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ITEM EX7 - ANNEX A

EXECUTIVE – 10 DECEMBER 2002

EARLY EDUCATION AND CHILDCARE DEVELOPMENTS

AN AGREEMENT BETWEEN OXFORDSHIRE COUNTY COUNCIL ("OCC"), THE GOVERNORS OF A SCHOOL ("THE GOVERNORS") AND B CHILD CARE/EARLY EDUCATION PROVIDER ("B")

Preamble

A. OCC are under statutory obligation to ensure the provision of Foundation Stage Education for four year olds in all settings: playgroup, pre-school, day nursery, independent or maintained sector nursery or reception class. Local private and voluntary providers receive direct Government grant funding for new and existing places. In September 2004, all 3 year olds will be entitled to a publicly funded Foundation Stage place.

B. To facilitate this provision the Governors and OCC are desirous of permitting part of the premises of A School to be used for the community purpose of the provision of child care/early education facilities for children from the age of [3] years;

  1. B is desirous of utilising part of the premises of A School in order to provide child care/early education facilities for children from the age of [3] years;

D. OCC, the Governors and B are desirous of taking steps to ensure that a unified and agreed approach is developed in regard to the provision of childcare and the provision of education for children between the ages of 3 and 5 years, i.e. children to whom the Foundation Stage Curriculum applies. The purposes of this unified and agreed approach includes maximising the provision of:-

(a) high quality and consistent education for children in the whole of the foundation stage;

(b) sustainability of and co-operation between local providers;

(c) a seamless setting for children’s learning and care during their early years;

(d) a coherent structure for parents and families.

E. In order to facilitate the objects set out above the parties have agreed the terms set out below.

AGREEMENT

Premises and Facilities

  1. With effect from [ ] OCC shall grant B a lease, on the terms as required by OCC, and subject to those terms, B shall occupy that part of the premises of A School as are marked red on the plan appended hereto for the purpose of B providing child care/early education facilities for children from the age of [3] years.
  2. The rent shall be set at the discretion of A School in accordance with any guidance given by the Secretary of State and OCC.
  3. B and B's staff will not use the premises, the facilities, the fixtures and fittings and utilities for any purpose other than the proper performance of this Agreement.

Staff

  1. All staff employed on the premises for the purpose of providing child care/early education services will be employed, and paid, by B.
  2. All of B's staff will comply with all statutory requirements in terms of standards of care and registration.
  3. B and B's staff will be responsible, each day, for the setting up and clearing away of all equipment used by B and its staff in the performance of this Agreement and will, each day, keep and leave the premises used by B and B's staff for the purpose of providing child care/early education facilities in a tidy and orderly condition.
  4. Assets

  5. Save for the premises, facilities, fixtures and fittings and utilities set out above, all assets used by B and its staff in the provision of child care/early education will be provided by B.

Insurance

8.

(a) B will indemnify OCC or the Governors (as appropriate) for any additional costs of insurance incurred by OCC or the Governors as a result of the provision of child care/early education by B on the premises. Without prejudice to the above, B will maintain its own Employer’s Liability Insurance (to a minimum value of £10 million) and Public Liability Insurance (to a minimum value of £5 million).

    1. B shall be responsible for the insurance of its assets referred to in paragraph 7 above.

A School’s Budget

9. For the avoidance of doubt the above sets out the totality of premises, facilities, fixtures and fittings and utilities to be provided to B by OCC and/or the Governors in regard to the provision by B of child care/early education at A School. This Agreement does not permit the making of any additional arrangements which would involve any part of the budget allocated to or for A School by OCC and/or the Governors to be used for funding the provision of child care/early education by B at A School. Further guidance is given in the PEYU Handbook , page 15.

Health and Safety

10.

(a) OCC, the Governors and B will take all reasonably practicable steps to ensure the safety of occupants, contractors, visitors and the general public on the premises and will comply with all current and future Statutes, Statutory Instruments and Codes of Practice pertaining to Health and Safety which are relevant to the performance of this Agreement.

(b) Management representatives of OCC, A School and B will meet prior to the commencement of the occupation of the premises by B in order to discuss the Health and Safety implications of this Agreement, and to identify risks together with the precautions that should be taken to minimise or eliminate those risks. Management representatives of OCC, A School and B will continue to meet during the currency of the Agreement at not less than quarterly intervals in order to review Health and Safety issues.

Joint Steering Group

11. A Joint Steering Group ("JSG") will be established prior to the commencement of B's occupation hereunder.

12. The purpose of the JSG will be to examine and monitor the performance of the Agreement, in particular, the extent to which the purposes of this Agreement are being achieved. The JSG will make such recommendations as it considers appropriate to OCC, the Governors, the senior management of B and to the Staff Planning Group referred to below in regard to the performance of this Agreement and the achievement of the purposes of this Agreement. If implementation of any such recommendation is not agreed by OCC and/or the Governors and/or the senior management of B and/or the Staff Planning Group, the dissentient(s) will provide written reasons for the refusal to implement the recommendation(s) to the JSG within 14 days of the decision to refuse to accept the recommendation.

