APPENDIX 3 Offer Letter - Transport Scotland - 20mph Implementation - Argyll and Bute Council - October 2024-25_
Argyll and Bute Council · 19 December 2024
Back to Environment, Development and Infrastructure Committee — 19 December 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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1 DG Net Zero / Transport Scotland Roads Directorate / Road Safety Policy E: Michelle.Little@transport.gov.scot October 2024 Argyll and Bute Council Ref: 20mph Speed Limit Implementation Offer of Grant for the implementation of 20 mph Speed limits. The Scottish Ministers in exercise of their powers under Section 40 of the Road Traffic Act 1988 hereby offer to fund Argyll and Bute Council (“the Grantee”) a grant of up to £78,000 Sterling, payable over the financial year 2024-25 in connection with the implementation of 20mph speed limits which is more particularly described in Part 1 of SCHEDULE 1 (“the Project/Programme”) and subject to the following terms and conditions: 1. Definitions and Interpretation 1.1 In these Conditions, the words and expressions set out in schedule 4 shall have the meanings ascribed to them in that Schedule. 1.2 In these Conditions unless the context otherwise requires, words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders. 1.3 The headings in these Conditions are for convenience only and shall not be read as forming part of the Conditions or taken into account in their interpretation. 1.4 Except as otherwise provided in these Conditions, any reference to a clause, paragraph, sub- paragraph or schedule shall be a reference to a clause, paragraph, subparagraph or schedule of these Conditions. The schedules are intended to be contractual in nature. They form part of the Agreement and should be construed accordingly. 1.5 This Agreement shall not be varied except by an instrument in writing signed by both parties. 2. Purposes of the Grant 2.1 The Grant is made to enable the Grantee to carry out the 20mph speed limit Project/Programme. 2.2 The Grant shall only be used for the purposes of the 20mph speed limit Project/Programme and for no other purpose whatsoever.
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2 2.3 No part of the Grant shall be used to fund any activity or material which is party political in intention, use, or presentation or appears to be designed to affect support for a political party. 2.4 The main objectives/expected outcomes of the Grant are: Project Officer for the assessment and implementation of 20mph speed limits for the Argyll and Bute Council local road network. Proposal is for the officer to be in post for 12 months with clause for extensions for an additional 6 months. The officer will deliver the following outcomes: • Review the proposed speed limit plans across the network. This will include a review of and initial costings of signs, road markings and physical traffic management measures considered necessary to achieve the desired reduction in mean speeds (in accordance with the national criteria). This will identify any additional streets which should be included in the project but will also identify any other amendments (for example, 30 or 40 mph buffer zones). • Procure pre-implementation traffic and speed surveys. This will include a 10% sample of the identified streets (10% is the sample rate recommended by Transport Scotland). The same sites will be used for post-implementation surveys. • Produce schedules for the Temporary Traffic Regulation Orders (TTROs) to implement the 20mph trial period. These temporary 20mph limits will be promoted under s14 of the Road Traffic Regulation Act 1984. • Engagement: a. Liaise with Community Councils and Elected Members. b. Report the proposals to committee and, where appropriate, amend based on local information. • Amend the GIS mapping (completed through the previous desktop exercise) to reflect the agreed 20mph trial. • Assist the Traffic team in implementing the TTROs within 6 months of project commencing. This will include procurement of signs etc. • Analysis during the trial period, including feedback from communities, Members, business, and other relevant stakeholders. Where sufficient reductions in speed are not achieved, assessment of whether additional traffic management may be needed to highlight where speed limits should revert back to 30mph. 2.5 The targets/milestones against which progress in achieving objectives/expected outcomes shall be monitored are: At the end of the 12 month trial period, produce the revised schedules for the permanent Traffic Regulation Order(s). Options for each road will be: A. temporary 20mph speed limit is made permanent with existing signing and lining only b. temporary 20mph limit will require additional speed management features in order to become permanent as existing mean average speeds are too high c. temporary 20mph limit reverts back to a 30mph limit as road is not appropriate for a permanent 20mph limit. 2.6 The eligible costs for which the Grant can be claimed are:
