SERVICE LEVEL AGREEMENT
BETWEEN
ARGYLL AND BUTE COUNCIL
and
XXXXXXXX
17/08/2010 – 30/06/2011
FOR OFFICE USE ONLY
Date SLA Issued to Provider for signing
Date SLA Returned to Argyll & Bute Council
Date SLA sent for signing on behalf of A&B
Date SLA Returned fully signed
Date Copy of SLA sent to Provider, Finance, Inter Party Contact Officer
Date Contract Scanned onto Computer
SERVICE LEVEL AGREEMENT
BETWEEN
Community Services
Argyll and Bute Council
Kilmory,
Lochgilphead
PA31 8RT
(hereinafter referred to as “the Council”) / and / XXXXXX
(hereinafter referred to as “the Provider”)
The Council
The Council is constituted under the Local Government etc. (Scotland) Act 1994.
The Provider
Name in regular use (if different from above): -
Registered Office (if different from above):
Type: Preschool Provider
Care Commission Registration Number: XXXXXXX
Charity Number:

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2 Main Contacts

2. 1 Inter party Contact Officer

Council Contact Officer for all PreSchool issues:
Name: Margaret Lauder
Designation: Principal Officer Early Years
Address: Argyll House
Alexandra Parade,
Dunoon,
Argyll
PA23 8AJ
Telephone: 01369 708544
E-mail:
Council Contact Officer for contract issues (including Approved Provider List status):-
Name: Anne MacColl-Smith
Designation: Commissioning Manager
Address: Customer Services, Kilmory, Lochgilphead,
Argyll, PA31 8RT
Telephone; 01546 604194
Email: / The Provider authorised Contact:
Name:
Designation:
Address:
Telephone:
E-mail:

2.2Preferred contact times

Council office hours:
Monday – Friday:
9a.m. - 5.00 p.m. / The Provider’s office hours:
Monday – Friday
9.a.m. – 5p.m.

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Duration
Start Date: 17thAugust 2010
Review Dates: This Agreement will be reviewed on the dates set out in Schedule 4. This Agreement has effect for the period of time defined by the school year 2010/11
Termination Date: 30th June 2011 or such date as is notified to you by the Council
Statement of purpose and aims
The parties statement of purpose and aims in relation to this Agreement are set out in Schedule 1.
Both parties recognise that this Agreement is legally binding and that it supersedes all previous agreements relating to the Services provided whether written or otherwise.
This Service Level Agreement requires that all of the following conditions be met in full failing which the Council reserves the right to either withhold or terminate the agreement and recover funding from the Provider
Services, payments and responsibilities
The Council will make the payments and be responsible for the matters set out in the left hand column of Schedules 2 and 4.
The Council may require the grant or other payments to be repaid on termination or in the circumstances set out in Schedule 2. / The Provider will provide the Services and be responsible for the matters set out in the right hand column of Schedules 2 and 4 and all matters in Schedule 3.
The Provider will make any required repayment on demand.
Both parties will be responsible for the matters set out in Schedule 4.
The Provider shall not use any of the funding received from the Council for the publication of material, which appears to be designed to affect public support for a political party.

The Provider must notify the Council’s Nominated Officer in writing immediately if the Provider is in financial difficulties and where the Provider has concerns regarding the ability to provide services at the required level.

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Statutory Obligations

The Provider shall throughout the duration of this contract, observe and comply with all relevant statutory enactments and regulations, by-laws and regulations of local or other authorities applicable to the Service to be provided in terms of this Contract, including and without prejudice to the foregoing generality, those applicable to Regulation of Care(Sc) Act 2001 including National Care Standards, Education, Standards in Scotland’s Schools Etc Act 2000 including Education (Additional Support for Learning)(Scotland) Act 2004; Education (Disability Strategies and Pupils’ Educational Records)(Scotland) Act 2002, Children including Protection of Children (Scotland) Act 2003, Health and Safety, Human Rights, Employment, and Equal Opportunities, Data Protection, SSSC.

The Provider shall not unlawfully discriminate within the meaning of and scope of the provisions of the Race Relations (Amendment) Act 2000, the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Disability discrimination Act 1995, or any statutory modification or re-enactment of those Acts relating to discrimination in employment..

