© Bishop’s Stortford Town Council Christmas Lights – Appendix 4 Proposed outsource to BS Chamber of Commerce Proposer-Cllr Wyllie

The proposal The proposal – May 2013 The proposal – May 2013 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. 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. Benefits for Council Benefits for Council One less task to do One less task to do Possible improvement in provision Possible improvement in provision Benefits to Chamber Benefits to Chamber Publicity Publicity Well placed to secure additional funding Well placed to secure additional funding © Bishop’s Stortford Town Council

Key Contract Provisions Key Considerations Key Considerations Duration and Termination, Clarity of liability (particularly for insurance purposes) Duration and Termination, Clarity of liability (particularly for insurance purposes) Level and scope of service provision, messaging to recognise contribution of both parties 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 Protection of public assets which are being handed to an unincorporated members club, asset refresh Budget Budget Duration, Termination and Liability Duration, Termination and Liability 4 years contract was initially proposed by F&GP, 3 years now proposed by Cllr Wyllie 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 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 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) BSTC indemnified against any claim whatsoever arising out of lighting provision (eg liability claim) Level & Scope of Service Provision Level & Scope of Service Provision Chamber to provide at least as much lighting as at present, scope to exclude Xmas Tree and Monastery Lights 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 Licencing, insurance, management, repairs, storage responsibility of Chamber Chamber to provide to BSTC a contact number for fault reporting 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) 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 Chamber to acknowledge financial contribution of Town Council in its publicity Asset protection Asset protection Current assets transferred to Chamber Current assets transferred to Chamber Note: CEO recommends that Council consider a free loan instead of a transfer as this offers better protection 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) 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 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 BSTC to have no rights over any additional assets purchased through voluntary contributions Budget and Payment Budget and Payment Fixed price equal to current budget, no inflation linking Fixed price equal to current budget, no inflation linking less capital refresh element included in budget, plus cost to us of insurance 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 Capital refresh element to earmarked reserves each year, Chamber receives it if contract renewed and replacement lights purchased Payments annually on erection of lights Payments annually on erection of lights Remember Remember Contracts are for when things go wrong and must deal with the unexpected or improbable! Contracts are for when things go wrong and must deal with the unexpected or improbable! © Bishop’s Stortford Town Council