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Appendix 1 Memorandum of Understanding Between

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Appendix 1 Memorandum of Understanding Between Appendix 1 Memorandum of Understanding between Birmingham City Council (BCC) and Birmingham Museums Trust Ltd (BMT) Intention 1. This Memorandum of Understanding (MoU) articulates the shared understanding between BCC and BMT of the vision and future strategy for Birmingham museums and museum collections (“the Scheme”). 2. The MoU forms part of a suite of documents, and should be read in conjunction with the BMT articles, the contract for services and leases & collection agreement between the two parties relating to the nine sites of Aston Hall, Birmingham Museum & Art Gallery, Blakesley Hall, Museum of the Jewellery Quarter, Museums Collection Centre, Sarehole Mill, Soho House, Thinktank and Weoley Castle. 3. The MoU sets the foundations of the agreements between BCC and BMT, provides a framework for long-term ambitions, articulates the principles of the relationship and the intended outcomes of the activity. 4. The MoU is not intended to compromise the independence of either party or to create obligations of itself. Obligations between the parties are articulated in the contract collection agreement and leases. Joint Purpose 5. The purpose of the relationship between BCC and BMT is to deliver outstanding cultural and educational engagement and enjoyment for Birmingham residents and visitors through museum and heritage services utilising the city’s heritage sites and accessioned collection. 6. The long term strategic planning of museum and heritage services will be undertaken jointly and with a view to appropriate planning horizons reflecting the intention of both that the relationship will continue for the foreseeable future. 7. The arrangements between the parties will be reviewed on the basis of an initial five year business planning and contract cycle, a five year programming cycle and a twenty five year year asset and property cycle expressed in the contract, lease and collection agreements. 8. The vision for the service has been developed jointly between the parties. Vision Statement 9. BCC has transferred to BMT the assets and undertaking of its museums service while retaining ownership of the land/buildings and the collection, as set out in the Collection Agreement. 10. Birmingham’s collection of 800,000 items covers fine art, decorative art, natural science, archaeology, world cultures, Birmingham history, and science and technology. It includes the largest public collection of Pre-Raphaelite art in the world. The collection is of national and international importance, and is presented and stored in nine venues, including six Listed buildings and one Scheduled Ancient Monument. Appendix 1 11. Birmingham’s museums form part of an important relationship between the Council and the community it represents. BCC and BMT have a shared understanding of the vision and future strategy of Birmingham Museums for the next hundred years that will include: • Reflecting Birmingham to the world, and the world to Birmingham, contributing to place-making and local identity • Caring for and developing the collection, balancing the demands of public access in the present with the need to preserve the collection for future generations • Documenting and researching the collection, to support the creation of engaging and stimulating content • Embedding community engagement and participatory practice • Delivering learning, inspiration and enjoyment through varied public programming, including displays, exhibitions, workshops, courses, publications and digital media • Attracting growing and increasingly diverse audiences of residents and visitors to the city, enhancing its reputation as a cultural destination • Playing a leadership role among the city’s cultural organisations, maximising the potential of a great multi-disciplinary collection • Working with international partners • Maintaining and presenting buildings to provide first-class visitor experiences • Fostering a culture of innovation and entrepreneurship, creating a more diverse income base through fundraising and commercial development • Developing a diverse and highly trained workforce Principles for Collaboration 12. In working together, BCC and BMT will adhere to the following principles a. Working in the public interest (Nolan principles apply) b. Working for public benefit, mindful of the Trust’s charitable status c. Communicating openly and actively, and consulting as plans are developed - regular meetings will be held between the representatives of the two organisations and an annual stakeholder meeting will be scheduled d. Mutual trust e. Respect for confidentiality f. Working collaboratively using complementary strengths and mindful of distinction of roles as described below g. Declaring and managing conflicts of interest h. Ensuring the duty of care to staff i. Focusing on contributing to the objectives of the city’s prevailing Cultural Strategy j. Aligning as far as possible with national, regional and local priorities of central government’s Non-Departmental Public Bodies – Arts Council England and Heritage Lottery Fund. Appendix 1 Key Roles 13. The key roles of each party are described below (noting that formal obligations are articulated in the contract, lease and collection agreements). Responsibility BCC BMT Strategic context Provides context through cultural Responds to the Cultural Strategy, strategy and policy priorities provides specialist sector knowledge Planning Provides information to support Develops business plans which deliver the development of plans to meet contractual obligations and achieve policy priorities, responds to draft agreed outcomes within available (or plans, and enables relationships likely) resources, and assesses and with stakeholders, assesses and manages risk to BMT manages risk to BCC Programme Provides intelligence and context Plans and delivers, promotes and concerning the wider cultural evaluates the programme in a way which programme of the city and meets agreed outcomes, and facilitates promotion requirements of other funders Collection Owns, insures and maintains asset Manages, cares for, documents, register develops, displays in accordance with collections policy Buildings and sites Owns, insures and shares Manages and maintains, shares responsibility for developing responsibility for developing Public art Owns and curates Documents, conserves and maintains Fundraising Supports with advocacy, Seeks opportunities and develops intelligence and joint approaches funding proposals (where appropriate) Commercial Supports Optimises in accordance with business development plans Arrangements for Monitoring, Review and Dispute Resolution 14. This Memorandum of Understanding will be reviewed after five years from the date of signature or by the mutual agreement of the parties. 15. In the event of any dispute arising, the issue shall first be referred to the senior responsible officers (currently the Director of BMT and the Assistant Director Culture & Visitor Economy BCC) who shall seek to resolve the issue by a process of consultation. In the event that a resolution is not found within a reasonable period of time, the matter shall be escalated to the Chair of the Board of BMT and the Cabinet Member with the relevant portfolio who shall decide on the appropriate action to take. 16. If either party receives any formal inquiry, complaint, claim or threat of action from a third party (including, but not limited to, claims made by a supplier or requests for information made under the Freedom of Information Act 2000) in relation to the Scheme, the matter shall be promptly referred to its nominated representatives. No action shall be taken in response to any such inquiry, complaint, claim or action, to the extent that such response would adversely affect the Scheme, without the prior approval of the senior responsible officers. Appendix 1 Status 17. This MoU is not intended to be legally binding, and no legal obligations or legal rights shall arise between the parties from this MoU. The parties enter into the MoU intending to honour all their obligations. Nothing in this MoU is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party as the agent of the other party, nor authorise either of the parties to make or enter into any commitments for or on behalf of the other party. Variation 18. This MoU may only be varied by written agreement of BCC and BMT. Charges and Liabilities 19. Except as otherwise provided, the parties shall each bear their own costs and expenses incurred in complying with their obligations under this MoU. Term and termination 20. MoU shall commence on the date of signature by both parties. It shall continue unless either there is a mutual agreement to terminate, or one of the parties gives notice of termination. 21. Either party may terminate this MoU by giving at least six months' notice in writing to the other party at any time. Governing Law and Jurisdiction 22. This MoU shall be governed by and construed in accordance with English law and, without affecting the escalation procedure set out in clause 12, each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales. Signed on Behalf of Birmingham City Council Signed on Behalf of Birmingham Museums Trust Ltd ……………………………………………………………………. ………………………………………………………………. Name: Name: Position: Position: Date: Date .
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