Monitoring and evaluation
The purpose of monitoring this Agreement is to ensure best value in the provision of Services in the most effective, efficient and economic manner. Both parties will work to improve their performance in light of the monitoring and evaluation.
New methods of monitoring and evaluation may be introduced by agreement of both parties in order to improve performance.
Both parties will respect client confidentiality and comply with relevant data protection law in the monitoring process.
Officers of the Council and internal and external auditors may visit the offices and premises of the Provider from time to time to monitor compliance with this Agreement and to check whether money provided by the Council has been used in accordance with the requirements of this agreement. These visits may be announced or unannounced.
Officers from the Council’s Pre School Unit and Commissioning Team will carry out a joint monitoring visit to:- monitor compliance with this Agreement and its various terms and conditions such as adherence to appropriate legislation etc; monitor and confirm adherence to pre school terms and conditions.
The Council will monitor and evaluate information and records provided by the Provider. / The Provider will provide the Council and its auditors with:
  • its annual audited accounts (verified in the case of unincorporated bodies) within the timescale stated in Schedules 3 and 4;
  • regular reports in a form and at times agreed by the Council and the Provider;
  • any other information and records relating to this Agreement within seven to fourteen days of request or, in exceptional circumstances, immediately.
  • Any documentation and any variances imposed by the Care Commission that affects the Provider’s certificate of registration immediately after receipt of same.

Complaint procedures are important to all Providers of services to help them to know that they are giving the service needed. The Provider must operate a complaints procedure for parents and provide a copy of this to the Council on request.

If Complaints cannot be resolved locally, the Provider should have an appropriate procedure in place operated in conjunction with the Care Commission to achieve a satisfactory outcome.

The Provider should be advised of any complaints notified to or from the Care Commission within one month.

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The Provider must, when commissioned to deliver Preschool Education, implement the Curriculum Framework for Children 3-5, Curriculum for Excellence and have regard to related Authority guidance. The Provider should also have regard to the following self assessment documents, Child at the Centre – HM Inspectors of Education and Self Evaluation Questionnaire – Care Commission against which they will be monitored and assessed. These organisations and the Authority may require further evidence of Best Practice in order to complete their particular monitoring and evaluation procedure. The Provider must make available on request records of staff SSSC Registration, qualifications, Post Registration Training and any other ongoing training.
To underpin quality assurance and quality development of pre school education provision, the Provider will utilise the support and monitoring provided by both the Council’s Commissioning Team and Early Years Teachers Teamor similar support from a representative of an appropriate external agency, and timeously implement any recommendations.
The Provider must open their centres for inspections carried out by, or under the direction of the Council, HM Inspectors of Education and the Care Commission, and afford those carrying out the inspection all the facilities they require to make an inspection
The Provider must make available to parents on request a copy of any reports in the public domain. The Provider must display such reports publicly for a period of at least one month (starting with the date when the report is received but taking account of holidays observed by the pre school education provider) in the premises where the pre school education is provided. In addition, the Provider must make available, to the Councilsending it specifically to Commissioning Team, their annual Improvement Plan and Action Plans for improvement arising out of the recommendations of the Inspection. The Action Plan must be given to Commissioning Team within 2 weeks of its drafting.
The Provider must, if required to provide pre school education for children with additional support for learning, have regard to the appropriate reports and information.
The Provider will provide any additional reports and information set out in Schedules 3 and 4 within the timescale stated in that Schedule.
Provider must undertake stakeholder consultation including seeking clients views on the quality of the services they receive. Evidence of such should be provided on request to the Council
Termination
Either party to the agreement may terminate this Agreement by giving three months written notice to the other party or such other period as may be agreed in writing.
The Council may terminate this Agreement without notice, if the Provider:
  • commits a material breach of its obligations under the Agreement;
  • persistently fails, after a reasonable notice has been given, to comply with this agreement;
  • does not have any necessary licence or other permission to operate;
  • has a receiver appointed or goes into liquidation (other than for reconstruction or amalgamation), or passes a resolution for voluntary winding up or if not incorporated, if any partner or individual becomes bankrupt or apparently insolvent or signs a trust deed for creditors.

The Provider is advised that breaches of its obligations are regarded as material breaches of the Agreement.
The Council may pay any balances that may be due under Schedule 2 for Services provided by the Provider upon receipt of the appropriate documentation. / The Provider shall repay to the Statutory Agencies the balance of any payment made which has not been used in accordance with this Agreement within one week of termination.
Variation
This Agreement may be varied only by agreement in writing signed by both parties.
Assignment and Sub-contracting/Transfer of Ownership
The Provider may neither assign nor subcontract its interests and/or obligations under this Agreement to any other person without the prior consent in writing of the Council which shall not be unreasonably withheld
Confidentiality
Both parties agree not at any time during or after the period of this Agreement to release any confidential information belonging to the other party or to any Service user except where such release is permitted by law.
Provider Declaration

The Provider must notify the Council immediately and in writing of any conflict of interest that may be reasonably deemed to affect the impartiality of any members of staff or volunteers, on any matter relevant to his or her duties.

