14th November 2005
___________________________________________
SEEDA
LEARNING AND SKILLS
CONTRACT
Flying Start Rallies National Council for Graduate Entrepreneurship
SE21895
___________________________________________
SEEDA Learning & Skills Contract 2005-06
1
TABLE OF CONTENTS
1
DEFINITIONS AND INTERPRETATION........................................................................4
2
STATUS OF PROVIDER....................................................................................................5
3
COMMENCEMENT AND CONTINUATION ..................................................................5
4
PROVIDER’S OBLIGATIONS ..........................................................................................5
5
SEEDA’S OBLIGATIONS ..................................................................................................6
6
MANAGEMENT .................................................................................................................7
7
PROJECT MANAGEMENT...............................................................................................7
8
PAYMENTS .........................................................................................................................7
9
PUBLICITY .........................................................................................................................9
10
REPUTATION AND PUBLIC SERVICE CONSIDERATIONS ..................................9
11
CHANGE CONTROL .....................................................................................................9
12
ACCESS AND MONITORING.....................................................................................10
13
INTELLECTUAL PROPERTY RIGHTS ....................................................................11
14
SUB-CONTRACTORS ..................................................................................................12
15
PROVIDER’S EMPLOYEES........................................................................................12
16
DATA PROTECTION ...................................................................................................12
17
LIABILITY ....................................................................................................................12
18
INSURANCE..................................................................................................................14
19
CONFIDENTIALITY ....................................................................................................14
20
FRAUD ...........................................................................................................................15
21
BREACH AND RECOVERY OF FUNDING...............................................................15
22
TERMINATION ............................................................................................................16
23
EFFECT OF EXPIRY AND TRANSFER OF RESPONSIBILITY.............................17
24
RECOVERY OF SUMS DUE........................................................................................18
25
WAIVER ........................................................................................................................18
26
SEVERANCE .................................................................................................................18
27
ENTIRE AGREEMENT................................................................................................19
28
RIGHTS OF THIRD PARTIES ....................................................................................19
29
NOTICES .......................................................................................................................19
30
LAW AND JURISDICTION .........................................................................................19
31
FORCE MAJEURE .......................................................................................................19
32
CORRUPTION ..............................................................................................................19
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33
COUNTERPARTS.........................................................................................................20
SCHEDULE 1 ............................................................................................................................21
The Project .....................................................................................................................................................21
SCHEDULE 2 ............................................................................................................................24
Monitoring......................................................................................................................................................24
SCHEDULE 3 ............................................................................................................................25
Outputs and Milestones ..................................................................................................................................25
SCHEDULE 4 ............................................................................................................................27
Payment ..........................................................................................................................................................27
SCHEDULE 5 ............................................................................................................................30
SCHEDULE 6 ............................................................................................................................53
Special Conditions..........................................................................................................................................53
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THIS AGREEMENT is made on:
BETWEEN
1.
South East England Development Agency (“SEEDA”), whose head office is at Cross
Lanes, Guildford, GU1 1YA; and
2.
National Council for Gradate Entrepreneurship (“Provider”), whose address is at 3,
Priestley Wharf Holt Street Birmingham B7 4BN
together known as the “Parties”, and singularly as a “Party”.
1
DEFINITIONS AND INTERPRETATION
1.1
In this Agreement the following definitions and interpretations apply:
“Best Practice”
means the optimum way of planning, managing and
implementing the Project;
“Capital Asset”
means any item of equipment or other moveable asset
which on the date of its purchase by Provider has a
useful life of more than one year and is purchased
wholly or partly out of the Funding;
“Deliverables”
means any and all materials, products, processes, ideas,
inventions, discoveries and information created during
the course of the Agreement as a result of the Project,
including without limitation (please specify any outputs
of the Project), in each case whether wholly or partly
funded by SEEDA – but shall not include any Third
Party Background Intellectual Property;
“Final Monitoring Date”
means the final date which the project will be required
to report until 31st May 2006
“Funding”
means the grant award which SEEDA will pay to
Provider in respect of the Project as set out in Schedule
4 (Payment);
“Intellectual Property”
means copyrights, (including for the avoidance of doubt,
rights in computer software and topography rights),
patents, trade marks, domain names, rights in designs,
databases, operating systems and specifications (both
registered and unregistered) and any applications to
register or rights to apply to register any of the
foregoing, rights in inventions (whether patentable or
not), know-how, trade secrets and other confidential
information and all corresponding rights of a similar
nature in any part of the world;
“Outputs and Milestones”
means the Outputs and Milestones to be delivered by the
Project, as set out in Schedule 3;
“Project”
means the Project described in Schedule 1
“Project Completion
means 31st May 2006 or such other date as may be
Date”
agreed in writing by SEEDA;
“Project Start Date”
means 1st November 2006 ;
“Quarter Day”
means 30 June, 30 September, 31 December, 31 March
as the case may be;
“Term”
means the period beginning on the Project Start Date
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and ending on the Project Completion Date;
“Third Party Background means any Intellectual Property Rights created or owned
Intellectual Property”
by a third party which were either created prior to the
Project Start Date or created independently of the
Project but which are used in the Project
1.2
Reference to any statute or statutory provision includes a reference to that statute or statutory
provision as from time to time amended, extended or re-enacted.
1.3
Words importing the singular shall (where appropriate) include the plural and vice versa, words
importing a gender include every gender and references to “
persons” include bodies corporate or
unincorporate bodies.
1.4
References to Clauses and Schedules are references to clauses and schedules of this Agreement.
1.5
The headings to Clauses and Schedules are inserted for ease of reference only and shall not affect
the interpretation or construction of this Agreement.
1.6
This Agreement shall be of no effect until it has been signed by or on behalf of both Parties.
1.7
The Parties shall comply with the stipulations and recommended practices set out from time to time
in guidance issued by SEEDA, GOSE or any Government Department provided that there is any
conflict between this Agreement and the guidance, then the provisions of this Agreement shall
prevail.
1.8
No amendment or variation to this Agreement shall be effective unless it is in writing and signed by
authorised representatives of each of the Parties.
2
STATUS OF PROVIDER
2.1
In carrying out its obligations under this Agreement, Provider agrees that it shall be acting as
principal and not as the agent of SEEDA and Provider shall not say or do anything that may lead
any other person to believe that Provider is acting as the agent of SEEDA.
2.2
Nothing in this Agreement shall render SEEDA liable to indemnify Provider in respect of any
liability of any kind incurred by Provider to any other person (including any end user of the Project
if any) but this shall not be taken to exclude or limit any liability of SEEDA to Provider that may
arise by virtue of breach of either any term of this Agreement or any negligence on the part of
SEEDA, its staff or agents.
3
COMMENCEMENT AND CONTINUATION
Provider shall commence the Project on the Project Start Date and, unless this Agreement is
terminated early in accordance with Clause 22 (Termination), Provider shall use reasonable
endeavours to complete the Project on the Project Completion Date.
4
PROVIDER’S OBLIGATIONS
4.1
Provider shall promptly and efficiently carry out the Project in accordance with the provisions set
out in this Agreement and shall deliver the Outputs and Milestones set out in Schedule 3 (Outputs
and Milestones)
if Outputs and Milestones are to be delivered. Provider agrees that the Outputs and
Milestones have only been delivered when the criteria at Schedule 5 (Evidence of Outputs) can be
demonstrated to SEEDA’s satisfaction.
4.2
Provider shall comply with the monitoring provisions of Clause 12 (Access and Monitoring) and
Schedule 2 (Monitoring)
if Outputs and Milestones are to be delivered
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4.3
Subject to Clause [9] (Publicity), Provider shall make reference to SEEDA being a source of its
funding in all outputs and publicity directly attributable to this Agreement, including, without
limitation, with respect to reports, publications and conferences and any such reference to SEEDA
shall require the prior approval of SEEDA
4.4
Except in accordance with Clause 4.3 (Provider’s Obligations), Provider undertakes to make no
reference in any advertising or other promotional material to this Agreement without the prior
written consent of SEEDA.
4.5
Subject to Clause [14] (Sub-contractors), sub-contractors may be appointed by Provider to deliver
the Project, provided that Provider imposes a written contract on its sub-contractor, under which the
sub-contractor is bound on terms which are identical (as far as relevant) to those contained in this
Agreement, including the Schedules. SEEDA may, at its sole discretion impose any conditions on
Provider’s sub-contractors.
4.6
In purchasing goods or services in the course of delivering the Project, Provider will comply with,
where appropriate, SEEDA procurement guidelines, issued by SEEDA from time to time.
SEEDA’s project manager will provide advice on when such guidelines must apply. Provider must
demonstrate to SEEDA’s satisfaction that in using the Funding, it has achieved best value.
4.7
Provider will pay all invoices received in respect of any goods and services procured for the
purposes of the Project within 30 days of the receipt of that invoice, provided that such goods or
services have been provided in accordance with the relevant contract of purchase.
4.8
Provider shall carry out the obligations of this Agreement in a manner which conforms in all
respects with the requirements of English Law. In particular:
4.8.1
Provider shall not commit an act of discrimination rendered unlawful by the Sex
Discrimination Act 1975, the Race Relations Act 1976 or the Disability Discrimination Act
1996; and
4.8.2
Provider shall comply with all relevant requirements contained in or having effect under the
legislation relating to health, safety and welfare at work.
4.9
Provider shall ensure that in awarding benefits to third parties under this Agreement they pay due
regard to and should familiarise themselves with the regulations governing State Aid.
4.10
SEEDA recognises that Provider will be entering into key supplier contracts for the supply of
[insert description]. Provider agrees to permit SEEDA to participate in negotiations in respect of
the terms of such contracts and further agrees not to enter into any such contracts without the prior
written approval by SEEDA of the relevant contract terms. Both Provider and SEEDA hereby
agree that their respective conduct in any such negotiations shall be carried out diligently, by
competent persons and in the best interests of SEEDA and Provider and without unreasonably
delaying the process.
4.11
Provider will maintain a register of any Capital Assets purchased in the course of the Project
(Capital Asset as defined in Clause 1)
5
SEEDA’S OBLIGATIONS
During the Term SEEDA will pay the Funding and comply with the funding provisions of Schedule
4 (Payment) in accordance with Clause [8] (Payments) provided that Provider has complied with its
obligations under this Agreement including, without limitation, that it has ensured SEEDA has
received full and accurate information and documentation as required by Schedule 2 (Monitoring)
to be submitted to SEEDA and retained by Provider.
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6
MANAGEMENT
6.1
For the purposes of managing this Agreement both Parties shall appoint a project manager. The
project manager for each Party shall be the individual notified to the other Party as such from time
to time. At the Project Start Date Provider’s contract manager shall be Lorna Collins and SEEDA’s
contract manager shall be Tiziana Boyland.
6.2
The project managers for the respective Parties shall co-operate throughout the Term to ensure that
the Project is delivered in accordance with this Agreement, that the quality of service to end users is
maintained to high standards, that required performance and delivery of Outputs and Milestones
(if
Outputs and Milestones are to be delivered) are met by Provider and that all management and other
information is provided to SEEDA as specified in this Agreement.
6.3
Provider shall promptly comply with all reasonable requests or directions of the SEEDA project
manager relating solely to the Project during the Term.
6.4
Provider shall address any enquiries about procedural or contractual matters in writing to SEEDA’s
project manager. Any correspondence in relation to this Agreement shall quote the Reference
Number on page 1 of this Agreement.
7
PROJECT MANAGEMENT
7.1
Provider shall procure that day to day management of the Project shall be carried out by a Project
Manager. Provider shall report to SEEDA in accordance with Schedule 2 (Monitoring)
7.2
Provider will create a Project Management Steering Group
7.2.1
The Project Management Steering Group
a)
The membership of the steering group shall consist of key private and public
stakeholders in the Project, including one representative from each of the advisory
panels.
b)
SEEDA shall be entitled during the Term to nominate a representative with full
rights as a member of the management steering group.
c)
Provider shall develop the management steering group’s terms of reference and
guiding principles in full consultation with SEEDA.
d)
The management steering group shall meet a minimum of once per quarter.
e)
The steering group will be responsible for ensuring satisfactory progress of the
project as set out in Schedule 1.
f)
SEEDA reserves the right to instruct the Contractor to hold more frequent meetings
where it feels that this is necessary to ensure that the project meets its given aims
and objectives.
8
PAYMENTS
8.1
Payments of Funding will be made on condition that Provider has complied with its performance
obligations in this Agreement on time to the required standard and satisfactorily evidenced in
accordance with Clause [12] (Access and Monitoring) and as set out in Schedule 5 (Evidence of
Outputs)
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8.2
Funding allocated to a particular expenditure heading in respect of this Agreement are available
only for that expenditure specified in Schedule 4 (Payment). Funding allocated to a particular
accounting year is available only for that accounting year. The allocation of Funding may not be
altered except with the prior written consent of SEEDA.
8.3
Subject to Clause 8.1, all payment of Funding will be made via BACS upon receipt of a valid claim
form (supplied by SEEDA project manager).
8.4
A quarterly reconciliation exercise will be undertaken by SEEDA during the Term. SEEDA
reserves the right to amend the Funding or Outputs and Milestones
(if Outputs and Milestones are
to be delivered) on the basis of performance in its sole discretion.
8.5
If an overpayment is made by SEEDA, Provider will repay the amount overpaid to SEEDA
immediately on demand, or as shall be determined as appropriate in SEEDA’s absolute discretion
within a reasonable period of SEEDA making a written request for repayment.
8.6
Provider will provide all reasonable and suitable oral, written or other explanation of its books,
records or accounts to SEEDA or all other bodies referred to at Clause [12.2] (Access and
Monitoring) if required. In particular, Provider must comply with Clause [4.6] (Provider’s
Obligations). Both input and output VAT will be included as separate items in such accounts.
8.7
SEEDA reserves the right to require any claim for Funding or management monitoring information
submitted, or to be submitted, by or on behalf of Provider, to be audited by an independent
accountant approved by SEEDA in writing at any point until the Project Completion Date at
Provider’s cost
8.8
Without prejudice to Clause [21] (Breach and Recovery of Funding), if this Agreement is
terminated at any time under Clause [22] (Termination) howsoever caused, SEEDA’s financial
commitment will be limited to eligible expenditure incurred by Provider up to and including the
termination date.
8.9
Amounts paid by SEEDA under the Contract shall include Value Added Tax only where such VAT
is not reclaimable by the Provider. It shall be the responsibility of the Provider to establish the
VAT position with respect to payments made under the Contract, or any other contract, and to
discharge any liabilities which may arise. SEEDA shall have no liability for amounts payable to
HM Customs and Excise in relation to the Value Added Tax Act or other VAT regulations in
respect of the Project.
8.10
SEEDA reserves the right, at any reasonable time until the Project Completion Date, and as it may
deem necessary, to:
8.10.1 require Provider to provide evidence of financial resources sufficient to enable it to
continue to fulfil the Project; and/or
8.10.2 obtain a report by an independent accountant of SEEDA’s choice on the financial systems
and controls operated by Provider in respect of monies claimed or received under this
Agreement and Provider’s financial standing and ability to deliver the Project; and/or
8.10.3 require Provider to provide a copy of Provider’s latest audited Report.
