Common use of Accounting Procedures and Monitoring Clause in Contracts

Accounting Procedures and Monitoring. 11.1. In addition to the information outlined in clauses 7.4 and 7.5, every quarter during the BID Term, the Council shall provide the BID Company with a breakdown of: (i) the amount of the BID Levy for each individual BID Levy Payer (ii) the BID Levy collected in relation to each BID Levy Payer (iii) details, together with the outstanding unpaid sum) of those BID Levy Payers who have not paid the BID Levy during the course of that month, PROVIDED THAT this clause shall not apply to the provision of any Personal Data other than that which the Council may provide pursuant to the Regulations 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such information. 11.3. Upon the expiry of the sixth month of the BID Term and every 6 (six) months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect of those 6 (six) month periods with: (i) the amount received by the BID Company from Contributors and BID Levy Payers; (ii) the total expenditure of the BID Company. 11.4. Within 1 (one) month from the start of the BID Term, the parties shall set up the Monitoring Group. 11.5. The Monitoring Group shall meet no less than quarterly in any one BID Year. 11.6. At each meeting, the Monitoring Group shall: (i) Review the effectiveness of the collection and enforcement of the BID Levy; and (ii) review and assess the information provided by the parties regarding the progress being made in achieving the aims set out in the BID Business Plan. 11.7. Within 1 (one) month after the date of the end of the Financial Year, the Council shall provide the Annual Report to the BID Company 11.8. The BID Company shall provide the BID Company Report to the Council two weeks prior to the Annual General Meeting of the BID Directors and Members. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.

Appears in 7 contracts

Samples: Operating Agreement, Operating Agreement, Operating Agreement

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Accounting Procedures and Monitoring. 11.1. In addition to 9.1 Within 1 (one) month from the information outlined in clauses 7.4 Operational Date the Council and 7.5, every quarter during BID Company shall form the Monitoring Group 9.2 On a quarterly basis (for the duration of BID Term, ) the Council shall provide the BID Company with a breakdown of: (i) of:- the amount of the BID Levy Xxxx for each individual BID Levy Payer (ii) ; the BID Levy Xxxx collected in relation to each BID Levy Payer ; details (iii) details, together with the outstanding unpaid sum) of those BID Levy Payers who have not paid the BID Levy Xxxx during the course of that month, PROVIDED THAT this clause shall not apply to ; details of the provision Reminder Notices issued throughout that period; and details of any Personal Data other than that which Liability Orders obtained or applied for by the Council may provide pursuant to the RegulationsCouncil; 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such information. 11.3. Upon the expiry of the sixth month of the BID Term and every 6 (six) 9.3 Every six months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect with the following details: the total amount of those 6 income received from the Contributors (six) month periods with: (i) the amount received by excluding the BID Company from Contributors and BID Levy Payers; (iiXxxx) the total expenditure of the BID Company.during that 6 month period 11.4. Within 1 (one) month from the start of the BID Term, the parties shall set up the Monitoring Group. 11.5. 9.4 The Monitoring Group shall meet at least once a year and on all other occasions further meetings of the Monitoring Group shall be arranged by the service of written notice by either party on the other, such notice to be provided no less than quarterly 28 (twenty eight) days prior to the date of the proposed meeting (or lesser if otherwise agreed or in any one cases of emergency) and provided further that such meetings can be dispensed with altogether upon the written agreement of both the Council and the BID Year.Company 11.6. 9.5 At each meeting, meeting the Monitoring Group shall: (i) Review shall review the effectiveness of the collection and enforcement of the BID LevyXxxx; and (ii) and if required, review and assess the information provided by the parties regarding the progress being made in achieving the aims set out in Council and the BID Business Plan.Company pursuant to Clauses 9.2 and 9.3 above and make any recommendations for implementation as may be agreed (and which are permitted by the Regulations and the terms of this Agreement) 11.7. 9.6 Within 1 (one) month after the date of the end of the Financial Year, Year the Council shall provide the Annual Report to the BID Company 11.8. The 9.7 Within 1 (one) month from the date of receipt of the Annual Report the BID Company shall provide the BID Company Report to the Council two weeks prior to the Annual General Meeting of the BID Directors and Members. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.Council

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

Accounting Procedures and Monitoring. 11.1. In addition to 9.1 Within 1 (one) month from the information outlined in clauses 7.4 Operational Date the Council and 7.5, every quarter during BID Company shall form the Monitoring Group 9.2 On a quarterly basis (for the duration of BID Term, ) the Council shall provide the BID Company with a breakdown of: (i) of:- the amount of the BID Levy for each individual BID Levy Payer (ii) ; the BID Levy collected in relation to each BID Levy Payer ; details (iii) details, together with the outstanding unpaid sum) of those BID Levy Payers who have not paid the BID Levy during the course of that month, PROVIDED THAT this clause shall not apply to ; details of the provision Reminder Notices issued throughout that period; and details of any Personal Data other than that which Liability Orders obtained or applied for by the Council may provide pursuant to the RegulationsCouncil; 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such information. 11.3. Upon the expiry of the sixth month of the BID Term and every 6 (six) 9.3 Every six months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect with the following details: the total amount of those 6 income received from the Contributors (six) month periods with: (i) the amount received by excluding the BID Company from Contributors and BID Levy Payers; (iiLevy) the total expenditure of the BID Company.during that 6 month period 11.4. Within 1 (one) month from the start of the BID Term, the parties shall set up the Monitoring Group. 11.5. 9.4 The Monitoring Group shall meet at least once a year and on all other occasions further meetings of the Monitoring Group shall be arranged by the service of written notice by either party on the other, such notice to be provided no less than quarterly 28 (twenty eight) days prior to the date of the proposed meeting (or lesser if otherwise agreed or in any one cases of emergency) and provided further that such meetings can be dispensed with altogether upon the written agreement of both the Council and the BID Year.Company 11.6. 9.5 At each meeting, meeting the Monitoring Group shall: (i) Review shall review the effectiveness of the collection and enforcement of the BID Levy; and (ii) and if required, review and assess the information provided by the parties regarding the progress being made in achieving the aims set out in Council and the BID Business Plan.Company pursuant to Clauses 9.2 and 9.3 above and make any recommendations for implementation as may be agreed (and which are permitted by the Regulations and the terms of this Agreement) 11.7. 9.6 Within 1 (one) month after the date of the end of the Financial Year, Year the Council shall provide the Annual Report to the BID Company 11.8. The 9.7 Within 1 (one) month from the date of receipt of the Annual Report the BID Company shall provide the BID Company Report to the Council two weeks prior to the Annual General Meeting of the BID Directors and Members. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.Council

Appears in 2 contracts

Samples: Memorandum of Understanding, Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to 8.1 Within 21 Working Days of the information outlined in clauses 7.4 end of the first quarter of the Financial Year (a Quarter) after the Commencement Date and 7.5every Quarter thereafter, every quarter during for the duration of BID Term, Term the Council shall provide the BID Company with a breakdown ofwith: (i) the The rateable value for each BID Levy Payer; (ii) The amount of the BID Levy for each individual BID Levy Payer; (iiiii) The amount of the BID Levy Xxxx collected in relation to for each BID Levy Payer; (iiiiv) details, together with the outstanding unpaid sum) Details of those BID Levy Payers who have not paid the BID Levy during the course Xxxx; (v) Details of that month, PROVIDED THAT this clause shall not apply to the provision Reminder Notices issued; and (vi) Details of any Personal Data other than that which the Council may provide pursuant further action taken to the Regulations 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such informationrecover any sum unpaid. 11.3. Upon the expiry 8.2 Within one month of the sixth month start of each Financial Year the parties shall agree the dates when there will be meetings of the Monitoring Group and there will be at least two such meetings in each Financial Year throughout the duration of the BID Term and every 6 (six) months thereafter (for the duration on all other occasions further meetings of the BID Term) the BID Company shall provide the Council in respect of those 6 (six) month periods with: (i) the amount received by the BID Company from Contributors and BID Levy Payers; (ii) the total expenditure of the BID Company. 11.4. Within 1 (one) month from the start of the BID Term, the parties shall set up the Monitoring Group. 11.5. The Monitoring Group shall meet be arranged by the service of written notice by either party, such notice to be served no less than quarterly twenty eight (28) days prior to the date of the proposed meeting (or such lesser period as may be agreed by the parties or may be necessary in any one BID Year. 11.6the case of an emergency). At each meeting, meeting the Monitoring Group shall: (i) Review the effectiveness of the collection and enforcement of the BID LevyXxxx; (ii) If required by either party review and assess information provided by the parties; and (iiiii) review and assess Consider the information provided charges being made by the parties regarding Council for the progress being made in achieving the aims set out in collection of the BID Business PlanXxxx. 11.7. 8.3 Within 1 (one) month after from the date of the end receipt of the Financial Year, the Council shall provide the Annual Report to in each financial year (for the duration of the BID Company 11.8. The Term) the BID Company shall provide the a BID Company Report to the Council two weeks prior Council. 8.4 The BID Revenue Account will be subject to the Annual General Meeting normal internal & external audit arrangements of the BID Directors Council and Members. 11.9. The the Council will provide at least one, and no more than two, representatives make available to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related its appointed auditors such information, limited to the operation of BID Revenue Account, as requested by the BID including staffing Company and accommodation arrangements, as requiredits appointed advisors that they are able to request under legislation and the Regulations.

Appears in 1 contract

Samples: Bid Levy Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to 10.1 Within 1 (one) month from the information outlined in clauses 7.4 Operational Date the Council and 7.5, every quarter during BID Company shall form the Monitoring Group 10.2 Every 1 (one) month (for the duration of BID Term, ) the Council shall provide the BID Company company with a breakdown of:of:- (i) the amount of the BID Levy Xxxx for each individual BID Levy Payer; (ii) the BID Levy Xxxx collected in relation to each BID Levy Payer; (iii) details, details (together with the outstanding unpaid sum) of those BID Levy Payers who have not paid the BID Levy Xxxx during the course of that month, PROVIDED THAT this clause shall not apply to ; (iv) details of the provision Reminder Notices issued throughout that period; and (v) details of any Personal Data other than that which Summonses issued and Liability Orders obtained or applied for by the Council may provide pursuant to the RegulationsCouncil; 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such information. 11.3. Upon the expiry of the sixth month of the BID Term and every 6 (six) 10.3 Every six months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect of those 6 (six) month periods withwith the following details: (ia) the total amount of income received by from the BID Company from Contributors and BID Levy Payers;) (iib) the total expenditure of the BID Companyduring that 6 month period. 11.4. Within 1 (one) month from the start of the BID Term, the parties shall set up the Monitoring Group. 11.5. 10.4 The Monitoring Group shall meet no less than quarterly twice in any one Financial Year and on all other occasions further meetings of the Monitoring Group shall be arranged by the service of written notice by either party on the other, such notice to be provided no less than 28 (twenty eight) days prior to the date of the proposed meeting (or lesser if otherwise agreed or in cases of emergency) and provided further that such meetings can be dispensed with altogether upon the written agreement of both the Council and the BID Year.Company 11.6. 10.5 At each meeting, meeting the Monitoring Group shall: (i) Review review the effectiveness of the collection and enforcement of the BID LevyXxxx; and (ii) if required, review and assess the information provided by the parties regarding the progress being made in achieving the aims set out in Council and the BID Business Plan.Company pursuant to Clauses 10.2 and 10.3 above and make any recommendations for implementation as may be agreed (and which are permitted by the Regulations and the terms of this Agreement) 11.7. 10.6 Within 1 (one) month after the date of the end of the Financial Year, Year the Council shall provide the Annual Report to the BID Company 11.8. The 10.7 Within 1 (one) month from the date of receipt of the Annual Report the BID Company shall provide the BID Company Report to the Council two weeks prior to the Annual General Meeting of the BID Directors and Members. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.Council