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3 • costs incurred for the delivery of the grant purpose • assets purchased for the sole purpose of delivery of the grant purpose 2.7 The eligible costs exclude: • any Value Added Tax (VAT) reclaimable by the Grantee • any employment costs arising from the Grantee’s legal obligations to its employees, for example parental leave, sick leave, redundancy. 3. Payment of Grant 3.1 The Grant shall be paid by the Scottish Ministers to the Grantee in accordance with the terms of SCHEDULE 1 attached. 3.2 The Grantee shall within 4 weeks following the end of 2024-25 fiscal year in respect of which the Grant has been paid and/or of receiving the final instalment of the Grant submit to the Scottish Ministers a statement of compliance with the Conditions of the Grant using the form of words provided in SCHEDULE 3. The statement shall be signed by the Grantee. 3.3 In the event that the amount of the Grant paid by the Scottish Ministers to the Grantee at any point in time is found to exceed the amount of the expenses reasonably and properly incurred by the Grantee in connection with the Project/Programme, the Grantee shall repay to the Scottish Ministers the amount of such excess within 14 days of receiving a written demand for it from or on behalf of the Scottish Ministers. In the event that the Grantee fails to pay such amount within the 14-day period, the Scottish Ministers shall be entitled to interest on the sum at the rate of 2 per cent per annum above the Bank of England base lending rate prevailing at the time of the written demand from the date of the written demand until payment in full of both the sum and the interest. 3.4 The Scottish Ministers shall not be bound to pay to the Grantee, and the Grantee shall have no claim against the Scottish Ministers in respect of, any instalment of the Grant which has not been claimed by the Grantee by 31 March of the applicable financial year as set out in SCHEDULE 1, unless otherwise agreed in writing by the Scottish Ministers. 3.5 There shall be no employment relationship between the Scottish Government and any grant-funded staff. 4. Inspection and Information 4.1 The Grantee shall keep the Scottish Ministers fully informed of the progress of the Project/Programme in the form of quarterly reports along with any grant claim form . Details shall include actual expenditure to date compared with profiled expenditure and any change to estimated expenditure for the financial year and/or the Project as a whole, the reasons for any such changes and progress in achieving objectives/outcomes. 4.2 Revisions to targets/milestones against which progress in achieving objectives/outcomes are monitored shall be subject to the written agreement of the Scottish Ministers.
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4 4.3 The Grantee shall, on completion of the Project, submit a report to the Scottish Ministers summarising the outcomes and performance of the Project. Such a report shall include such statistical and other information relating to the impact of the Project as shall be required by the Scottish Ministers. 4.4 The Grantee shall also provide any other information that the Scottish Ministers may reasonably require to satisfy themselves that the Project/Programme is consistent with the Agreement. The Grantee shall provide the Scottish Ministers with prompt access to any information they reasonably require to ensure compliance with these Conditions. 4.5 The Grantee shall keep and maintain for a period of 6 year after the expenditure occurs, adequate and proper records and books of account recording all receipts and expenditure of monies paid to it by the Scottish Ministers by way of the Grant. The Grantee shall afford the Scottish Ministers, their representatives, the Auditor General for Scotland, their representatives and such other persons as the Scottish Ministers may reasonably specify from time to time, such access to those records and books of account as may be required by them at any reasonable time in response to a written request for such access from the person seeking it. The Grantee shall provide such reasonable assistance and explanation as the person carrying out the inspection may from time to time require. 