In the event that no material irregularity in Provider’s performance is identified, SEEDA will bear
all costs of any independent accountant incurred under this Clause. Where such independent
accountant identifies any material irregularity in Provider’s performance, Provider shall bear costs
incurred under this Clause.
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9
PUBLICITY
9.1
SEEDA has the right to publicise the Project and to require that Provider acknowledges the part
played by SEEDA in supporting the Project in any publicity that it produces. The form and content
of all publicity material shall be approved by SEEDA prior to its publication, and Provider must not
publish or display any item bearing the logo or name of SEEDA unless, and until, such approval
has been given. Provider shall use the SEEDA logo for all materials and publicity (these are
available in electronic format upon request). Provider shall acknowledge the receipt of the Funding
by incorporating the SEEDA logo with the words "This project received funding from SEEDA"
into the design of any printed or presentation material associated with the Project. Provider shall
use the same wording on all written communications and press releases concerning the Project and
shall inform SEEDA of all promotional events.
9.2
SEEDA grants Provider a non-exclusive licence to use the SEEDA logo for the purposes set out in
this Agreement for the duration of the Project. Provider shall not assign or grant sub-licences of
this licence or any part of it without SEEDA’s written consent. Provider acknowledges that the
SEEDA logo is owned by and shall remain the property of SEEDA. Provider shall not acquire any
rights in respect of the logo by reason of the exercise of the rights granted by this Agreement.
9.3
Provider grants SEEDA a non-exclusive licence to use Provider’s logo, trade mark, brand name or
other mark, if any, for the purposes set out in this Agreement for the duration of the Project.
SEEDA shall not assign or grant sub-licences of this licence or any part of it without Provider’s
written consent. SEEDA acknowledges that Provider’s logo is owned by and shall remain the
property of Provider. SEEDA shall not acquire any rights in respect of the logo by reason of the
exercise of the rights granted by this Agreement.
9.4
Provider shall not, and shall use its best endeavours to procure that its sub-contractors shall not,
knowingly do or omit to do, anything in relation to this Agreement or in the course of their other
activities, which may bring the standing of SEEDA into disrepute or attract adverse publicity for
SEEDA.
9.5
Provider shall at all times carry out the Project with due regard to the need for those in a public
service environment to observe the highest standards of efficiency, economy, probity, courtesy,
consideration and hygiene.
9.6
In connection with any press releases, reports, publications, promotions or other similar materials
produced by SEEDA relating to the Project, SEEDA shall ensure that reference is made to Provider.
Any such reference is subject to Provider’s prior approval which shall not be unreasonably withheld
or delayed.
10
REPUTATION AND PUBLIC SERVICE CONSIDERATIONS
The Parties mutually undertake to each other that in performing their obligations under this
Agreement they shall pay the utmost regard to the standing and reputation of the other and shall not
do or fail to do anything which may bring the standing or reputation of the other into disrepute or
attract adverse publicity to the other.
11
CHANGE CONTROL
11.1
SEEDA shall notify Provider in writing of any material change to SEEDA’s requirement for the
Project or the levels or values of Outputs and Milestones
(if Outputs and Milestones are to be
delivered) and the time period within which the requested change should be implemented.
11.2
Provider shall use all reasonable endeavours to accommodate any changes to the needs and
requirements of SEEDA within the period specified in the notice issued pursuant to Clause 11.1
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provided that it shall be entitled to payment for any reasonable and verifiable additional direct costs
it incurs as a result of any such changes. The amount of such additional direct costs to be agreed in
accordance with Clause 11.5.
11.3
In the event that Provider requires any change to the Project, Milestones and Outputs (
if Outputs
and Milestones are to be delivered) or Funding, or any other part of this Agreement, it should notify
SEEDA in writing of the required change.
11.4
SEEDA shall consider any reasonable change to this Agreement, and notify Provider in writing
within a reasonable time period if the requested change is accepted by SEEDA or not.
11.5
No amendment or variation to this Agreement shall be effective unless it is in writing and signed by
or on behalf of each of the parties hereto. Provider shall comply with any reasonable formal
procedures for amending or varying contracts that SEEDA may have in place from time to time, as
the same are notified to Provider.
12
ACCESS AND MONITORING
12.1
Except that SEEDA shall give Provider reasonable advance notice in writing of proposed visits to
Provider or its sub-contractors, SEEDA and any other public body to which SEEDA is accountable
may visit Provider or its sub-contractor to observe the delivery of the Project at reasonable
intervals.
12.2
For monitoring and evaluation purposes, SEEDA or its agents, [the National Audit Office,
Representatives of the European Commission, European Secretariat, Government Departments,
Government Offices, the European Court of Auditors, the Audit Commission and the Inspectorates
and any other public body] or agents of the aforementioned bodies shall have the right to visit all or
any site(s) and view operations relating to the Project and to inspect relevant documents and
interview Project users and Provider staff during these visits at reasonable intervals.
12.3
Subject to Clause 12.1 Provider shall, and shall ensure that its sub-contractors shall, permit access
to any of the representatives listed at Clause 12.2 in order to:
12.3.1 examine, audit or take copies of any original or copy documentation, accounts, books and
records of Provider and its sub-contractors that relate to the Project;
12.3.2 visit, view or assess the design, management and delivery of any activity relating to the
Project at any premises where those operations are carried out (including those of sub-
contractors) and conduct relevant interviews, including interviews with any participants in
the Project, during these visits at any reasonable time;
12.3.3 carry out examinations into the economy, efficiency and effectiveness with which Provider
has used SEEDA’s resources in the performance of the Project.
12.4
Where reasonably required, Provider and its sub-contractors shall provide copies of any relevant
documents required by any of the representatives listed at Clause 12.2.
12.5
Provider and any sub-contractor shall, if required by any of the representatives stated at Clause
12.2, provide appropriate oral or written explanations of any documents or procedures.
12.6
Provider shall keep all records books and receipts relating to the delivery of the Project in a form
which enables the records to be identified separately from any other records. Such records books
and receipts shall be made available to SEEDA within a reasonable time upon reasonable request.
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12.7
Provider shall retain original invoices and management information returns and all other documents
necessary to verify services provided by Provider or by its sub-contractors in relation to this
Agreement in the course of delivering the Project including, but not limited to those documents
required under Schedule 2, for 6 years from the end of the financial year in which the project is
completed. Such invoices and documents shall be made available, by Provider, for audit purposes
by any officers authorised by SEEDA.
12.8
SEEDA will review the Project with Provider 1 month before the Project Completion Date to
consider the future sustainability of the Project.
13
INTELLECTUAL PROPERTY RIGHTS
13.1
Provider acknowledges that it is a condition of SEEDA’s Funding of the Project that with the
exception of Third Party Background Intellectual Property Rights, if any, Provider owns all
Intellectual Property Rights in the Deliverables and Provider shall obtain an assignment of the same
from any sub-contractor or other third party involved in the creation of the Deliverables. Provider
warrants, undertakes and covenants to SEEDA that it shall own the Intellectual Property Rights in
the Deliverables.
13.2
With the exception of Third Party Intellectual Property Rights, subject to Clause 13.4 all
Intellectual Property Rights in the Deliverables shall remain the property of Provider.
13.3
Provider acknowledges that it is a condition of SEEDA’s Funding of the Project that Provider has a
licence to use all Third Party Background Intellectual Property for the purposes of delivering the
Project and if necessary (in SEEDA’s opinion) for the delivery of the Project Provider shall obtain
the right to sub-licence the same to SEEDA from the owner of such Third Party Background
Intellectual Property (if any is used). Provider warrants, undertakes and covenants to SEEDA that
it shall irrevocably sub-licence use of all Third Party Background Intellectual Property to SEEDA
for the purposes of the Project or any other purposes which the Parties may agree in writing on a
royalty free basis in accordance with the terms of the licence at Clause 13.4.
13.4
If requested by SEEDA in writing Provider agrees to licence all Intellectual Property Rights in the
Project Deliverables and sub-licence Third Party Background Intellectual Property (if any) to
SEEDA on a royalty fee, non-exclusive, world wide basis for SEEDA to use, copy, issue, sub-
licence, adapt or otherwise develop for any purpose for the duration of all such Intellectual Property
Rights for the purposes of the Project or any other purposes which the Parties may agree in writing.
13.5
Provider will take all such steps and execute any documents SEEDA may require in order to perfect
SEEDA’s licence at Clause 13.4 (Intellectual Property Rights).
13.6
Provider acknowledges that it is a condition of SEEDA’s funding of the Project that SEEDA shall
be entitled to make publicly available information and know-how relating to or derived from the
Project which SEEDA regards as “Best Practice” (“Project Related Know-How”) notwithstanding
that this Project Related Know-How may constitute Intellectual Property Rights belonging to
Provider or a third party and that such Project Related Know-How will as a result enter the public
domain.
13.7
SEEDA’s decision as to what constitutes Best Practice shall be final. SEEDA shall have the right to
amend the Project Related Know-How or to combine information and know-how from two or more
projects as it thinks fit to when compiling and publishing what it regards as Best Practice in
exercise of the right referred to in Clause 13.6. Where SEEDA has amended Project Related Know-
How or combined information and know-how from two or more projects it shall not identify
Provider as a contributor without Provider’s prior written consent.
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14
SUB-CONTRACTORS
14.1
Provider shall include in its contracts with suppliers, agents or sub-contractors engaged for the
purposes of the Project a written condition undertaking to make payment for the supply of their
goods and/or services within 30 days of receipt of the supplier’s or sub-contractor’s invoice
(provided that such goods and/or services have been supplied in accordance with the relevant
contract).
14.2
Provider shall take all reasonable steps to satisfy itself that its agents, suppliers and sub-contractors
(and their employees) are suitable in all respects (including, without limitation, in respect of
qualifications) to be engaged in relation to the Project.
14.3
Provider shall notify SEEDA within 5 days of any claim brought against Provider arising out of or
relating to Provider’ performance of the Project including any claim made against any sub-
contractor, supplier or agent of which Provider receives notification.
14.4
Provider shall include in its contracts with agents, suppliers and subcontractors provisions that
require that its agents, suppliers and sub-contractors entering on to SEEDA’s premises comply with
all security measures imposed by SEEDA from time to time including, where relevant, the use of
photo passes or other passes. Provider shall also require that passes are returned to SEEDA when no
longer required by the relevant employee or sub-contractor for the purposes of this Agreement.
15
PROVIDER’S EMPLOYEES
15.1
Provider shall take all reasonable steps to satisfy itself that the persons it engages to work on the
Project are suitable in all respects (including, without limitation, in respect of qualifications) to
perform the Project.
15.2
Provider shall ensure that its employees entering on to SEEDA’s premises comply with all security
measures imposed by SEEDA from time to time including, where relevant, the use of photo passes
or other passes. Provider shall ensure that passes are returned to SEEDA when no longer required
by the relevant employee or sub-contractor for the purposes of this Agreement.
16
DATA PROTECTION
16.1
Provider shall ensure that it has made such notification to the Information Commissioner pursuant
to the Data Protection Act 1998 which is required for the performance of this Agreement and shall
comply with all relevant requirements of the said Act and shall be liable for and shall indemnify
SEEDA against any expense, liability, loss, claims or proceedings arising as a result of or in
connection with any breach of this Clause.
16.2
Provider further undertakes and covenants to use any information or other material disclosed to it in
connection with the Project solely for the purpose for which such information or other material was
disclosed to it and in accordance with the Data Protection Act 1998.
17
LIABILITY
17.1
Provider shall indemnify SEEDA against any expense, liability, loss, claim or proceedings in
respect of personal injury to or death of any person given or made by any court of competent
jurisdiction or mutually agreed as part of any settlement arising out of or in the course of or caused
by the negligent act or omission or wilful default of Provider, or its agents, sub-contractors,
suppliers or employees in the delivery of the Project, except to the extent (if any) that it was also
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caused or contributed to by the negligent act or omission or wilful default of SEEDA or its servants
or agents.
17.2
Provider shall indemnify SEEDA against any expense, liability, loss, claim or proceedings in
respect of direct loss or damage to property whether belonging to SEEDA or otherwise given or
made by any court of competent jurisdiction or mutually agreed as part of any settlement arising out
of or in the course of or caused by the negligent act or omission or wilful default of Provider or its
agents, sub-contractors, suppliers or employees in the delivery of the Project, except to the extent
(if any) that it was also caused or contributed to by the negligent act or omission or wilful default of
SEEDA or its servants or agents.
17.3
All property of Provider whilst on SEEDA’s premises is there at the risk of Provider and SEEDA
accepts no liability for any loss or damage howsoever occurring to it, except to the extent (if any)
that it was also caused or contributed to by the negligent act or omission or wilful default of
SEEDA or its servants or agents.
17.4
Provider warrants that all of the information contained in its application for SEEDA Funding, and
all supporting information, and representations made orally or in writing is true and accurate at the
time provided, and at the date of this Agreement, and that all anticipated Outcomes and Milestones
(if Outputs and Milestones are to be delivered)are achievable.
17.5
Provider warrants to SEEDA that all works produced and/or delivered under the Agreement
including but not limited to the Deliverables and any Third Party Background Intellectual Property
(whether developed for the Project or not) will not infringe, in whole or in part, any copyright or
any other Intellectual Property right of any person and agrees to indemnify SEEDA against any and
all claims, demands, proceedings, expenses and losses, including any of a consequential nature,
arising directly or indirectly out of any act of the foregoing in relation to any works, where such act
is, or is alleged to be, an infringement of a third party’s copyright or other Intellectual Property
right. This warranty and indemnity shall survive the termination of the Agreement and shall exist
for the life of the copyright or other Intellectual Property right.
17.6
Provider warrants, undertakes and covenants to SEEDA that the obligations of Provider under this
Agreement will be performed by appropriately qualified and trained persons with reasonable skill
care and diligence and to such high standards of quality as is reasonably expected of a professional
organisation carrying out such a Project.
17.7
Provider warrants, undertakes and covenants that any goods supplied by Provider forming a part of
the Project will be of satisfactory quality and comply with its specification and will have the benefit
of a product guarantee in respect of defects in design, material and workmanship.
17.8
Without prejudice to any other remedy, if any part of the Project is not performed in accordance
with this Agreement then SEEDA shall be entitled, where it considers it to be appropriate, to:-
17.8.1 require Provider either itself or through its duly authorised agents, contractors or sub-
contractors, to promptly re-perform, replace or re-work as the case may be the relevant part
of the Project without additional charge to SEEDA; or
17.8.2 assess the reasonable cost of remedying the failure (“the Assessed Cost’) and to deduct
from any sums due to Provider the Assessed Cost.
17.9
Provider shall be liable for and shall indemnify SEEDA against any expense (including, without
limitation, legal expenses), liability, loss, claim or proceedings arising as a result of or in
connection with any breach of the terms of this Agreement or otherwise through the default,
directly or indirectly, of Provider.
