursery in
      Solihull on behalf of Solihull Metropolitan Borough Council on the terms and
      conditions appearing below.

B     The Provider wishes to accept the Council’s grant and to provide Neighbourhood
      Nurseries in Solihull on behalf of Solihull Metropolitan Borough Council on the terms
      and conditions appearing below.

IT IS AGREED AS FOLLOWS:

 1.    DEFINITIONS AND INTERPRETATION

In these Conditions, except where the context otherwise requires, the following expressions
shall have the meanings hereby ascribed to them:

 "Accreditation      a DfES approved quality assurance scheme
 Scheme"

 "Applicable         Any applicable statute, statutory rule, order, directive, regulation or other
 Legislation"        instrument having force of law, all mandatory requirements of any
                     Relevant Body, National Standards, Guidance, and all legislation for the
                     time being in force governing or relating to childcare and the provision of
                     nursery services and health and safety provisions




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 "Authorised        Means the officer of the Council as defined in Condition 3;
 Officer"

 "Business Plan"    The business plan prepared by the Early Years and Childcare Service and
                    the Provider in relation to the Services as agreed with Solihull MBC and
                    attached as Schedule 4;

 "Capital Items"    Any item purchased by the Provider exceeding the value of £300 using
                    funds derived from the Grant

 "Conditions"       Means these Conditions and any modification thereof duly
                    Made in accordance with these Conditions;

 "DfES"             The Department for Education and Skills

 "Disadvantaged     The top twenty percent most Disadvantaged Wards as defined by the
 Areas"             Indices of Multiple Deprivation 2000

 "Effective Date"   The date of commencement of occupancy as stated in Schedule 1

 "EYCS"             The Early Years and Childcare Service who work within Solihull MBC in
                    making local strategic decisions for the NNI


 "Fees"             the fees payable by the Parent to the Provider for a Nursery place

 "Grant Period"     a period of three (3) years from the Effective Date

 "Grant"            the revenue grant award made available by DfES to Solihull MBC for
                    Solihull MBC to distribute to the Provider for the provision of nursery
                    facilities in accordance with the NNI




 "Guidance"         Guidance documentation relating to the provision of nursery services as
                    published by DfES from time to time




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 "Life of this      the period commencing on the Effective Date and, subject to lawful
 Agreement"         termination in accordance with the terms of this Agreement, ending on the
                    fifth (5th) anniversary of the Effective Date

 "National          National Standards for the Registration and Inspection of Full Day Care
 Standards"         and Education as published by OFSTED from time to time

 "Nominated         means the officer of the Council notified to the Provider as
                    such who is to act in a liaison capacity for all aspects of the
 Officer "
                    Agreement; Early Years and Childcare Service Manager

 "Nursery           nursery education for 3 and 4 year old children working towards the early
 Education"         learning goals

 "NNI"              the Neighbourhood Nurseries Initiative by the DfES with the aim of making
                    quality, affordable childcare available in relevant postcode areas; see
                    Schedule 5

 "Nursery"          the child care facility to be operated by the Provider as identified in the
                    Quality Standards

 "OFSTED"           the Office for Standards in Education

 "Parent"           any person with parental responsibility for a child including carers and
                    guardians to whom the Nursery and related services are provided by the
                    Provider to such parent (and a child within their care) from time to time

 "Pockets of        the Pockets of Disadvantage as identified by local authorities
 Disadvantage"

 "Quality           the detailed description of the Services as set out in Schedule 1
 Standards"




 "Relevant Body" any body providing guidance or monitoring in relation to childcare and



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                      nursery provision including, without limitation, OFSTED, DfES, EYCS and
                      Solihull MBC

 "SENCO"              Special Educational Needs Co-ordinator. An employee of the Provider
                      who has responsibility for co-ordinating services for children with special
                      needs

 "Services"           the provision of nursery facilities by the Provider as detailed in the Quality
                      Standards; Schedule 1

 "Staff               means any person whether paid or unpaid engaged upon the
                      provision of the Services and under the control of the
                      Provider;

 "Target Areas"       the areas designated as such by DfES for the purposes of the NNI as
                      detailed in Schedule 5

 "WTC"                Working Tax Credit or its successor`

 "User/Client"        Means any child to whom the Services are provided by the Provider;

 "Year"               a twelve month period the first year commencing on the Effective Date and
                      each subsequent year commencing on each anniversary of the Effective
                      Date for the Life of this Agreement


       Interpretation

1.10   It is hereby agreed between the parties that English Law shall govern the construction, validity
       and performance of this Agreement.

1.11   Any reference to a statutory provisions includes reference to:-

       1.11.1       any statutory provision, by which it is re-enacted, consolidated, amended
                    or extended;
       1.11.2       any statutory provision which it re-enacts, consolidates, amends or
                    extends; and
       1.11.3       all statutory instruments made under it or them.




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1.12   Words implying the masculine gender include the feminine gender and vice versa;
       words in the singular include the plural and vice versa and words implying individuals
       shall be treated as implying groups and vice versa.

1.13   The Condition headings do not affect the interpretation of this Agreement and any
       reference to a clause, sub-clause, schedule or annex is a reference to a clause, sub-
       clause, schedule or annex of this Agreement, unless stated otherwise.

1.14   The Agreement and the Premises Occupancy Agreement represent the entire
       understanding between the parties in relation to the subject matter.

1.15   If any of the Conditions become or are declared by a Court of competent jurisdiction to
       be invalid or unenforceable such invalidity or un-enforceability shall in no way impair or
       affect any other conditions all of which shall remain in full force and effect.

1.16    All parts of the Agreement are to be read as mutually explanatory except that these
       Conditions shall prevail over any inconsistent terms or provisions elsewhere. Where a
       disputed interpretation occurs, the dispute will be referred to arbitration as per section
       30 Arbitration.

1.17   The Schedules are an integral part of this Agreement and shall be interpreted
       accordingly. In the event and to the extent only of any conflict between the Clauses
       and the Schedules, the Schedules shall prevail over the Clauses;

1.18   References to statutory provisions include all prior and subsequent enactments,
       amendment and substitutions relating to that provision and to any regulation made
       under it.

 2.     DURATION OF AGREEMENT

2.1    The Agreement shall commence on the …………………….. and shall continue in force
       for a period of five years from the effective date until the …………………… unless
       terminated in accordance with the provisions of Condition 23 (Termination).

2.2    The Quality Standard (Schedule 1) and Monitoring and Review (Schedule 2) shall be
       reviewed annually with the first review to take effect on the ………….. and thereafter
       on the ……….. of subsequent years of the term of the Agreement.




 3.     AUTHORISED OFFICER

3.1    The Authorised Officer shall be the Corporate Director of Education and Children’s
       Service Solihull MBC.



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 3.2         The Council's Corporate Director of Education and Children’s Service shall give notice
             in writing to the Provider of the replacement of any Authorised Officer or Nominated
             Officer.

 3.3         The Provider shall appoint and notify the Council of the name of the Authorised
             Representative empowered to act on behalf of the Provider for all purposes connected
             with the provision of the Services. The Provider shall give notice in writing of any
             change of the Provider’s Authorised Representative.

  4              THE SERVICES

4.1          The provider shall deliver new day-care places at the nursery in accordance with this
             agreement and specifically in accordance with the conditions contained in Schedule 1
             (Quality Standard).

  5.             THE SERVICE STANDARD

                 The Provider shall be competent to provide the Services as specified in Schedule 1
                  and shall provide such services to a high professional standard in accordance with
                  good child care practice.