4.6 In the event of the Grantee becoming aware of or suspecting any irregular or fraudulent activity that may have any impact on the Project/Programme or on the use of the Grant, or any part of it, the Grantee shall immediately notify the Scottish Ministers of such activity and provide such other information as the Scottish Ministers may reasonably require in relation to the impact on the Project and the use of the Grant. 4.7 The grantee shall immediately inform the Scottish Ministers of any change in its constitution for example, but not limited to, a change in status from one type of body corporate to another. 5. Fair Work First conditionality 5.1 The Grantee shall pay at least the real Living Wage to all staff aged 16 and over (including apprentices) who are directly employed by the Grantee and work in Scotland. Furthermore, the Grantee shall ensure that any UK-based workers aged 16 and over (including apprentices) who are directly engaged in delivering the grant-funded activity are also paid at least the real Living Wage, including, where applicable, sub- contractors and agency staff. 5.2 The Grantee shall demonstrate that all workers employed within their organisation have access to effective workers’ voice channel(s), including agency workers. 5.3 The Grantee shall provide any and all information reasonably required by the Scottish Ministers to satisfy themselves that the Fair Work First obligations herein, namely, to pay at least the real Living Wage and providing access to effective workers’ voice channels, are being complied with. Guidance is available to support the Grantee in meeting and evidencing these conditions. 6. Confidentiality and Data Protection
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5 6.1 The Grantee will respect the confidentiality of any commercially sensitive information that they have access to as a result of the Project/Programme. 6.2 Notwithstanding the above, the Grantee may disclose any information as required by law or judicial order. All information submitted to the Scottish Ministers may need to be disclosed and/or published by the Scottish Ministers. Without prejudice to the foregoing generality, the Scottish Ministers may disclose information in compliance with the Freedom of Information (Scotland) Act 2002, any other law, or, as a consequence of judicial order, or order by any court or tribunal with the authority to order disclosure. Further, the Scottish Ministers may also disclose all information submitted to them to the Scottish or United Kingdom Parliament or any other department, office or agency of His Majesty’s Government in Scotland, in right of the Scottish Administration or the United Kingdom, and their servants or agents. When disclosing such information to either the Scottish Parliament or the United Kingdom Parliament it is recognised and agreed by both parties that the Scottish Ministers shall if they see fit disclose such information but are unable to impose any restriction upon the information that it provides to Members of the Scottish Parliament, or Members of the United Kingdom Parliament; such disclosure shall not be treated as a breach of this agreement. 6.3 The Grantee shall ensure that all requirements of the Data Protection Laws are fulfilled in relation to the Project/Programme. 6.4 To comply with section 31(3) of the Public Services Reform (Scotland) Act 2010, the Scottish Ministers publish an annual statement of all payments over £25,000. In addition, in line with openness and transparency, the Scottish Government publishes a monthly report of all payments over £25,000. The Grantee should note that where a payment is made in excess of £25,000 there will be disclosure (in the form of the name of the payee, the date of the payment, the subject matter and the amount of grant) in both the monthly report and the annual Public Services Reform (Scotland) Act 2010 statement. 7. Disposal of Assets 7.1 The Grantee shall not, without prior written consent of the Scottish Ministers, dispose of any asset funded, in part or in whole, with Grant funds within 6 years. During that period the Scottish Ministers shall be entitled to the proceeds of the disposal – or the relevant proportion of the proceeds based on the percentage of grant funding used in connection with the acquisition or improvement of the asset against the whole proceeds. The Scottish Ministers shall also be entitled to the relevant proportion of any proceeds resulting from any provision included as a condition of sale. 8. Publicity The Grantee shall where reasonably practicable acknowledge in all publicity material relating to the Project/Programme the contribution of the Scottish Ministers to its costs. The Scottish Ministers may require to approve the form of such acknowledgement prior to its first publication. 9. Intellectual Property Rights 9.1 All Intellectual Property Rights are hereby assigned to and shall vest in the Crown or its assignees.