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to 10.1 Within 1 (one) month from the information outlined in clauses 7.4 and 7.5, every quarter during Ballot Result Date the parties shall set up the Monitoring Group meeting. 10.2 Each month (for the duration of BID Term, ) the Council shall provide the BID Company with a breakdown ofwith: (i) the amount of the BID Levy for each individual BID Levy Payer; (ii) the amount of the BID Levy collected in relation to for each BID Levy Payer; (iii) details, together with the outstanding unpaid sum) details of those BID Levy Payers who have not paid the BID Levy during the course Levy; (iv) Details of that monthReminder Notices issued; (v) details of Liability Orders made or applied for; (vi) details of an agreement made, PROVIDED THAT this clause shall not apply to the provision of any Personal Data other than that which if any, between the Council may provide pursuant to the Regulations 11.2. The and a BID Company shall request information Levy Payer where it has been agreed that payment of a Demand Notice can be made over a period of 6 (six) months or more from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold date of such informationDemand Notice. 11.3. 10.3 Upon the expiry of the sixth month of the BID Term and every 6 (six) months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect of those the 6 (six) month periods with: (i) 10.3.1 the amount of BID Levy received from the Council by the BID Company; 10.3.2 the amount received by the BID Company from Contributors and excluding BID Levy Payers; (ii) the total expenditure of the BID Company. 11.4. Within 1 (one) month from the start of the BID Term, the parties shall set up the Monitoring Group. 11.5. The Monitoring Group shall meet no less than quarterly in any one BID Year. 11.6. At each meeting, the Monitoring Group shall: (i) Review the effectiveness of the collection and enforcement of the BID Levy; and (ii) review and assess the information provided by the parties regarding the progress being made in achieving the aims set out in the BID Business Plan. 11.7. Within 1 (one) month after the date of the end of the Financial Year, the Council shall provide the Annual Report to the BID Company 11.8. The BID Company shall provide the BID Company Report to the Council two weeks prior to the Annual General Meeting of the BID Directors and Members. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.1. 10.1 Within 1 (one) month from the Operational Date the Council and BID Company shall form the Monitoring Group 10.2 In addition to the information outlined in clauses 7.4 and 7.57.4, every quarter month during the BID Term, term the Council shall provide the BID Company with a breakdown of:of:- (i) 10.2.1 the amount of the BID Levy for each individual BID Levy Payer; (ii) 10.2.2 the BID Levy collected in relation to each BID Levy Payer; 10.2.3 details (iii) details, together with the outstanding unpaid sum) of those BID Levy Payers who have not paid the BID Levy during those 6 months; 10.2.4 details of the course of Reminder Notices issued throughout that month, PROVIDED THAT this clause shall not apply to the provision period; and 10.2.5 details of any Personal Data other than that which the Council may provide pursuant to the Regulations 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such information. 11.3. Upon the expiry of the sixth month of the BID Term and every 6 (six) months thereafter (Liability Orders obtained or applied for the duration of the BID Term) the BID Company shall provide the Council in respect of those 6 (six) month periods with: (i) the amount received by the BID Company from Contributors and BID Levy PayersCouncil; (ii) the total expenditure of the BID Company. 11.4. Within 1 (one) month from the start of the BID Term, the parties shall set up the Monitoring Group. 11.5. 10.3 The Monitoring Group shall meet no less than quarterly once in any one Financial Year and on all other occasions further meetings of the Monitoring Group shall be arranged by the service of written notice by either party on the other, such notice to be provided no less than 28 (twenty eight) days prior to the date of the proposed meeting (or lesser if otherwise agreed or in cases of emergency) and provided further that such meetings can be dispensed with altogether upon the written agreement of both the Council and the BID Year.Company 11.6. 10.4 At each meeting, meeting the Monitoring Group shall: (i) Review 10.4.1 review the effectiveness of the collection and enforcement of the BID Levy; and (ii) 10.4.2 if required, review and assess the information provided by the parties regarding Council pursuant to Clauses 10.2 above and make any recommendations for implementation as may be agreed (and which are permitted by the progress being made in achieving Regulations and the aims set out in the BID Business Plan.terms of this Agreement) 11.7. 10.5 Within 1 (one) month after the date of the end of the Financial Year, Year the Council shall provide the Annual Report to the BID Company 11.8. 10.6 The BID Company shall provide the BID Company Report to the Council two weeks prior to the their Annual General Meeting of the BID Directors and Members(this normally takes place in September or October). 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to 10.1 At the information outlined in clauses 7.4 time the Council issues the levy bills there will be a statement of the previous years financial summary and 7.5, every quarter during the forecast for the forthcoming year on the BID company and the Council’s websites. 10.2 Every 12 months (for the duration of BID Term, ) the Council shall provide the BID Company with a breakdown of: (i) the The amount of the BID Levy levy for each individual BID Levy Payerlevy payer; (ii) the The BID Levy levy collected in relation to each BID Levy Payerlevy payer; (iii) details, Details (together with the outstanding unpaid sum) of those BID Levy Payers levy payers who have not paid the BID Levy levy during those 12 months; iv) Details of the course of reminder notices issued throughout that month, PROVIDED THAT this clause shall not apply to the provision period; and v) Details of any Personal Data other than that which liability orders obtained or applied for by the Council may provide pursuant to the RegulationsCouncil 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such information. 11.3. Upon the expiry of the sixth month of the BID Term and every 6 (six) 10.3 Every 12 months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect of those 6 (six) month periods withwith the following details: (i) The total amount of income received from the amount received by Contributors (excluding the BID Company from Contributors and BID Levy Payers;levy); and (ii) the The total expenditure of the BID Companyduring that 12 month period. 11.4. Within 1 (one) month from the start of the BID Term, the 10.4 The parties shall set up annually review the Monitoring Group. 11.5. The Monitoring Group operation of this Agreement and shall meet no less than quarterly in any one BID Year. 11.6. At each meeting, the Monitoring Group shallfrom time to time to: (i) Review the effectiveness of the collection and enforcement of the BID Levylevy; and (ii) If required, review and assess the information provided by the parties regarding the progress being made in achieving the aims set out in the BID Business Plan. 11.7. Within 1 (one) month after the date of the end of the Financial Year, the Council shall provide the Annual Report to the BID Company 11.8. The BID Company shall provide and the BID Company Report pursuant to the Council two weeks prior to the Annual General Meeting of the BID Directors and Members. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.Clauses 10.1 and

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to 9.1 Within 1 (one) month from the information outlined in clauses 7.4 Operational Date (or as soon as reasonably practicable thereafter) the Council and 7.5, every quarter during BID Company shall form the Monitoring Group 9.2 On a quarterly basis (for the duration of BID Term, ) the Council shall provide the BID Company with a breakdown of: (i) of:- the amount of the BID Levy Xxxx for each individual BID Levy Payer (ii) ; the BID Levy Xxxx collected in relation to each BID Levy Payer ; details (iii) details, together with the outstanding unpaid sum) of those BID Levy Payers who have not paid the BID Levy Xxxx during the course of that month, PROVIDED THAT this clause shall not apply to ; details of the provision Reminder Notices issued throughout that period; and details of any Personal Data other than that which Liability Orders obtained or applied for by the Council may provide pursuant to the RegulationsCouncil; 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such information. 11.3. Upon the expiry of the sixth month of the BID Term and every 6 (six) 9.3 Every six months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect with the following details: the total amount of those 6 income received from the Contributors (six) month periods with: (i) the amount received by excluding the BID Company from Contributors and BID Levy Payers; (iiXxxx) the total expenditure of the BID Company.during that 6 month period 11.4. Within 1 (one) month from the start of the BID Term, the parties shall set up the Monitoring Group. 11.5. 9.4 The Monitoring Group shall meet at least once a year and on all other occasions further meetings of the Monitoring Group shall be arranged by the service of written notice by either party on the other, such notice to be provided no less than quarterly 28 (twenty eight) days prior to the date of the proposed meeting (or lesser if otherwise agreed or in any one cases of emergency) and provided further that such meetings can be dispensed with altogether upon the written agreement of both the Council and the BID Year.Company 11.6. 9.5 At each meeting, meeting the Monitoring Group shall: (i) Review shall review the effectiveness of the collection and enforcement of the BID LevyXxxx; and (ii) and if required, review and assess the information provided by the parties regarding the progress being made in achieving the aims set out in Council and the BID Business Plan.Company pursuant to Clauses 9.2 and 9.3 above and make any recommendations for implementation as may be agreed (and which are permitted by the Regulations and the terms of this Agreement) 11.7. 9.6 Within 1 (one) month after the date of the end of the Financial Year, Year the Council shall provide the Annual Report to the BID Company 11.8. The 9.7 Within 1 (one) month from the date of receipt of the Annual Report the BID Company shall provide the BID Company Report to the Council two weeks prior to the Annual General Meeting of the BID Directors and Members. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.Council

Appears in 1 contract

Samples: Memorandum of Understanding

Accounting Procedures and Monitoring. 11.1. In addition to 11.1 Within 1 (one) month from the information outlined in clauses 7.4 Operational Date the Council and 7.5, every quarter during BID Company shall form the Monitoring Group 11.2 Every 6 (six) months (for the duration of BID Term, ) the Council shall provide the BID Company with a breakdown of:of:- (i) the amount of the BID Levy Xxxx for each individual BID Levy Payer; (ii) the BID Levy Xxxx collected in relation to each BID Levy Payer; (iii) details, details (together with the outstanding unpaid sum) of those BID Levy Payers who have not paid the BID Levy Xxxx during those 6 months; (iv) details of the course of Reminder Notices issued throughout that month, PROVIDED THAT this clause shall not apply to the provision period; and (v) details of any Personal Data other than that which Liability Orders obtained or applied for by the Council may provide pursuant to the RegulationsCouncil; 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such information. 11.3. Upon the expiry of the sixth month of the BID Term and every 11.3 Every 6 (six) months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect of those 6 (six) month periods withwith the following details: (ia) the total amount of BID Xxxx received (b) the total amount of income received by from the Contributors (excluding the BID Company from Contributors and BID Levy Payers;Xxxx) (iic) the total expenditure of the BID Companyduring that 6 month period. 11.4. Within 1 (one) month from the start of the BID Term, the parties shall set up the 11.4 The Monitoring Group. 11.5. The Monitoring Group , combined with Standard Services Review Panel (as defined in the Baseline Agreement), shall meet no less than quarterly twice in any one Financial Year and on all other occasions further meetings of the Monitoring Group shall be arranged by the service of written notice by either party on the other, such notice to be provided no less than 28 (twenty eight) days prior to the date of the proposed meeting (or lesser if otherwise agreed or in cases of emergency) and provided further that such meetings can be dispensed with altogether upon the written agreement of both the Council and the BID Year.Company 11.6. 11.5 At each meeting, meeting the Monitoring Group shall: (i) Review review the effectiveness of the collection and enforcement of the BID LevyXxxx; and (ii) if required, review and assess the information provided by the parties regarding the progress being made in achieving the aims set out in Council and the BID Business Plan.Company pursuant to Clauses 11.2 and 11.3 above and make any recommendations for implementation as may be agreed (and which are permitted by the Regulations and the terms of this Agreement) 11.7. 11.6 Within 1 (one) month after before the date of the end of the BID Company Financial Year, Year (June 30) the Council shall provide the Annual Report to the BID Company 11.8. The 11.7 Within 1 (one) month from the date of receipt of the Annual Report the BID Company shall provide the BID Company Report to the Council two weeks prior to the Annual General Meeting of the BID Directors be distributed pursuant to clause 7.3 and Members.clause 8 11.9. 11.8 The Council will shall provide at least one, such information as is required to aid and no more than two, representatives to facilitate the Board audit of the BID Company’s accounts. The BID Company shall be entitled to audit the Council's records in relation to collecting the BID Xxxx, including the BID Revenue Account, during normal working hours and upon giving prior reasonable notice to the Council provided that such audit shall be no more frequent than once a quarter unless otherwise agreed with the Council or otherwise determined by the Monitoring Group. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot shall make available to establish the BID, the BID Company (and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection its appointed representatives) such documents, information and enforcement of the levy and any other details related to the operation of assistance as the BID including staffing Company (and accommodation arrangements, as requiredits appointed representatives) shall reasonably require in relation to such audit.