 5.1         The Provider shall ensure that the delivery of the Services complies with Schedule 1
             and exceeds Ofsted’s Minimum Standards.

  6.             VARIATIONS

 6.1         The Conditions of this Agreement may only be varied by written agreement of the
             Authorised or Nominated Officer and the Authorised Representative.

 6.2         Variations to the Quality Standard may be made following:

             6.2.1 Six monthly reviews as described in Schedule 2 (Monitoring and Review);
             6.2.3 Following agreement between both parties for variation in the required
                   Services,provided that such variations fall within the remit of the Provider;

             6.2.4 Annual review of the Specification as set out in Condition 2.2 (Duration of the
                   Agreement) of this Agreement.

       6.3        The Provider shall comply with any agreed variations notified to it under Condition
                  6.2 within the period specified by the Nominated Officer such period to be
                  reasonable in the circumstances.




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      6.4      The provider shall keep Solihull EYCS informed of any significant changes in the
               Services or any related activity from time to time and will supply any information
               related to any change to Solihull EYCS upon request.

      6.5      If the provider fails to notify Solihull EYCS of any significant changes in the project
               delivery, that are detrimental to the agreed objectives, Solihull MBC may with
               reasonable cause withdraw the Grant and request a refund of the grant already
               paid to the Provider.

 7.          PROVIDER’S OBLIGATIONS

The Provider will act towards the Council with good faith at all times and will not do
anything which will adversely affect the reputation of the Council.

The Provider shall;

7.1         On reasonable notice make available to the Nominated Officer records of all Staff
            involved in the provision of Services.

7.2         Employ sufficient and suitably qualified staff to ensure that the Services are provided
            at all times and in all respects in accordance with the legislative requirements
            governing staff requirements in childcare as per the National Standards for Under
            Eights Childcare.

7.3         Maintain current and accurate records of work carried out in the provision of the
            Services, including details of users/clients and shall provide the Council or its nominee
            with access to financial records and data as detailed in Condition 20 (Accounts and
            Records) and in Schedule 2 (Monitoring and Review).

7.4         Comply with and ensure all staff know, understand and abide by all relevant statutory
            requirements and the Provider’s policies and procedures and in particular: -

            7.4.1 adopt safe methods of work and comply with all other requirements of the
                  Health and Safety at Work Act 1974 in order to protect the Health and Safety
                  of its personnel and those of the Council and all other persons.

            7.4.2 will not unlawfully discriminate within the meaning of the Race Relations Act
                  1976 or any comparable provision relating to discrimination in employment and
                  take all reasonable steps to ensure that all employees and agents do not
                  unlawfully discriminate, and comply with all relevant codes of practice issued by
                  the Commission for Racial Equality or comparable body and, so far as
                  practicable, operate an equal opportunities policy which complies with the
                  practical guidelines and recommendations contained in such codes of practice
                  and which complies with the Councils Equal Opportunities Statement:

            7.4.3 will comply with employment law including risk assessment and to ensure all


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             staff have under taken and been subject to Criminal Records Bureau (CRB);
             OFSTED guidance to be followed on all cases.

      7.4.4 Will ensure all childcare provisions conform to The Children Act 1989 and
            any subsequent amendments, and National Standards for Under Eights
            Childcare and any subsequent amendments;

      7.4.5 Will comply with the requirements of the Disability Discrimination Act 1995
            and Special Educational Needs and Disability Act 2001 and shall endeavour
            to make placements to the NNI Project available and accessible without direct
            or indirect discrimination to children with additional needs;

      7.4.6 Will comply with all aspects of Sex Discrimination Act 1976;

      7.4.7 Will comply with all relevant rules procedures and statutory requirements
            concerning food hygiene – as per Environmental Services.

      7.4.8 Will comply with all relevant fire precautions and regulations;

      7.4.9 Will comply with the requirements of the Data Protection Acts 1984 and 1998
            and any subsequent re-enactments or amendments;

             7.4.9.1.1 Each party warrants to the other that in providing the other Party with
                       information under the terms of this Agreement it is not, and will not
                       be, in breach of the Data Protection Act 1998 and all subordinate
                       legislation resulting thereto including the eight data protection
                       principles.

      7.4.10 Will maintain insurance and indemnity cover at all times with a reputable
             company as per condition 14; excluding building insurance.

7.5   Ensure that the views of Users/Clients are taken into account when evaluating its
      performance and the services.

7.6   Not represent itself as being the servant or agent of the Council or as having the
      authority to bind the Council other than as permitted in this Agreement and it shall take
      all reasonable step to ensure its Staff, sub-Providers, and agents do not present
      themselves likewise.

7.7   Provide details of its policies for staff recruitment, training, development and
      supervision to EYCS.

7.8   Ensure that where any accident or negative incident has occurred relating to the
      services, the Provider shall not respond to enquiries from the press without first
      making contact with the Council and, if possible and appropriate, agreeing a joint
      response.


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7.9    Liaise with the Nominated Officer before seeking any publicity relating to this
       Agreement other than for the purpose of promoting the Services provided under the
       Agreement.

7.10   Ensure that the Service is available to User/Clients irrespective of race, gender, ethnic
       origin, religion, culture, disability or sexual orientation.

7.11   Identify in its publicity material that the Service receives support from Solihull MBC,
       the ERDF, the Big Lottery Fund, AWM and Sure Start and shall use the respective
       logos on all printed material and display these on the premises from which the
       Services are performed.

7.12   When it receives a reasonable request from the Nominated Officer, investigate matters
       of concern and take action in accordance with its disciplinary policy or procedure.

7.13   Agree the Solihull Early Years and Childcare Service and/or the Department for
       Education and Skills may publicise the work of the Nursery.

7.14   Maintain an asset register of any capital items, i.e. those costing more than £300 or
       more, purchased with revenue funding and report any items to be used for other
       purposes or disposal to the Nominated Officer as soon as practicable, such register to
       be open for inspection by the Nominated Officer at all reasonable times.

7.15   Register and retain registration under the Care Standards Act 2000 via OFSTED
       Early Years.

7.16   To indemnify and keep indemnified the Council against all actions, claims costs and
       demands and the like made against the Council arising out of this Agreement either
       directly or indirectly other than due to the act or default of the Council.

7.17   Promote and advertise the services in the locality.

7.18   Participate in any evaluation commissioned by the DfES and/or EYDCP and subject to
       reasonable notice provide any information held by the Provider required to complete
       the evaluation.

7.19   Not offer or give, or agree to give any representative of the Council any gift or
       consideration of any kind as an inducement or reward for doing or refraining from
       doing, or for having done or refrained from doing, any act in relation to this or any
       other contract or for showing favour or disfavour to any person in relation to such a
       contract. The Provider is referred to the criminal offences provisions of the Prevention
       of Corruption Acts 1889 to 1916.




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7.20   Shall liase with and co-operate with all Council officers and other acting agents
       appointed to undertake duties on behalf of the Council. The Provider will comply with
       all reasonable instructions issued by the Nominated Officer.

7.21   Provide access at all reasonable time to Nominates Officers of the Council’s EYCS for
       the purposes of checking compliance of Schedule 1 and 2

 8.        OBLIGATIONS OF SOLIHULL EYDCP

8.1    The Solihull Early Years Childcare Service shall provide the following support:

           Business Development
           Childcare Development, Advice and Support
           Advice on other sources of appropriate funding
           Qualified Teacher Support
           Area Inclusion Support

8.2    The Council will supply the Provider without charge and within a reasonable time with
       any relevant and necessary information and shall give any reasonable assistance
       required by the Provider in carrying out the NNI Project.

