Content

Salford City Council - Record of Decision (Cabinet)
 
I
Councillor Tracy Kelly,
Statutory Deputy City Mayor, in exercise of the powers contained within
the City Council Constitution do
hereby approve:
 
1.   
Acceptance of the Arts Council England Place
Partnership Fund Grant and associated terms and
conditions.
2.   
To delegate authority to the Salford Culture and
Place Partnership Director of Culture, under the direction of the
Salford City Council Executive Director of Place, to commence
project planning and delivery and spend the grant in accordance
with the agreed project and grant terms and conditions.
3.   
To delegate authority to the Salford Culture and Place Partnership Director of Culture, under
the direction of the Salford City Council Executive Director of
Place and in consultation with Salford City Council relevant legal,
financial and procurement officers, to negotiate
partnership, operational and commissioning agreements with project
partners.
 
The
Reasons are:

The funding will enable commencement and delivery of
new projects and services which will further the aims of Suprema
Lex, the city culture strategy and Salford City Council’s
‘Great 8’, particularly ‘creating vibrant places
and spaces’.

The funding and resources will benefit artists,
creative organisations and residents of Salford through the
addition of new creative and cultural events, creative health and
wellbeing programmes, resident and creative industry support
programmes, skills development and educational projects for young
people and schools.
 
Options considered and rejected were:

To not accept the grant and decline the additional
resources. This would significantly reduce the ability of the City
Council to  deliver the culture strategy
and would sacrifice many of the benefits for artists, organisations
and residents of Salford.
 
Assessment of Risk:

Risks to the council of accepting this project are
low. The Lowry will deliver the project on behalf of Salford City
Council, working with partners through the Salford Culture and
Place Partnership. The Lowry is a very established and trusted
organisation with significant experience and track record in the
successful management, delivery and reporting of Arts Council
England funding. 
The
source of funding is:
Arts
Council England National Lottery Project Grants.
 
Legal
Advice obtained:

Tony Hatton, Solicitor, Shared Legal Services
04/07/2023
 
The
Council are required to comply with the requirements of the terms
and conditions of the external grant award from the Arts Council
England National Lottery funding as failure to adhered may result
in clawback of the funding for failure to comply, particularly with
the specified terms such as monitoring grant spend, reporting
activity, delivering the outcomes set out, and any other
requirements like milestones, grant purposes, completion dates,
compliance with PCR etc. and in particular ensuring that the fund
is only used for eligible expenditure.

Any procurement activity undertaken to deliver the
projects within scope of the  grant
funding should be undertaken in line with and the Council’s
own Contractual Standing Orders and the Public Contracts to avoid
any risk of challenge from providers, and where appropriate in
accordance with the Subsidy control Act.
 
Financial Advice obtained:

Grace Rogerson – Senior Accountant
05/07/2023
As
Salford City Council have applied for the grant on behalf of
Salford Culture and Place Partnership, the grant will pass through
SCC and onto The Lowry. The responsibility of reporting remains
with SCC but it is expected that The Lowry will undertake this on
behalf of SCC.
The
grant terms and conditions must be adhered to by the Lowry in order
to mitigate the risk of potential repayment of the grant to The
Arts Council, with that risk being on SCC as the grant recipient.
‘If you fail to meet any of these
terms and conditions or breach the Grant Agreement in any way, we
may, in our absolute discretion: require you to pay back all or
part of the grant (regardless of how much you may have already
spent); and/or stop any future payments; and/ or terminate the
Grant Agreement immediately; and/or take any of these actions in
connection with any other grant that you may have with
us’.
Value
for money needs to be considered by the Lowry when undertaking the
project as mentioned in the grant terms and conditions.
The
project costs should be within the grant awarded unless The Lowry
are prepared to fund any additional spend as
‘We are not obliged to provide, and
nor should you assume that we will, any further funding for the
Project after this grant agreement comes to an
end.’
The
grant must wholly be spent on agreed expenditure within the project
and any underspend must be held for repayment as mentioned in the
grant terms and conditions ‘You must use the grant
exclusively for the Project. You must hold any unused part of the
grant on trust for us at all times. If you spend less than the
whole grant on the Project, you must return the unspent amount to
us promptly’.
 
Procurement Advice obtained:N/A
 
HR
Advice obtained: N/A
 
Climate Change Advice obtained:
The
project has been developed in accordance with Salford City
Council’s Climate Action Plan, specialist resources and
guidance from Julie’s Bicycle (a
pioneering not-for-profit, mobilising the arts and culture to act
on the climate and ecological crisis) and the Theatre Green
Book. A project environmental impact
framework will be developed using an industry standard
approaches.
The
following documents have been used to assist the decision
process:
 
Arts
Council England, National Lottery Project Grants, Offer
Letter
Arts
Council England, National Lottery Project Grants, Standard Terms
and Conditions
 
Contact Officer:  Darren Grice                              
Telephone number:07966 532505
 
The
appropriate scrutiny to call-in the decision is the Growth and
Prosperity Scrutiny Panel

 

Signed:     Dated: 11th
July 2023
Councillor Tracy Kelly, Statutory Deputy City Mayor
 

For Democratic
Services use only

 

This decision was
published on 13 July
2023                                           

This decision will
come in force at 4.00 p.m. on 20 July 2023            
                              
unless it is called-in in
accordance with the Decision Making Process Rules.