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to 10.1 Within one (1) month from the information outlined in clauses 7.4 and 7.5, every quarter during commencement of the BID Term the parties shall set up the Monitoring Group. 10.2 Upon the expiry of the first month from the commencement of the BID Term and every month thereafter (for the duration of BID Term, ) the Council shall provide the BID Company with a breakdown ofwith: (i) 10.2.1 the amount of the BID Levy for each individual BID Levy Payer; (ii) 10.2.2 the amount of the BID Levy Xxxx collected in relation to for each BID Levy Payer; (iii) details, together with the outstanding unpaid sum) 10.2.3 details of those BID Levy Payers who have not paid the BID Levy during the course Xxxx; 10.2.4 details of that monthReminder Notices issued; 10.2.5 details of Liability Orders made or applied for; and 10.2.6 details of agreements made, PROVIDED THAT this clause shall not apply to the provision of any Personal Data other than that which if any, between the Council may provide pursuant and BID Levy Payers where it has been agreed that payment of a Demand Notice can be made over a period of six months or more from the date of such Demand Notice. 10.2.7 The Council will undertake a due diligence process to reduce the Regulations 11.2credit balances on the BID Revenue Account at least once per Chargeable Period. The process may involve reminders to generate refund claims and transferring BID Company shall request information Xxxx overpayments from the Council that it considers relevant BID Revenue Accounts to their business offset against NDR debt or other BID or rate liabilities within audit guidelines and the Council shall consider disclosure and shall not unreasonably withhold such informationpotentially credit Write Backs. 11.3. 10.3 Upon the expiry of the sixth month of the BID Term and every 6 (six) months thereafter (for the duration of the BID Term) each Chargeable Period the BID Company shall provide the Council in respect of those 6 (six) month periods the Chargeable Period with: (i) 10.3.1 the amount of BID Xxxx received from the Council by the BID Company; 10.3.2 the amount received by the BID Company from Contributors and excluding BID Levy Payers;; and (ii) 10.3.3 the total expenditure of the BID Company. 11.4. 10.4 Within 1 (one) one month from the start commencement of the BID Term the parties shall agree the dates when there will be meetings of the Monitoring Group and there will be at least two such meetings in each Financial Year (throughout the duration of the BID Term, ) and on all other occasions further meetings of the parties shall set up the Monitoring Group. 11.5. The Monitoring Group shall meet be arranged by the service of written notice by either party on the other such notice to be provided no less than quarterly 28 days prior to the date of the proposed meeting (or less if otherwise agreed or in any one cases of emergency) and provided further that such meetings can be dispensed with altogether upon the written agreement of both the Council and the BID YearCompany. 11.6. 10.5 At each meeting, meeting the Monitoring Group shall: (i) Review 10.5.1 review the effectiveness of the collection and enforcement of the BID LevyXxxx; and (ii) 10.5.2 if required by either party review and assess the information provided by the parties regarding pursuant to Clauses 10.2 and 10.3 above and make recommendations provided they are permitted by the progress being made in achieving Regulations and the aims set out in the BID Business Planterms of this Agreement. 11.7. 10.6 Within 1 two (one2) month months after the date of the end of each Financial Year (for the Financial Year, duration of the Bid Term) the Council shall provide the an Annual Report to the BID CompanyCompany to be issued on or around 31 March. 11.8. The 10.7 Within one (1) month from the date of receipt of the Annual Report in each financial year (for the duration of the Bid Term) the BID Company shall provide the a BID Company Report to the Council two weeks prior to the Annual General Meeting of the BID Directors and MembersCouncil. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to The Monitoring Group shall be formed by the information outlined Council and the Bath BID Company 1 (one) month before the Operational Date. The Monitoring Group shall consist of a member of the Customer Services Senior Management Team and the Senior Customer Services Officer who is directly involved in clauses 7.4 the levy collection from the Council, and 7.5, every quarter during the Chief Executive and Finance Director from the Bath BID TermCompany. 11.2. No more frequently than monthly, the Council shall provide the Bath BID Company with a report (the “Collection Report”) containing a breakdown of:of:- (ia) the amount of the BID Levy for payable by each individual BID Levy Payer; (iib) the BID Levy collected in relation to each BID Levy Payer; (iiic) details, details (together with the outstanding unpaid sum) of those BID Levy Payers who have not paid the BID Levy during that Relevant Month; (d) details of the course Reminder Notices issued throughout the Relevant Month; (e) details of that month, PROVIDED THAT this clause shall not apply any Liability Orders obtained or applied for by the Council; (f) details of any changes to the provision Demand Notices or Hereditaments during the Relevant Month; and (g) details of any Personal Data other than that which the Council may provide pursuant to the Regulations 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such informationrefunds. 11.3. Upon the expiry The Monitoring Group shall meet twice during each Financial Year. Further meetings of the sixth month Monitoring Group shall be arranged by the service of written notice by either party on the other, such notice to be provided no less than 28 (twenty eight) days prior to the date of the BID Term proposed meeting (or a lesser period if otherwise agreed or in cases of emergency) and every 6 (six) months thereafter (for provided further that such meetings can be dispensed with altogether upon the duration written agreement of the BID Term) the BID Company shall provide both the Council in respect of those 6 (six) month periods with: (i) and the amount received by the BID Company from Contributors and BID Levy Payers; (ii) the total expenditure of the Bath BID Company. 11.4. Within 1 (one) month from the start of the BID Term, the parties shall set up the Monitoring Group. 11.5. The Monitoring Group shall meet no less than quarterly in any one BID Year. 11.6. At each meeting, meeting the Monitoring Group shall: (ia) Review review the effectiveness of the collection and enforcement of the BID Levy; and; (iib) as set out in Clause 6.3, review, discuss and agree the payment process for any additional collection costs which are likely to be incurred by the Council which will mean that the Council’s maximum of £36,000 per annum contribution towards collection cost is being exceeded. These additional costs are to be paid by the BID Company; (c) if required by either party, review and assess the information provided by the parties regarding Council pursuant to Clause 11.2 above and any information provided by the progress being made in achieving Bath BID Company for the aims set out in purpose of the BID Business Planmeeting, and make any recommendations for implementation as may be agreed (and which are permitted by the Regulations and the terms of this Agreement). 11.711.5. Within 1 (one) month six weeks after the date of the end of each Financial Year in the Financial Year, BID Term the Council shall provide the Annual Report to the Bath BID Company. 11.811.6. The Within 1 (one) month from the date of receipt of the Annual Report the Bath BID Company shall provide the Bath BID Company Company’s Report to the Council two weeks prior to the Annual General Meeting of the BID Directors and MembersCouncil. 11.911.7. The Monitoring Group shall be responsible for reviewing this Agreement as necessary to monitor the parties' compliance with it and to resolve any issues which arise out of it. 11.8. The Council will shall provide at least onesuch information as is required to aid and facilitate the audit of the Bath BID Company’s accounts. The Bath BID Company shall be entitled to audit the Council's records in relation to collecting the BID Levy, including the BID Revenue Account, during normal working hours and upon giving prior reasonable notice to the Council provided that such audit shall be no more frequent than two, representatives to once a quarter unless otherwise agreed with the Board of Council or otherwise determined by the BID CompanyMonitoring Group. The Council representatives will be non-voting advisory members of shall make available to the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the Bath BID Company (and its appointed representatives) such documents, information and assistance as the Council will enter into a Service Level Agreement which will define Bath BID Company (and its appointed representatives) shall reasonably require in more detail matters related relation to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as requiredsuch audit.

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to the information outlined in clauses 7.4 and clause 7.5, every quarter during the BID Term, the Council shall provide the BID Company with a breakdown of: (i) i. the amount of the BID Levy for each individual BID Levy Payer (ii) . the BID Levy collected in relation to each BID Levy Payer (iii) . details, together with the outstanding unpaid sum) of those BID Levy Payers who have not paid the BID Levy during the course of that month, . PROVIDED THAT this clause shall not apply to the provision of any Personal Data other than that which the Council may provide pursuant to the Regulations. 11.2. The BID Company shall request information from the Council that which it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such information. 11.3. Upon the expiry of the sixth month of the BID Term and every 6 (six) months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect of those 6 (six) month periods with: (i) i. the amount received by the BID Company from Contributors and BID Levy Payers; (; ii) . the total expenditure of the BID Company. 11.4. Within 1 (one) month from the start of the BID Term, the parties shall set up the Monitoring Group. 11.5. The Monitoring Group shall meet no less than quarterly in any one BID Year. 11.600.0. At Xx each meeting, the Monitoring Group shall: (i) i. Review the effectiveness of the collection and enforcement of the BID Levy; and (ii) . review and assess the information provided by the parties regarding the progress being made in achieving the aims set out in the BID Business Plan. 11.7. Within 1 (one) month after the date of the end of the Financial Year, the Council shall provide the Annual Report to the BID Company 11.8. The BID Company shall provide the BID Company Report to the Council two weeks prior to the Annual General Meeting of the BID Directors and Members. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the Bromley BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the Bromley BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to 7.1 Upon the information outlined in clauses 7.4 and 7.5, every quarter during expiry of the first calendar month from the BID Term and every month thereafter (for the duration of BID Term, ) the Council shall provide the BID Company with a breakdown of: (i) monthly statement detailing the amount of BID levy collected, collection percentage, list of unpaid accounts and written off amounts., for the BID Levy for each individual BID Levy Payer first quarter only (ii) the BID Levy collected in relation April to each BID Levy Payer (iii) details, together with the outstanding unpaid sum) of those BID Levy Payers who have not paid the BID Levy during the course of that month, PROVIDED THAT this clause shall not apply to the provision of any Personal Data other than that which the Council may provide pursuant to the Regulations 11.2June). The BID Company shall request information from the Council that it considers relevant to their business and Thereafter the Council shall consider disclosure provide the above information on a quarterly basis, in the first week of each September, December and shall not unreasonably withhold such informationMarch in each year of this agreement. 11.3. 7.2 Upon the expiry of the sixth month of the BID Term and every 6 (six) months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect of those 6 (six) month periods with: (i) 7.2.1 the amount received by the BID Company from Contributors and BID Levy Payers; (ii) 7.2.2 the total expenditure of the BID Company. 11.4. Within 1 (one) month from 7.3 Periodically, the start Chief Executive of the BID Term, Company and a representative of the parties shall set up the Monitoring Group. 11.5. The Monitoring Group Council shall meet no less than quarterly in any one BID Year. 11.6. At each meeting, the Monitoring Group shallto: (i) Review 7.3.1 review the effectiveness of the collection and enforcement of the BID Levy; and. (ii) 7.3.2 if required by either party review and assess the information provided by the parties regarding pursuant to Clauses 7.2 and 7.3 above and make recommendations provided they are permitted by the progress being made in achieving Regulations and the aims set out in terms of this Agreement. 7.4 Each June (for the duration of the BID Business Plan. 11.7. Within 1 (oneTerm) month after the date of the end of the Financial Year, the Council shall provide the Annual Report to the BID Company 11.8. The BID Company shall provide the a BID Company Report to the Council two weeks prior Council 7.5 The BID Company shall attend as required a meeting of the Council’s Overview and Scrutiny Committee to discuss the Annual General Meeting work of the BID Directors company and Membersthe Town Centre 7.6 The Council shall, from time to time throughout the duration of this agreement undertake an Audit of the BID Company’s internal controls in accordance with the Governance Performance and Financial Monitoring requirements as set in Performance management framework at Appendix 2 of this agreement and the BID Company shall comply with reasonable requests for information and assist the Council in respect of any such Audit. The purpose of the Audit shall be to confirm that the BID Company is complying with the following commitments within its Business Plan: 1. All contracts of a value in excess of £10,000 are being advertised on the BID Company’s website. 11.92. Periodically during the term the BID Board is testing the performance, cost and competitiveness of all contracts in excess of £10,000. 3. The BID Company is working towards Living Wage accreditation. 4. The BID is providing copies of statutory accounts and financial statements to the Council annually and issuing a statement from the Chair to all levy payers, including a link to the statutory accounts on the BID’s website. 5. During the first year appropriate rotation policies will be approved by the Board for Directors, including that, when the period of office of the current Chair expires, the position is advertised. 6. Each year the Advisory Group has nominated a non-voting representative who is invited to attend and observe Board meetings. 7. The BID Company will be monitored in accordance with the requirements of the Governance Performance and Financial Monitoring as detailed in the Performance Management plan attached as Appendix 2 In addition, within one month of the start of the new BID term, the Council will provide at least one, and no more than two, form a monitoring group to include representatives to the Board of the BID Company. The Council representatives This group will be non-voting advisory members meet quarterly, prior to Board meetings of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council its views and recommendations will enter into a Service Level Agreement which be available at such Board meeting. The monitoring group will define in more detail matters related to collection and enforcement consider aspects of the levy BID’s activities and/or spend and any other details related to the operation of the BID including staffing and accommodation arrangements, as requiredmake appropriate recommendations for improvement.