8.3    The Nominated Officer will provide guidance and assistance on policy matters and will
       monitor the progress of the NNI project. The Provider should address any enquiries
       on procedural or contractual matters to the Nominated Officer.

8.4    The Council will allow representatives from the DfES, Big Lottery, AWM, GOWM, EU
       Auditors, External Audit and other government bodies and any other relevant
       monitoring bodies access to its accounting records.

8.5    The Council will maintain a clear audit trail as required by the applicable regulations
       and guidance and will provide a clear account of its rationale for determining the actual
       cost awarded.

8.6    Nothing contained in this Agreement shall require the Council to be construed as
       having any commitment or obligation at any time to pay the Provider any sum/s other
       than those referred to in the payments schedule; Schedule 3.

 9.        CONTROL AND SUPERVISION OF STAFF


9.1    The Provider shall be responsible for the necessary organisation and administration of
       the NNI Project and will appoint a Nursery Manager/Officer in Charge who will be
       responsible for the day to day running of the NNI Project and shall act as a first point
       of contact for the EYCS.


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9.2    Will employ competent and properly qualified persons to undertake supervision and
       operation of the NNI Project.

9.3    Take steps to ensure that all Staff employed are honest, careful, suitably qualified,
       competent in the skills required, capable and experienced to provide the Services
       required as defined by OFSTED Childcare Guidelines.

9.4    Take steps to ensure that all Staff disclose their convictions including those ordinarily
       considered spent under section 4(2) of the Rehabilitation of Offenders Act 1974
       and the Rehabilitation of Offenders Act 1974 (Exemptions) Order 1975 as
       amended by the Rehabilitation of Offenders Act 1974 (Exemptions)
       (Amendment) Orders 1986 and shall ensure that no Staff with convictions are used in
       the provision of the Services without the prior written permission of the Nominated
       Officer.

9.5    Require all new Staff to provide two references, which must confirm competency and
       suitability for the post. Where appropriate one reference should be from a current or
       most recent employer.       Appointment will depend upon receiving successful
       references and CRB check.

9.6    Shall supply staff involved in delivery of the Services to Users/Clients with a form of
       identification.

9.7    Provide details of its grievance and disciplinary procedures if requested to do so by
       the Nominated Officer.

9.8    Take steps to ensure that local residents from the relevant Post Code Areas (See
       Schedule 5) have access to job opportunities within the NN

 10.    DEFAULT

10.1   The Nominated Officer shall be entitled to take any necessary steps required to
       ascertain whether the Provider has performed the Services in accordance with the
       Agreement.

10.2   Without prejudice to any of the Council's remedies under this Agreement the
       Nominated Officer shall notify or confirm in writing to the Provider any situation
       causing dissatisfaction with the Services or any part thereof.

10.3   In the event that the Provider fails to provide the Services in accordance with this
       Agreement and has failed to respond to requests to rectify within a reasonable time,
       the Council reserves the right to the next and subsequent payment due under this
       Arrangement until the default is rectified.




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 11.    COMPLAINTS/COMMENTS

11.1   The Provider shall allow access to and keep a chronological central register and on
       personal files, records of complaints about Services and Staff and any other relevant
       issues and shall make the register and file available to the Nominated Officer within 2
       (two) working days of request.

11.2   The Provider shall deal promptly with any comments or complaints received, whether
       received direct or via the Council, and will provide a copy of all correspondence to the
       Nominated Officer.

11.3   Any issues arising from complaints received by the EYCS relating to the provision of
       Services by the Provider will be shared with to the Provider as soon as possible.

 12.    CONFIDENTIALITY

12.1   The Provider, it’s employees or agent’s shall ensure that any information supplied by
       the Council or a User/Client is treated at all times as confidential and shall not be
       disclosed to any person (except as may be required by law or under the disclosure
       principles as set out in guidance issued by the Council) and the Provider shall not
       make use of any such information for their own purposes; other than the furtherance of
       this project.

12.2   The Council, its employees, agents or servants shall ensure that information supplied
       by the Provider or a user/client is treated as confidential and shall not be disclosed to
       any person (except as may be required by law or under the disclosure principles under
       UK or EU legislation) and the Council shall not make use of any such information for
       their own purposes save that the Council may produce such information to the DfES,
       the Early Years and Childcare Service, the Big Lottery Fund, OFSTED, AWM and
       GOWM.



 13.    COMPLIANCE WITH STATUTORY REQUIREMENTS

13.1   The Provider shall comply with all relevant UK and EU legislation.

13.2   The Nominated Officer shall have the right to suspend any payment due, excluding
       minor infringements, if the Provider does not comply with statutory requirements.
       Services shall not be resumed until the Authorised Officer agrees that compliance is
       satisfactory.

13.3   The Provider shall inform the Nominated Officer of the person appointed to undertake
       responsibility for Health and Safety matters including risk assessment for the purposes
       of this Agreement.



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13.4   The Provider shall fully indemnify the Council against any claims made as a result of
       any failure in compliance.

 14     INDEMNITY AND INSURANCE

14.1   The Provider shall at all times maintain insurance cover with a reputable company to
       include:

       14.1.1 Contents to cover the cost of a complete rebuild of the nursery premises and
              replacement of all contents.

       14.1.2 Public Liability in the sum of a minimum of £5,000,000 (five million) per claim,;

       14.1.3 Employers Liability in the sum of £10,000,000 (ten million) per claim;

       14.1.4 Professional Indemnity/Trustee and Officers Indemnity in the sum of
              £2,000,000 (two million) per annum;

       14.1.5 Theft by employee insurance in the sum of £25,000.

14.2   Building Insurance is the responsibility of the Council and all premiums will be charged
       at full cost to the provider;

14.3   The Provider shall indemnify and keep indemnified the Council from and against the
       injury to or death of any persons, or loss of or damage to any property or liability
       incurred, whether criminal or civil, and legal fees and costs incurred by the Council
       arising from the Provider’s provision or attempted provision of the Services including
       but not limited to any act of or omission by the Provider or its Staff or any Provider
       working on its behalf whether deliberate or otherwise. In particular the Provider will
       indemnify the council against any financial risks caused by non-compliance
       with NNI regulations.

14.4   The Provider shall supply to the Nominated Officer annually and at any other time
       within 14 days of request a copy of all insurance policies, cover notes, premium
       receipts or such other documents as may satisfy the Council that the Provider has
       complied with this Condition.



 15     BUSINESS PLAN


15 The Provider in conjunction with the EYCS has prepared a five year Business Plan (a
   copy of which is annexed hereto as Schedule 4) which has been approved by Solihull



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      MBC. The Provider shall discuss with the Local Authority from time to time material
      deviations from the Business Plan, via the Nominated Officer

 16      PLACES


16.1    The Provider shall make Nursery places available as set out in the Quality Standards.

16.2    The Provider shall maintain a waiting list and be responsible for allocating vacant
        places in accordance with the priority set out in the Quality Standards.

16.3    The Provider shall use best endeavours to make Nursery places available and
        accessible without direct or indirect discrimination to children with additional needs
        and, with the support of Solihull EYCS, shall provide SENCO support at the Nursery in
        accordance with statutory obligations.

 17      MARKETING


17.1    The Provider shall with the support from the EYCS actively market the Nursery within
        the Target Areas in accordance with the marketing and publicity strategy detailed
        within the Business Plan.

17.2    The Provider shall provide relevant information in response to reasonable requests by
        Solihull EYCS in order to assist Solihull MBC in the execution of its public relation
        duties.

