To seek Cabinet approval to proceed with the transfer of cultural services to Awen Cultural Trust from 1^st October 2015.

The Corporate Director Communities submitted a report that sought Cabinet approval to proceed with the transfer of cultural services to Awen Cultural Trust from 1 October 2015

 A critical area of work for the Council has been to determine how to tackle the long

term sustainability of some of its cultural facilities and activities, in the context of diminishing public funding resources. It was required to consider what delivery models are most suitable to achieve the best artistic, cultural and wellbeing outcomes for the people of Bridgend. At the same time it has to achieve immediate MTFS outcomes and the flexibility to respond to future financial pressures.

A full business case indicated that in developing an alternative service delivery model the Council could achieve its targeted MTFS savings for the period 2015/16 to 2017/18 of £625K. In doing so, it provided an alternative solution to service reduction models that may otherwise have needed to be considered.

On 13^th January 2015, Cabinet resolved to work in partnership with a locally based charitable trust to achieve common objectives aligned to the Council’s corporate priorities and to manage and operate the facilities detailed in paragraph 3.3 of the report.

The Corporate Director Communities explained that all of the above mentioned services were discretionary services other than the Library Service.

The Corporate Director Communities then confirmed that it had been agreed that a new Charitable Trust be established as a charitable company limited by guarantee. It would have exclusively charitable objects, and would apply to the Charity Commission for charity registration. This would be governed by a voluntary Board of Trustees.

He then explained that since the decision of Cabinet in January 2015 to proceed with the establishment of a new NPDO (ie the Trust), project management arrangements had been initiated to provide the necessary governance and oversight of the range of complex tasks associated with the transfer of services to a newly established organisation.

The project was multi-faceted but the key tasks were summarised in paragraph 4.2 of the report. In support of the report also, the Corporate Director Communities referred to the following Appendices:-

Appendix A – A summary of the main provisions of the Partnership agreement between the Council and the Trust (also see Paragraph 4.7 of the main report);

Appendix B – A financial summary of the transitional business plan (‘the Plan’) for Awen Cultural Trust Ltd

Appendix C – Any key risks associated with the transfer of the services

Appendix D – A proposed Outcomes Framework by which to measure the partnership’s success, including indicative key P.I.’s by which to monitor and secure minimum levels of service quality and provision

Appendix E – An Equalities Impact Assessment document

Paragraph 4.3 explained that it had been established from the outset that the proposal was being progressed within an ethos of partnership which the Council has successfully adopted for a range of other service models, whilst paragraph 4.5.

confirmed that a full and open recruitment process was undertaken in April/May 2015 to recruit the Trustees. Provisions had also been made within the Business Transfer Agreement for staff within scope to transfer to the Trust under TUPE regulations.

The Corporate Director Communities then advised that provision had been made within the Partnership Agreement to provide the necessary flexibility for the partnership in terms of building maintenance, with the Council retaining responsibility for building structures while the Trust would be responsible for minor repairs and decoration. The transfer would also include the specialist nature of the services at B-Leaf and Wood-B.

The Corporate Director Communities completed his presentation by expanding upon the report’s financial implications and the financial risk of the Trust operations which would still largely rest with the local authority.

The Cabinet Member Communities advised that this was a good news report, and he had been very impressed by the level of interest shown in the proposal and was pleased to advise that a new Board had been established, which would contribute to the success of the new Charity, giving particular regard to business and financial skills. The Trust he added would be wholly dependent of the Council, and this would be supported by a structure of Advisory Groups to secure local engagement on key areas of work.

RESOLVED:                       That Cabinet:

1.         Approved the transfer of cultural services to Awen Cultural Trust from 1^st October 2015 with the partnership acknowledgement as proposed in 4.3 of the report.

2.         Approved the Transitional Business Plan (Appendix B to the report) as a template for the effective and efficient delivery of cultural services over the three year period 2015-2018.

3.         Noted the key risks as outlined in Appendix C of the report.

4.         Approved the Outcomes Framework and key performance indicator set (Appendix D to the report) as the basis for the initial service planning agreement with final measures to be agreed

5.         Approved the management fee proposal as set out in Section 7 of the Report and delegated authority to the Corporate Director Communities and the Corporate Director Resources (Section 151 Officer) to finalise the management fee in accordance with the principles set out in Section 4.

6.         Approved the key provisions of the partnership agreement outlined in Appendix A of this report and the associated proposals outlined in Section 4, delegating authority to the Corporate Director, Communities to approve the final terms of the Partnership Agreement and any ancillary documentation, in consultation with the Assistant Chief Executive Legal and Regulatory Services and the Section 151 Officer and to arrange execution of those agreements on behalf of the Council.

7.         Approved the granting of leases to the cultural trust, co-terminus with the terms of the Partnership Agreement.

8          Authorised the Corporate Director Communities to be the named Council Officer as referred to within the Partnership Agreement and delegated authority to the Corporate Director Communities to undertake necessary contract variations to the benefit of the Council and the Cultural Partnership, in consultation with the Assistant Chief Executive Legal & Regulatory Services in order to ensure that any variations comply with current legal requirements and in consultation with the Head of Finance or the Section 151 Officer where any proposed variations would have an ongoing financial impact for the Council. Any significant changes will be referred back to Cabinet.

9.    That consideration be given as part of the report proposals to support former Care Leavers of the Authority (eg Looked After Children) in any apprenticeships, traineeships and work placement positions that will be in place as part of the transfer of Cultural Services to Awen Cultural Trust

10.     That a further report be awaited in respect of Bedford Country Park and how this is intended to be managed in the future,  considering that this does not form part of the transfer proposals