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to 11.1 Every quarter period, on the information outlined in clauses 7.4 and 7.5, every quarter during the BID Term, the Council shall provide the BID Company with a breakdown of: (i) the amount meeting of the BID Levy for each individual BID Levy Payer (ii) the BID Levy collected in relation to each BID Levy Payer (iii) details, together with the outstanding unpaid sum) of those BID Levy Payers who have not paid the BID Levy during the course of that month, PROVIDED THAT this clause shall not apply to the provision of any Personal Data other than that which the Council may provide pursuant to the Regulations 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such information. 11.3. Upon the expiry of the sixth month of the BID Term and every 6 (six) months thereafter Management Liaison Group (for the duration of the BID Term) the BID Company shall provide the Council in respect of those 6 (six) month periods withwith the following details: (i) the amount received by the BID Company from Contributors and BID Levy Payers; (iia) the total amount of income received from the Contributors (excluding the BID Levy) (b) the BID Company’s total expenditure during that quarter. 11.2 The Management Liaison Group shall meet quarterly in any one Chargeable Period and if an extraordinary meeting is called this shall be arranged by the service of written notice by either party on the other; giving no less than 28 (twenty eight) days’ notice prior to the date of the proposed meeting (or lesser if otherwise agreed or in case of emergency) and it is further provided that such meetings can be dispensed with altogether upon the written agreement of both the Council and the BID Company. 11.4. Within 1 (one) month from the start of the BID Term, the parties shall set up the Monitoring Group. 11.5. The Monitoring Group shall meet no less than quarterly in any one BID Year. 11.6. 11.3 At each meeting, meeting the Monitoring Management Group shall:; (i) Review review the effectiveness of the collection and enforcement of the BID Levy; and (ii) if required, review and assess the information provided by the parties regarding the progress being made in achieving the aims set out in Council and the BID Business PlanCompany pursuant to Clauses 7.3, 11.1, 11.4 and 11.5 above and make any recommendation for implementation as may be agreed (and which are permitted by the Regulations and the terms of this Agreement). 11.7. 11.4 Within 1 28 (onetwenty eight) month days after the date of the end of the Financial Year, Chargeable Period the Council shall provide the Annual Report to the BID Company. 11.811.5 BID Levy Demand Notices will be issued for the annually covering the period from 1 April to 31 March. The Preceding the issue of annual Demand Notices the BID Company shall provide the BID Company Report to the Council two weeks prior to the Annual General Meeting of the BID Directors and Members. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, with the BID Company and Report/ Statutory Information concerning the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of previous chargeable period’s income/expenditure together with the BID including staffing plans and accommodation arrangements, as requiredprojections for the next chargeable period. This information can then be included with the BID demand notice.

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to 10.1 Within 1 (one) month from the information outlined in clauses 7.4 and 7.5, every quarter during Ballot Result Date the parties shall set up the Monitoring Group meeting. 10.2 Each month (for the duration of BID Term, ) the Council shall provide the BID Company with a breakdown ofwith: (i) the amount of the BID Levy for each individual BID Levy PayerPayer with PDF copies of BID Levy Demand Notices (ii) the amount of the BID Levy collected in relation to for each BID Levy Payer; (iii) details, together with the outstanding unpaid sum) details of those BID Levy Payers who have not paid the BID Levy during the course Levy;. (iv) Details of that monthReminder Notices issued; (v) details of Liability Orders made or applied for; (vi) details of an agreement made, PROVIDED THAT this clause shall not apply to the provision of any Personal Data other than that which if any, between the Council may provide pursuant and a BID Levy Payer where it has been agreed that payment of a Demand Notice can be made over a period of 6 (six) months or more from the date of such Demand Notice. (vii) Council will undertake a due diligence process to reduce credit balances on the Regulations 11.2BID Revenue Account at least once per Chargeable Period. The process may involve reminders to generate refund claims and transferring BID Company shall request information Levy overpayments from the Council that it considers relevant BID Revenue Account to their business offset against NNDR debt or other BID or rate liabilities within audit guidelines and the Council shall consider disclosure and shall not unreasonably withhold such informationpotentially credit Write Backs. 11.3. Upon 10.3 After the expiry of first six (6) months from the sixth month commencement date of the BID Term and every 6 (six) months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect of those the relevant 6 (six) month periods with: (i) 10.3.1 the amount of BID Levy received from the Council by the BID Company; 10.3.2 the amount received by the BID Company from Contributors and excluding BID Levy Payers; (ii) 10.3.3 the total expenditure of the BID Company. 11.4. 10.4 Within 1 (one) one month from the start Ballot Result Date the parties shall agree the dates when there will be meetings of the Monitoring Group and there will be at least four such meetings in the first Financial Year of the BID Term, ) and two for the parties shall set up remainder of the Monitoring Group. 11.5. The BID Term and on all other occasions further meetings of the Monitoring Group shall meet be arranged by the service of written notice by either party on the other such notice to be provided no less than quarterly 28 (twenty eight) days prior to the date of the proposed meeting (or lesser if otherwise agreed or in any one cases of emergency) and provided further that such meetings can be dispensed with altogether upon the written agreement of both the Council and the BID YearCompany. 11.6. 10.5 At each meeting, meeting the Monitoring Group shall: (i) Review 10.5.1 review the effectiveness of the collection and enforcement of the BID Levy; and (ii) 10.5.2 if required by either party review and assess the information provided by the parties regarding pursuant to Clauses 10.2 and 10.3 above and make recommendations, provided they are permitted by the progress being made in achieving Regulations and the aims set out in terms of this Agreement. 10.6 Within 2 (two) months after the end of each Financial Year (for the duration of the BID Business PlanTerm) the Council shall provide an Annual Report to the BID Company to be issued on around 31 March. 11.7. 10.7 Within 1 (one) month after from the date of the end receipt of the Financial Year, the Council shall provide the Annual Report to in each financial year (for the duration of the BID Company 11.8. The Term) the BID Company shall provide the a BID Company Report to the Council two weeks prior to the Annual General Meeting of the BID Directors and Members. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.Council.‌

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to 9.1 Within 21 working days of the information outlined in clauses 7.4 end of the first quarter after the Commencement Date and 7.5every month thereafter, every quarter during for the duration of BID Term, Term the Council shall provide the BID Company with a breakdown ofwith: (i) the The rateable value for each BID levy Payer (ii) The amount of the BID Levy for each individual BID Levy Payer (ii) ; the amount of the BID Levy collected in relation to for each BID Levy Payer; (iii) details, together with the outstanding unpaid sum) Details of those BID Levy Payers who have not paid the BID Levy during the course Levy; (iv) Details of that month, PROVIDED THAT this clause shall not apply to the provision reminder notices issued; (v) Details of any Personal Data other than that which the Council may provide pursuant further action taken to the Regulationsrecover any sum unpaid; 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such information. 11.3. Upon the expiry of the sixth 9.2 Within one month of the BID Term and every 6 (six) months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect of those 6 (six) month periods with: (i) the amount received by the BID Company from Contributors and BID Levy Payers; (ii) the total expenditure of the BID Company. 11.4. Within 1 (one) month from the start of the each BID Term, Financial Year the parties shall set up agree the dates when there will be meetings of the Monitoring GroupGroup and there will be at least four such meetings in every BID Financial Year throughout the term of the BID. Further meetings of the Monitoring Group may be arranged by written notice being given by either party. 11.5. The Monitoring Group shall meet no less than quarterly in any one BID Year. 11.6. 9.3 At each meeting, meeting the Monitoring Group shall: (i) Review the effectiveness of the collection and enforcement of the BID Levy; and (ii) If required by either party review and assess the information provided by the parties regarding the progress being made in achieving the aims set out in the BID Business Planparties. 11.7. 9.4 Within 1 3 (onethree) month months after the date of the end of each BID Financial Year (for the Financial Year, the Council shall provide the Annual Report to duration of the BID Company 11.8. Term) The BID Company shall provide the BID Company Report an annual report to the Council two weeks prior which will include information on the progress of projects undertaken and project spend by area. 9.5 The BID Revenue Account will be subject to the Annual General Meeting normal internal & external audit arrangements of the BID Directors Council and Members. 11.9. The the Council will provide at least one, and no more than two, representatives make available to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and its appointed auditors such information as requested by the Company and its appointed auditors and that they are able to request under legislation and regulation 9.6 The BID Revenue Account will be subject to the normal internal & external audit arrangements of the Council and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related make available to the operation of BID Company and its appointed auditors such information as requested by the BID including staffing Company and accommodation arrangements, as required.its appointed auditors and that they are able to request under legislation and regulation

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition 9.1 Within 21 Working Days of the end of the first quarter of the Financial Year (a Quarter) after the Commencement Date and every Quarter thereafter, (subject to the information outlined in clauses 7.4 correct IT systems/ software being set up and 7.5, every quarter during available/ready to use) for the duration of the BID Term, Term the Council shall provide the BID Company with a breakdown ofwith: (i) the The rateable value for each BID Levy Payer; (ii) The amount of the BID Levy for each individual BID Levy Payer; (iiiii) The amount of the BID Levy collected in relation to for each BID Levy Payer; (iiiiv) details, together with the outstanding unpaid sum) Details of those BID Levy Payers who have not paid the BID Levy during the course Levy; (v) Details of that month, PROVIDED THAT this clause shall not apply to the provision Reminder Notices issued; and (vi) Details of any Personal Data other than that which the Council may provide pursuant further action taken to the Regulations 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such informationrecover any sum unpaid. 11.3. Upon the expiry 9.2 Within one month of the sixth month start of each Financial Year the parties shall agree the dates when there will be meetings of the Monitoring Group and there will be at least two such meetings in each Financial Year throughout the duration of the BID Term and every 6 (six) months thereafter (for the duration on all other occasions further meetings of the BID Term) the BID Company shall provide the Council in respect of those 6 (six) month periods with: (i) the amount received by the BID Company from Contributors and BID Levy Payers; (ii) the total expenditure of the BID Company. 11.4. Within 1 (one) month from the start of the BID Term, the parties shall set up the Monitoring Group. 11.5. The Monitoring Group shall meet be arranged by the service of written notice by either party, such notice to be served no less than quarterly twenty eight (28) days prior to the date of the proposed meeting (or such lesser period as may be agreed by the parties or may be necessary in any one BID Yearthe case of an emergency). 11.6. 9.3 At each meeting, meeting the Monitoring Group shall: (i) Review the effectiveness of the collection and enforcement of the BID Levy; and (ii) If required by either party review and assess the information provided by the parties regarding the progress being made in achieving the aims set out in the BID Business Planparties. . 11.7. 9.4 Within 1 (one) month after from the date of the end receipt of the Financial Year, the Council shall provide the Annual Report to in each Financial Year (for the duration of the BID Company 11.8. The Term) the BID Company shall provide the a BID Company Report to the Council two weeks prior Council. 9.5 The BID Revenue Account will be subject to the Annual General Meeting normal internal and external audit arrangements of the BID Directors Council and Members. 11.9. The the Council will provide at least one, and no more than two, representatives make available to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of its appointed auditors such information as requested by the BID including staffing Company and accommodation arrangements, as requiredits appointed auditors that they are able to request under legislation and the Regulations.