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6 9.2 The Grantee shall ensure that nothing contained in any materials produced or submitted to the Scottish Ministers by the Grantee or anyone acting on its behalf nor the reproduction of such materials, shall constitute an infringement of any third-party copyright or intellectual property right and shall indemnify the Scottish Ministers against all actions, proceedings, claims and demands made by reason of any such infringement. 10. Default and Recovery etc. of Grant 10.1 The Scottish Ministers may re-assess, vary, make a deduction from, withhold, or require immediate repayment of the Grant or any part of it in the event that: 10.1.1 the Grantee commits a Default; 10.1.2 the Scottish Ministers consider that any change or departure from the purposes for which the Grant was awarded warrants an alteration in the amount of the Grant; 10.1.3 the Grantee fails to carry out the Project/Programme; 10.1.4 in the Scottish Ministers’ opinion, the progress on the Project/Programme is not satisfactory; 10.1.5 in the Scottish Ministers’ opinion, the future of the Project/Programme is in jeopardy; or 10.1.6 in the Scottish Ministers’ opinion, the Grant is likely to bring the reputation of the Scottish Ministers into disrepute. 10.2 If the Grant (or any part or condition thereof) does not comply with applicable Subsidy Control obligations, Scottish Ministers may require immediate repayment of the Grant or any part of it together with interest at such rate and on such basis as may be determined from time to time in accordance with law. 10.3 The Scottish Ministers may withhold the payment of the Grant if at any time within the duration of the Agreement: 10.3.1 The Grantee passes a resolution that it be wound up, or a court makes an order that the Grantee be wound up, in either case otherwise than for the purposes of reconstruction or amalgamation, or circumstances arise which would enable a court to make such an order or the Grantee is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986. 10.3.2 Where the Grantee is an individual, if a petition is presented for the Grantee’s bankruptcy or the sequestration of their estate or a criminal bankruptcy order is made against the Grantee; or the Grantee makes any composition or arrangement with or for the benefit of creditors, or makes any conveyance or assignation for the benefit of creditors, or if an administrator or trustee is appointed to manage their affairs; or 10.3.3 A receiver, manager, administrator, or administrative receiver is appointed to the Grantee, or over all or any part of the Grantee’s property, or circumstances arise which
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7 would entitle a court or a creditor to appoint such a receiver, manager, administrator or administrative receiver. 10.4 In the event that the Grantee becomes bound to pay any sum to the Scottish Ministers in terms of clause 10.1, the Grantee shall pay the Scottish Ministers the appropriate sum within 14 days of a written demand for it being given by or on behalf of the Scottish Ministers to the Grantee. In the event that the Grantee fails to pay the sum within the 14-day period, the Scottish Ministers shall be entitled to interest on the sum at the rate of 2 per cent per annum above the Bank of England base lending rate prevailing at the time of the written demand, from the date of the written demand until payment in full of both the sum and interest. 10.5 Notwithstanding the provisions of this clause 10, in the event that the Grantee is in breach of any of the Conditions, the Scottish Ministers may, provided that the breach is capable of a remedy, postpone the exercise of their rights to recover any sum from the Grantee in terms of clause 10 for such period as they see fit, and may give written notice to the Grantee requiring it to remedy the breach within such period as may be specified in the notice. In the event of the Grantee failing to remedy the breach within the period specified, the Grantee shall be bound to pay the sum to the Scottish Ministers in accordance with the foregoing provisions. 10.6 Any failure, omission or delay by the Scottish Ministers in exercising any right or remedy to which they are entitled by virtue of clauses 10.1 to 10.3 shall not be construed as a waiver of such right or remedy. 11. Assignation The Grantee shall not be entitled to assign, sub-contract or otherwise transfer its rights or obligations under the Agreement without the prior written consent of the Scottish Ministers. 12. Termination The Agreement may be terminated by the Scottish Ministers giving not less than 3 months’ notice in writing from the date of the notice being sent. 13. Corrupt Gifts and Payments of Commission The Grantee shall ensure that its employees shall not breach the terms of the Bribery Act 2010 in relation to this or any other grant. The Grantee shall ensure that adequate controls are in place to prevent bribery. 14. Continuation of Conditions 14.1 These Conditions, except for Condition 7, shall continue to apply for a period of 5 years after the end of the financial year in which the final instalment of the Grant was paid. 14.2 Condition 7 shall continue to apply until the end of the period referred to in that Condition. 15. Compliance with the Law