17.3    The Parties shall discuss on a regular basis the marketing strategy being adopted by
        the Provider throughout the Life of this Agreement. If the Nursery place take-up is low
        from the Target Areas the Provider may be required by Solihull MBC to provide
        demonstrable proof that it is making adequate efforts to market within the Relevant
        Post Code Areas - Schedule 5. Solihull MBC may at its discretion by providing a
        reasonable period of written notification either being at least 14 days:

        17.3.1 withhold any further Grant payment; or

        17.3.2 request that a proportion of Grant payments is repaid if the Provider is failing to
               take marketing arrangements in respect of the Target Areas.

17.4    In all publicity material relating to the Services the Provider shall acknowledge the
        support given by the SMBC, DfES, The Big Lottery Fund, ERDF, GOWM and AWM.

17.4.1 The Provider shall display or affix in the Nursery a placard stating that the Nursery is a
       member of the NNI as supported by DfES, SMBC, The Big Lottery Fund, GOWM and
       AWM and shall display designated logos to such effect.



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 18  COMPLIANCE
ORMANCECWALKERCWALKERCWALKERCWALKER

18.1   The Provider shall comply with:-

       18.1.1 the Quality Standards;

       18.1.2 this Agreement;

       18.1.3 the Business Plan;

       18.1.4 all Applicable Legislation;

       18.1.5 in a proper and business like manner and in particular ensure that the delivery
              performance complies with best practice within the childcare and nursery
              sector; and

       18.1.6 all reasonable instructions given to the Provider by Solihull EYCS.

18.2   At all times in the performance of its obligations the Provider shall:-

       18.2.1 co-operate with Solihull EYCS and applicable Relevant Bodies;

       18.2.2 consult with Solihull EYCS and applicable Relevant Bodies to achieve:-

             18.2.3 best practice in the delivery of provision; and

             18.2.4 optimum efficiency in the delivery of provision.

18.3   The Provider shall demonstrate a high quality childcare service and the Provider must
       participate in any local authority Quality Framework and be committed to
       continuously improve the Services.

18.4   The Provider shall ensure that the Nursery is registered under and complies with the
       Care Standards Act 2000 and the National Daycare Standards for under 8 year
       olds.

18.5   The Provider shall have in place a written complaints procedure which shall be made
       available to Parents and shall make available to Solihull MBC or any Relevant Body
       information relating to a complaint upon request.

19 MONITORING                                                                                   .

19.1   The Provider shall monitor the take up and usage of the Nursery throughout the Life of
       this Agreement.

19.2   The Provider shall submit to Solihull EYCS on a monthly basis:-




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        19.2.1 reports as detailed in Schedule 2; and

        19.2.2 agreed information required to satisfy Solihull MBC that the Grant is being
               wholly and exclusively used for the NNI and no other purpose; and

        19.2.3 information required either to comply with any legal requirement under this
               Agreement or for any audit requirements.

19.3   Solihull MBC and the Provider shall undertake a formal review meeting at least every
       six months during the Life of this Agreement. Solihull MBC may however at any time
       request a review meeting with the Provider to monitor and assess the Provider's
       performance of the Services.

19.4   The Provider must comply with any action plan agreed at a review meeting..

19.5   The Provider shall keep full and accurate records in relation to this Agreement and
       shall permit nominated representatives of Solihull MBC or any Relevant Body access
       to such records at all reasonable times.

19.5.1 The Provider should retain records for the period of 7 years from the Effective date.
       After which records can be destroyed on a seven-year rolling basis.

 20     ACCOUNTS AND RECORDS

20.1   The Provider shall submit annually, for a period of 5 years from the commencement of
       funding, to the Nominated Officer an Annual Report and Audited Accounts, within 6
       months of its financial year-end.
20.2   Where the nursery provision is part of a larger business a separate income and
       expenditure account and balance sheet relating to the specific business unit providing
       the service covered by this agreement and signed by a qualified accountant shall
       provided annually.

20.2   The Provider must satisfy the Council that proper financial accounting systems and
       practices are in place.

20.3   The Provider shall ensure that reference is made in the Provider’s Annual Report and
       Accounts of the financial support received pursuant to this Agreement.

20.4   The Provider shall provide the Council, the Council’s internal or external auditors, the
       Big Lottery Fund, the DfES, AWM, GOWM and the Local Government Ombudsman
       with access to its financial records, minute books and any other relevant evidence as
       to the propriety of its affairs upon request and provided that reasonable written notice
       of its requirement to inspect is given, insofar as it relates to the NNI.

20.5   The Provider shall provide the Council with a monthly breakdown of expenditure and
       ledger prints, to be submitted with the monthly invoices, in respect of the services



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       provided. It shall maintain an audit trail of expenditure in line with DfES requirements
       and retain those records for a period of seven years as per 19.6 above.

20.6   The Provider shall keep a record of all NNI funding which should be used exclusively
       for the purposes identified in Schedule 1 (Quality Standard).

20.7   The Provider shall continue to provide copies of audited accounts up to and including
       the financial year 2012/13.

20.8   The Provider must provide a clear and unambiguous audit trail.

20.9   The Providers financial records must show what to whom, why and how funds were
       paid. All payments identified must be for eligible items as defined by NNI Guidance.
       Allocation of overhead costs must be clearly separated and itemised.

20.10 The Provider will keep a record of all expenditure on the NNI Project and all
      appropriate invoices and receipts shall be retained for at least seven years after the
      end of the financial year to which they relate and will be made available at all times for
      audit or inspection by auditors or officials of the Council, or other authorised body.

20.11 The Council may wish to see a number of financial records including all or any of the
      following:-

       20.11.1      book with up-to-date balances and references to appropriate
                    invoices/vouchers
       20.11.2      reconciliation between the Cash Book and the Bank Statement
       20.11.3      the Providers cheque book, with completed stubs
       20.11.4      invoices/vouchers
       20.11.5      separate petty cash record with a running balance

20.12 The Provider must have a bank account in the name of the nursery. At least two
      Management Committee members (or two officers where there is no Management
      Committee) must sign for this account. One of these members must be the treasurer
      (if applicable). All cheques must be signed by at least two authorised signatories.

20.13 The Provider will be responsible for all other sums relating to the NNI Project and in
      particular the sums set out in Schedule 4 (Business Plan) towards the Project.

20.14 The Provider shall keep separate records for expenditure on all capital items
      purchased during the life of this agreement. Any profits made on subsequent
      disposals must be accounted for. The funding providers will ask for the profits to be
      refunded to them.

20.15 The Provider will supply within 5 working days of the end of the previous month a
      register of attendees of the nursery, as part of the monthly monitoring report.




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20.16 Surplus trading profits must be clearly identified in financial records, and an annual
      plan submitted of how these will be used to re-invest in the service.



 21        PAYMENT TERMS AND CONDITIONS

21.1 The Council shall provide a total grant of £……….to the Provider over the first three
     years of the term of the Agreement, on the following basis:

       -        upto 50% of the grant in year 1
       -        upto 30% of the grant in year 2
       -        upto 10% of the grant in year 3

21.2 The first quarters payments will be released in advance within 14 days after signing
     this agreement. All subsequent payments will be paid quarterly and will be triggered
     through submission of a satisfactory quarterly claim invoice from the Provider, together
     with a monthly report as outlined in 21.3.2; payments will be made by BACS Transfer
     into the nursery’s bank account.

21.3 Payments made shall be subject to the following:

       21.3.1         the Provider has complied and continues to comply with this agreement.