13 When any recommendation of the JSG is agreed, the JSG will monitor the implementation of that recommendation.

14. The JSG will make an annual report on the performance of this Agreement and will provide copies of that Report to OCC, the Governors, the Senior Management of B and the Staff Planning Group and, on written request, to any parent of any child within the Foundation Stage for any part of the year which is the subject matter of the report.

15. The JSG will comprise:-

(1) the Head Teacher of A School;

(2) a Governor of A School;

(3) a member of the Senior Management of B;

(4) a parent of a pupil in the Foundation Stage at A School;

(5) a parent of a child receiving child care/early education facilities from B at A School;

(6) a member of OCC's staff who has particular responsibility for the Foundation Stage Curriculum;

16. The JSG will meet not less than quarterly.

The Staff Planning Group

17. A Staff Planning Group ("SPG") will be established prior to the commencement of B's occupation hereunder.

18. The purposes of the SPG will be to discuss and consider the best methods of giving effect on a day to day basis to the proper performance of this Agreement, and, if possible, to agree a planning and development framework for the children within the Foundation Stage Curriculum and the staff working with these children which seeks to further the purposes of this Agreement.

19. The SPG will agree, if possible, the development framework within not more than 3 months from the commencement of B's occupation hereunder, and will provide a copy of the said framework to the JSG and to each member of staff of A School or B who is involved in providing education to, or child care/early education facilities to, children to whom the Foundation Stage Curriculum applies. This framework shall consider joint training needs of staff.

20. The SPG will consider such amendments to the development framework as may be recommended to it by the JSG, and will follow the requirements set out at paragraph 12 above if the SPG does not agree with the suggested amendments. If agreement between the JSG and SPG cannot be reached as to the amendment(s) within 4 weeks of the SPG's submission of its reasons for not accepting the JSG's recommendations, the said amendments will be incorporated into the development framework forthwith unless the amendment would involve any alteration of the complement of staff or staff's terms and conditions of employment or any additional expenditure on the part of any of the parties hereto.

21. The SPG will comprise not less than one member of staff of A School, and one member of staff of B's staff, both of whom are employed in working with children at A School in regard to whom the Foundation Stage Curriculum applies.

22. The SPG will meet not less than once every four weeks during A School's term.

Indemnity

23.

(1) OCC shall indemnify and keep indemnified B throughout the Agreement Period against injury to or death of any person or loss of or damage to any property arising out of any act default or negligence of OCC or its employees or agents and against all actions claims demands proceedings damages costs charges or expenses whatsoever in respect thereof or in relation thereto.

(2) B shall indemnify and keep indemnified OCC and the Governors throughout the Agreement Period against injury to or death of any person or loss of or damage to any property arising out of any act default or negligence of B or its employees or agents and against all actions claims demands proceedings damages costs charges or expenses whatsoever in respect thereof or in relation thereto.

Termination

24. This Agreement will continue unless and until determined pursuant to the provisions immediately below.

    1. OCC or the Governors or B are entitled to terminate the lease under the provisions of the lease
    2. OCC or the Governors or B are entitled to terminate this Agreement on the provision of [6] months' written notice to the other parties hereto;
    3. OCC or the Governors or B are entitled to terminate this Agreement on the provision of [3] months' written notice to the other parties hereto if, in the reasonable opinion of the party wishing to terminate the Agreement, a refusal by any relevant body to implement a recommendation by the JSG pursuant to clause 12 and/or 20 hereof is likely to hinder the due and proper pursuit of the purposes of this Agreement.
    4. Subject to sub-clause (6) the Governors may terminate this Agreement forthwith upon B being in serious or repeated breach of the terms of this Agreement;
    5. Subject to sub-clause (6) B may terminate this Agreement forthwith upon the Governors being in serious or repeated breach of the terms of this Agreement.
    6. Before terminating this Agreement in accordance with sub-clauses (4) and (5) above, the Governors or B shall notify the LEA that they propose to terminate the Agreement within [6] weeks of the actual termination to enable the LEA to consult with all parties to effect an alternative resolution to termination. At the end of the [6] week period the Governors or B shall consider whether termination shall take effect having taken into account the views of the LEA and the steps they have taken during the notice period. The Governors or B shall then decide to terminate or grant a further period of time within which alternative proposals can be considered.

Signed on behalf of:

School ………………..………………………………..…………………………………..

Partner Provider……………...……………………………………………………………

Oxfordshire County Council………………………………………………………………

Dated…………………….……………………

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