SEEDA Learning & Skills Contract 2005-06
13
18
INSURANCE
18.1
Provider shall ensure that it and its sub-contractors or agents have in force, at all material times,
adequate and suitable insurance with an insurer of good repute to cover all statutory obligations and
to cover claims arising under this Agreement or the relationships created by it or any other claims
or demands which may be brought or made against it by any person suffering any injury damage or
loss in connection with this Agreement. Provider shall upon request produce to SEEDA, its or any
other relevant policy or policies of insurance, together with the receipt for the payment of the last
premium in respect of each policy or produce documentary evidence that the policy or policies are
properly maintained.
18.2
Where Provider (or its sub-contractors or agents) is a person or body exempted from the obligations
of the Employers Liability (Compulsory Insurance) Act 1969, Provider shall not be required to
carry insurance for which it is exempted by the said Act if alternative arrangements for meeting
such liabilities are made to the satisfaction of SEEDA or in relation to Employers Liability
(Compulsory Insurance) or any other insurance SEEDA have agreed.
18.3
Provider, when requested, shall produce to SEEDA evidence showing the actual coverage in force
at the time of the request and shall give SEEDA written notice before any such insurance is altered
or cancelled.
19
CONFIDENTIALITY
19.1
All documents and information relating to the Project and/or its participants received by the Parties
and/or sub-contractors during or in connection with the performance of this Agreement shall subject
to the terms of this Agreement be held by the Parties and/or sub-contractors in the strictest
confidence.
19.2
All documents and information provided by either Party to the other during or in connection with
the performance of this Agreement shall be treated as confidential. Such documents and
information shall not be used by the receiving Party except for the purposes for which they were
made available and such documents and information shall not be disclosed by the receiving Party to
any other person without the prior written consent of the issuing Party. The Parties shall use all
reasonable endeavours to ensure that its employees and its sub-contractors are under a similar
obligation of confidentiality in respect of the relevant documents and information. The above
restriction shall not apply to information which:-
19.2.1 is already in the public domain: or
19.2.2 is disclosed to Provider without any obligation of confidence by a third party who has not
derived it directly or indirectly from SEEDA; or
19.2.3 is trivial or cannot reasonably be considered to be confidential; or
19.2.4 relates to the performance of Provider in relation to delivery of the Project; or
19.2.5 is disclosed to sub-contractors contracted to deliver all or part of the Project;
19.2.6 is required to be disclosed by any enactment of law or judgement of any competent Court.
19.3
The Parties will ensure that information deemed confidential is only released to a third party with
the prior written authority of the Party providing that information.
SEEDA Learning & Skills Contract 2005-06
14
20
FRAUD
20.1
The Parties shall use all reasonable endeavours to safeguard SEEDA’s Funding of the Project
against fraud generally and, in particular, fraud on the part of Provider’s directors, employees or
sub-contractors.
20.2
The Parties shall pay the utmost regard to safeguarding public funds against misleading invoices for
payment. Provider shall notify SEEDA immediately if it has reason to suspect that any fraud has
occurred or is occurring.
20.3
Provider shall notify SEEDA immediately of any instance of suspected fraud or financial
irregularity in the delivery of the Agreement including, but not limited to, cases of:
20.3.1 collusion with members of the staff of SEEDA;
20.3.2 computer fraud;
20.3.3 the submission to SEEDA of inaccurate, incomplete, misleading or falsified management
information;
20.3.4 fraud involving awarding bodies.
20.4
The Parties shall co-operate in the identification of participants in the Project who may be
unlawfully claiming benefits. SEEDA may from time to time brief Provider as to the co-operation
and assistance it reasonably requires including the provision of information regarding fraud by
Project participants.
21
BREACH AND RECOVERY OF FUNDING
21.1
SEEDA may reduce, suspend or withhold the Funding, require all or part of the Funding to be
repaid, [or require Capital Assets to be transferred to SEEDA (where the purchase of such Capital
Assets was wholly funded by SEEDA)] if:-
21.1.1 SEEDA judges the performance of the Project unsatisfactory;
21.1.2 Provider fails in SEEDA’s reasonable opinion to comply with the terms and conditions set
out in this Agreement;
21.1.3 this Agreement is terminated in accordance with Clause [22] (Termination) (except where
Provider is entitled to terminate for breach by SEEDA [or SEEDA terminate under Clause
[22.3] (Notice of Termination))];
21.1.4 there is a change to the nature, scale, costs, ownership or timing of the Project which
SEEDA has not approved, or any attempt is made to transfer or assign any rights, interests
or obligations created under this Agreement or substitute any person in respect of any such
rights, interests or obligations, without the written agreement in advance of SEEDA, if
required;
21.1.5 any information provided in the application for Funding or in a claim for payment or in
subsequent or supporting correspondence is found to be incorrect or incomplete to an extent
which SEEDA considers in its absolute discretion to be material;
21.1.6 a charge is taken on any Capital Asset (obtained through SEEDA funding) without the
written agreement in advance of SEEDA;
21.1.7 there is a failure to keep and maintain the records as required under this Agreement;
SEEDA Learning & Skills Contract 2005-06
15
21.1.8 during the Term the Deliverables as a whole are used for purposes other than the Project;
21.1.9 SEEDA judges there is unsatisfactory progress towards completing the Project, or if the
Project is not completed by the Project Completion Date;
21.1.10 SEEDA judges there is unsatisfactory progress towards achieving the Outputs and
Milestones specified in Schedule 3 (Outputs and Milestones);
21.1.11 other than a sale in accordance with Clause [23.1] any or all of the Capital Assets funded
exclusively by SEEDA as part of the Project are disposed of within five years of the Project
Completion Date without the prior written approval of SEEDA;
21.1.12 insufficient measures are taken by Provider to investigate and resolve any reported
irregularity;
21.1.13 any other circumstances or event occurs which in SEEDA’s reasonable opinion are likely to
affect Provider’ ability to achieve the Outputs and Milestones specified in Schedule 3
(Outputs and Milestones)
(if Outputs and Milestones are to be delivered)or result in a risk
that the Project as approved by SEEDA from time to time will not be completed, and
SEEDA having disclosed such concerns to Provider, Provider have done nothing to address
such concerns to SEEDA’s satisfaction within a reasonable period.
21.2
In the event that SEEDA required all or part of the Funding to be repaid in accordance with Clause
21.1, Provider undertakes to pay such amount to SEEDA immediately on demand, (or as shall be
determined as appropriate in SEEDA’s absolute discretion, within 30 days of making a written
request for payment, if such request permits Provider a 30-day repayment period), without
deduction, set off or counterclaim unless Provider has a valid court order requiring an amount equal
to such deduction to be paid by SEEDA to Provider.
22
TERMINATION
22.1
SEEDA may terminate this Agreement with immediate effect in the event that in the reasonable
opinion of SEEDA, the conduct of Provider in performing its obligations under this Agreement
amounts to fraud, dishonesty, wilful concealment, gross misconduct or incompetence.
22.2
This Agreement shall commence on the Project Start Date and continue until the Project
Completion Date.
22.3
This Agreement may be terminated by either party giving to the other party at least thirty days’
notice in writing.
22.4
Without prejudice to Clause 22.1, in the event of any breach (other than a material breach) of this
Agreement by either party, the other party may serve a notice on the party in breach requiring the
breach to be remedied within a period specified in the notice which shall be reasonable in all the
circumstances. If the breach has not been remedied by the expiry of the specified period, the Party
not in breach may terminate this Agreement with immediate effect by notice in writing.
22.5
This Agreement may be terminated by SEEDA with immediate effect by notice in writing if at any
time:-
22.5.1 Provider passes a resolution that it be wound-up or that an application be made for an
administration order or Provider applies to enter into a voluntary arrangement with its
creditors; or
SEEDA Learning & Skills Contract 2005-06
16
22.5.2 a receiver, liquidator, administrator, supervisor or administrative receiver be appointed in
respect of Provider’s property, assets or any part thereof; or
22.5.3 the court orders that Provider be wound-up or a receiver of all or any part of Provider’s
assets be appointed; or
22.5.4 Provider is unable to pay its debts in accordance with Section 123 of the Insolvency Act
1986; or
22.5.5 any officers or representatives of Provider are convicted of a criminal offence related to
Provider’s business or professional conduct; or
22.5.6 any officers or representatives of Provider commit an act of grave misconduct in the course
of Provider’ business; or
22.5.7 any officers or representatives of Provider fail to fulfil his/their obligations relating to
payment of taxes; or
22.5.8 Provider fails to disclose any material misrepresentation on becoming aware of the same in
supplying information required by SEEDA in or pursuant to this Agreement; or
22.5.9 Provider ceases or threatens to cease carrying on business.
23
EFFECT OF EXPIRY AND TRANSFER OF RESPONSIBILITY
23.1
In the event:
23.1.1 of termination of this Contract pursuant to Clause [22] (Termination), otherwise than by
reason of SEEDA’s default [or no cause termination by SEEDA under Clause 22.3]; or
23.1.2 save as agreed otherwise in writing, that equipment purchased by Provider using funding
provided by SEEDA hereunder is used for a purpose not within the Project,
SEEDA may by notice in writing require Provider to sell at open market value all equipment
purchased by Provider using funds provided by SEEDA. The proceeds of sale in respect of such
equipment, after deduction of any expenses reasonably incurred by Provider directly in connection
with such sale, shall be paid by Provider to SEEDA and until the completion of such sale all rights,
title and interest in such equipment shall vest in SEEDA solely and Provider shall do any acts and
execute any documents or instruments necessary to give effect to this Clause 23.1 (Effect of Expiry
and Transfer of Responsibility).
23.2
The Parties agree that if upon termination of this Agreement circumstances arise in which the
Transfer of Undertakings (Protection of Employment) Regulations 1981 are applicable, the Parties
shall in good faith co-operate with each other in the disclosure of information and the provision of
other assistance so as to facilitate such outcome in relation to the relevant employees as may be
acceptable to the Parties.
23.3
The Parties agree that on termination or expiry of this Agreement for any reason, the continuity of
the Project is of paramount importance. Provider shall do its utmost to minimise disruption caused
to end users and to assist the implementation of any contingency plan proposed by SEEDA to deal
with the effects of such termination or expiry in so far as it is practicable to do so.
23.4
Provider shall, at no cost to SEEDA, promptly provide such assistance and comply with such
timetable as SEEDA may reasonably require for the purpose of ensuring an orderly transfer of
responsibility for provision of the Project (or its equivalent) upon the expiry or other termination of
SEEDA Learning & Skills Contract 2005-06
17
this Agreement. Provider shall ensure that its employees and its sub-contractors are under a similar
obligation. SEEDA shall be entitled to require the provision of such assistance both prior to and
after the expiry or other termination of this Agreement.
23.5
Such assistance may include (without limitation) delivery of documents and data in the possession
or control of Provider or its sub-contractors which relate to performance, monitoring, management
and reporting of the Project, including the documents and data, if any, referred to in the Schedules.
23.6
Provider undertakes and covenants that it shall not knowingly do or omit to do anything which may
adversely affect the ability of SEEDA to ensure an orderly transfer of responsibility for provision of
the Project.
23.7
Subject to Clause 23 (Effect of Expiry and Transfer of Responsibility), each Party’s further rights
and obligations cease immediately on termination of expiry of this Agreement but termination does
not affect a Party’s accrued rights and obligations at the date of termination or expiry.
23.8
Notwithstanding the termination or expiry of this Agreement, Clauses 2 (Status of Provider), 6
(Management), 7 (Project Management), 10 (Reputation and Public Service Considerations), 12
(Access and Monitoring), 13 (Intellectual Property Rights), 17 (Liability), 19 (Confidentiality), 23
(Transfer of Responsibility on Expiry of Termination) (to the extent only as is required by SEEDA
to verify matters relevant to the Project which occurred during the Term and to ensure compliance
with any obligations of either party which subsist beyond the Terms) 9.1 (Publicity), 21 (Breach
and Recovery of Funding) and 24 (Recovery of Sums Due) of this Agreement (together with any
provisions necessary for their interpretation or enforcement) shall remain in full force and effect.
24
RECOVERY OF SUMS DUE
Wherever any sum of money shall be recoverable from or payable by Provider to SEEDA, SEEDA
may deduct the same from any sum then due to Provider or which at any time thereafter may
become due to Provider under this Agreement or under any other Agreement with SEEDA.
25
WAIVER
No delay by or omission by either Party in exercising any right, power, privilege or remedy under
this Agreement shall operate to impair such right, power, privilege or remedy or be construed as a
waiver thereof. Any single or partial exercise of any such right, power, privilege or remedy shall
not preclude any other or further exercise thereof or the exercise of any other right, power, privilege
or remedy.
26
SEVERANCE
26.1
If any provision of this Agreement shall be found by any court or administrative body of competent
jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the
other provisions of this Agreement which shall remain in full force and effect.
26.2
If any provision of this Agreement is so found to be invalid or unenforceable but would be valid or
enforceable if some part of the provision were deleted, the provision in question shall apply with
such modification(s) as may be necessary to make it valid.
26.3
The Parties agree, in the circumstances referred to in Clause 26.1 and if Clause 26.2 does not apply,
to attempt to substitute for any invalid or unenforceable provision a valid and enforceable provision
which achieves to the greatest extent possible the same effect as would have been achieved by the
invalid or unenforceable provision.
SEEDA Learning & Skills Contract 2005-06
18
27
ENTIRE AGREEMENT
Except as set out in this Agreement, in the absence of fraud, this Agreement and any documents
referred to in it represent the entire understanding between the Parties in relation to their subject
matter and supersede all agreements and representations made by either Party, whether oral or
written.
28
RIGHTS OF THIRD PARTIES
Except where rights of access have been given to third parties in Schedule 2 and Clause 12, or any
other rights are reserved by any Government body, this Agreement is made solely and specifically
between the parties hereto and it is not intended to be for the benefit of or enforceable by any other
person, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
29
NOTICES
Any notices to be given under this Agreement shall be delivered personally or sent by first class
post or by facsimile transmission to the SEEDA contract manager (in the case of SEEDA) or to
Provider’s contract manager (in the case of Provider). Any such notice shall be deemed to be
served, if delivered personally, at the time of delivery, if sent by post; 48 hours after posting or, if
sent by facsimile transmission, 12 hours after proper transmission (provided a confirmatory letter is
sent on the day of transmission by prepaid first class post).
30
LAW AND JURISDICTION
30.1
This Agreement shall be governed by and interpreted in accordance with English Law and the
parties irrevocably submit to the exclusive jurisdiction of the English courts.
30.2
This document has been executed on the date stated at the beginning of this Agreement.
31
FORCE MAJEURE
31.1
Neither Party hereto shall be liable for any breach of its obligations hereunder resulting from causes
beyond its reasonable control including but not limited to fires, strikes (of its own or other
employees), insurrection or riots, embargoes, container shortages or delays in transportation,
inability to obtain supplies and equipment, delays caused by unforeseen software or technology
bugs and viruses, requirements or regulations of any civil or military authority (an “Event of Force
Majeure”). Each of the Parties hereto agrees to give written notice forthwith to the other upon
becoming aware of an Event of Force Majeure such notice to contain details of the circumstances
giving rise to the Event of Force Majeure.