       21.3.2         No payments (as set out in Schedule 3) will be made unless all the
                      previous quarter’s monthly nursery reports including register of
                      attendance, breakdown of income and expenditure, statistical
                      information and narrative reports have been received within 5 working
                      days of end of each quarter. The reports demonstrate that the NNI
                      project is being undertaken in accordance with the terms of this
                      agreement, and in line with DfES requirements as referred to in
                      Schedule 1 of this agreement.

       21.3.3         the Council shall only pay the payments set out in Schedule 4.
                      Payments of VAT will be made subject to receipt of a valid VAT invoice.

21.4   This agreement shall not impose any liability on the council to make a payment to the
       Provider unless a claim for payment is made, supported and approved by such
       vouchers, invoices and other evidence as the Council, Authorised Officer, or New
       Opportunities Fund, AWM, GoWM may require. These should be submitted within the
       period to which the claim expenditure relates.

21.5   Payment instalments shall be made in accordance with Schedule 4.

21.6 The grant shall only be used for the purpose of providing the Service to children living
     within the Relevant Post Code Areas - see Schedule 5.



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21.7 The Council may at its discretion advance monies to the Provider. Any advance will
     be subject to the condition that the Provider provides an account of expenditure
     support by such vouchers, invoices and other evidence as the Council may reasonably
     require. Decisions on advance payments will be taken by the Executive Group of the
     EYCP.

21.8 The Provider shall ensure that reference is made in the providers Annual Report and
     Accounts of the financial assistance received from the funding bodies.

 22     ASSIGNMENT AND SUB-CONTRACTING

22.1   The Provider shall not within the Agreement period: -

       22.1.1 assign the Agreement or any part of it or the benefit or advantage of the
              Agreement or any part thereof without the written consent of the Council;

       22.1.2 sub-contract the provision of the Services or any part of them to any person
              without the previous written consent of the Council, which consent shall be in
              the absolute discretion of the Council and if given shall not relieve the Provider
              from any liability or obligation under the Agreement and the Provider shall be
              responsible for the acts, defaults or neglect of any sub-Provider or his agents,
              or employees in all respects as if they were the acts, defaults or neglect of the
              Provider its Staff or agents.

 23     TERMINATION

23.1   The Council shall be entitled to immediately terminate this Agreement by written notice
       to the Provider if:

       23.1.1   the Provider commits a material breach of this Agreement, which is not
                capable of being remedied;

       23.1.2   the Provider has acted fraudulently or negligently, or it has completed the
                grant application form in a manner, which is either fraudulent, materially
                incorrect or materially misleading;

       23.1.3   the Provider or its staff or anyone acting on its behalf offers, gives or agrees
                to give to anyone any inducement or reward or confer any other benefit in
                respect of this agreement or otherwise commits an offence under the
                Prevention of Corruption Acts 1889 to 1916 or under Section 117(2) of the
                Local Government Act 1972;

       23.1.4   The Provider is unable to continue providing the service for what ever the
                reason;



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23.2   The Provider becomes bankrupt or goes into voluntary liquidation under the
       Insolvency Act 1986 or by any other provision or meaning within this act;

23.3   Either party may terminate this Agreement by giving 3 months written notice to the
       other if that other commits a serious breach of this Agreement which is capable of
       being remedied, but fails to remedy the breach within 30 days of a written notice giving
       particulars of the breach and requiring it to be remedied.

23.4   The expiry or termination of the Agreement for whatever cause shall not affect any
       provision of these Conditions capable of surviving including but not limited to
       Conditions 12 (Confidentiality) and 14 (Indemnity and Insurance) for a minimum of six
       years following such expiry or termination.

 24     CONSEQUENCES OF TERMINATION


24.1 In the event of termination by the Council:

       24.1.1 no further payments to the provider will be due or payable after the date when
              the termination takes effect. The Council may deduct from any sums which
              have become due such sums as may in its opinion be necessary to make
              provisions for the NNI Project or any part thereof to be performed elsewhere;

       24.1.2 the Provider shall deliver to the Council on the termination of this Agreement all
              correspondence, documents, specifications, papers and property belonging to
              the Council, which may be in the possession or under the control of the
              Provider.

       24.1.3 Ownership of any Capital Assets acquired, purchased or improved by the
              Provider wholly or partly from any payment made under this Agreement or any
              other goods purchased by the Provider wholly or partly from any payment made
              under this Agreement which are required by the Council for the completion of
              the NNI Project shall vest in the Council. The Provider shall within 7 days of
              termination of this agreement deliver such items to the Council, at an address
              within the Borough specified by the Nominated Officer.

   24.2 The termination of this Agreement shall be without prejudice to the rights, duties
        and liabilities of any party accrued prior to termination.




 25     RECOVERY OF MONIES DUE



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25.1   Where any payment is made by the Council and it is subsequently established that in
       the circumstances existing at the relevant time the Council was liable under the terms
       of this Agreement to pay the Provider a lesser sum or none at all, the Provider shall
       upon written demand setting out full particulars of the over payment, repay the amount
       of the overpayment to the Council within 14 days;

25.2   The Council shall be entitled to offset against payments due to the Provider any
       amounts owing to the Council from the Provider (whether or not payment has been
       demanded and whether or not such amounts are due) under this agreement;

25.3   In the event of termination for whatever reason the Provider shall, at the discretion of
       the Nominated Officer, return such part of any unspent funding which relates to the
       unexpired period of the Agreement, having regard to the Provider’s continuing
       commitments during the termination period or to any winding up costs and shall be
       liable to repay the unspent funding in full if the Provider fails to apply the grant for the
       purposes for which it was obtained, fails to complete the project or has acted
       fraudulently or negligently or has completed the grant application form fraudulently,
       incorrectly or misleadingly, minor or immaterial error excepted.




 26     OCCUPATION OF COUNCIL PREMISES

26.1   The Provider agrees that nothing in these Conditions shall constitute a tenancy of any
       premises which are owned or controlled by the Council and are used for the provision
       of the Services. A separate lease/ occupancy of nursery premises agreement will be
       drawn up between the Council and the Provider, and must be signed simultaneously
       with this Agreement.

 27.    OCCUPATION OF NON-COUNCIL PREMISES

27.1   Before commencement of this Agreement the Provider shall have provided to the
       Council information on the right of the Provider to use any premises from which the
       Services are to be provided.

27.2   Where no written confirmation of such right already exists the Provider shall within
       three months of commencement of the Agreement secure the completion of a written
       declaration in a form supplied or approved by the Nominated Officer to the effect that
       the premises owner or controller confirms that there is no foreseeable reason why the
       Provider should not have the use of the premises to provide the Services for the
       maximum duration of the Agreement.




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27.3   Where the Provider already has formal documentation granting the Provider the right
       to use such premises the Provider shall within three months of commencement supply
       a copy to the Council and where:

       27.3.1   the right appears to end before the maximum duration of the Agreement or

       27.3.2   other terms appear to the Council to put the operation of the Agreement at
                risk; the Council may require the Provider to obtain further clarification of the
                intention of the premises owner or controller.

27.4   For the avoidance of doubt failure of the Provider to secure suitable premises for
       continual delivery of the Services is a serious breach of this Agreement.

 28     SERVICE OF NOTICES

28.1   Any demand, notice or other communication required to be given under this
       agreement shall be in writing and ,may be delivered or sent by first class prepaid post
       or by fax to such an address or number notified by either party for this purpose.