The Provider agrees not at any time to offer inducements to Council Officials in order to influence the placement of clients.

Resolution of Disputes
If any dispute arises between the parties in relation to this Agreement they will use best endeavours to reach an amicable and working resolution as soon as possible.
In exceptional circumstances, it may be appropriate for the Chairperson of the Provider to discuss and resolve the difficulties with the appropriate Officer the Council. As a final measure, the issue will be referred to the appropriate Head of Service for resolution.
Information Provided in Application Form/Proposal
The Provider warrants and represents that all the information provided upon its application form or other proposal to the Council is true and accurate and that there has been no change in the same between the time of completing the application form and the date of this Agreement.
Law of Scotland
The construction, validity, performance and all other matters arising out of and in connection with this Agreement shall be governed by the law of Scotland and be subject to the exclusive jurisdiction of the Scottish Courts.

IN WITNESS WHEREOF this, the preceding typewritten pages and schedules annexed hereto, are signed as follows:-

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Subscribed for and on behalf of Argyll and Bute Council At …………………… (Place of signing i.e. name of Town) on the ……….day of …………………in the year……..……….(Date of signing) By their Executive Director of Community Services before this witness.

Signed on behalf of the Council by:

______

Name:(Block Capitals)

Designation:

Witness on behalf of the Council by:

Name: (Block Capitals)

Address:

And they are subscribed for and on behalf of the Provider all together at ……………… (Place of signing i.e. name of Town) on the ………day of …………………in

the year……………..(Date of signing) By:

Signed on behalf of the Provider by:

______

Name: (Block Capitals)

______

Designation:

Witness on behalf of the Provider:

Name: (Block Capitals)

Address:

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This is the Schedule 1 referred to in the foregoing agreement between the Council and the Provider.

SCHEDULE ONE

Statement of Purpose and Aims

This Agreement is for the purpose of securing free part time pre-school education places for all eligible children whose parents wish to access one within approved centres of Argyll and Bute.
The Council is acting under the following laws and any other relevant statutory powers:
  • Standards in Scotland’s Schools Etc Act 2000
  • Regulation of Care (Sc) Act 2001
The Council is acting under the following policies, strategies, guidance.
  • Curriculum for Excellence.
  • Curriculum Framework for Children 3 - 5”
  • Child at the Centre
  • National Care Standards
  • Section 34: Guidance of Preschool Education Provision
/ The Provider is acting in accordance with its objects to:
  • To Provide a safe and stimulating environment where the children can feel happy and secure
  • To encourage the emotional, social, physical, creative and intellectual development of children
  • To promote the welfare of children
These powers are contained in:
  • Parents handbook (see attached for additional information)

Both parties shall comply with the Code of Guidance on Funding External Bodies and Following The Public Pound produced by the Accounts Commission and the Operational Guidance produced by COSLA.

This is the Schedule 2 referred to in the foregoing agreement between the Council and the Provider.

SCHEDULE TWO

Payments Services and Responsibilities

Payments in money

The Council will, under Section 35 of the Standards in Scotland’s Schools etc (Scotland) Act 2000 make funding available at the rate of a minimum of £1728.00per fully loaded pre school education place (FLPE) net of administrative and financial support, quality monitoring and quality development services provided through the Council.
The Council will fund the Provider to enable the requirement of 38.6fully loaded places equivalent for school session 2010/2011 is met.
Method of payment:
Funds, calculated at the current rate,will be transferred at the beginning of Autumn and Spring term into the Provider’s bank account based on the fully loaded place equivalent (FLPE) of the number of eligible children being educated as at the May census. Transfer of funds for the Summer term will be actioned early in the new financial year based on the fully loaded place equivalent (FLPE) of the number of eligible children being educated as at the Maycensus. The Summer term transfer of funds will be calculated at the rate agreed for the new financial year. / Payment by the Council of monies and payment in kind is conditional upon the Provider providing the Services in accordance with this Agreement and observance by the Provider of all its obligations hereunder in particular with the obligation to provide annual accounts audited or independently verified by a suitably qualified person and reports as specified in Schedule 4.
Should the aforesaid annual accounts be deemed not viable by the Council then the Provider will be paid in arrears as per the Pre School Education payments timetable until evidence is provided to the Council which will result in the standard payment method
As a recipient of funding from the Council for pre school education, the Provider will be required to certify that: the funds are dispersed solely for expenditure in providing pre school education and are applied only for children who are eligible for funding; and that the funding for each eligible child amounts to no more than its total entitlement of one free part-time place. If an eligible child is receiving less than its full entitlement funds will only be made available for the number of sessions the child is receiving.