31.2
The operation of this Agreement shall be suspended during the period (and only during the period)
in which the Event of Force Majeure continues. Forthwith upon the Event of Force Majeure ceasing
to exist, the Party relying upon it shall give written advice to the other of this fact. If the Event of
Force Majeure continues for a period of more than 90 days and substantially affects the commercial
intention of this Agreement, then either Party shall be entitled to terminate this Agreement. Upon
such termination, the provisions of Clause [23] shall apply.
32
CORRUPTION
32.1
Provider shall not offer to give, or agree to give, to any member, employee or representative of
SEEDA any gift or consideration of any kind as an inducement or reward for doing or refraining
from doing, or for having done or having refrained from doing, any act in relation to the obtaining
or execution of this or any other Agreement with SEEDA or for showing or refraining from
showing favour or disfavour to any person in relation to this or any such Agreement.
SEEDA Learning & Skills Contract 2005-06
19
32.2
Provider’s attention is drawn to the Prevent of Corruption Acts 1889 to 1916. Any offence by
Provider or its employees or by anyone acting on its behalf under the Prevention of Corruption Acts
1889 to 1916 in relation to this or any Agreement with Her Majesty’s Government shall entitle
SEEDA to terminate the Agreement and recover from Provider the amount of any loss resulting
from such termination and/or to recover from Provider the amount or value of any gift,
consideration or commission.
33
COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which, when executed and
delivered, shall be original, and all the counterparts together shall constitute one and the same
instrument.
SIGNED by:
redacted
……………………………………………
duly authorised for and on
Director Learning and Skills Division
behalf of
SEEDA
SIGNED by: redacted
duly authorised for and on
…………………………………………….
behalf of
[Chief Executive Officer]
National Council for Graduate
Entrepreneurship
SEEDA Learning & Skills Contract 2005-06
20
SCHEDULE 1
The Project
1
DESCRIPTION AND PURPOSE OF THE PROJECT
1.1
Aim
This project is for the delivery of 2 events, each at different and appropriate venues in the region,
the aim of which is to inspire students/graduates to explore the possibility of starting their own
business, and if starting a business is right for them, to commit to further action in each HEI and
the business support community.
These events support the National Council for Graduate Entrepreneurship (NCGE) Flying Start in
its effort to raise the profile of entrepreneurship and increase the number of students and graduates
(defined as within five years of graduation) seriously considering and engaging in business start-up
in all its forms including self-employment.
It is hoped that the project will have a very long lasting impact on the region’s economy.
This project must also ensure equality of opportunity for all students/recent graduates across the
region.
1.2
Objectives
•
Encourage a minimum of 500 graduates (graduating within the last 5 years) and current
students, close to graduating, from within the region, to explore the possibilities of starting their
own business.
•
Increase the graduates’ and students’ self knowledge with regard to propensity to
entrepreneurship
•
Educate graduates and students about the business start up process, and sources of support
available
•
Introduce graduates and students to named sources of information, help and support, both
within and outside of universities, and to engender the sense of being part of a wider network.
2
DELIVERY MECHANISM
In order to achieve its aims , these two events will offer a fun, inspirational learning experience to
the students to inform them of the range of entrepreneurial activities open to them as
economic/career options.
SEEDA Learning & Skills Contract 2005-06
21
The events will have a range of activities including information points, business clinics, workshops
and also have roving young entrepreneurs acting as role models, generating a mood of excitement
and ‘buzz’ for all who attend
.
The Provider will coordinate a Working Group of key partners, set up to provide input on these
two events specifically to ensure that it meets regional needs. The purpose of the Working Group
is not to redesign what is already a successful format and structure, but to advise on content to
make sure that it meets regional needs. The Working Group will consist of a SEEDA
representative, an NCGE representative, and two or three members of HEI’s in the region.
During both events, informative workshops will be organised around topical and relevant topics
and themes for aspiring entrepreneurs. The events will cater for three distinct target groups:
students who have no ideas but want to do something in business; students who have many ideas
and need help to decide which one to take forward; students who have a very clear idea and who
want to start their business in 2006-2007.
The event would also provide signposts to post-event support, nationally including NCGE Flying
Start, and locally/regionally, including HEI support.
These two events would be held at different and centrally located (to the region), large venues the
first at the end of February and the second in the beginning of March 2006.
Communication and partnership working
SEEDA will communicate with the Higher Education Entrepreneurship Group in the first instance
to inform them that NCGE will be organising/coordinating the events and to solicit volunteers to
be involved in the WG. There will be one Working Group for both events. NCGE will convene the
WG meeting once SEEDA have confirmed volunteer members. NCGE will convene the first
meeting of the WG in January.
NCGE will work closely and in harmony with SEEDA to manage stakeholder relationships in the
HEI community. This will be done in conjunction with, and with sensitivity for the existing
relationships. Information about new relationships that are established during the course of the
project will be shared with SEEDA via the post-event report.
Key Duties of the Provider
Steering group coordination and management
Sourcing of venue and management of venue contract in conjunction with SEEDA
Managing relationships with all relevant stakeholders
Event planning and coordination, including invitations, travel arrangements for delegates and
presenters, coordination with Twelve Consultancy on pr activities
Programme coordination, sourcing of presenters, mentors and helpers
Speaker sourcing (with help from SEEDA),
Exhibitor sourcing (with help from SEEDA)
Delegate packs and other materials
Liaison with stakeholders in the region
Marketing of event; including distribution and production of marketing materials
SEEDA Learning & Skills Contract 2005-06
22
General event management during the Rally – organising of helpers, greeting of presenters and
guest speakers and VIPs, production of materials for the day
Gathering information and detail about standard outputs, feedback and evaluation of the event
Follow up report including evaluation, refinements, and enhancements (lessons learned)
PLANNING SCHEDULE, SUPPORTING INFORMATION FOR THE PROJECT, PR ACTIVTY
PLAN AND PROOSED BUDGET ATTACHED AS ANNEX 1, 2 3 AND 4 TO SCHEDULE 1
End of Schedule 1
SEEDA Learning & Skills Contract 2005-06
23
SCHEDULE 2
Monitoring
1
Provider will complete the Project/Scheme Output Monitoring Return (the “Return”) on a quarterly
basis throughout the Project until 31st March 2006 to report on the Outputs and Milestones. The
Return will be issued at least 2 weeks before each ‘quarter day’ and should be duly certified by
Provider’s Chief Financial Officer (or equivalent) and the completed Return sent to SEEDA within
10 working days of each Quarter Day.
2
Provider will maintain and retain all records necessary for SEEDA to verify that the Outputs and
Milestones on the Return have been achieved, and SEEDA and all other Government or other
public bodies to whom SEEDA are responsible, including the NAO and the DTI will have full
access to Provider’s premises and records of Outputs and Milestones at all times.
3
Provider will supply all information described in Schedule 5 (Evidence of Outputs) relating to
Outputs and Milestones, when submitting Returns.
4
Provider will produce an end of year report, complete with financial appraisal and evaluation of the
project and the resulting training provision measured against the benchmarks, milestones and
targets. This report should be certified by Provider’s Chief Financial Officer (or equivalent) and
shall include details of:-
i.
The aims and objectives of the Project;
ii.
The organisation of the Project and methodology used;
iii.
The result of the Project: whether the Project’s objectives have been achieved; quantitative data on
outputs delivered; with reference to the original stated aims, objectives and outputs as detailed in
schedule 1;
iv.
Implementation of marketing plans;
v.
Products/processes and lessons worthy of wider dissemination;
vi.
Linkages developed/being developed with other local/regional partnerships and employers;
vii.
‘revision of the vision’ – outcomes from evaluation strategy;
viii.
Plans to build on the project and its outcomes/sustainability;
ix.
Evaluation of the impact on the skills base.
As part of the annual report the Provider should also produce an executive summary containing outlines of:-
i.
aims and objectives;
ii.
methodology;
iii.
resources used;
iv.
outputs and outcomes, recommendations for further local action; and
v.
lessons learned that are worthy of wider dissemination.
End of Schedule 2
SEEDA Learning & Skills Contract 2005-06
24
SCHEDULE 3
Outputs and Milestones
Project RDA Gross
No. to deliver
Forecast Outputs
Year 1 (Specify)
Year 2
Future
Total
1Q
2Q
3Q
4Q
(Specify)
Years
What are the anticipated
1a. Job Creation – No. of jobs created or safeguarded, including seasonal and part part-time
RDA direct mandatory
employment
outputs?
1b. Job Creation – No. of jobs created in social enterprises
1c. Job Creation – No. of jobs created in community organisations
(Please fill in actual
numbers)
2a. Employment Support – No. of people (incl. target groups) assisted to secure sustainable
productive jobs
For definitions:-
2b. Employment Support – No. of people assisted to gain better quality employment
Please see Schedule 5
3a. Business Creation – No. of new social enterprise start-ups demonstrating growth after
12 months
3b. Business Creation – No. of new, sustainable, community organisations
3e. Business Creation – No. of new businesses created as a result of partnership activity
with HEI’s
3f. Business Creation – no. of new SET-based and other knowledge-driven business start-
ups
3g. Business Creation – No. of female and ethnic minority owned or managed business
created
3h. Business Creation – Other businesses created lasting 12 months
4a. Business Support – No. of businesses within the region engaged in new collaborations
with the UK knowledge base
4b. Business Support – No. of businesses engaging with regional, national and European
innovation support initiatives
4c. Business Support – No. of businesses helped into a business network
4g. Business Support – No. of businesses assisted with management/leadership skills
4i. Business support – No. of businesses using reformed business services
4l. Business Support – No. of businesses whose R&D has been leveraged by RDA
engagement
4n. Business support – No. of businesses assisted to make better use of ICT including on
line trading
500
6. Skills – No. of people assisted with their skills development as a result of RDA
programmes
6a. Skills – No. of adults gaining basic skills as part of the skills for life strategy
6b. No. of adults in the workforce who lack an NVQ2 who are supported in achieving at
least a full level 2 qualification
6c. Skills – Undertake workbased training
6d. Skills – Gain a qualification at NVQ3
6e. gain a foundation degree or higher level qualification
SEEDA Learning & Skills Contract 2005-06
25
6f. Skills – Complete a vocational training course that better equips economically inactive
people obtain sustainable, productive employment
6g. Skills – Complete an apprenticeship programme
6j. Skills – no. of people assisted
in another way with their skills development as a result of
RDA programmes
Other Forecast Outputs
• List any other
measurable which will
help monitor the
project delivery
Gross - Net
Leakage:
• State any known
Displacement:
additionality effects
Deadweight:
See guidance notes
End of Schedule 3
SEEDA Learning & Skills Contract 2005-06
26
SCHEDULE 4
Payment
Eligible Expenditure
1
Payment up to a maximum of £60,000 will be provided to the Provider by SEEDA as
reimbursement of actual costs on the capital equipment and project activities listed
below provided that:
1.1 The expenditure falls within the heading and limits in the table of payments
below [1.1.1]
1.1.1 Table of payments:-
SUBHEADING
SEEDA Funding
£
Equipment
£
Staff Costs
£
Training for Staff
£
Training for Beneficiaries
£
Consultancy and Expert Advice
£
Other Revenue Costs
£60,000
TOTAL
£60,000
1.2 The expenditure is incurred, and claims are made, in accordance with this
Contract and in particular as set out in the Monthly Profile of Claims [1.2.1]
1.2.1 Monthly/Quarterly Profile of Claims Against the Project
Month/Quarter
Capital
Revenue
Total
April (Financial Year?)
£
£
£
May
£
£
£
June
£
£
£
July
£
£
£
August
£
£
£
September
£
£
£
October
£
£
£
November
£
£
£
December
£
£
£
January
£
£20,000
£20,000
February
£
£20,000
£20,000
SEEDA Learning & Skills Contract 2005-06
27
March (31st)
£
£20,000
£20,000
TOTAL TO BE
£
£60, 000
£60, 000
CLAIMED
2 Financial Term and Conditions
2.1
All amounts shown shall be inclusive of unrecoverable VAT where applicable.
2.2
SEEDA is under no obligation, under the terms of this Contract, to make any other
payment than those given above.
2.3
If at any time the Provider has reasonable cause to believe that the pattern of future
expenditure will vary from the monthly profile [1.2.1], the Contractor shall
immediately provide SEEDA with a revised profile and full explanation in writing of
such variance. SEEDA shall not be under any obligation to accept such a variation.
2.4
The Provider shall retain documentary evidence of expenditure to support the
amounts claimed from SEEDA. This shall include suppliers’ invoices and all other
documents relating to the purchase of all capital equipment and all work undertaken
against agreed milestones, funded by SEEDA. This must include timesheets for any
staff employed to work on the project where applicable.
2.5
The Provider shall maintain full and accurate accounts for the Project. Such accounts
shall be retained for at least 6 years after the end of the financial year in which the last
payment was made under this Contract. Input and output VAT shall be included as
separate items in such accounts [please refer to Clause 8.9 regarding non reclaimable
VAT].
2.6
The Provider shall permit duly authorised staff or agents of SEEDA, Department of
Trade and Industry, the National Audit Office or European Auditors to examine the
accounts at any reasonable time and shall furnish oral or written explanations of the
accounts if required. SEEDA reserves the right to have such staff or agents carry out
examinations into the economy, efficiency and effectiveness with which the
Contractor has used SEEDA’s resources in the performance of this contract.
2.7
Claims shall be prepared by the Provider in arrears as per Monthly/Quarterly Profile
[1.2.1], using the SEEDA claim form and shall be detailed against the list of eligible
expenditure and include a progress report detailing outputs and outcomes. The
Provider or his or her nominated representative or accountant shall certify on the
claim form that the amount claimed is in accordance with this Contract and represents
goods received and work undertaken and that the claim does not include any costs
being claimed from any other body or individual or from SEEDA within the terms of
another contract.
2.8
Claims shall be sent, within 10 working days of the end of the relevant month, unless
an alternative date is requested in advance by a SEEDA representative. All claims
shall be sent to David Keenan, SEEDA Headquarters, Cross Lanes, Guildford,
Surrey, GU1 1YA. SEEDA aims to pay all duly completed claims in accordance with
the Contract or within 30 days of receipt. SEEDA shall not be responsible for any
delay in payment caused by incomplete or illegible invoices.
2.9
SEEDA shall make payments by means of Bank Automated Clearing System.
2.10
The Provider shall have regard to the need for economy in all expenditure. Where
any expenditure in an invoice, in SEEDA’s reasonable opinion, is excessive having
due regard to the purpose for which it was incurred, SEEDA shall only be liable to
SEEDA Learning & Skills Contract 2005-06
28
reimburse so much (if any) of the expenditure as, in SEEDA’s reasonable opinion
after consultation with the Provider, would reasonably have been required for that
purpose.