28.2 Unless the contrary is proved, any such notice or communication shall be deemed to
    have been given to and received by the addressee:-

       28.2.1       if delivered: at the time it is left at the address of or handed to a
                    representative of the party to be served;

       28.2.2       if sent by post : 2 working days following the date of posting;

       28.2.3       if sent by fax: 1 working day following the date of transmission.

 29.    WAIVER

29.1 If either party waives a breach of any provision of this Agreement it will not be treated
     as a waiver of any subsequent breach of the same or any other provision of this
     Agreement.

 30.    ARBITRATION

30.1   If any dispute arises between the parties under this Agreement concerning the
       construction, meaning or effect of this Agreement or concerning the rights and
       liabilities of the parties or any other matter arising out of or in connection with this
       Agreement

       30.1.1       The Council and the Provider shall use their best endeavours to resolve
                    by agreement any disputes arising between them.


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       30.1.2       If any dispute cannot be settled amicably through ordinary negotiations
                    between the Authorised Officer and the Contract Manager within 10 days
                    of the dispute arising, the dispute shall be referred to the Director of
                    Education and Children of the Council and the Director of the Provider
                    who shall meet in order to attempt to resolve the dispute.

30.2   Failing such agreement within fourteen days of the request by one party to the other
       that a matter be referred to arbitration in accordance with this clause such reference
       shall be to an arbitrator appointed by the President for the time being of The Law
       Society of England and Wales.

30.3   The decision of such arbitrator shall be final and binding upon the parties and no
       appeal shall lie to any Court save on a point of law or where the decision of the
       arbitrator can be deemed to be manifestly unfair. Any reference under this clause
       shall refer to arbitration within the meaning of the Arbitration Acts 1950 to 1996.

 31.    FORCE MAJEURE

31.1   Neither the Provider nor the Council shall be liable for breach of its obligations under
       this Agreement to the extent that such breach is caused by any act of God failure or
       shortage of power supply flood fire (save where such failure shortage of power supply
       flood or fire is due to the negligence or fault of the Provider) lightning or earthquake
       act or omission of Government of highway authority or of public telecommunications
       operator war military operations act of terrorism or riot.

32.    CONTINUATION OF OBLIGATIONS

32.1   The provisions of Clause 15 Accounts and Records shall continue in force for a period
       of 7 years not withstanding the termination or expiry of this Agreement.

33.    NO AGENCY OR PARTNERSHIP

33.1   The Provider is not and shall in no circumstances hold itself out as being a partner,
       servant or agent of the Council.

34.    ENGLISH LAW

34.1   It is hereby agreed between the parties that English Law shall govern the construction,
       validity and performance of this Agreement.


35.    HUMAN RIGHTS ACT




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35.1   The provider acknowledges that Solihull MBC is under a duty to act in a way which is
       compatible with the Convention Rights as defined by Section 1(I) of the Human
       Rights Act 1998 (“Convention Rights”). This duty includes a positive obligation to
       ensure that the Provider also acts in a way, which is compatible with Convention
       Rights, and the provider agrees:

35.2 To indemnify Solihull MBC against any costs claims or demands arising from the
     Provider’s failure to act in accordance with Convention Rights.


36.    THE CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999

36.1   The parties agree that the Contracts (Rights of Third Parties) Act 1999 does not
       apply to this Agreement




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38.   SIGNATURES


IN WITNESS whereof this Agreement has been signed on behalf of the parties:

Signed on behalf of Solihull Metropolitan Borough Council

By Corporate Director of Education and Children’s Service

Signature: ……………………………………………………..


Name: ………………………………………………………….

Position: ……………………………………………………….


Date: ……………………………………………………




Signed on behalf of (Provider)


By either Director or Chairperson of the VMC



Signature


Name: …………………………………………………………


Position: ………………………………………………………



Date: ………………………………………………………….




Draft August 2005      11/07/12                28                             NNI agreement
                                      Schedule 1


                                    Quality Standards



Terms defined in the Agreement shall be given the same meaning herein unless the context
otherwise requires.

1.      INTRODUCTION

1.1     Solihull MBC is awarding the Provider a start up Grant to assist with the revenue
        costs of providing a Nursery in Key Target Areas in the North of Solihull. The
        Provider shall be committed to supporting children and families in the most
        disadvantaged areas by providing quality, accessible and affordable childcare.

1.2     Both parties acknowledge that this initiative shall be the start of a longer-term
        relationship between Solihull MBC and the Provider to ensure the continuation of
        affordable and accessible childcare serving the disadvantaged area after the period
        covered by the Grant has expired.

1.3     Both parties enter into this Agreement with a commitment to co-operate and build a
        long-term relationship.     The Provider shall use best endeavours to ensure the
        Nursery remains sustainable at the end of the Grant Period.

1.4     The Effective Date of this Agreement shall be ………………………………………….



2      SPECIFICATION

      2.1    Name of Nursery ……………………………………..

      2.2    Number of places (full time)

      2.3    Times of day and dates nursery will be open

                      TIME:     from am                        to pm
                      DAYS:      from MONDAY                   to FRIDAY
                      Period – 51 Weeks per year (closed Christmas week)

      On Saturday and Sunday the Nursery will be open at the discretion of the Provider, in
      accordance with any lease restrictions.




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3.    The age range covered by the nursery for the purposes of this Agreement.

        From        3 months      to       5 years

3.    Nursery opening date


4.1   The date the nursery will be open ………………………………………..


5.    Places open to target area

5.1   ALL places must be open to target areas ……………………………


6.    Definition of target areas and vacancies periods

      See schedule 5 for postcodes of target area.

      The Provider shall not release any vacancies to applicants outside the target area.

7.    Fee structure


7.1   Solihull MBC wishes to ensure that people from disadvantaged areas can afford child
      care and the Provider is therefore committed to ensuring nursery places are affordable
      and remain affordable in the long term.

7.2   The Provider should notify Solihull EYCS any proposed changes to the Fee structure
      prior to implementation and shall endeavour to ensure that changes to the Fees only
      occur once in any Year.

7.3   In line with the agreed Business Plan, starting with a maximum £130.00 a week for full
      day care to parents from target areas. Flexible packages in discussion with parents
      with hourly or sessional rates for part time care can be arranged.

8.     Working Tax Credit and Child Tax Credit


8.1   Promote the Working Tax Credit and Children’s Tax Credit and provide assistance in
      completing application forms and monitor take up.




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 9.        Support from Solihull EYDCP

9.       The provider must access support from Solihull EYCS - Development Officers,
         Finance team, Early Years Area Inclusion Co-ordinators and Teacher Support


 10.       Other services to be provided


10.      Other services to be provided include:-


      a) Taster/drop in sessions
      b) Outreach sessions
      c) Working with lone parents as advisors
         Assistance in giving access to Post 16 education of childcare training
         First steps programme
         Facilities such as job search, training for parents
         Access to health counselling information services drop in session




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                  SCHEDULE 2 – MONITORING AND REVIEW


 1.     Monthly Reporting


1.1   The Service Provider shall provide the Council with a narrative and statistical report on
      a monthly basis in arrears to enable the Council to provide quarterly reports to the
      DfES and AWM, GOWN and the Big Lottery Fund.

1.2   The information shall be provided in a report with the following headings:

      1.2.1 Section one: Summary – including:-

             number and ages of children using the nursery together with postcode analysis

             usage of Early Education Funded Places

             assistance provided with Working Tax Credit and, where known, utilisation of
              the Child Tax Credit

             back to work initiatives

             training facilities provided,

             community links

             The number of parents claiming WTC.

             Details of flexible packages offered and rate charged for such packages.