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8 The Grantee shall ensure that in relation to the Project/Programme, they and anyone acting on their behalf shall comply with the relevant law, for the time being in force in Scotland. 16. Governing Law This contract is governed by the Law of Scotland and the parties hereby prorogate to the exclusive jurisdiction of the Scottish Courts. If you wish to accept the offer of this Grant on the whole terms and conditions as set out in the letter and annexed Schedules, you should sign and date the Grant Acceptance below and return the offer of Grant and Schedules to me at Michelle.Little@transport.gov.scot You should retain the second copy of the offer of Grant and Schedules for your own records. Yours sincerely Michelle Little Road Safety Framework Policy and Delivery Manager
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9 GRANT ACCEPTANCE On behalf of Argyll and Bute Council I accept the foregoing offer of Grant by the Scottish Ministers dated October 2024 on the whole terms and conditions as set out in the letter and annexed Schedules. I confirm that I hold the relevant signing authority. Signed: «Director/Company Secretary/Authorised Signatory» Print Name: Position in Organisation of Person Signing: Date: Click here to enter a date. Place of Signing: Signed: «Witness» Witness Name: Address: Date: Click here to enter a date. Place of Signing:
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www.transport.gov .scot Classification: OFFICIAL SCHEDULE 1 PART 1: THE PROJECT/PROGRAMME Insert a detailed description of the project/programme including potential dates that funding will be requested and any particular obligations and milestones. PART 2: PAYMENT OF GRANT 1. The total Grant of up to £78,000 pound sterling shall be payable by the Scottish Ministers to the Grantee in arrears on receipt of a completed claim for Grant in the form set out in SCHEDULE 2 together with the associated monitoring information set out in paragraph 4.1 of the Offer of Grant. 2. The total Grant shall be payable over the financial year/s 2024 to 2025. The Scottish Ministers shall not be bound to pay any instalment of the Grant which has not been claimed by the Grantee by 31 March 2025, unless otherwise agreed in writing by the Scottish Ministers. 3. The Grantee shall provide a monthly profile of expenditure of the Grant before the start of the financial year. Any change to the profile or to the overall costs of the Project/Programme shall be notified to the Scottish Ministers at the earliest opportunity via the claims for Grant and monitoring reports. 4. Each claim shall be for an amount equal to the actual reasonable and proper costs and expenses incurred by the Grantee in connection with the Project/Programme. 5. Each claim shall be submitted together with such explanatory or supplementary material as the Scottish Ministers may from time to time require whether before or after submission of the claim. 6. On receipt of each claim (and any required documentation and information), the Scottish Ministers shall determine the amount of expenditure which they consider the Grantee in connection with the Project/Programme having regard to that claim. The determination shall be based on the information provided by the Grantee in accordance with this Schedule. The Scottish Ministers shall use their best endeavours (but shall be under no obligation or duty) to pay the amount determined to the Grantee within 5 weeks of receiving a claim and any required documentation and information relevant to the claim. 7. In order to facilitate the accrual of expenditure of the Grant for the financial year the Grantee shall, where appropriate, advise the Scottish Ministers in writing by 15 April the amount of the Grant actually expended up to and including 31 March.
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www.transport.gov .scot Classification: OFFICIAL SCHEDULE 2 GRANT CLAIM FORM Organisation: Argyll and Bute Council Bank details: «Name and address, sort code, account number» Project: Implementation of 20mph Speed Limits Total agreed grant for: £78,000 Latest forecast of expenditure of grant for: 2024-25 - £78,000 Grant claimed to date: «Amount» Claim for Grant for the period from Click here to enter a date. to Click here to enter a date. or to Click here to enter a date.: «Amount» We hereby claim grant of «£ » in respect of the above period in accordance with the terms and conditions of the offer of Grant dated 14/10/2024 and the Schedules attached thereto. Completed by: Position: Contact Details: Date: Items of Expenditure Please list in the table below all discrete items of expenditure relevant to the above period and the type of documentary evidence that «X has been submitted» or «X will be made available on request» to substantiate each amount. A B C D Item Amount (£) Paid Invoice [Y/N] Other (please specify, e.g., certificate of payment in kind) TOTAL* * Note the total should add up to the total expenditure claimed for the period.