2.11
If this contract is terminated by SEEDA due to the Provider’s insolvency or default at
any time before completion of the Project, SEEDA shall only be liable to reimburse
eligible payments made by, or due to, the Provider before the date of termination.
2.12
The Provider shall promptly draw-up a final claim, which shall cover all eligible
outstanding expenditure incurred for the Project. The final claim shall be submitted
not later than 31st May 2006 . Failure to do so could result in non-payment of the final
claim.
2.13
SEEDA shall not be obliged to pay the final claim until the Provider is able to certify
that all elements of the project specified are carried out.
2.14
It shall be the responsibility of the Provider to ensure that the final claim covers all
outstanding expenditure for which reimbursement may be claimed. Provided that all
previous claims have been duly paid, on due payment of the final claim by SEEDA
all amounts due to be reimbursed under this Contract shall be deemed to have been
paid and SEEDA shall have no further liability to make reimbursement of any kind.
2.15
The Provider shall arrange for an independent accountant who is eligible for
appointment as a company auditor under section 25 of the Companies Act 1989
(other than an accountant whose only appropriate qualification is that (s)he retains an
authorisation by the Board of Trade or by the Secretary of State for Trade and
Industry under section 13(1) of the Companies Act 1967) to carry out a full audit of
all expenditure under this contract and to provide SEEDA with written statement of
Grant Expenditure. This documentation shall be provided no later than first week of
the December following the end of the SEEDA Financial Year in which the Grant has
been claimed.
End of Schedule 4
SEEDA Learning & Skills Contract 2005-06
29
SCHEDULE 5
Evidence of Outputs
1. Job creation – Number of jobs created or safeguarded
Terms
Definitions
Job created
It must be a new, permanent, paid, full time equivalent (FTE) and is not covered under
the exclusions.
New = should not have existed in the region or with that employer in the UK
before the intervention
Permanent = should have a life expectancy of at least 1 year
FTE = paid work of 30 hours or more per week. Convert part time jobs to FTE either:
•
on a pro rata basis based on hours worked; or
•
2 part time jobs = 1 FTE, where no other information available (i.e. EC approach)
Counted as a
When a new, permanent, FTE or equivalent, paid post is filled.
job created
Seasonal jobs may be counted where they are integral to the project for example in the
tourism sector, provided there is a contract of employment that will last for a minimum
of 4 weeks per annum. Calculated on a pro rata basis e.g. a 3 month job = 0.25FTE or
2 part-time jobs = 1FTE, if no data is available.
Foreign Direct Investment (FDI) and Selective Finance for Investment in England
(SFIE) jobs can be counted in gross jobs when they have been delivered.
Job
To qualify there must be a permanent, paid, full time equivalent (FTE) job which is at
safeguarded
risk.
Risk forecast to be lost within 1 year normally i.e. the jobs at risk must be specified, or
if sector is in long-term decline a longer period might be appropriate (where RDA is
proposing to undertake pre-emptive action).
FDI and RSA count as for new jobs.
Counted as job
When it is:
safeguarded
forecast as at risk when the project was approved; and
•
is still in existence at the time of counting; and
is no longer at risk of being lost within a year.
Exclusions
Inputs to the project such as:
jobs to set up or deliver the project e.g. management/administrative staff,
consultancies, or temporary contractors
Construction jobs integral to the delivery of a project (e.g. in remediating a site or
construction of premises), even if they last for more than a year.
Seasonal jobs which are incidental to the project
Transferred jobs as a result of a company moving either within the region or from other
English regions or UK devolved administrations are not new jobs. These may be
included as safeguarded jobs but only where the relocation is part of a rationalisation
programme which will safeguard jobs by moving them and otherwise meet the criteria
above.
Occupancy of the post - the job must not be counted again if it is filled over time by
different people.
Notes
The unit of measurement is the
job and
not its occupant.
Within a project this output may be associated with other complementary outputs e.g.
Core Output 3
Business creation providing there is a direct relationship between the
project activity and the outputs forecast and claimed.
Construction jobs created in the region as part of a cluster development project may be
counted provided they are not part of the project inputs excluded above.
SEEDA Learning & Skills Contract 2005-06
30
SEEDA Learning & Skills Contract 2005-06
31
RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT
DEFINITIONS
1a) Job creation – Number of jobs created or safeguarded, including seasonal and part-time
employment
Indicator
Definitions
Sources
terms
Job
Is as defined for the core output- (1) Job creation.
Created jobs
Is as defined for the core output- (1) Job creation.
Safeguarded
Is as defined for the core output- (1) Job creation.
jobs
A job is
Is as defined for the core output- (1) Job creation.
Adapted
created and
from Tier 3
counted
output
A job is
Is as defined for the core output- (1) Job creation.
safeguarded
and counted
Part time
Can be converted to FTE jobs on a pro rata basis or by using
employment
the EC approach – two part time jobs equal a full time job,
where no other information available.
Seasonal
Where an operation relies heavily on seasonal jobs (e.g. the
employment
tourism sector) they can be counted on a pro-rata basis – a 3
month job = 0.25 FTE.
Exclusions
Are the following:
• Jobs created in social enterprises and community
organisations
• Seasonal jobs where they are incidental to the operation
• Construction jobs when they are required for the
implementation or delivery of a project (e.g. in construction
of premises)- even if they last more than a year
• Temporary jobs to set up the project e.g. employees,
consultancies or temporary contractors as these are inputs
• Jobs arising from businesses moving from other areas in the
region or other UK regions or devolved administrations
except where the relocation can be demonstrated as
genuinely safeguarding the jobs concerned – i.e. the jobs
would have been lost within one year at the original location
• Refilling of jobs with different people – the indicator relates
to jobs and they should only be counted once
Notes:
This definition is the same as the core output only adapted to exclude jobs in businesses that
are social enterprises or community organisations.
SEEDA Learning & Skills Contract 2005-06
32
RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT
DEFINITIONS
1b) Job creation – Number of jobs created in social enterprises
Indicator
Definitions
Sources
terms
Job
Is as defined for the core output- (1) Job creation.
Adapted
Created jobs
Is as defined for the core output- (1) Job creation.
from Tier 3
output
A job is
Is as defined for the core output- (1) Job creation.
created and
counted
Social
Are all “businesses” (as defined in the core output- (3)
Adapted
enterprise
Business Creation) starting up with primarily social objectives
from DTI
whose surpluses are principally reinvested in the business,
Social
rather than being driven by the need to maximise profit for
Enterprise
shareholders and owners.
a Strategy
for
This includes not for profit enterprises.
success
Exclusions
Are the following:
•
All employment not part of social enterprises
Notes:
This definition is the same as the core output only in this instance specifically focusing on
social enterprises and not for profit organisations. Community organisations are excluded but
defined and captured under indicator 1c) Number of jobs created in community organisations.
Some community enterprises may also be social enterprises (e.g. a community cooperative).
A judgement is required as to which is the best indicator.
SEEDA Learning & Skills Contract 2005-06
33
2. Employment Support – Number of people assisted to get a job
Terms
Definitions
People
Are those of working age resident in the region who are unemployed or
economically inactive or in employment at risk
Working Age - 16-59 for women and 16-64 for men
Unemployed: people who are out of work, want a job, have actively
sought work in the last 4 weeks, and are ready to start in the next
fortnight or out of work and have accepted a job that they are waiting to
start in the next fortnight.
Economically inactive: those who are either not looking for, or not
available for, work e.g. looking after the family and home, students and
those who are long-term sick or disabled.
Employment at risk: those in paid employment but at risk of losing their
job i.e. have received a statutory redundancy notification
Assistance
The assistance must be directed to assisting people towards getting a
job and so will involve some form of interaction with individuals. These
may be face-to-face or telephone consultations or other activity,
conferences or workshops, interactive/web-based dialogue.
Forms of assistance may include the following:
provision of information, advice and guidance (IAG) e.g. careers advice,
CV writing, interview training
removing barriers to getting back into the labour market e.g. return to
work training , using crèche facilities
advise on how to start own businesses
Counted
When an individual who meets the criteria above has received the
assistance.
Exclusions
electronic or hard copy mail-shots
assistance which is covered under skills development (see Core Output
6)
Notes
The output unit of measurement is
people assisted towards getting a
job
not the job. Whether or not they get a job is the outcome measure,
which will be assessed during the project evaluation.
RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT DEFINITIONS
2a) Employment support – Number of people in target groups assisted to secure a job
Indicator
Definitions
Sources
terms
People
Is as defined for Indicator 2 (Employment support) plus those in
“target group” eg disadvantaged communities, those on
ESF & ILO
incapacity benefits and Job Centre Plus benefits.
Target groups As specified in the Regional Economic Strategy, these could
include: disadvantaged communities; those on Job Centre Plus
benefits (both inactive and Job Seekers Allowance); long term
unemployed; people on incapacity benefit; and through
mechanisms such as ILMs and childcare
Assistance
Is as defined for the core output- (2) Employment support.
ESF Active Labour
Market Policies
Job
Is as defined for the core output- (2) Employment support
Exclusions
Are the following:
SEEDA Learning & Skills Contract 2005-06
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RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT DEFINITIONS
2a) Employment support – Number of people in target groups assisted to secure a job
• Assistance that does not involve personal, face-to-face
advice and mentoring and is directed primarily at skills
development
• Jobs that are not sustainable productive
Notes:
This definition is the same as the core output only in this instance specifically focusing on those in
defined target groups.
RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT DEFINITIONS
2b) Employment support – Number of people assisted to gain better quality employment
Indicator
Definitions
Sources
terms
People
Is as defined for the core output- (2) Employment support.
ESF & ILO
Assistance
Is as defined for the core output- (2) Employment support.
ESF Active Labour
Market Policies
Employment
As “Job” is defined for the core output- (2) Employment
support.
Better quality
Those jobs involving increased pay and/or higher skills
Exclusions
Are the following:
• Assistance that does not involve personal, face-to-face
advice and mentoring and is directed primarily at skills
development
• All jobs of lower quality.
Notes:
This definition is the same as the core output only in this instance specifically focusing on better quality
employment.
SEEDA Learning & Skills Contract 2005-06
35
3. Business creation - Number of new businesses created and demonstrating growth after 12
months and businesses attracted to the region
Terms
Definitions
Businesses
The 3 main types of business are sole proprietorships, partnerships and
companies and these include:
•
sole traders
•
start-ups of all sizes, whether or not VAT registered;
•
independent spin-outs from established businesses, universities and other
research and development organisations;
•
not for profit companies, social enterprises1 and community enterprises
•
farm enterprises
•
new to the region branches of businesses which remain established elsewhere
in the UK (expansions)
•
foreign direct investment bringing new enterprises to the region, both first time
investment and subsequent expansions
New Businesses
When a new business starts trading in the region and is sustained for at least 12
Created
months as a direct result of the project.
Starts trading is the date when the business registers for VAT or registers for
National Insurance (Class 2) contributions
Business
Last 2 bullets under businesses above.
Attracted
Counted
When the business is still in operation12 months after starting trading in the region.
For businesses attracted to the region when the business opens its premises in the
region.
Demonstrating
Will be reported based on the increase in employment between 12 and 24 months
growth
from start of trading.
Exclusions
Businesses relocating within the region or from another English region or UK
devolved administration
Double counting of businesses at different phases of their growth
Notes
The output unit of measurement is the
business either created in the region
and/or attracted to the region.
RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT DEFINITIONS
3a) Business creation – Number of new social enterprise start ups demonstrating growth after 12
months
Indicator
Definitions
Sources
terms
Social
Are all “businesses” (as defined in the core output- (3)
Adapted from DTI
enterprise
Business Creation) starting up with primarily social objectives
Social Enterprise a
start ups
whose surpluses are principally reinvested in the business,
Strategy for
rather than being driven by the need to maximise profit for
success
shareholders and owners.
This includes not for profit enterprises.
Demonstrating Is as defined for the core output- (3) Business creation
growth after
12 months
Exclusions
Are the following:
• All businesses that are not social enterprise start ups
1 Businesses with primarily social objectives whose surpluses are principally reinvested for that purpose in the
business or in the community, rather than being driven by the need to maximise profit for shareholders and owners
SEEDA Learning & Skills Contract 2005-06
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RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT DEFINITIONS
3a) Business creation – Number of new social enterprise start ups demonstrating growth after 12
months
• All social enterprises that are not “businesses” as defined by
the core output (Business Creation)
• Community and voluntary organisations
Notes:
This definition is the same as the core output only in this instance specifically focusing on social
enterprises and not for profit organisations. Community organisations are excluded but defined and
captured under indicator 3b) Number of new, sustainable, community organisations. Some community
enterprises may also be social enterprises (e.g. a community cooperative). A judgement is required as
to which is the best indicator.
RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT DEFINITIONS
3b) Business creation – Number of new , sustainable , community organisations
Indicator
Definitions
Sources
terms
Sustainable
Maintenance of high and stable levels of economic growth
UK Government
and employment.
Sustainable
Development
Website
Community
Are all voluntary and community sector “businesses” (as
organisations
defined in the core output- (3) Business Creation) starting up
with primarily social objectives regarding communities, rather
than being driven by the need to distribute or maximise profit
for shareholders and owners.
Exclusions
Are the following:
• All businesses that are not sustainable community
organisations
• Social enterprises as defined
• Community organisations that are not businesses
Notes:
The definitions assume the same as the core output only this time specifically focussed on sustainable
community organisations. The definition assumes that “community organisation” includes voluntary
organisations. Social enterprises are excluded but defined and captured under indicator 3a) Number
of new, social enterprise start ups demonstrating growth after 12 months. Some community
enterprises may also be social enterprises (e.g. a community cooperative). A judgement is required as
to which is the best indicator.
RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT DEFINITIONS
3e) Business creation – Number of new businesses created as a result of partnership activity with
HEIs
Indicator
Definitions
Sources
terms
New business Is as defined for the core output- (3) Business creation.
Adapted from Tier 3
Output
Partnership
The formation of collaborative partnerships with Higher
Adapted from the
activity with
Education Institutions to build networks and clusters of
Government White
HEIs
excellence to win competitive advantage. Examples of these
Paper “Building a
include:
knowledge Driven
•
University spin outs
Economy” 1998
•
New businesses accommodated with HEI incubator sites
•
New businesses taking advantage of new patent
applications generated via HEIs
SEEDA Learning & Skills Contract 2005-06
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RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT DEFINITIONS
3e) Business creation – Number of new businesses created as a result of partnership activity with
HEIs
•
New businesses taking advantage of knowledge
development generated through the HEI
Exclusions
Are the following:
• All businesses that were not created through partnership
activity with HEIs
Definitional notes:
The definitions assume the same as the core output only this time specifically focussing on those
businesses created as a result of partnership activity with HEIs
RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT DEFINITIONS
3f) Business creation – Number of new SET-based and other knowledge-driven business start-ups
and demonstrating growth after 12 months
Indicator
Definitions
Sources
terms
SET-Based
Science, Engineering and Technology based. This includes
Office of Science and
the following UNESCO's ISCED-97 fields of study:
Technology (Based
on OECD definition)
42- Life sciences: Biology, botany, bacteriology, toxicology,
microbiology, zoology, entomology, ornithology, genetics,
biochemistry, biophysics, other allied sciences, excluding
clinical and veterinary sciences.