Appears in 1 contract

Samples: Bid Levy Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to 10.1 Every 6 (six) months (for the information outlined in clauses 7.4 and 7.5, every quarter during the duration of BID Term, ) the Council shall provide the BID Company with a breakdown of:of:- (i) the amount of the BID Levy for each individual BID Levy Payer; (ii) the BID Levy collected in relation to each BID Levy Payer; (iii) details, details (together with the outstanding unpaid sum) of those BID Levy Payers who have not paid the BID Levy during those 6 months; (iv) details of the course of Reminder Notices issued throughout that month, PROVIDED THAT this clause shall not apply to the provision period; and (v) details of any Personal Data Liability Orders or other than that which Court Orders obtained or applied for by the Council may provide pursuant to the RegulationsCouncil; 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such information. 11.3. Upon the expiry of the sixth month of the BID Term and every 10.2 Every 6 (six) months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect of those 6 (six) month periods withwith the following details: (ia) the total amount of BID Levy received (b) the total amount of income received by from the Contributors (excluding the BID Company from Contributors and BID Levy Payers;Levy) (iic) the total expenditure during that 6 month period. 10.3 No less than twice in any one Financial Year the parties shall meet for the purposes set out in clause 10.5. The parties may meet for the said purposes on further occasions by the service of written notice by either party on the other, such notice to be provided no less than 28 (twenty eight) days prior to the date of the proposed meeting (or lesser if otherwise agreed or in cases of emergency) and provided further that such meetings can be dispensed with altogether upon the written agreement of both the Council and the BID Company. 11.4. Within 1 (one) month from 10.4 The meetings referred to in clause 10.3 shall be attended by the start of Council’s Corporate Income Manager and Senior Recovery Officer or their nominated substitutes; and by the BID Term, the parties shall set up the Monitoring GroupCompany’s BID Manager or his/her nominated substitute. 11.5. 10.5 The Monitoring Group meetings referred to in clause 10.3 shall meet no less than quarterly in any one BID Year. 11.6. At each meeting, the Monitoring Group shall: (i) Review review the effectiveness of the collection and enforcement of the BID Levy; and (ii) if required, review and assess the information provided by the parties regarding the progress being made in achieving the aims set out in Council and the BID Business Plan.Company pursuant to Clauses 10.1 and 10.2 above and make any recommendations for implementation as may be agreed (and which are permitted by the Regulations and the terms of this Agreement) 11.7. 10.6 Within 1 (one) month after the date of the end of the Financial Year, Year the Council shall provide the Annual Report to the BID Company 11.8. The 10.7 Within 1 (one) month from the date of receipt of the Annual Report the BID Company shall provide the BID Company Report to the Council two weeks prior to the Annual General Meeting of the BID Directors and Members. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.Council

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.17.1. In addition to After the information outlined in clauses 7.4 last working day of December, March, June and 7.5, every quarter during October for the duration of BID Term, Term the Council shall provide the BID Company with a breakdown ofwith: (i) Changes to the amount of the annual billable BID Levy for each individual BID Levy PayerXxxx (ii) the The total amount of BID Levy collected in relation to each BID Levy PayerXxxx collected (iii) details, together with Total value of write offs (iv) Details of the outstanding unpaid sum) of those BID Levy Payers who have not paid percentage collection rate for the BID Levy during Xxxx (v) The total amount of voluntary contributions received 7.2. Every 2 months for the course of that month, PROVIDED THAT this clause shall not apply to the provision of any Personal Data other than that which the Council may provide pursuant to the Regulations 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such information. 11.3. Upon the expiry of the sixth month duration of the BID Term the Council shall provide the BID company with a report across all years detailing: (i) The number of accounts and every 6 liability raised per year (sixii) The arrears per year split between unsummonsed and summonsed (iii) Percentage of liability to be collected (iv) This same information further broken down by business sector by year 7.3. Every 2 months thereafter for the duration of the BID Term the Council shall provide the BID company with a report across all years detailing: (i) The number of accounts in arrears with amount (ii) The accounts in arrears per year split between unsummonsed and summonsed (iii) Percentage of arrears by account and as a percentage of debt (iv) This same information further broken down by business sector by year 7.4. Every 12 months (for the duration of the BID Term) the BID company shall provide the Council with the BID Company’s Report which details the following: (i) The total income from and expenditure of the BID levy (ii) Other income and expenditure of the BID Company not being the BID levy (iii) A statement of actual and pending deficits; and (iv) The various initiatives and schemes upon which the BID levy has been expended by the BID Company 7.5. Every 12 months (for the duration of the BID Term) in time for annual billing the BID Company shall provide the Council with a quantity of leaflets which shall be included in respect of those 6 (six) month periods withthe Demand Notice, detailing: (i) the amount received by revenue from the BID Company from Contributors and BID Levy Payers;Xxxx the billing authority was due to receive in the previous year in line with 6.1 (i) (ii) the total expenditure amount spent on the BID arrangements in the previous year (iii) a description of the BID Company.matters on which it was spent and 11.4. Within 1 (oneiv) month a description of the matters on which it is intended to spend the revenue from the start of BID levy in the BID Term, the financial year 7.6. The parties shall set up periodically review the Monitoring Group. 11.5. The Monitoring Group operation of this Agreement and shall meet no less than quarterly in any one BID Year. 11.6. At each meeting, the Monitoring Group shallfrom time to time to: (i) Review review the effectiveness of the collection and enforcement of the BID LevyXxxx; and (ii) if required, review and assess the information provided by the parties regarding the progress being made in achieving the aims set out in the BID Business Plan. 11.7. Within 1 (one) month after the date of the end of the Financial Year, the Council shall provide the Annual Report to the BID Company 11.8. The BID Company shall provide and the BID Company Report pursuant to this agreement and make any recommendations for implementation as may be agreed in writing (and which are permitted by the Council two weeks prior to the Annual General Meeting of the BID Directors and Members. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company Regulations and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement terms of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.this Agreement)

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.110.1. In addition to Within 1 (one) month, or such other period as the information outlined in clauses 7.4 and 7.5parties may agree, every quarter during from the date of this Agreement the parties shall set up the Monitoring Group meeting. 10.2. Each month (for the duration of BID Term, ) the Council shall provide the BID Company with a breakdown ofwith: (i) the amount of the BID Levy for each individual BID Levy Payer; (ii) the amount of the BID Levy collected in relation to for each BID Levy Payer; (iii) details, together with the outstanding unpaid sum) details of those BID Levy Payers who have not paid the BID Levy during the course Levy; iv) Details of that monthReminder Notices issued; v) details of Liability Orders made or applied for; vi) details of an agreement made, PROVIDED THAT this clause shall not apply to the provision of any Personal Data other than that which if any, between the Council may provide pursuant to the Regulations 11.2. The and BID Company shall request information Levy Payers where it has been agreed that payment of a Demand Notice can be made over a period of 3 (three) months or more from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold date of such informationDemand Notice. 11.310.3. Upon the expiry of the sixth month of the BID Term and every 6 (six) months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect of those the 6 (six) month periods with: (i) 10.3.1. the amount of BID Levy received from the Council by the BID Company; 10.3.2. the amount received by the BID Company from Contributors and excluding BID Levy Payers; (ii) the 10.3.3. The total expenditure of the BID Company. 11.410.4. Within 1 (one) month one month, or such other period as the parties may agree, from the start date of this Agreement the parties shall agree the dates when there will be meetings of the Monitoring Group and there will be at least two such meetings in the first Financial Year of the BID Term, Term and two for the parties shall set up remainder of the Monitoring Group. 11.5. The BID Term and on all other occasions further meetings of the Monitoring Group shall meet be arranged by the service of written notice by either party on the other such notice to be provided no less than quarterly 28 (twenty eight) days prior to the date of the proposed meeting (or lesser if otherwise agreed or in any one cases of emergency) and provided further that such meetings can be dispensed with altogether upon the written agreement of both the Council and the BID YearCompany. 11.610.5. At each meeting, meeting the Monitoring Group shall: (i) Review 10.5.1. review the effectiveness of the collection and enforcement of the BID Levy; and (ii) 10.5.2. If required by either party review and assess the information provided by the parties regarding pursuant to Clauses 10.2 and 10.3 above and make recommendations provided they are permitted by the progress being made in achieving Regulations and the aims set out in terms of this Agreement. 10.6. Within 2 (two) months after the end of each Financial Year (for the duration of the Bid Term) the Council shall provide an Annual Report to the BID Business PlanCompany. 11.710.7. Within 1 (one) month after from the date of the end receipt of the Financial Year, the Council shall provide the Annual Report to in each financial year (for the BID Company 11.8. The duration of the Bid Term) the BID Company shall provide the a BID Company Report to the Council two weeks prior to the Annual General Meeting of the BID Directors and MembersCouncil. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to 10.1 Within 1 (one) month from the information outlined in clauses 7.4 and 7.5, every quarter during Ballot Result Date the parties shall set up the Monitoring Group meeting. 10.2 Each month (for the duration of BID Term, ) the Council shall provide the BID Company with a breakdown ofwith: (i) the amount of the BID Levy for each individual BID Levy Payer; (ii) the amount of the BID Levy collected in relation to for each BID Levy Payer; (iii) details, together with the outstanding unpaid sum) details of those BID Levy Payers who have not paid the BID Levy during the course Levy;. (iv) Details of that monthReminder Notices issued; (v) details of Liability Orders made or applied for; (vi) details of an agreement made, PROVIDED THAT this clause shall not apply to the provision of any Personal Data other than that which if any, between the Council may provide pursuant to the Regulations 11.2. The and a BID Company shall request information Levy Payer where it has been agreed that payment of a Demand Notice can be made over a period of 6 (six) months or more from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold date of such informationDemand Notice. 11.3. 10.3 Upon the expiry of the sixth month of the BID Term and every 6 (six) months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect of those the 6 (six) month periods with: (i) 10.3.1 the amount of BID Levy received from the Council by the BID Company; 10.3.2 the amount received by the BID Company from Contributors and excluding BID Levy Payers; (ii) 10.3.3 the total expenditure of the BID Company. 11.4. 10.4 Within 1 (one) one month from the start Ballot Result Date the parties shall agree the dates when there will be meetings of the Monitoring Group and there will be at least four such meetings in the first Financial Year of the BID Term, ) and two for the parties shall set up remainder of the Monitoring Group. 11.5. The BID Term and on all other occasions further meetings of the Monitoring Group shall meet be arranged by the service of written notice by either party on the other such notice to be provided no less than quarterly 28 (twenty eight) days prior to the date of the proposed meeting (or lesser if otherwise agreed or in any one cases of emergency) and provided further that such meetings can be dispensed with altogether upon the written agreement of both the Council and the BID YearCompany. 11.6. 10.5 At each meeting, meeting the Monitoring Group shall: (i) Review 10.5.1 review the effectiveness of the collection and enforcement of the BID Levy; and (ii) 10.5.2 if required by either party review and assess the information provided by the parties regarding pursuant to Clauses 10.2 and 10.3 above and make recommendations, provided they are permitted by the progress being made in achieving Regulations and the aims set out in terms of this Agreement. 10.6 Within 2 (two) months after the end of each Financial Year (for the duration of the BID Business PlanTerm) the Council shall provide an Annual Report to the BID Company. 11.7. 10.7 Within 1 (one) month after from the date of the end receipt of the Financial Year, the Council shall provide the Annual Report to in each financial year (for the duration of the BID Company 11.8. The Term) the BID Company shall provide the a BID Company Report to the Council two weeks prior to the Annual General Meeting of the BID Directors and MembersCouncil. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to 9.1 By 1st October 2021 the information outlined in clauses 7.4 parties shall set up the Monitoring Group. 9.2 By 31st October 2021 and 7.5, every quarter during month thereafter (for the duration of BID Term, ) the Council shall provide the BID Company with a breakdown ofwith: (i) the amount of the BID Levy Xxxx collected for each individual BID Levy Payer; and (ii) the BID Levy collected in relation to each BID Levy Payer (iii) details, together with the outstanding unpaid sum) details of those BID Levy Payers who have not paid the BID Levy during the course of that month, PROVIDED THAT this clause shall not apply to the provision of any Personal Data other than that which the Council may provide pursuant to the Regulations 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such informationXxxx. 11.3. Upon the expiry of the sixth month of the BID Term 9.3 By 31st October 2021 and every 6 (six) 3 months thereafter (for the duration of the BID Term) the BID Company Council shall provide the Council in respect of those 6 (six) month periods BID Company with: (i) the amount received by the BID Company from Contributors and BID Levy Payersdetails of Reminder Notices issued; (ii) details of Liability Orders made or applied for; (iii) details of agreements made, if any, between the total expenditure Council and BID Levy Payers where it has been agreed that payment of a Demand Notice can be made over a period of 3 months or more from the date of such Demand Notice. 9.4 By 1st October 2021 the parties shall agree the dates when there will be meetings of the BID Company. 11.4. Within 1 Monitoring Group and there will be at least 2 such meetings in each Financial Year (one) month from throughout the start duration of the BID Term, ) and on all other occasions further meetings of the parties shall set up the Monitoring Group. 11.5. The Monitoring Group shall meet be arranged by the service of written notice by either party on the other such notice to be provided no less than quarterly 28 days prior to the date of the proposed meeting (or lesser if otherwise agreed or in any one cases of emergency) and provided further that such meetings can be dispensed with altogether upon the written agreement of both the Council and the BID Year.Company 11.6. 9.5 At each meeting, meeting the Monitoring Group shall: (i) Review 9.5.1 review the effectiveness of the collection and enforcement of the BID LevyXxxx; and (ii) 9.5.2 if required by either party review and assess the information provided by the parties regarding pursuant to Clauses 9.2 and 9.3 above and make recommendations provided they are permitted by the progress being made in achieving Regulations and the aims set out in the BID Business Planterms of this Agreement. 11.7. 9.6 Within 1 (one) month 2 months after the date of the end of each Financial Year (and within 2 months after the Financial Yeartermination of the BID, howsoever effected) the Council shall provide the an Annual Council Report to the BID Company. 11.8. The 9.7 Within 1 month from the date of receipt of the Annual Council Report in each Financial Year (including within 1 month after receipt of the Annual Council Report provided following termination of the BID) the BID Company shall provide the an Annual BID Company Report to the Council two weeks prior to the Annual General Meeting of the BID Directors and MembersCouncil. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.