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www.transport.gov .scot Classification: OFFICIAL SCHEDULE 3 STATEMENT OF COMPLIANCE WITH CONDITIONS OF GRANT Implementation of 20mph Speed Limits This is to confirm that the grant claimed by Argyll and Bute Council in relation to the above Project/Programme during the financial year ended 31 March 2025 was properly due and was used for its intended purpose(s) in accordance with the terms and conditions of the Grant. This statement is supported by the records of Argyll and Bute Council. Signed: Name in block capitals: Position: Date: Click here to enter a date.
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www.transport.gov .scot Classification: OFFICIAL SCHEDULE 4 DEFINITIONS “Agreement” means the agreement constituted by the Scottish Ministers’ invitation to apply for a grant, the Grantee’s Application, these Conditions and the Grantee’s acceptance of these Conditions. “Conditions” means these grant conditions. “Data Protection Laws” means any law, statute, subordinate legislation, regulation, order, mandatory guidance or code of practice, judgment of a relevant court of law, or directives or requirements of any regulatory body which relates to the protection of individuals with regard to the processing of Personal Data to which a Party is subject including the Data Protection Act 2018 and any statutory modification or re-enactment thereof and the UK GDPR. “Default” means (in all cases by either party, its employees, agents or representatives): a) any breach of the obligations of either party under this Agreement (including, but not limited to, any breach of any undertaking or warranty given under or in terms of this Agreement) b) any failure to perform or the negligent performance of any obligation under this Agreement c) any breach of any legislation d) any negligence or negligent or fraudulent miss-statement or misappropriation of Grant, or any other default "Effective voice” means the dimension of Fair Work as defined by the Fair Work Convention in their Fair Work Framework and includes ensuring that workers are able to be listened to at both an individual and collective level, air their views and influence workplace outcomes. “Financial Year” means a period from 1 April in one year until 31 March in the next. “Grant” means the grant offered by the Scottish Ministers to the Grantee as specified in the Award Letter, as varied from time to time in accordance with these Conditions. “Grantee” means the person, organisation or body to which the Grant will be payable as specified in these Conditions. Where two or more persons, organisations or bodies are the Grantee, references to the “Grantee” are to those persons, organisations or bodies collectively and their obligations under the Agreement are undertaken jointly and severally. “Intellectual Property Rights” means all copyright, patent, trademark, design right, database right and any other right in the nature of intellectual property whether or not registered, in any materials or works in whatever form (including but not limited to any materials stored in or made available by means of an information technology system and the computer software relating thereto) which are created, produced or generated as part of the Project by or on behalf of the Grantee. “Project/Programme” means the purpose for which the Grant has been awarded as described in the Offer of Grant. “Payment” means each of the payments specified in Schedule 1 hereto. “real Living Wage” means the hourly rate known as the ‘real Living Wage’ as calculated by the Resolution Foundation and overseen by the Living Wage Commission, adjusted annually to reflect the cost of living. “Subsidy Control” means the United Kingdom’s subsidy control regime, as set out in, without limitation, the Subsidy Control Act 2022 and any other applicable law, statutory guidance, code of practice, judgment of a relevant court of law and international commitments on subsidy control arising from, amongst others, World
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www.transport.gov .scot Classification: OFFICIAL Trade Organisation Membership and international treaties and agreements to which the United Kingdom is a party, as amended or modified from time to time. “UK GDPR” means the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 and as amended by Schedule 1 to the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (SI 2019/419).