      1.2.2 Section two: Financial information – including:

                   Profit and loss and cashflow actuals, monitored against budget

      1.2.3 Section three: Cumulative Summary of Progress against Targets:

              Please show progress against “Key Objectives” and “Services which will be
              provided”, as detailed in section 1

      1.2.4 Section four: Examples of good practice:

      It is important to share good practice. In this section you must record any particular
      examples of good practice which you have identified or developed. It is important that



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      in your examples you explain the local impact of the good practice, i.e. how local
      people have benefited.

      Examples of good practice may be put in the EYCS reports to the DfES who may use
      any of these examples in speeches, articles for magazines etc.


 2.     Review


2.1   The Specification shall be formally reviewed every six months, commencing six
      months from the Effective Date. This shall include an assessment of the delivery
      process as well as the adequacy of the Service being delivered.

1.3 The Review shall be chaired by the Nominated Officer of the Council, and attended by
    an Authorised Representative of the Provider. Other attendees can be present by
    agreement of both parties. A written record will be circulated for both parties from the
    review.




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                       SCHEDULE 3 – GRANT PAYMENT

3     The Council shall pay the grant to the Provider by way of instalments and at the times
      given in the Table: -

      Payment date                          For ….places
                                            £
                                            £
                                            £
                                            £
                                            £
                                            £
                                            £
                                            £
                                            £
                                            £
                                            £
                                            £
      Total




Draft August 2005     11/07/12              34                                NNI agreement
                    SCHEDULE 4 – 5 YEAR BUSINESS PLAN
                    PLANGRANT PAYMENT




Draft August 2005    11/07/12        35                 NNI agreement
                    SCHEDULE 5 – POST CODES IN TARGET AREAS


               Postcode for Chelmsley Wood
               Ward

B37 5EX         B37 5TH          B37 6SS        B37 7JY   B37 7PD   B37 7TU
B37 5JT         B37 5TJ          B37 6SU        B37 7JZ   B37 7PE   B37 7TW
B37 5JX         B37 5TL          B37 6SY        B37 7LA   B37 7PF   B37 7TX
B37 5PU         B37 5TN          B37 6SZ        B37 7LB   B37 7RR   B37 7TY
B37 5PX         B37 5TP          B37 6TA        B37 7LD   B37 7RS   B37 7UA
B37 5QA         B37 5TR          B37 6TB        B37 7LE   B37 7RT   B37 7UB
B37 5QB         B37 5TS          B37 6TD        B37 7LF   B37 7RX   B37 7UD
B37 5QD         B37 5TT          B37 6TG        B37 7LG   B37 7SA   B37 7UE
B37 5QH         B37 5TU          B37 6TH        B37 7LH   B37 7SB   B37 7UF
B37 5QJ         B37 5TX          B37 6TJ        B37 7LJ   B37 7SD   B37 7UG
B37 5QL         B37 5TZ          B37 6TL        B37 7LL   B37 7SE   B37 7UH
B37 5QP         B37 5UA          B37 6TN        B37 7LN   B37 7SG   B37 7UJ
B37 5QR         B37 5UB          B37 6TP        B37 7LP   B37 7SH   B37 7UL
B37 5QS         B37 5UD          B37 6TR        B37 7LQ   B37 7SJ   B37 7UN
B37 5QT         B37 5UH          B37 6TS        B37 7LT   B37 7SL   B37 7UP
B37 5QU         B37 6RH          B37 6TT        B37 7LU   B37 7SN   B37 7UR
B37 5QX         B37 6RJ          B37 6TU        B37 7LW   B37 7SP   B37 7US
B37 5RA         B37 6RL          B37 6TX        B37 7LX   B37 7SR   B37 7UT
B37 5RB         B37 6RN          B37 6TY        B37 7LY   B37 7SS   B37 7UU
B37 5RD         B37 6RP          B37 6UA        B37 7NA   B37 7ST   B37 7UW
B37 5RH         B37 6RR          B37 6UB        B37 7NB   B37 7SU   B37 7UX
B37 5RJ         B37 6RT          B37 6UD        B37 7ND   B37 7SX   B37 7UY
B37 5RL         B37 6RU          B37 6UE        B37 7NE   B37 7SY   B37 7YH
B37 5RP         B37 6RX          B37 6UF        B37 7NG   B37 7TA
B37 5RR         B37 6RY          B37 6UG        B37 7NH   B37 7TB
B37 5RS         B37 6RZ          B37 6UH        B37 7NJ   B37 7TD
B37 5RT         B37 6SA          B37 7HX        B37 7NL   B37 7TE
B37 5RU         B37 6SB          B37 7JH        B37 7NN   B37 7TF
B37 5RX         B37 6SD          B37 7JJ        B37 7NP   B37 7TG
B37 5RY         B37 6SE          B37 7JL        B37 7NQ   B37 7TH
B37 5RZ         B37 6SG          B37 7JN        B37 7NR   B37 7TJ
B37 5SE         B37 6SH          B37 7JP        B37 7NS   B37 7TL
B37 5SJ         B37 6SJ          B37 7JR        B37 7NT   B37 7TN
B37 5SL         B37 6SL          B37 7JS        B37 7NU   B37 7TP
B37 5TA         B37 6SN          B37 7JT        B37 7NX   B37 7TQ
B37 5TB         B37 6SP          B37 7JU        B37 7NY   B37 7TR
B37 5TD         B37 6SQ          B37 7JW        B37 7PA   B37 7TS
B37 5TE         B37 6SR          B37 7JX        B37 7PB   B37 7TT




Draft August 2005     11/07/12             36                       NNI agreement
            Postcode for Smith's Wood Ward

B36 0AT      B36 0NF        B36 0QQ   B36 0SU   B36 9JT
B36 0AU      B36 0NG        B36 0QR   B36 0SW   B36 9JU
B36 0AW      B36 0NH        B36 0QS   B36 0SX   B36 9JX
B36 0AX      B36 0NJ        B36 0QT   B36 0SY   B36 9JY
B36 0AZ      B36 0NL        B36 0QU   B36 0SZ   B36 9JZ
B36 0BB      B36 0NP        B36 0QX   B36 0TA   B36 9LA
B36 0DA      B36 0NS        B36 0QY   B36 0TB   B36 9LB
B36 0DB      B36 0NT        B36 0QZ   B36 0TD   B36 9LD
B36 0DD      B36 0NU        B36 0RA   B36 0TE   B36 9LE
B36 0DE      B36 0NW        B36 0RB   B36 0TF   B36 9LF
B36 0DQ      B36 0NX        B36 0RD   B36 0TG   B36 9LG
B36 0EQ      B36 0PA        B36 0RE   B36 0TH   B36 9LH
B36 0HE      B36 0PB        B36 0RF   B36 0TJ   B36 9LJ
B36 0HF      B36 0PD        B36 0RG   B36 0TL   B36 9LL
B36 0HG      B36 0PE        B36 0RH   B36 0TN   B36 9LP
B36 0HQ      B36 0PF        B36 0RJ   B36 0TP   B36 9LQ
B36 0JJ      B36 0PG        B36 0RL   B36 0TR   B36 9LR
B36 0JL      B36 0PH        B36 0RN   B36 0TS   B36 9LS
B36 0JN      B36 0PJ        B36 0RP   B36 0TT   B36 9LT
B36 0JP      B36 0PL        B36 0RR   B36 0TU   B36 9LU
B36 0JR      B36 0PN        B36 0RS   B36 0TX   B36 9LX
B36 0JS      B36 0PP        B36 0RT   B36 0TY   B36 9NA
B36 0JT      B36 0PR        B36 0RU   B36 0TZ   B36 9NB
B36 0JU      B36 0PS        B36 0RX   B36 0UA   B36 9ND
B36 0JW      B36 0PU        B36 0RY   B36 0UB   B36 9NH
B36 0JX      B36 0PX        B36 0RZ   B36 0UD   B36 9NJ
B36 0LP      B36 0PY        B36 0SA   B36 0UE   B36 9NL
B36 0LQ      B36 0PZ        B36 0SB   B36 0UH   B36 9NP
B36 0LR      B36 0QA        B36 0SD   B36 0UJ   B36 9NR
B36 0LS      B36 0QB        B36 0SE   B36 0UL   B36 9NS
B36 0LT      B36 0QD        B36 0SG   B36 0UZ   B36 9NT
B36 0LU      B36 0QE        B36 0SH   B36 9JG   B36 9NU
B36 0LW      B36 0QF        B36 0SJ   B36 9JH   B36 9NX
B36 0LX      B36 0QG        B36 0SL   B36 9JJ   B36 9NZ
B36 0LY      B36 0QH        B36 0SN   B36 9JL   B36 9PA
B36 0LZ      B36 0QJ        B36 0SP   B36 9JN   B36 9PB
B36 0NA      B36 0QL        B36 0SR   B36 9JP   B36 9PD
B36 0NB      B36 0QN        B36 0SS   B36 9JR   B36 9PE
B36 0ND      B36 0QP        B36 0ST   B36 9JS   B36 9PF
                                                B36 9PG