44- Physical sciences: Astronomy and space sciences,
physics, other allied subjects, chemistry, other allied
subjects, geology, geophysics, mineralogy, physical
anthropology, physical geography and other geosciences,
meteorology and other atmospheric sciences including
climatic research, marine science, vulcanology,
palaeoecology.
46- Mathematics and statistics: Mathematics, operations
research, numerical analysis, actuarial science, statistics and
other allied fields.
48- Computing: Computer sciences, system design,
computer programming, data processing, networks,
operating systems - software development only (hardware
development should be classified with the engineering
fields).
52 Engineering and engineering trades: Engineering
drawing, mechanics, metal work, electricity, electronics,
telecommunications, energy and chemical engineering,
vehicle maintenance, surveying.
54 Manufacturing and processing: Food and drink
processing, textiles, clothes, footwear, leather, materials
(wood, paper, plastic, glass, etc.), mining and extraction.
58 Architecture and building: Architecture and town
planning, structural architecture, landscape architecture,
community planning, cartography; Building, construction,
Civil engineering.
Knowledge-
Turning into commercial success the scientific and
Adapted from the
driven
technological knowledge in the regions universities and
Government White
research organisations.
Paper “Building a
knowledge Driven
Economy” 1998
Demonstrating Is as defined for Indicator 3 (Business creation).
Adapted from Tier 3
growth after
Output
12 months
SEEDA Learning & Skills Contract 2005-06
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RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT DEFINITIONS
3f) Business creation – Number of new SET-based and other knowledge-driven business start-ups
and demonstrating growth after 12 months
Exclusions
Are the following:
• All businesses that were not SET based and other
knowledge driven business start-ups
Notes:
The definitions assume the same as the core output only this time specifically focussing on SET-based
and knowledge driven business
SEEDA Learning & Skills Contract 2005-06
39
4. Business support – Number of businesses assisted to improve their performance
Terms
Definitions
Businesses
The 3 main types of business are sole proprietorships, partnerships and companies (see
Core Output 3 for examples)
Support
A minimum of:
2 hours or more of consultancy advice/other non-financial assistance; or
grant, or equivalent, of £250 or more of funding
Assistance
Provision of consultancy support, information, advice and guidance to individual
businesses. operating within the region
The assistance can be personal face-to-face, telephone or web-based dialogue at
conferences, seminars, workshops or through networks.
Activities should support the project objectives and be directed to improving the
performance of the business. These may include support for:
management/leadership
corporate and social responsibility e.g. awareness raising on statutory and legal
responsibilities
participation in new supply chains
marketing
use of R&D
process and resource efficiency e.g. in use of ICT, waste management
environment management
quality assurance
Counted
When each business within a project has received a minimum of 2 hours or £250 of
financial assistance.
A business can only be counted once within a project irrespective of the number of times
or forms of assistance it receives.
Exclusions
Distribution of mail-shots and brochures - electronic or hard copy.
Notes
The output unit of measurement is the
business assisted. The outcome measure is to
improve their performance. In counting the output there is no need to demonstrate
performance improvement, this is an outcome measure which will be assessed during the
project evaluation.
Grant equivalent may include financial assistance such as loans or equity investment.
4(a). Business support – Number of businesses within the region engaged in new collaborations
with the knowledge base (knowledge base/business collaboration)
Terms
Definitions
Business
The 3 main types of business are sole proprietorships, partnerships and companies (see
Core Output 3 for examples)
Support
The minimum level of support is as for the Core Output 4
Business support. It may be
• provided prior to or during the collaboration; and
• directed at the business and/or the knowledge base unit involved in the collaboration.
New
A first involvement between at least one firm and one knowledge base organisation. It
collaboration
includes the first collaboration by a firm with a department within a knowledge base
organisation.
Knowledge
Includes UK Public Sector Research Establishments (PSRE) or equivalents (Annex A),
base
Research and Development Organisations (RDO - Annex C), Research and Technology
Organisations (RTOs - Annex C), Higher Education and Further Education Institutions.
Knowledge transfer is about transferring good ideas, research results and skills between
the knowledge base and business to enable innovative new products and services to be
SEEDA Learning & Skills Contract 2005-06
40
4(a). Business support – Number of businesses within the region engaged in new collaborations
with the knowledge base (knowledge base/business collaboration)
Terms
Definitions
developed and includes:
• research collaborations and free dissemination of research
• contract research on behalf of industry
• licensing of technology to business users
• the sale of services, data and software
• formation of joint ventures and spin-out companies.
Counted
It is counted when the collaboration with a business starts.
Exclusions
Businesses that receive assistance for the same collaboration more than once within an
RDA project and within the time period for which the project has a budget allocation
should not be double counted.
Notes
The output measure is the
business engaged in a collaboration.
The purpose is to encourage demand side collaboration with the knowledge base and
so it should be additional to other supply side programmes e.g. Faraday, LINK etc.
A collaboration between:
1 business firm and 3 new knowledge base organisations = 1.
3 businesses and the same knowledge base organisation = 3.
RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT DEFINITIONS
4b) Business support – Number of businesses engaging with regional, national and European
innovation support initiatives
Indicator
Definitions
Sources
terms
Innovation
Innovation support includes initiatives that encourage increased
Adapted from RDA
support
R&D, development of new products and processes, or new
optional indicators
export and penetration of new markets.
Exclusions
Are the following:
• All businesses not supported through innovation support
initiatives
Notes:
The definition assumes the same as the core output but in this instance only for those businesses who
have engaged with regional, national and European innovation support initiatives.
RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT DEFINITIONS
4g) Business support – Number of businesses assisted with management/leadership skills needs
Indicator terms
Definitions
Sources
Assisted
Is as defined for the core output- (4) Business
ERDF (GO supplementary
support.
guidance)
Management/leadership Defined as activities relating to the overall
skills needs
management of the company. This includes
business and commercial strategy, corporate
management, development projects and
corporate legal responsibilities.
The term may also include project management
and improved workforce development if judged to
constitute management and leadership activities.
Exclusions
Are the following:
SEEDA Learning & Skills Contract 2005-06
41
RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT DEFINITIONS
4g) Business support – Number of businesses assisted with management/leadership skills needs
• All businesses not assisted with management/
leadership skills needs
• Management activities that relate to technical
policies such as ICT or CSR, operational
activities (e.g. using standard internal
processes or management systems).
Notes:
The definition assumes the same as the core output but in this instance only for those businesses who
have been assisted with management/leadership skill needs.
Any resulting qualifications and skills funded or secured directly as part of these project activities (e.g.
business management degrees, workforce development qualifications) may also be counted as a Skills
output under indicator 6). However, other skills improvements that indirectly result from these activities
should not be counted as an output. These are a matter for evaluation not monitoring.
RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT DEFINITIONS
4i) Business support – Number of businesses using reformed business support services, including
brokers and intermediaries, to access support for skills and workforce development
Indicator
Definitions
Sources
terms
Reformed
Business support services that have reformed as part of
business
planned changes previously defined at a programme level.
support
In practice this could be broadening or combining the types
services
of services offered such as skills advice and workforce
development.
Support for
Advice must be in relation to the skills and/or training needs
NWDA supplementary
skills and
of the business for existing employees or new recruitment.
output guidance
workforce
development
Exclusions
Are the following:
NWDA supplementary
• Advice to voluntary organisations and charities
output guidance
• All businesses not using reformed business support
services
Notes:
The definition assumes the same as the core output but in this instance only for those businesses who
have been using reformed business support services
RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT DEFINITIONS
4l) Business support – Number of businesses whose R&D has been leveraged by RDA engagement
Indicator
Definitions
Sources
terms
Business
Development or new use of technologically innovative products
Based on DTI Small
R&D
and processes by businesses.
Business services
Leveraged
Is as “Levered Investment” definition for core output (5)
Adapted from Tier 3
Regeneration. There is no minimum level of leverage required.
output
RDA
Directly attributable to RDA activity.
engagement
Exclusions
Are the following:
• All businesses whose R&D has not been leveraged by RDA
engagement
Notes:
The definition assumes the same as the core output but in this instance only for the number of businesses
SEEDA Learning & Skills Contract 2005-06
42
RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT DEFINITIONS
4l) Business support – Number of businesses whose R&D has been leveraged by RDA engagement
whose R&D has been leveraged by RDA engagement
RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT DEFINITIONS
4n) Business support – Number of businesses assisted to make better use of ICT including on-line
trading
Indicator
Definitions
Sources
terms
Assisted
Is as defined the core output- (4) Business support.
ERDF (GO supplementary
guidance)
Better use of
Includes all activities that assist in the first time, extended or
ICT
more efficient use of ICT. Includes: upgrading of software
or hardware; developing new products or processes; and
improving/developing trading online.
Exclusions
Are the following:
• All businesses not assisted to make better use of ICT
• The number of Broadband nodes or connections created
Notes:
The definition assumes the same the core output but in this instance only for the number of businesses
assisted to make better use of ICT. This can include on-line trading. It should be noted that the activities
may be targeted at better or increased use of ICT but may not result in actual better or increased use. This
is a matter for evaluation.
SEEDA Learning & Skills Contract 2005-06
43
5. Regeneration – Public and private regeneration infrastructure investment levered (£m/% private)
Terms
Definitions
Public
Public sector organisations other than the funding RDA e.g. GO (ERDF /ESF etc), LSC,
Lottery funders, local authorities etc (see databases in Annex C)
Private
Includes businesses, charitable, not for profit organisations, HE and FE institutions and
private individuals.
Regeneration
Is the holistic process of reversing economic, social and physical decay in areas where it
has reached a stage when market forces alone will not suffice
Infrastructure
Includes fixed assets in land, property, buildings, plant machinery and equipment,
utilities, public realm works, roads, broadband infrastructure.
Investment
Gross funding provided to cover the project costs, including investment in fixed assets,
working capital and in-kind contributions, from the funding bodies
In-kind contributions: non-monetary contributions made by individuals or organisations
that add value to a project and can be given a monetary value e.g. cash equivalent of
peoples time (committees, mentoring, volunteering), equipment, materials,
accommodation etc donated to the project,. These must be auditable.
Levered
The extra public sector and private sector funds committed to a project as a result of the
RDA’s gross investment
Counted
The levered investment is counted when it is defrayed or spent by the project.
Exclusions
Any expenditure on the project by any public or private sector funder prior to the
project being approved and contracted by the RDA.
Investment made following project completion by other public sector and/or the private
sector as this is an outcome measure.
Notes
The project output unit of measurement is
£m.
Reporting on this output will be calculated by:
1. Total amount levered £m
Sum the gross investment levered in as a result of RDA investment of:
(i)
private sector funders (£m) and
(ii) (ii Other public) sector funders (£m)
Total amount levered £m = sum of (gross private sector investment (£m) + gross
other public sector investment (£m)).
2. Ratio of private funding to total levered funding % calculation:
i.
gross private sector investment (£m) / sum of (gross private sector investment (£m) +
gross public sector investment (£m)) expressed as a percentage (%)
RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT DEFINITIONS
5f) Regeneration – Broadband infrastructure
Indicator
Definitions
Sources
terms
Broadband
The provision of infrastructure where it does not already exist rather
NWDA output
infrastructure
than support for services or promotion of take up.
commentary
Exclusions
Are the following:
• All other public and private regeneration infrastructure investment
levered except where it contributed to the provision of broadband
infrastructure
Notes:
The definition monitors the amount of public and private sector investment levered by the RDA that
contributes to the provision of broadband infrastructure
SEEDA Learning & Skills Contract 2005-06
44
6. Skills – Number of people assisted in their skills development as a result of RDA programmes
Terms
Definitions
People
People can be any age resident in the region.
Assisted
Must be a minimum of 6 hours training, either contiguous or as a number of sessions for
the same individual. Activities may include:
general (management, IT) or vocational/job specific (marketing, engineering) training;
out of school clubs
provision of equipment & materials to support direct skills development
Skills
The development of an individual’s transferable skills. There does not need to be a
development
formal qualification,
Counted
It is counted when an individual has received a minimum of 6 hours of skills training.
Where the assistance involves capital investment e.g. provision of equipment or facilities
it can only be counted if the contract schedules include a target for the number of people
whose skills will be developed as a direct result of the investment.
Exclusions
• Assistance covered under Core Output 2
Employment Support.
• Services that are the legal, statutory responsibility of other organisations e.g. provision
of statutory education to 16.
Notes
The output measure is
people.
The output supports life-long learning and so includes people of all ages or
employment status i.e. economically active, unemployed or economically inactive.
The output supports life-long learning and so includes people of all ages or employment
status i.e. in employment, unemployed or economically inactive.
6(a) Skills - Number of adults gaining basic skills as part of the Skills for Life Strategy that count
towards the Skills PSA Target
Terms
Definitions
Adults
For this output an adult is anyone aged 16 and over resident in the region.
Gaining
Individual must achieve one of the following qualifications:
basic skills
Literacy, Numeracy or ESOL at Entry Level 3 and above
Key Skills in Application of Number or Communication at Levels 1 or 2
GCSE in Maths or English at Grade G and above
Skills for Life
Funded activities must be consistent with this national strategy for improving adult
literacy and numeracy skills e.g. on target groups.
Counted
It is counted when the adult has achieved one of the above qualifications.
Exclusions
People who gain basic skills through projects not consistent with the Skills for Life
strategy. Any person who already possesses Skills for Life qualifications.
Notes
Further information on the Skills for Life Strategy and qualifications can be found
through website links in Annex C.
SEEDA Learning & Skills Contract 2005-06
45
6(b) Skills – Number of adults in the workforce who lack a full Level 2 or equivalent qualification
who are supported in achieving at least a full Level 2 qualification or equivalent
Terms
Definitions
Adults
For this output adults are men aged 18-64 and women aged 18-59 who are resident in
the region
Workforce
Those who are economically active i.e. in employment or unemployed.
Level 2 or
National Vocational Qualification (NVQ) Level 2 or equivalent qualification. Examples of
equivalent
the main Level 2 qualifications include:
qualification
NVQ Level 2
5 or more O level, GCSE grade A-C or equivalent
BTEC first or general diploma
GNVQ intermediate
RSA diploma
One A level or equivalent
Counted
It is counted when an individual adult (as defined above), who lacked a Level 2
qualification achieves a qualification at:
• Level 2 or equivalent or
• a higher qualification e.g. Level 3 or 4.
Exclusions
Any person who already possesses a Level 2 or equivalent qualification.
Notes
The output unit of measurement is
adults in the workforce (definition is consistent with
DfES PSA target) moving from below to a Level 2 or better qualification.