Appears in 1 contract

Samples: Business Improvement District Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to 8.1 Within one calendar month of the information outlined in clauses 7.4 and 7.5, every quarter during Commencement Date the parties shall set up the BID TermMonitoring Group. This group shall include representatives from the Council’s Business Investment Team, and the Council Head of Business Operations of the Company. 8.2 Within one calendar month of the Commencement Date the parties shall provide agree the BID Company with a breakdown of: (i) the amount dates for monthly meetings of the BID Levy for each individual BID Levy Payer (ii) the BID Levy collected in relation to each BID Levy Payer (iii) details, together with the outstanding unpaid sum) of those BID Levy Payers who have not paid the BID Levy during the course of that month, PROVIDED THAT this clause shall not apply to the provision of any Personal Data other than that which the Council may provide pursuant to the Regulations 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such information. 11.3. Upon the expiry of the sixth month of the BID Term and every 6 (six) months thereafter (for Monitoring Group throughout the duration of the BID Term) . The meetings shall be known as “BID Monitoring Meetings. 8.3 At each BID Monitoring Meeting, the BID Company shall provide the Council in respect of those 6 (six) month periods with: (i) the amount received by the BID Company from Contributors and BID Levy Payers; (ii) the total expenditure of the BID Company. 11.4. Within 1 (one) month from the start of the BID Term, the parties shall set up the Monitoring Group. 11.5. The Monitoring Group shall meet no less than quarterly in any one BID Year. 11.6. At each meeting, the Monitoring Group shall: (i) Review review the effectiveness of the collection and enforcement of the BID Levy; andand note any amounts to be written off; (ii) If required by either party, review and assess the information provided by the parties regarding pursuant to clauses 8.4, 8.5 and 8.6 below and make recommendations (consistent with the progress being made in achieving Regulations) as to the aims set out in terms of this Agreement and the BID Business PlanProposals. 11.7. Within 1 (one) month after 8.4 During the date of the end of the Financial YearBID Term, the Council shall provide the Annual Report Company with a statement detailing the amount of BID Levy collected, the collection percentage, a list of unpaid accounts and any written off amounts, with such statements to be provided to the Company within 10 working days of the end of each quarter (30th June, 30th September, 31st December and 31st March) of each Financial Year of the BID CompanyTerm. 11.8. The 8.5 Upon the expiry of the 6th month of the BID Term, and every 6 months thereafter for the duration of the BID Term, the Company shall provide the Council (in respect of those 6-month periods) with: (i) the amount received by the Company from Contributors and BID Levy Payers for the 6-month period and to date; (ii) the total expenditure of the Company for the 6-month period and to date; (iii) an analysis of income and expenditure for the 6-month period; (iv) an overall summary and progress report of the main schemes and their achievements compared to the objectives of the Company for the 6- month period and to date. 8.6 Each year for the duration of the BID Term, the Company shall provide the BID Company Report to the Council two weeks prior with such report to be provided within 1 month of the Annual General Meeting Company having filed its annual accounts with Companies House. 8.7 The BID Head of Business Operations will meet with a senior representative of the Council’s Business Investment Team on a monthly basis for the duration of the BID Directors and MembersTerm, in order to maintain an operational relationship between the two organisations. 11.9. 8.8 The Company will share all of its board papers and minutes with a senior representative of the Council’s Business Investment Team, or such other officer as the Council may nominate, who will provide also be entitled to act as observer at least one, and no more than two, representatives to the Board meetings of the BID Board. Any such board papers and minutes shall be provided to the Council’s nominated officer at the same time they are provided to the Company. ’s board members. 8.9 The Council Company shall send suitable senior representatives will be non-voting advisory members to attend a meeting of the Board. 11.10. Within 60 days Council's Overview and Scrutiny Committee on an annual basis, in order to to discuss the work of a successful ballot to establish the BID, the BID Company and the progress of delivering the BID Proposals. 8.10 The Council will enter into a Service Level Agreement which will define in more detail matters related may from time to collection and enforcement time throughout the duration of this agreement undertake an audit of the levy Company's financial and any other details related to the operation of the BID including staffing and accommodation governance arrangements, as and the Company shall comply with all reasonable requests for information and assist the Council in respect of any such audit. The Company shall procure that where required, its accountant assists and co-operates with any audit carried out by the Council.

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to the information outlined in clauses 7.4 and 7.5, every quarter during 9.1 Within 21 working days of a request by the BID Company (such requests not to exceed one request per calendar month for the duration of BID Term, ) the Council Authority shall provide the BID Company with a breakdown ofthe following information in respect of the relevant period: (i) the amount of the BID Levy for each individual BID Levy Payer; (Northgate will be a net figure of arrears outstanding) (ii) the amount of the BID Levy Xxxx collected in relation to for each BID Levy Payer; (iii) details, together with the outstanding unpaid sum) details of those BID Levy Xxxx Payers who have not paid the BID Xxxx; iv) details of Reminder Notices issued; v) details of Liability Orders made or applied for; vi) details of agreement made, if any, between the Authority and BID Levy during the course Payers where it has been agreed that payment of that month, PROVIDED THAT this clause shall not apply to the provision a Demand Notice can be made over a period of any Personal Data other than that which the Council may provide pursuant to the Regulations 11.2. The BID Company shall request information 3 (three) months or more from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold date of such informationDemand Notice. 11.3. Upon 9.2 As soon as reasonably practical following the expiry Ballot Result Date the parties shall form the Monitoring Group and agree the dates when there will be meetings of the sixth month of the BID Term and every 6 Monitoring Group (six) months thereafter (for to be at least two such meetings in each Financial Year throughout the duration of the BID Term) and on all other occasions further meetings of the BID Company Monitoring Group shall provide the Council in respect of those 6 (six) month periods with: (i) the amount received be arranged by the BID Company from Contributors and BID Levy Payers; (ii) the total expenditure service of the BID Companywritten notice by either party. 11.4. Within 1 (one) month 9.3 The Monitoring Group meetings shall, as a minimum, be attended by one representative from each Party and the start Monitoring Group shall at all times act in accordance with any agreed terms of the BID Term, the parties shall set up reference of the Monitoring Group. 11.5. The Monitoring Group shall meet no less than quarterly in any one BID Year. 11.6. 9.4 At each meeting, meeting the Monitoring Group shall: (i) Review 9.4.1 review the effectiveness of the collection and enforcement of the BID LevyXxxx; and (ii) 9.4.2 if required by either party review and assess the information provided by the parties regarding in accordance with this Agreement. 9.5 Within 3 (three) months after the progress being made in achieving end of each Financial Year (for the aims set out in duration of the Bid Term) the Authority shall provide an Annual Report to the BID Business PlanCompany. 11.7. 9.6 Within 1 (one) month after from the date of the end receipt of the Financial Year, the Council shall provide the Annual Report to in each Financial Year (for the BID Company 11.8. The duration of the Bid Term) the BID Company shall provide the a BID Company Report to the Council two weeks prior Authority. 9.7 The BID Revenue Account will be subject to the Annual General Meeting normal internal and external audit arrangements of the BID Directors and Members. 11.9Authority. The Council Authority will provide at least one, and no more than two, representatives make available to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and its appointed auditors such information as is reasonably requested by the Council will enter into a Service Level Agreement which will define in more detail matters related BID Company and its appointed auditors subject to collection and enforcement of the levy and any other details related legislative or regulatory restrictions applicable to the operation Authority which would restrict the provision of the BID including staffing and accommodation arrangements, as requiredsuch information.

Appears in 1 contract

Samples: Bid Levy Operating Agreement

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Accounting Procedures and Monitoring. 11.1. In addition to 10.1 Within 1 (one) month from the information outlined in clauses 7.4 and 7.5, every quarter during Ballot Result Date the parties shall set up the Monitoring Group meeting. 10.2 Each month (for the duration of BID Term, ) the Council shall provide the BID Company with a breakdown ofwith: (i) the amount of the BID Levy for each individual BID Levy Payer; (ii) the amount of the BID Levy collected in relation to for each BID Levy Payer; (iii) details, together with the outstanding unpaid sum) details of those BID Levy Payers who have not paid the BID Levy during the course Levy;. (iv) Details of that monthReminder Notices issued; (v) details of Liability Orders made or applied for; (vi) details of an agreement made, PROVIDED THAT this clause shall not apply to the provision of any Personal Data other than that which if any, between the Council may provide pursuant to the Regulations 11.2. The and a BID Company shall request information Levy Payer where it has been agreed that payment of a Demand Notice can be made over a period of 6 (six) months or more from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold date of such informationDemand Notice. 11.3. 10.3 Upon the expiry of the sixth month of the BID Term and every 6 (six) months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect of those the 6 (six) month periods with: (i) 10.3.1 the amount of BID Levy received from the Council by the BID Company; 10.3.2 the amount received by the BID Company from Contributors and excluding BID Levy Payers; (ii) the total expenditure of the BID Company. 11.4. Within 1 (one) month from the start of the BID Term, the parties shall set up the Monitoring Group. 11.5. The Monitoring Group shall meet no less than quarterly in any one BID Year. 11.6. At each meeting, the Monitoring Group shall: (i) Review the effectiveness of the collection and enforcement of the BID Levy; and (ii) review and assess the information provided by the parties regarding the progress being made in achieving the aims set out in the BID Business Plan. 11.7. Within 1 (one) month after the date of the end of the Financial Year, the Council shall provide the Annual Report to the BID Company 11.8. The BID Company shall provide the BID Company Report to the Council two weeks prior to the Annual General Meeting of the BID Directors and Members. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to 10.1 Within 1 (one) month from the information outlined in clauses 7.4 and 7.5, every quarter during Ballot Result Date the parties shall set up the Monitoring Group meeting. 10.2 Each month (for the duration of BID Term, ) the Council shall provide the BID Company with a breakdown ofwith: (i) the amount of the BID Levy for each individual BID Levy PayerPayer with PDF copies of BID Levy Demand Notices (ii) the amount of the BID Levy collected in relation to for each BID Levy Payer; (iii) details, together with the outstanding unpaid sum) details of those BID Levy Payers who have not paid the BID Levy during the course Levy; (iv) Details of that monthReminder Notices issued; (v) details of Liability Orders made or applied for; (vi) details of an agreement made, PROVIDED THAT this clause shall not apply to the provision of any Personal Data other than that which if any, between the Council may provide pursuant and a BID Levy Payer where it has been agreed that payment of a Demand Notice can be made over a period of 6 (six) months or more from the date of such Demand Notice. (vii) Council will undertake a due diligence process to reduce credit balances on the Regulations 11.2BID Revenue Account at least once per Chargeable Period. The process may involve reminders to generate refund claims and transferring BID Company shall request information Levy overpayments from the Council that it considers relevant BID Revenue Account to their business offset against NNDR debt or other BID or rate liabilities within audit guidelines and the Council shall consider disclosure and shall not unreasonably withhold such informationpotentially credit Write Backs. 11.3. Upon 10.3 After the expiry of first six (6) months from the sixth month commencement date of the BID Term and every 6 (six) months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect of those the relevant 6 (six) month periods with: (i) 10.3.1 the amount of BID Levy received from the Council by the BID Company; 10.3.2 the amount received by the BID Company from Contributors and excluding BID Levy Payers; (ii) 10.3.3 the total expenditure of the BID Company. 11.4. 10.4 Within 1 (one) one month from the start Ballot Result Date the parties shall agree the dates when there will be meetings of the Monitoring Group and there will be at least four such meetings in the first Financial Year of the BID Term, Term and one per Financial Year for the parties shall set up remainder of the Monitoring Group. 11.5. The BID Term and on all other occasions further meetings of the Monitoring Group shall meet be arranged by the service of written notice by either party on the other such notice to be provided no less than quarterly 28 (twenty eight) days prior to the date of the proposed meeting (or lesser if otherwise agreed or in any one cases of emergency) and provided further that such meetings can be dispensed with altogether upon the written agreement of both the Council and the BID YearCompany. 11.6. 10.5 At each meeting, meeting the Monitoring Group shall: (i) Review 10.5.1 review the effectiveness of the collection and enforcement of the BID Levy; and (ii) 10.5.2 if required by either party review and assess the information provided by the parties regarding pursuant to Clauses 10.2 and 10.3 above and make recommendations, provided they are permitted by the progress being made in achieving Regulations and the aims set out in the BID Business Planterms of this Agreement. 11.7. 10.6 Within 1 2 (onetwo) month months after the date of the end of each Financial Year (for the Financial Year, duration of the BID Term) the Council shall provide the an Annual Report to the BID CompanyCompany to be issued on around 31 March. 11.8. The 10.7 No later than three (3) months from the date of receipt of the Annual Report in each Financial Year (for the duration of the BID Term) the BID Company shall provide the a BID Company Report to the Council two weeks prior to the Annual General Meeting of the BID Directors and Members. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.Council.‌