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Payments in kind
The Council may provide the following payments in kind:
Office accommodation: None
Other premises: None
Support services: None
Equipment: None
Staff time: QIO support, inservice subsidised rate,
Help line, early intervention teachers
Value of any assets transferred: None
All payments in kind shall be subject to the Council continuing ability to provide them.
Repayment of funding and return of aforesaid equipment will be required in the following circumstances:
  • Termination of services as detailed on Page 8 of this agreement.
  • Failure to comply with the terms and conditions detailed within this agreement.

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This is the Schedule 3 referred to in the foregoing agreement between the Council and the Provider.

SCHEDULE THREE (A)

Service Specification
The funding is available for the direct provision of free part-time pre school education places to eligible children in the approved pre school centres commissioned by the Council.
Eligibility
Eligible children in their pre school year are those born between 1 March 2006and 28 February 2007.
Three year olds in the year before their pre-school year will become eligible in the term after their third birthday. Eligible children will be those born between 1 March 2007 and 28 February 2008. The eligibility for each term will be:
For entry in the Autumn term, children born between 1 March 2007and 31 August 2007;
For entry in the Spring term, children born between 1 September 2007 and 31 December 2007.
For entry in the Summer term, children born between 1 January 2008and 28 February 2008. / The Provider will deliver Services in accordance with its application form and annual renewal forms or any similar documents relating to this agreement. Services will represent best value in relation to the aims set out in Schedule one and will include:
The Provider is required to offer a fully loaded place, i.e. 475hours over the school year, e.g. 5 x 2½ sessions a week over a minimum of 38 weeks a year. Any alternative arrangement must be agreed by the Council
The Council may require the Provider to provide wraparound care in certain circumstances. When this is required, the Council will purchase these services on an individualised basis by way of a Call Up Letter detailing the requirements of the particular child.
The Provider must record the presence or absence at every session of each child for whom pre school funding for that session has been accepted.
It will be for the Provider to ensure that effective administrative arrangements are in place to support the funding payments made and, where appropriate, to satisfy auditors and the Accounts Commission of the adequacy of these arrangements
Children whose birthdays fall in January or February and whose parents choose to defer their child’s entry to primary school are eligible for an additional year of pre school education.
Each child is entitled to one free part-time education place held to offer at least 475 hours of pre school education over the school session. This may be most conveniently configured as 5 sessions per week of at least 2½ hours for a minimum of 38 weeks over three school terms. Any alternative arrangements must be agreed by the Council
Some children may access pre school education provision through part-time attendance at more than one centre. / The Provider must ensure that no child for whom pre school education funding is provided is given corporal punishment by any person employed by, or connected with, the centre.
Top up charges may not be levied by the Provider for the minimum service provision stated. The Government has stipulated that a free pre school education place to the minimum specification must be made available to each child whose parents wish it. This condition will apply to all Providers funded through the Council to deliver pre school education within the Government’s scheme.
The Provider’s Achievements under the SLA:
  • The Nominated Officers of the Council may conduct a formal review of the Provider’s achievements under the Service Level Agreement,
  • This review will serve as a mechanism for establishing attainment of activity levels and quality to determine future provision

Liaison Arrangements:
  • Meetings to reflect all aspects of the Provider’s activity will take place between the Nominated Officers of the parties to this Agreement, or their representatives.
Named Officers from the Council identified on page three of this Agreement will provide support to the Provider in carrying out the activities detailed in this Agreement.
The number of eligible children enrolled may rise or fall during the course of the school session and the Council reserves the right to fund actual uptake of preschool education provisionas detailed in the term remittance advice.
Where a parent, who resides in a neighbouring education authority, wishes to register his/her child in one of the pre school centres commissioned by Argyll and Bute Council, pre school education provision will be commissioned as for children resident within Argyll and Bute.

This is the Schedule 4 referred to in the foregoing agreement between the Council and the Provider.