Transcript FGP131014 Appendix 4 Christmas Lights 2014-2018

Christmas Lights 2014-2018 – Appendix 4
Proposed outsource to BS Chamber of
Commerce
Proposer-Cllr Wyllie
© Bishop’s Stortford Town Council
The proposal
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The proposal – May 2013
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Benefits for Council
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Bishop’s Stortford Chamber of Commerce be contracted to
operate the Christmas Lights from Christmas 2014 onwards
(following the change of scheme planned at Christmas 2013), on
the basis (for example) of a fixed fee equal to the 2013/2014
budget, a four year contract, a transfer of current assets, the
Chamber being responsible for asset refresh thereafter and free
to raise additional revenue.
One less task to do
Possible improvement in provision
Benefits to Chamber
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Publicity
Well placed to secure additional funding
© Bishop’s Stortford Town Council
Key Contract Provisions
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Key Considerations
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Duration, Termination and Liability
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4 years contract was initially proposed by F&GP, 3 years now proposed by Cllr Wyllie
Termination for cause at any time, no termination for convenience
Upon termination BSTC to have the right to reclaim the assets free of charge if it chooses
BSTC indemnified against any claim whatsoever arising out of lighting provision (eg liability claim)
Level & Scope of Service Provision
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Duration and Termination, Clarity of liability (particularly for insurance purposes)
Level and scope of service provision, messaging to recognise contribution of both parties
Protection of public assets which are being handed to an unincorporated members club, asset refresh
Budget
Chamber to provide at least as much lighting as at present, scope to exclude Xmas Tree and Monastery Lights
Licencing, insurance, management, repairs, storage responsibility of Chamber
Chamber to provide to BSTC a contact number for fault reporting
Material changes to scheme (other than extensions) to be agreed with BSTC prior to commit, agreement not unreasonably
withheld (clause protects both sides)
Chamber to acknowledge financial contribution of Town Council in its publicity
Asset protection
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Current assets transferred to Chamber
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Budget and Payment
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Fixed price equal to current budget, no inflation linking
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Note: CEO recommends that Council consider a free loan instead of a transfer as this offers better protection
BSTC to have first right of refusal of transfer back (free of charge) at end of contract, default or termination for any reason.
Chamber prohibited from disposing of assets during term of contract (note – need legal advice on situation in event of insolvency)
If assets replaced (eg due to loss or damage), BSTC rights transfer to replacement assets
BSTC to have no rights over any additional assets purchased through voluntary contributions
less capital refresh element included in budget, plus cost to us of insurance
Capital refresh element to earmarked reserves each year, Chamber receives it if contract renewed and replacement lights purchased
Payments annually on erection of lights
Remember
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Contracts are for when things go wrong and must deal with the unexpected or improbable!
© Bishop’s Stortford Town Council