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to the information outlined in clauses 7.4 and 7.5, every quarter during the BID Term, the Council shall provide the BID Company with a breakdown of: (i) the amount of the BID Levy for each individual BID Levy Payer (ii) the BID Levy collected in relation to each BID Levy Payer (iii) details, together with the outstanding unpaid sum) of those BID Levy Payers who have not paid the BID Levy during the course of that month, PROVIDED THAT this clause shall not apply to the provision of any Personal Data other 10.1 No later than that which the Council may provide pursuant to the Regulations 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such information. 11.3. Upon the expiry of the sixth month of the BID Term and every 6 (six) months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect of those 6 (six) month periods with: (i) the amount received by the BID Company from Contributors and BID Levy Payers; (ii) the total expenditure of the BID Company. 11.4. Within 1 (one) month from after 1st April 2017 the start Council and BID Company shall form the Monitoring Group 10.2 The Monitoring Group will meet in February of each year during the BID Term to discuss the BID Company’s financial plans for the next following Financial Year, including consideration of the level of the Collection Charges and of any contingency against non-collection of the BID Term, Levy. It will then meet again in September of each year during the parties shall set up BID Term to discuss progress against the plans discussed at the meeting of the Monitoring Group. 11.5Group in the immediately preceding February. The On all other occasions further meetings of the Monitoring Group shall meet be arranged and held following the service of written notice by either party on the other, such notice to be provided no less than quarterly 28 (twenty eight) days prior to the date of the proposed meeting (or less if otherwise agreed or in any one cases of emergency) and provided further that such meetings can be dispensed with altogether upon the written agreement of both the Council and the BID Year.Company 11.6. 10.3 At each meeting, meeting the Monitoring Group shall: (i) Review review the effectiveness of the collection and enforcement of the BID Levy; (ii) if required, review and assess information provided by the BID Company to the Council pursuant to Clauses 10.5 and make any recommendations for implementation as may be agreed (and which are permitted by the Regulations and the terms of this Agreement); and (iiiii) review and assess the information provided by the parties regarding the progress being made in achieving the aims set out in payments due to the BID Business Plan.Company 11.7. 10.4 Within 1 3 (onethree) month after the date months of the end of the each Financial Year, Year the Council shall provide the Annual Report to the BID Company 11.8. The Company and the BID Company shall provide the BID Company Report to the Council two weeks prior Council. 10.5 The BID Company shall provide to the Annual General Meeting Council such information as it may reasonably require in writing as to income received from contributors other than the BID levy; expenditure by the BID company; and other information reasonably required by the Council to ensure compliance with the Regulations and the Act. Such information shall be provided (if practicable) by the BID Company to the Council within 10 Business Days of the requirement in writing. 10.6 The BID Company shall ensure that all expenditure made or permitted by it of monies received from the Council in respect of the BID Directors and Members. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of Levy is in accordance with the BID Company. The Council representatives will be non-voting advisory members of proposals set out in the Board. 11.10. Within 60 days of a successful ballot Business Proposal (as varied from time to establish the BID, the BID Company time) and the Council will enter into a Service Level Agreement which will define in more detail matters related it shall not pass such monies on to collection and enforcement of the levy and any person for any other details related to the operation of the BID including staffing and accommodation arrangements, as requiredpurposes.

Appears in 1 contract

Samples: Business Improvement District Agreement

Accounting Procedures and Monitoring. 11.1. In addition to 11.1 Within 2 months from the information outlined in clauses 7.4 Operational Date the Council and 7.5, every quarter during BID Company shall form the Monitoring Group. 11.2 Every month for the duration of BID Term, Term the Council shall provide the BID Company with a breakdown of:of:- (i) 11.2.1 the amount of the BID Levy Xxxx for each individual BID Levy Payer; (ii) 11.2.2 the BID Levy Xxxx collected in relation to each BID Levy Payer; 11.2.3 details (iii) details, together with the outstanding unpaid sum) of those BID Levy Payers who have not paid the BID Levy Xxxx during those 2 month; 11.2.4 details of the course of Reminder Notices issued throughout that month, PROVIDED THAT this clause shall not apply to the provision period; and 11.2.5 details of any Personal Data other than that which Summary Warrants obtained or applied for by the Council may provide pursuant to the Regulations 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such informationCouncil. 11.3. Upon the expiry of the sixth month of the BID Term and every 11.3 Every 6 (six) months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect of those 6 (six) month periods withwith the following details: 11.3.1 the total amount of income received from the Contributors (i) the amount received by excluding the BID Company from Contributors and BID Levy Payers;Xxxx); and (ii) 11.3.2 the total expenditure during that 6 month period. 11.4 The Monitoring Group shall meet not less than twice in any one Financial Year and on all other occasions further meetings of the Monitoring Group shall be arranged by the service of written notice by either party on the other, such notice to be provided no less than 28 (twenty eight) days prior to the date of the proposed meeting (or lesser if otherwise agreed or in cases of emergency) and provided further that such meetings can be dispensed with altogether upon the written agreement of both the Council and the BID Company. 11.4. Within 1 (one) month from the start of the BID Term, the parties shall set up the Monitoring Group. 11.5. The Monitoring Group shall meet no less than quarterly in any one BID Year. 11.6. 11.5 At each meeting, meeting the Monitoring Group shall: (i) Review 11.5.1 review the effectiveness of the collection and enforcement of the BID LevyXxxx; and (ii) 11.5.2 if required, review and assess the information provided by the parties regarding the progress being made in achieving the aims set out in Council and the BID Business PlanCompany pursuant to Clauses 11.2 and 11.3 above and make any recommendations for implementation as may be agreed (and which are permitted by the Regulations and the terms of this Agreement). 11.7. 11.6 Within 1 (one) month after from the date of the end of Annual General Meeting the Financial Year, the Council shall provide the Annual Report to the BID Company 11.8. The BID Company shall provide the BID Company Company’s Report to the Council two weeks prior to the Annual General Meeting of the BID Directors and MembersCouncil. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to the information outlined in clauses 7.4 and 7.5, every quarter during 9.1 Within 21 working days of a request by the BID Company (such requests not to exceed one request per calendar month for the duration of BID Term, ) the Council Authority shall provide the BID Company with a breakdown ofthe following information in respect of the relevant period: (i) the amount of the BID Levy for each individual BID Levy Payer; (Northgate will be a net figure of arrears outstanding) (ii) the amount of the BID Levy collected in relation to for each BID Levy Payer; (iii) details, together with the outstanding unpaid sum) details of those BID Levy Payers who have not paid the BID Levy; iv) details of Reminder Notices issued; v) details of Liability Orders made or applied for; vi) details of agreement made, if any, between the Authority and BID Levy during the course Payers where it has been agreed that payment of that month, PROVIDED THAT this clause shall not apply to the provision a Demand Notice can be made over a period of any Personal Data other than that which the Council may provide pursuant to the Regulations 11.2. The BID Company shall request information 3 (three) months or more from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold date of such informationDemand Notice. 11.3. Upon 9.2 As soon as reasonably practical following the expiry Ballot Result Date the parties shall form the Monitoring Group and agree the dates when there will be meetings of the sixth month of the BID Term and every 6 Monitoring Group (six) months thereafter (for to be at least two such meetings in each Financial Year throughout the duration of the BID Term) and on all other occasions further meetings of the BID Company Monitoring Group shall provide the Council in respect of those 6 (six) month periods with: (i) the amount received be arranged by the BID Company from Contributors and BID Levy Payers; (ii) the total expenditure service of the BID Companywritten notice by either party. 11.4. Within 1 (one) month 9.3 The Monitoring Group meetings shall, as a minimum, be attended by one representative from each Party and the start Monitoring Group shall at all times act in accordance with any agreed terms of the BID Term, the parties shall set up reference of the Monitoring Group. 11.5. The Monitoring Group shall meet no less than quarterly in any one BID Year. 11.6. 9.4 At each meeting, meeting the Monitoring Group shall: (i) Review 9.4.1 review the effectiveness of the collection and enforcement of the BID Levy; and (ii) 9.4.2 if required by either party review and assess the information provided by the parties regarding in accordance with this Agreement. 9.5 Within 3 (three) months after the progress being made in achieving end of each Financial Year (for the aims set out in duration of the Bid Term) the Authority shall provide an Annual Report to the BID Business PlanCompany. 11.7. 9.6 Within 1 (one) month after from the date of the end receipt of the Financial Year, the Council shall provide the Annual Report to in each Financial Year (for the BID Company 11.8. The duration of the Bid Term) the BID Company shall provide the a BID Company Report to the Council two weeks prior Authority. 9.7 The BID Revenue Account will be subject to the Annual General Meeting normal internal and external audit arrangements of the BID Directors and Members. 11.9Authority. The Council Authority will provide at least one, and no more than two, representatives make available to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and its appointed auditors such information as is reasonably requested by the Council will enter into a Service Level Agreement which will define in more detail matters related BID Company and its appointed auditors subject to collection and enforcement of the levy and any other details related legislative or regulatory restrictions applicable to the operation Authority which would restrict the provision of the BID including staffing and accommodation arrangements, as requiredsuch information.