For information and advise on other qualifications that may be counted as Level 2
equivalents consult your Local Learning and Skills Council. Also further information on
qualifications can be found through website links in Annex C
RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT DEFINITIONS
6c) Skills – Undertake workbased training
Indicator
Definitions
Sources
terms
Undertake
Is as “Assisted as a result of RDA programme” defined for the
Adapted from Tier 3
core output (6) Skills only in this instance it refers to attendance
output and DfES
on any workbased training for at least 6 hours.
guidance
Workbased
Learning which takes place in the workplace or outside the
OFSTED report
training
workplace but is related to a specific job or is paid/provided by
‘Extending Work-
an employer.
related Learning at
Key Stage 4’
Exclusions
Are the following:
• All vocational training or general education courses
• Workbased apprenticeships
• Those included under other qualification specific or
apprenticeship indicators
Notes:
This definition is the same as the core output only in this instance specifically focusing on workbased
learning for the economically active
SEEDA Learning & Skills Contract 2005-06
46
RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT DEFINITIONS
6d) Skills – Gain a qualification at NVQ3
Indicator
Definitions
Sources
terms
NVQ3
All those with level 2 who gain an NVQ level 3 qualification (or
NWDA Output
another other level 3 qualification such as A-levels) with RDA
commentary
support or those who are economically inactive and achieve
level 3 regardless of their current qualifications.
Exclusions
Are the following:
• All training and general education courses that do not
result in an NVQ level 3 qualification
• Those who are economically active and without a Level 2
qualification but who achieve a Level 3 qualification should
be counted against the core component
Notes:
This definition is the same as the core output only in this instance specifically focusing on the number of
adults gaining an NVA level 3 qualification or equivalent.
RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT DEFINITIONS
6e) Skills – Gain a foundation degree or other higher level qualification
Indicator
Definitions
Sources
terms
Foundation
All those with level 2 and/or 3 who gain a level 4 or higher
NWDA Output
degree or
qualification with RDA support or those who are economically
commentary
other higher
inactive and achieve level 4 or higher regardless of their
level
current qualifications.
qualification
Exclusions
Are the following:
• All training and general education courses that do not
result in a foundation degree of other higher level
qualification
• Those who are economically active who are not qualified
up to Level 2 standard but who achieve a Level 4
qualification should be counted against the core
component
Notes:
This definition is the same as the core output only in this instance specifically focusing on the number of
adults gaining a foundation degree or other higher level qualification
RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT DEFINITIONS
6f) Skills – Complete a vocational training course or qualification that better equips economically
inactive people to obtain sustainable, productive employment locally or elsewhere
Indicator
Definitions
Sources
terms
Vocational
Courses containing knowledge and in some cases skills
OFSTED report
training
relevant to particular sectors of industry or occupations. They
‘Extending Work-
course
can be: General, introducing learners to a broad sector of
related Learning at
industry and business, encouraging understanding of the
Key Stage 4’
sector, key concepts and theories; or Specific, introducing the
theories, conventions, practices and discrete skills needed for a
particular occupation or job within a sector.
Economically
The economically inactive are adults aged between 18-59
ILO
inactive
(females) and 18-64 (males) that do not have a job and are not
unemployed under the ILO definition of unemployment, as
follows:
SEEDA Learning & Skills Contract 2005-06
47
RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT DEFINITIONS
6f) Skills – Complete a vocational training course or qualification that better equips economically
inactive people to obtain sustainable, productive employment locally or elsewhere
•
Out of work, want a job, have actively sought work in the
last four weeks, and are ready to start in the next two
weeks; or
•
Out of work and have found a job, which is due to start in
the next two weeks
Exclusions
Are the following:
• All vocational training and general education courses that do
not better equips economically inactive people to obtain
sustainable, productive employment locally or elsewhere
• All training undertaken by the economically active
• All training that is not related to securing employment
Notes:
This definition is the same as Indicator 6 only in this instance specifically focusing on the number of
adults who complete a vocational training course or qualification that better equips economically inactive
people to obtain sustainable, productive employment locally or elsewhere. It should be noted that:
a) The output is counted on completion of the training course or on obtaining a qualification and
not
once employment has been obtained
RDA TASKING FRAMEWORK: NON MANDATORY COMPONENT OUTPUT DEFINITIONS
6g) Skills – Complete an apprenticeship programme
Indicator
Definitions
Sources
terms
Complete
Some form of written confirmation or certification required from
awarding body.
Apprenticeship Programme offering all of the following: a job; wage;
LSC Corporate Plan
programme
recognised qualifications (recognised qualifications could
to 2006
include: A levels; NVQs; GNVQs; RSA diplomas; City and
Guilds; BTEC; or GCSEs); and progression in a current job or
onto HE. They combine working and learning about a job.
Exclusions
Are the following:
• All those that do not complete the programme
• All training and general education courses that are not an
apprenticeship programme
Notes:
This definition is the same as the core output only in this instance specifically focusing on the number of
adults completing an apprenticeship programme
SEEDA Learning & Skills Contract 2005-06
48
Annex A List of Public Sector Research Establishments
PSREs are a diverse collection of public bodies carrying out research in pursuit of
Government objectives and include:
i Cultural Institutions e.g. art galleries, museums, and arts and heritage organisations,
ii NHS Regions e.g. Trusts and ‘Innovation Hubs’
iii other Departmental Research Bodies iv Research Councils (HQs and Research
Council Institutes)
The Biotechnology and Biological Sciences Research Council
Babraham Institute
Institute for Animal Health
Institute of Arable Crops Research
Institute of Food Research
Institute of Grassland and Environmental Research
John Innes Centre
Roslin Institute
Silsoe Research Institute
The Council for the Central Laboratory of the Research Councils
Rutherford Appleton Laboratory (& Chilbolton)
Daresbury Laboratory
The Economic and Social Research Council
Nil
The Engineering and Physical Sciences Research Council
Nil
The Medical Research Council
Clinical Sciences Centre
Laboratory of Molecular Biology
National Institute for Medical Research
MRC Units (34)
The Natural Environment Research Council
British Antarctic Survey
British Geological Survey
Centre for Ecology and Hydrology
Southampton Oceanography Centre (joint U So’ton)
Plymouth Marine Laboratory
Proudman Oceanographic Laboratory
Dunstaffnage Marine Laboratory
NERC Units and Centres in Universities (7+)
The Particle Physics and Astronomy Research Council
UK Astronomy Technology Centre
Isaac Newton Group of Telescopes
The Joint Astronomy Centre, Hawaii
National Health Service
Department of Culture, Media and Sport
The Natural History Museum
Ancient Monuments Laboratory (English Heritage)
Department for Environment, Food and Rural Affairs
Central Science Laboratory
Centre for Environment, Fisheries and Aquaculture Science
Pesticides Safety Directorate
Royal Botanic Gardens, Kew
Veterinary Laboratories Agency
Veterinary Medicines Directorate
Forestry Commission
Forest Research
Office of the Deputy Prime Minister
Ordnance Survey
Department for Health
SEEDA Learning & Skills Contract 2005-06
49
Health Protection Agency (formed from CAMR and PHLS)
Medicines Control Agency
National Institute for Biological Standards and Control
National Radiological Protection Board
Department for Trade and Industry
National Physical Laboratory
National Weights and Measures Laboratory
United Kingdom Atomic Energy Authority
Home Office
Emergency Planning Division
Fire Research and Development Group
Forensic Science Service
Police Information Technology Organisation
Police Scientific Development Branch
Research Development and Statistics Directorate
Health & Safety Executive
Health and Safety Laboratory
Ministry of Defence
Atomic Weapons Establishment
Defence Analytical Services Agency (DASA)
Defence Clothing & Textiles Agency (new)
Defence Science and Technology Laboratory (Dstl)
Meteorological Office
United Kingdom Hydrographic Office
Scottish Executive
Fisheries Research Services
Hannah Research Institute
Macaulay Land Use Research Institute
Moredun Research Institute
Rowett Research Institute
Scottish Agricultural Science Agency
Scottish Crop Research Institute
Royal Botanic Gardens Edinburgh
SEEDA Learning & Skills Contract 2005-06
50
Annex B Glossary
The list below gives the full description of acronyms used in the text.
AIRTO
Applied Industrial Research Trading Organisations
APG
Appraisal Practitioners’ Group
ASG
Appraisal Steering Group
BTEC
Business Training and Education Council
DEFRA
Department for Environment Food and Rural Areas
DfES
Department for Education and Skills
DTI
Department of Trade and Industry
DWP
Department for Work and Pensions
EC
European Commission
ERDF
European Regional Development Fund
ESF
European Social Fund
ESOL
English for Speakers of Other Languages
EU
European Union
FDI
Foreign Direct Investment
FTE
Full Time Equivalent
GCSE
General Certificate of Secondary Education
GNVQ
General National Vocational Qualification
GO
Government Offices of the Regions
ID
Index of Deprivation
ILO
International Labour Organisation
IMD
Index of Multiple Deprivation
ICT
Information and Communication Technologies
IIP
Investors in People
IT
Information Technology
LDA
London Development Agency
LSC
Learning and Skills Council
NAO
National Audit Office
NI
National Insurance
NLUD
National Land Use Database
NVQ
National Vocational Qualification
ONS
Office of National Statistics
ODPM
Office of the Deputy Prime Minister
OST
Office of Science and Technology
PDL
Previously Developed Land
PPG3
Planning Policy Guidance 3 (Housing)
PSA
Public Service Agreement
R&D
Research and Development
RDA
Regional Development Agency
RSA)
Royal Society of Arts(as in Diploma
RTO
Research and Technology Organisation
SBS
Small Business Service
SRB
Single Regeneration Budget
SFIE
Selective Finance for Investment
SOA
Super Output Areas
SPAG
Single Programme Appraisal Guidance
UK
United Kingdom
VAT
Value Added Tax
WDA
Welsh Development Agency
SEEDA Learning & Skills Contract 2005-06
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3Rs
Assessing the Impacts of Spatial Interventions-Regeneration Renewal and
Regional Development (The '3Rs' guidance)
End of Schedule 5
SEEDA Learning & Skills Contract 2005-06
52
SCHEDULE 6
Special Conditions
1. The Provider’s project accounts shall separately identify the different sources and
amounts of funding and associated outputs.
2. Procurement
The South East England Development Agency (SEEDA) is a Non-Departmental Public Body
(NDPB) and has a duty to follow the public sector principles of openness, fairness,
transparency and competition when procuring goods, services and works. To ensure these
principles are adhered to and best value for money is achieved, the following guidelines
should be followed by organisations receiving a grant from SEEDA.
2.1 A minimum of 3 written quotes must be obtained for purchases over £10,000 and these
must be retained on file for possible future audit. Contract files should be made available
to SEEDA on request.
2.2 Local suppliers/labour should be sourced where possible.
2.3 Preference should be given to suppliers who can demonstrate environmental management
systems and/or the use of renewable/sustainable resources.
2.4 Health and Safety practices/certification of the supplier should be considered (ie; risk
assessment, safe systems of work etc.)
2.5 Financial stability of suppliers must be assessed fully prior to awarding the contract.
2.6 All purchase should be on the basis of some form a written contract in (e.g. an official
purchase order).
Continuous improvement in value for money should be sought throughout the life of a
contract through effective monitoring and control.
3. Monitoring and Evaluation
3.1. Evaluation Strategy - The Provider shall produce an evaluation strategy to cover the
process for monitoring and evaluation of the progress of the project, and for assessment of
the impact that the SEEDA Fund has made on the skills base
3.2. The Provider shall agree to take part as required in any regional evaluation process
instigated by SEEDA, or by any agent acting on behalf of SEEDA.
4.
Marketing Strategy
4.1 The Provider shall produce a communication strategy to include a detailed marketing and
publicity plan aimed at increasing business use of the facilities provided by the Project.
The plan must be completed and submitted to SEEDA.
5.
Dissemination
5.1 The Provider shall produce a dissemination plan for sharing best practice from the Project
across the region.
SEEDA Learning & Skills Contract 2005-06
53
5.2 The Provider shall agree to participate as required in any regional or local dissemination
event organised by SEEDA.
End of Schedule 6
SEEDA Learning & Skills Contract 2005-06
54
SEEDA Learning & Skills Contract 2005-06
55
Annex 1
Flying Start Rallies - Planning Schedule
Item
Week commencing
December
December
December
January
February
March
5
12
19
26
2
9
16
23
Jan30
6
13
20
27
6
13
Book and confirm Venues
SEEDA - event one (Newbury Racecourse, Berkshire)
25 Feb
SEEDA - event two
8 March
Decide on programme format
Produce brochure draft
Produce brochure final
Distribute brochure and materials
Produce database of Universities
Send letter to all Presidents of Student Unions enclosing details of Flying Start
Programme and the e-Contact System together with marketing feedback and
soundbites from previous rallies
Send letter to all Chancellors/Vice-chancellors and Heads of Department enclosing
details of Flying Start Programme and the e-Contact System
Invite participation from Business Support organisations enclosing details of Flying
Start Programme and the e-Contact System
Invite Keynote Speakers
Send letters of invitation to Professional Business community and National Contacts
database
Finalise rally programmes and send to print
SEEDA Learning & Skills Contract 2005-06
56
Produce Rally Packs for all rallies to include relevant timetable for the day
Start of On-line registration
SEEDA Learning & Skills Contract 2005-06
57
Annex 2
SUPPORTING INFORMATION FOR NCGE/WUTE PROJECT
The information below is provided to show the structure of how the Flying Start
Rallies are organised and developed in cooperation with RDA’s, HEI’s and national
support agencies. Additional information about our activities to date is also
presented. In addition an indicative list of supporters is also presented.
This information includes the following:
1. Flying Start Rally Guidelines for Higher Education Institutions and Students
2. Flying Start Champions
3. Flying Start Entrepreneurship Champions
4. Flying Start National Entrepreneurship Champion and Flying Start National
Entrepreneurship Ambassadors and National Contacts
5. Public Relations Diary Notice Dates
6. Events Schedule
Attached is a spreadsheet containing information about the SEEDA events, and a
planning schedule.
33.1
1. Flying Start Rally Guidelines for Higher Education Institutions and Students
A. Who should participate in the event?
•
Recent (within 5 years of graduation) or near-graduates (including post
graduates) who may seriously wish to consider entrepreneurship as a
possible life choice, and students who want to start their own business or
start a new venture. They should be at some stage in their thinking about
setting up in business/self employment.
•
For young, new graduates with little or no direct experience other than
enthusiasm and motivation, a passion will be an important characteristic.
Many may not have any ideas about what they want to do but feel that
entrepreneurship could be the route for them. Some may already have their
own ideas of what they could do and indeed may have already made that
first step into an entrepreneurial life.
•
More mature students/alumni may have good experience working in business
or corporate or public sector life but again have little direct experience of
starting their own business. Such individuals may have ideas but may require
a catalyst event to encourage them to take the next step.
•
Some students, may lack in self-efficacy and need to be in a supportive and
energised environment to enable them to seriously consider entrepreneurship
as an alternative career option.