Draft August 2005      11/07/12        37                 NNI agreement
               Postcodes for Kingshurst Ward

B36 0LE             B37 6BX        B37 6HH        B37 6LU
B36 0LF             B37 6BY        B37 6HJ        B37 6LW
B36 0LG             B37 6DA        B37 6HL        B37 6LX
B36 0LH             B37 6DF        B37 6HN        B37 6LY
B36 0LJ             B37 6DG        B37 6HP        B37 6LZ
B36 0LL             B37 6DH        B37 6HQ        B37 6NA
B36 0LN             B37 6DJ        B37 6HW        B37 6NB
B37 6AA             B37 6DL        B37 6HX        B37 6ND
B37 6AB             B37 6DN        B37 6HY        B37 6NE
B37 6AD             B37 6DP        B37 6HZ        B37 6NF
B37 6AE             B37 6DQ        B37 6JA        B37 6NG
B37 6AF             B37 6DR        B37 6JB        B37 6NH
B37 6AG             B37 6DS        B37 6JD        B37 6NJ
B37 6AH             B37 6DT        B37 6JE        B37 6NL
B37 6AJ             B37 6DU        B37 6JF        B37 6NN
B37 6AL             B37 6DW        B37 6JG        B37 6NP
B37 6AN             B37 6DX        B37 6JH        B37 6NQ
B37 6AP             B37 6DY        B37 6JJ        B37 6NR
B37 6AQ             B37 6DZ        B37 6JL        B37 6NS
B37 6AR             B37 6EA        B37 6JN        B37 6NT
B37 6AS             B37 6EB        B37 6JP        B37 6NU
B37 6AT             B37 6ED        B37 6JQ        B37 6NW
B37 6AW             B37 6EE        B37 6JR        B37 6NX
B37 6AZ             B37 6EF        B37 6JY        B37 6NY
B37 6BA             B37 6EG        B37 6JZ        B37 6PA
B37 6BB             B37 6EH        B37 6LA        B37 6PD
B37 6BD             B37 6EJ        B37 6LB        B37 6RA
B37 6BE             B37 6ER        B37 6LD        B37 6RB
B37 6BG             B37 6ES        B37 6LE
B37 6BH             B37 6ET        B37 6LG
B37 6BJ             B37 6EU        B37 6LH
B37 6BL             B37 6EY        B37 6LJ
B37 6BN             B37 6EZ        B37 6LL
B37 6BP             B37 6HA        B37 6LN
B37 6BQ             B37 6HB        B37 6LP
B37 6BS             B37 6HD        B37 6LR
B37 6BT             B37 6HE        B37 6LS
B37 6BU             B37 6HG        B37 6LT




Draft August 2005       11/07/12             38             NNI agreement
             Postcode for Fordbridge Ward

B37 5AA         B37 5DB         B37 5HD        B37 5LJ   B37 6PX
B37 5AB         B37 5DD         B37 5HE        B37 5LL   B37 6PY
B37 5AD         B37 5DE         B37 5HF        B37 5LN   B37 6PZ
B37 5AE         B37 5DF         B37 5HG        B37 5LP   B37 6QA
B37 5AF         B37 5DG         B37 5HH        B37 5LQ   B37 6QD
B37 5AG         B37 5DH         B37 5HJ        B37 5LR   B37 6QE
B37 5AH         B37 5DJ         B37 5HL        B37 5LS   B37 6QG
B37 5AJ         B37 5DL         B37 5HN        B37 5LT   B37 6QH
B37 5AL         B37 5DN         B37 5HP        B37 5LU   B37 6QJ
B37 5AN         B37 5DP         B37 5HQ        B37 5LW   B37 6QN
B37 5AP         B37 5DQ         B37 5HR        B37 5LX   B37 6QQ
B37 5AQ         B37 5DR         B37 5HS        B37 5LY   B37 6QR
B37 5AR         B37 5DS         B37 5HT        B37 5LZ   B37 6QS
B37 5AT         B37 5DT         B37 5HU        B37 5NA   B37 6QT
B37 5AU         B37 5DU         B37 5HW        B37 5NB   B37 6QU
B37 5AW         B37 5DW         B37 5HX        B37 5ND   B37 6QX
B37 5AX         B37 5DX         B37 5HY        B37 5NE   B37 6QY
B37 5AY         B37 5DY         B37 5HZ        B37 5NF   B37 6QZ
B37 5AZ         B37 5DZ         B37 5JA        B37 5PF   B37 6RE
B37 5BA         B37 5EA         B37 5JB        B37 5PQ   B37 6RF
B37 5BB         B37 5EB         B37 5JD        B37 5SF   B37 6ST
B37 5BD         B37 5ED         B37 5JE        B37 5SP   B37 6SW
B37 5BE         B37 5EE         B37 5JF        B37 5TQ   B37 6TF
B37 5BF         B37 5EF         B37 5JG        B37 6AY   B37 7RP
B37 5BG         B37 5EG         B37 5JH        B37 6DD
B37 5BH         B37 5EH         B37 5JJ        B37 6DE
B37 5BJ         B37 5EJ         B37 5JL        B37 6HU
B37 5BL         B37 5EL         B37 5JN        B37 6NZ
B37 5BN         B37 5EN         B37 5JP        B37 6PF
B37 5BP         B37 5EP         B37 5JQ        B37 6PH
B37 5BS         B37 5EQ         B37 5JS        B37 6PJ
B37 5BT         B37 5ER         B37 5LA        B37 6PL
B37 5BU         B37 5ES         B37 5LB        B37 6PN
B37 5BW         B37 5EU         B37 5LD        B37 6PP
B37 5BX         B37 5EW         B37 5LE        B37 6PR
B37 5BY         B37 5EZ         B37 5LF        B37 6PS
B37 5BZ         B37 5HA         B37 5LG        B37 6PT
B37 5DA         B37 5HB         B37 5LH        B37 6PU




Draft August 2005    11/07/12             39                       NNI agreement

								
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