SEEDA Learning & Skills Contract 2005-06
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B. How to find potential participants
•
In finding appropriate students for this event, it is likely that institutions will
adopt a self-selection process. However it is important that all registered
students in each institution have the opportunity to participate irrespective of
their choice course, their faculty or department, their academic performance,
their age. Indeed, for some students, institutions may need to take a pro-
active approach in ensuring that students lacking in self-efficacy take this up.
•
It is likely that the clear route to students will be through existing courses and
modules, through HEIF funded and other related activity and through
innovation, enterprise and incubation centres. However, student driven
activities are further routes through NUS and students clubs and societies
related to enterprise and entrepreneurship, which are growing throughout the
UK.
C. How to select event participants
•
It is expected that within each institution there will be a level of demand
greater than that which can be accommodated at the Rally. Each participating
institution will normally be allocated a quota for the number of students,
usually around 30 students (depends on number of institutions in the region
with the aiming being to attract in the region of 300 students per institution);
there will be flexibility at the margins.
•
This event aims to inspire and encourage participating students to commit to
making progress with their ambitions to create their own new business. Some
may do this through further participation in the NCGE Flying Start
Programme. Others may do this through post-event continued support at the
regional and/or institutional level.
•
It is therefore important to select those students who are best able to
maximise this opportunity. Champions may wish to do this through a
competitive process where students need to articulate why they believe they
should participate and how this would benefit them. Students could be
selected through a peer group process.
•
Clearly care will need to be taken to ensure a fully inclusive process for all
students with additional support offered for disabled and dyslexic students.
•
Whatever method is applied it is important that the selected students are a
mix of individuals at various stages in their thinking, their education, their
aspiration. However, they should all be seriously committed to full
participation in the whole event and in grasping any opportunity to further
their entrepreneurial hopes when presented. Additionally, each student
should be willing to take a longer-term perspective beyond a one-day
challenge and be prepared to continue to develop themselves and their ideas
further upon return to their institution by collaborating with and supporting
their peer group.
•
The Champion should have full confidence in the final selection of students.
D. Engaging in the day
SEEDA Learning & Skills Contract 2005-06
59
•
Each regional event will run from 10.00am to 4.00pm with lunch/refreshments
provided. There is no charge to the institution or the students for participation.
However, we would ask that each institution makes appropriate arrangements for
ensuring that the students arrive at the venue on time and are transported back
to some agreed central drop-off point.
•
An outline structure for the day is attached and aims to lead the students
through the stages of Inspiring, Creating New Options; Building Self-Confidence
and Support; and Committing to Next Steps. Participants will be exposed to
recent and successful graduate role models; will develop strong peer support
groups; will identify ideas and opportunities; will have options for a range of
small group consultations on specific themes; will receive information on
accessing support; and will make decisions about their next steps before
departure. It will be a busy, participative day carefully facilitated to keep energy
levels up.
E. What happens next?
•
All participants will be encouraged to make a pledge for the next step. NCGE
will support the Entrepreneurship Champions in follow-up events. NCGE may
provide an NCGE Entrepreneurs Club Bursary for groups of students to
support their further activities.
•
The NCGE will develop an online contact system whereby every participant
will have a personal online entrepreneurship system providing full supporting
information, contact system to other participants and Entrepreneurship
Champions and their Pledge.
•
NCGE will work with the region’s Graduate Entrepreneurship Champions on
the selection of graduates for the NCGE Flying Start Programme.
2. Flying Start Champions
Flying Start Champions (liaison role) – an individual(s) from each HEI who act as
central contact points for the Flying Start Rally and who will work with groups of HEI
students at the Rally with respect to general business planning, institutional support
for entrepreneurship and ‘next steps.’
Role:
1. To act as the central contact liaison between the HEI and NCGE for Flying
Start.
2. To liaise with NCGE regarding student registration and attendance for the
Flying Start Rally.
3. To liaise with Rally participants through the Flying Start EContact system
before the Rally and to, after the Rally, ‘sign post’ students to regional
support and advice.
SEEDA Learning & Skills Contract 2005-06
60
4. To work with students on the day at the Rally during the ‘Call to Action’ part
of the programme, where FS Champions will be asked to provide students
from their HEI with help and information about;
a. Completing the ‘pledge.’
b. Discuss and agree supporting actions
c. Networking Opportunities/e-Contact System
d. University and Business Link support structures
5. To liaise with NCGE, through the Flying Start EContact system, and assist
with recruitment of Rally participants to the Flying Start Programme.
6. To provide NCGE with information about institutional events, regional
activities/support in order that NCGE can make this information available to
wider post-graduation audience (e.g. students who graduated up to 5 years
ago; graduates from an institution in one region but who are now living in
another; graduates who since leaving university have decided to pursue self-
employment).
3. Flying Start Entrepreneur Mentors
Flying Start Entrepreneur Mentors – graduate entrepreneurs from the region
recommended by HEI’ s who will attend the Rally and participate in question time
events(if applicable), networking lunch or group activity, panel discussions(if
applicable) and ‘pitch it’ sessions (if applicable). All mentors will be asked to sign a
declaration stating that it is not their intention to solicit business from students at the
Rally.
Role:
1. To participate actively on the day of the Rally; sharing experiences, offering
advice and support, listening to students pitches.
2. To also participate in ‘Question Time’ sessions (where applicable) where
students ask specific questions relating to the business start-up process and
the self-employed lifestyle.
3. To facilitate networking with students in whatever way students initiate and
which are appropriate.
4. To understand in a general sense the regional and institutional support
available to students and to know where to direct students for further
information. NCGE/HEI’s will check that individuals are familiar with this
information and where appropriate provide this information to Flying Start
Entrepreneur Mentors before the event.
5. Flying Start Entrepreneur Mentors will be encouraged to register onto the
FSContact System for the Rally community to provide follow-up advice and
support to all Rally participants. This will be entirely optional.
SEEDA Learning & Skills Contract 2005-06
61
4. National Contacts - NCGE
Organisation
Contact
Position
National
Entrepreneurship
Champion
Cobra Beer
Redacted
Chief Executive
Entrepreneurship
Ambassadors
Extreme Group
Redacted
Chief Executive
Face Group
Redacted
Chief Executive
Entrepreneurship
Champions
University of Sunderland
Redacted
University of Hull
Redacted
Liverpool John Moores University
Redacted
National
Organisation
Contacts
Patent Office
Redacted
Shell LiveWire
Redacted
Redacted
Princes Trust
Department for Trade & Industry
Barclays Bank
Redacted
UKTI
Redacted
Prowess
Redacted
NFTE UK
Redacted
NESTA
Redacted
Programme
Social Enterprise Coalition
Redacted
Manager
5. Public Relations Diary Notices - Activity plan for FS/SEEDA Rallies
Activity overview
- Localised activity
o Diary notice
o Liaise with RDA / institutions PRs and careers officers
o Invite key journalists to attend
o Follow up (profile attendees)
SEEDA Learning & Skills Contract 2005-06
62
- National outreach - maximise positive contacts from FS July event /
piggyback Enterprise Week
o Diary notice
o Reference FS in other media activity (issuing of research, policy
papers, comment for Enterprise Week etc)
o Invite key journalists to attend rallies (London for nationals)
o Follow up (profile attendees / commentary from recent
successful candidates)
Timeline
Italics = activity not directly related to FS but that will include ref to it
Week commencing…
Activity
November 2005
Preparation of media lists for each FS area
including: local / regional newspapers,
regional business magazines, local TV / radio,
student, university and alumni publications
Contact PR for Universities, BCC, RDA,
Enterprise Week in appropriate regions
December 2005
Finalise media lists
Register relevant rallies on Enterprise Week
website calendar
Contact PR for Universities, BCC, RDA regions
December 2005
Pursue forward features on Enterprise for
March (e.g. Director magazine)
January 2006
Draft diary notice – national and tailored for
each region; source quotes (and approval)
from local parties involved. Use self-
employment / GEM stats from policy papers
Continued liaison with other PRs
January 2006
Finalise diary notice – send out (mailing for
regional media). Push to secure coverage in
monthly publications for February/March
Continued liaison with other PRs
January 2006
Invite key journalists to attend rallies
January 2006
Note to national news editors / business
reporters etc – ref rallies
Top Tips for entrepreneurs out to regional /
careers media – reference dates for
forthcoming rallies
SEEDA Learning & Skills Contract 2005-06
63
January 2005
Continued liaison with other PRs
Follow up journalists. Flag up rallies to
broadcast as good opportunity for filming
February 2006
Follow up journalists to secure pre-event
coverage / attendance
February 2006
Continued liaison with other PRs
Follow up journalists to secure pre-event
coverage / attendance
Event one – end of February
Event two – early March
6. Events Schedule
Flying Start Rallies 2004-2005
The following Rallies have been held so far this year:
•
Wed 2nd March
SEEDA
Madesjki Football Stadium, Reading
•
Sat 12th March
SEEDA
Brighton Racecourse
•
Wed 9th March
SIE
SECC
(Scottish
Exhibition
Conf
Centre)
•
Wed 16th March
ONE
Newcastle Assembly Rooms
•
Wed 27th April
NWDA
City of Manchester Stadium
•
Tue 3rd May
AWM
National Motorcycle Museum, B’ham
•
Wed 4th May
WDA
Millennium Stadium, Cardiff
•
Wed 4th May
EEDA
Newmarket Racecourse
A spin off from ONE rally was launch2005 for 20 graduate design businesses which, for want
of a firm order, would be in business. The successful event was held at Castle Keep in
Newcastle and ONE and NCGE co-sponsored the event, which was student led and every
graduate company in attendance was ready and able to trade.
Future Rally Dates - Confirmed
•
Wed 16th November
YF
Elland Road Stadium, Leeds
•
Thursday 17th Nov.
LDA
New Connaught Rooms, Covent
Garden
•
Tues 29th November
EMDA
Derby Cricket Club
•
Wed 8th February
SWDA
Hayes International Motor Museum
Flying Start eContact System
The eContact system has currently 400 graduates from previous rallies, plus this year will
have an additional 300 from Yorkshire, 500 from London, 300 from Derby, and 200 from
SouthWest, plus an additional 1200 from the Rallies after Christmas and approximately 300
from Wales – for a total of 3200 students on the online system from Rallies by the end of July
2006. 8 expert mentors have been recruited to build an additional layer of support.
SEEDA Learning & Skills Contract 2005-06
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Networking feature is now operational allowing students from all Flying Start events to be
fully integrated in a national graduate entrepreneurship community.
Detailed funding information is being compiled for all UK regions and will be online November
1st. Regional spotlight section is operational providing detailed information about support and
advice in regions, and linking HEI activity to the online community ensuring that we have
seamless connection between HEI’s, Business Links and NCGE.
Flying Start Programme July 2005 Cambridge
The FS Programme was a very successful event achieving a 98% satisfaction rating from
students. The event involved some 45 additional supporting advisors, mentors and
presenters. In addition 6 regional mentors were registered to the eContact system to support
FSP graduates. In total 80 students attended the FS Programme: 9 from North East region;
11 from SEEDA; 16 from Wales; 16 from North West region; 10 from West Midlands; 10 from
East of England; 8 from Arts Council
Individual case studies, which will be developed into an electronic ‘investor prospectus’ and
also into an online ‘Press Room’ database, are being collated on all Flying Start Programme
graduates.
20 FSP graduates are now fully trading having started businesses. 12 FSP graduate will be
pitching at the Business Start-up Show in the Lion’s Den on 25, 26 November – for equity
investment funding.
One follow-up event has been held in Manchester where 7 students attended and two
mentors. 3 more regional follow-up events were held in 28th October in London, 31st October
in Reading. Other events will be held on 22nd November in Birmingham and 30th November
University of Essex, EEDA.
Future Flying Start Programme
Future planning for the FSP in July 2006 is under way, a date will be confirmed soon – there
will be one FS Programme at Easter and another will be held in July 2006.
Additional Flying Start Programme for the Creative Industries is being planned in conjunction
with RSA and New Designers for this coming year. A rally will also be held in conjunction with
the New Designers event.
SEEDA Learning & Skills Contract 2005-06
65
Annex 3
Activity plan for FS/SEEDA Rallies
Activity overview
- Localised activity
o Diary notice
o Liaise with RDA / institutions PRs and careers officers
o Invite key journalists to attend
o Follow up (profile attendees)
- National outreach - maximise positive contacts from FS July event /
piggyback Enterprise Week
o Diary notice
o Reference FS in other media activity (issuing of research, policy
papers, comment for Enterprise Week etc)
o Invite key journalists to attend rallies (London for nationals)
o Follow up (profile attendees / commentary from recent
successful candidates)
Timeline
Italics = activity not directly related to FS but that will include ref to it
Week commencing…
Activity
November 2005
Preparation of media lists for each FS area
including: local / regional newspapers,
regional business magazines, local TV /
radio, student, university and alumni
publications
Contact PR for Universities, BCC, RDA,
Enterprise Week in appropriate regions
December 2005
Finalise media lists
Register relevant rallies on Enterprise Week
website calendar
Contact PR for Universities, BCC, RDA
regions
December 2005
Pursue forward features on Enterprise for
March (e.g. Director magazine)
January 2006
Draft diary notice – national and tailored for
each region; source quotes (and approval)
from local parties involved. Use self-
employment / GEM stats from policy papers
SEEDA Learning & Skills Contract 2005-06
66
Continued liaison with other PRs
January 2006
Finalise diary notice – send out (mailing for
regional media). Push to secure coverage in
monthly publications for February/March
Continued liaison with other PRs
January 2006
Invite key journalists to attend rallies
January 2006
Note to national news editors / business
reporters etc – ref rallies
Top Tips for entrepreneurs out to regional /
careers media – reference dates for
forthcoming rallies
January 2005
Continued liaison with other PRs
Follow up journalists. Flag up rallies to
broadcast as good opportunity for filming
February 2006
Follow up journalists to secure pre-event
coverage / attendance
February 2006
Continued liaison with other PRs
Follow up journalists to secure pre-event
coverage / attendance
Event one – end of February
Event two – early March
SEEDA Learning & Skills Contract 2005-06
67
Annex 4
Flying Start Rallies in association with
Wake up to Enterprise
PROPOSED BUDGET FOR BOTH
EVENTS
BUDGET 2006
All figures inclusive of VAT
Venues X 2
£ 40,000.00
Equipment
£ 2,000.00
Materials ( Packs and Business/ Start
Up CDs)
£ 1,000.00
Transport for students
£ 2,000.00
Marketing Posters/ leaflets
£ 2,700.00
Website
£ -
PR/ Adverts
£ -
Hotel accommodation
organisers/SEEDA/Speakers
£ 500.00
Travel Organisers/ Speakers
£ 1,000.00
Management Fees / Event organiser
£ 10,000.00
Photography
£ 400.00
Prize's I Pods
£ 400.00
Speakers Fees
£ -
Simon Pratton
Russell Smith
James Bannerman
Penny Cooper
3 others speakers
Postage/ Telephones/ Other
£ -
Total both events
£ 60,000.00
SEEDA Learning & Skills Contract 2005-06
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