Appears in 1 contract

Samples: Bid Levy Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition 10.1 Within 1 (one) month from the Operational Date the Council and BID Company shall form the Monitoring Group which shall consist of: (i) the Company’s Chief Executive and Director of Finance or officer with delegated authority to make decisions for and on behalf of the information outlined in clauses 7.4 Company; and (ii) the Council’s Assistant Director for Regeneration, Corporate Contracts Manager and 7.5, every quarter during BID Xxxx Administrator or such officer with delegated authority to make decisions for and on behalf of the Council. 10.2 Upon request from the BID Company every 1 (one) month (for the duration of BID Term, ) the Council shall can provide the BID Company company with a breakdown of: (i) the amount of the BID Levy Xxxx for each individual BID Levy Payer; (ii) the BID Levy Xxxx collected in relation to each BID Levy Payer; (iii) details, details (together with the outstanding unpaid sum) of those BID Levy Payers who have not paid the BID Levy Xxxx during the course of that month, PROVIDED THAT this clause shall not apply to ; (iv) details of the provision Reminder Notices issued throughout that period; and (v) details of any Personal Data other than that which Liability Orders obtained or applied for by the Council may provide pursuant to the RegulationsCouncil; 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such information. 11.3. Upon the expiry of the sixth month of the BID Term and every 6 (six) 10.3 Every six months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect of those 6 (six) month periods withwith the following details: (i) the total amount of income received by from the Contributors (excluding the BID Company from Contributors and BID Levy Payers;Xxxx); and (ii) the total expenditure of the BID Companyduring that 6 month period. 11.4. Within 1 (one) month from the start of the BID Term, the parties shall set up the Monitoring Group. 11.5. 10.4 The Monitoring Group shall meet no less than quarterly twice in any one Financial Year and on all other occasions further meetings of the Monitoring Group shall be arranged by the service of written notice by either party on the other, such notice to be provided no less than 28 (twenty eight) days prior to the date of the proposed meeting (or lesser if otherwise agreed or in cases of emergency) and provided further that such meetings can be dispensed with altogether upon the written agreement of both the Council and the BID Year.Company 11.6. 10.5 At each meeting, meeting the Monitoring Group shall: (i) Review review the effectiveness of the collection and enforcement of the BID LevyXxxx; and (ii) if required, review and assess the information provided by the parties regarding the progress being made in achieving the aims set out in Council and the BID Business Plan.Company pursuant to Clauses 10.2 and 10.3 above and make any recommendations for implementation as may be agreed (and which are permitted by the Regulations and the terms of this Agreement) 11.7. 10.6 Within 1 (one) month after the date of the end of the Financial Year, Year the Council shall provide the Annual Report to the BID Company 11.8. The 10.7 Within 1 (one) month from the date of receipt of the Annual Report the BID Company shall provide the BID Company Report to the Council two weeks prior to the Annual General Meeting of the BID Directors and Members. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.Council

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.110.1. In addition to Every 12 months (for the information outlined in clauses 7.4 and 7.5, every quarter during duration of the BID Term) or as reasonably required by the BID Company, the Council shall provide the BID Company with a breakdown of: (ia) the total amount collected in respect of the BID Levy for each individual BID Levy PayerLevy; (iib) the BID Levy collected in relation to each BID Levy Payer details (iii) details, together with the outstanding unpaid sum) of those BID Levy Payers who have not paid the BID Levy during the course of that month, PROVIDED THAT this clause shall not apply to the provision those 12 months; (c) Details of any Personal Data other than that which Liability Orders obtained or applied for by the Council may provide pursuant to Council; and (d) details of the Regulations 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such informationamounts recommended for write off as a Bad Debt. 11.310.2. Upon the expiry of the sixth month of the BID Term and every 6 (six) Every 12 months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect of those 6 (six) month periods withwith the following details: (ia) the total amount of income received by from the Contributors (excluding the BID Company from Contributors and BID Levy Payers;Levy); and (iib) the total expenditure of the BID Companyduring that 12 month period. 11.410.3. Within 1 (one) month from the start of the BID Term, the The parties shall set up annually review the Monitoring Group. 11.5. The Monitoring Group operation of this Agreement and shall meet from time to time (no less than quarterly in any one BID Year. 11.6. At each meeting, the Monitoring Group shallonce a quarter) to: (ia) Review review the effectiveness of the collection and enforcement of the BID Levy; and (iib) if required, review and assess the information provided by the parties regarding the progress being made in achieving the aims set out in Council and the BID Business PlanCompany pursuant to clauses 10.1 and 10.2 above and make any recommendations for implementation as may be agreed (and which are permitted by the Regulations and the terms of this Agreement). 11.710.4. Within 1 (one) month three months after the date of the end of the Financial Year, Year the Council shall provide the Annual Report to the BID Company 11.810.5. The Within three months from the date of receipt of the Annual Report the BID Company shall provide the BID Company Report to the Council two weeks prior to the Annual General Meeting of the BID Directors and Members. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.Council

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to 8.1 At the information outlined in clauses 7.4 and 7.5, every quarter during start of the BID Term, Term the parties shall set up the Monitoring Group. 8.2 Every month for the duration of BID Term the Council shall provide the BID Company Body with a breakdown of: (i) the amount of the BID Levy Xxxx for each individual BID Levy Payer; (ii) the BID Levy Xxxx collected in relation to each BID Levy Payer; (iii) details, details (together with the outstanding unpaid sum) of those BID Levy Payers who have not paid the BID Levy Xxxx during the course last month; (iv) details of the Reminder Notices issued throughout that month, PROVIDED THAT this clause shall not apply to the provision period; (v) details of any Personal Data other than that which Liability Orders obtained or applied for by the Council may provide pursuant to the Regulations 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such informationCouncil. 11.3. Upon the expiry of the sixth month of the BID Term and every 6 (six) 8.3 Every six months thereafter (for the duration of the BID Term) Term the BID Company Body shall provide the Council in respect of those 6 (six) month periods withwith the following details: (i) the total amount of income received by from the Contributors (excluding the BID Company from Contributors and BID Levy PayersXxxx); (ii) the total expenditure of the BID Companyduring that 6-month period. 11.4. Within 1 8.4 Following the Commencement Date the parties shall agree the dates for twice yearly Monitoring Group meetings (one) month from throughout the start duration of the BID Term, the parties shall set up the Monitoring Group). 11.5. The Monitoring Group shall meet no less than quarterly in any one BID Year. 11.6. 8.5 At each meeting, meeting the Monitoring Group shall: (i) 8.5.1 Review the effectiveness of the collection and enforcement of the BID LevyXxxx; and (ii) review 8.5.2 Review and assess the information provided by the parties Council and BID Body regarding the progress being made in achieving the aims set out in the Business Plan and the BID Business PlanBody’s aspirations. 11.7. 8.6 Within 1 (one) one month after the date of the end of the Financial Year, Year the Council shall provide the Annual Report to the BID CompanyBody. 11.8. 8.7 The BID Company Body shall provide to the Council a copy of the BID Body Annual Report and BID accounts (as filed at Companies House if applicable). 8.8 The Council and the BID Body shall hold meetings as required to be attended by appropriate representatives of the Council and the BID Body. 8.9 The Council reserves the right to, from time to time throughout the duration of this agreement undertake an Audit of the BID Body’s financial and Governance arrangements and the BID Body shall comply with reasonable requests for information and assist the Council in respect of any Audit and for this purpose the BID Body shall provide the BID Company Report to the Council two weeks prior to the Annual General Meeting within 14 days of the BID Directors completion of this agreement with the name and Membersaddress of its Accountant. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.

Appears in 1 contract

Samples: Bid Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to 10.1 Within 1 (one) month from the information outlined in clauses 7.4 Operational Date the Council and 7.5, every quarter during BID Company shall form the Monitoring Group 10.2 Every 1 (one) month (for the duration of BID Term, ) the Council shall provide the BID Company company with a breakdown of:of:‐ (i) the amount of the BID Levy for each individual BID Levy Payer; (ii) the BID Levy collected in relation to each BID Levy Payer; (iii) details, details (together with the outstanding unpaid sum) of those BID Levy Payers who have not paid the BID Levy during the course of that month, PROVIDED THAT this clause shall not apply to ; (iv) details of the provision Reminder Notices issued throughout that period; and (v) details of any Personal Data other than that which Liability Orders obtained or applied for by the Council may provide pursuant to the RegulationsCouncil; 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such information. 11.3. Upon the expiry of the sixth month of the BID Term and every 6 (six) 10.3 Every six months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect of those 6 (six) month periods withwith the following details: (ia) the total amount of income received by from the Contributors (excluding the BID Company from Contributors and BID Levy Payers;Levy) (iib) the total expenditure of the BID Companyduring that 6 month period. 11.4. Within 1 (one) month from the start of the BID Term, the parties shall set up the Monitoring Group. 11.5. 10.4 The Monitoring Group shall meet no less than quarterly twice in any one Financial Year and on all other occasions further meetings of the Monitoring Group shall be arranged by the service of written notice by either party on the other, such notice to be provided no less than 28 (twenty eight) days prior to the date of the proposed meeting (or lesser if otherwise agreed or in cases of emergency) and provided further that such meetings can be dispensed with altogether upon the written agreement of both the Council and the BID Year.Company 11.6. 10.5 At each meeting, meeting the Monitoring Group shall: (i) Review review the effectiveness of the collection and enforcement of the BID Levy; and (ii) if required, review and assess the information provided by the parties regarding the progress being made in achieving the aims set out in Council and the BID Business Plan.Company pursuant to Clauses 10.2 and 10.3 above and make any recommendations for implementation as may be agreed (and which are permitted by the Regulations and the terms of this Agreement) 11.7. 10.6 Within 1 (one) month after the date of the end of the Financial Year, Year the Council shall provide the Annual Report to the BID Company 11.8. The 10.7 Within 1 (one) month from the date of receipt of the Annual Report the BID Company shall provide the BID Company Report to the Council two weeks prior to the Annual General Meeting of the BID Directors and Members. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.Council

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to 10.1 Within 1 (one) month from the information outlined in clauses 7.4 and 7.5, every quarter during Ballot Result Date the parties shall set up the Monitoring Group meeting. 10.2 Each month (for the duration of BID Term, ) the Council shall provide the BID Company with a breakdown ofwith: (i) the amount of the BID Levy for each individual BID Levy PayerPayer with PDF copies of BID Xxxx Xxxxxx Notices available from an agreed portal (ii) the amount of the BID Levy Xxxx collected in relation to for each BID Levy PayerXxxx Xxxxx; (iii) details, together with the outstanding unpaid sum) details of those BID Levy Payers who have not paid the BID Levy during the course Xxxx;. (iv) Details of that monthReminder Notices issued; (v) details of Liability Orders made or applied for; (vi) details of an agreement made, PROVIDED THAT this clause shall not apply to the provision of any Personal Data other than that which if any, between the Council may and a BID Levy Payer where it has been agreed that payment of a Demand Notice can be made over a period of 6 (six) months or more from the date of such Demand Notice. (vii) Council to take reasonable actions to reduce the credit balances, provide pursuant to the Regulations 11.2. The BID Company shall request information with report showing actions taken 10.3 After the first six (6) months from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such information. 11.3. Upon the expiry of the sixth month commencement date of the BID Term and every 6 (six) months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect of those the relevant 6 (six) month periods with: (i) 10.3.1 the amount of BID Xxxx received from the Council by the BID Company; 10.3.2 the amount received by the BID Company from Contributors and excluding BID Levy Payers; (ii) 10.3.3 the total expenditure of the BID Company. 11.4. 10.4 Within 1 (one) one month from the start Ballot Result Date the parties shall agree the dates when there will be meetings of the Monitoring Group and there will be at least four such meetings in the first Financial Year of the BID Term, ) and two for the parties shall set up remainder of the Monitoring Group. 11.5. The BID Term and on all other occasions further meetings of the Monitoring Group shall meet be arranged by the service of written notice by either party on the other such notice to be provided no less than quarterly 28 (twenty eight) days prior to the date of the proposed meeting (or lesser if otherwise agreed or in any one cases of emergency) and provided further that such meetings can be dispensed with altogether upon the written agreement of both the Council and the BID YearCompany. 11.6. 10.5 At each meeting, meeting the Monitoring Group shall: (i) Review 10.5.1 review the effectiveness of the collection and enforcement of the BID LevyXxxx; and (ii) 10.5.2 if required by either party review and assess the information provided by the parties regarding pursuant to Clauses 10.2 and 10.3 above and make recommendations, provided they are permitted by the progress being made in achieving Regulations and the aims set out in terms of this Agreement. 10.6 Within 2 (two) months after the end of each Financial Year (for the duration of the BID Business PlanTerm) the Council shall provide an Annual Report to the BID Company reflecting the BID Company’s position as at 31st March for the relevant Charging Period. 11.7. 10.7 Within 1 (one) month after from the date of the end receipt of the Financial Year, the Council shall provide the Annual Report to in each financial year (for the duration of the BID Company 11.8. The Term) the BID Company shall provide the a BID Company Report to the Council two weeks prior to the Annual General Meeting of the BID Directors and MembersCouncil. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to 9.1 Within 21 working days of the information outlined in clauses 7.4 end of the quarter (or such lesser period as shall be agreed between the Parties) and 7.5, every quarter during thereafter (for the duration of BID Term, ) the Council shall provide the BID Company with a breakdown ofwith: (i) the amount of the BID Levy for each individual BID Levy Payer; (ii) the amount of the BID Levy collected in relation to for each BID Levy Payer; (iii) details, together with the outstanding unpaid sum) details of those BID Levy Payers who have not paid the BID Levy during the course Levy; (iv) details of that monthReminder Notices issued; (v) details of Liability Orders made or applied for; (vi) details of agreement made, PROVIDED THAT this clause shall not apply to the provision of any Personal Data other than that which if any, between the Council may and BID Levy Payers where it has been agreed that payment of a Demand Notice can be made over a period of 3 (three) months or more from the date of such Demand Notice. 9.2 The Council shall be entitled to recover its reasonable and proper costs from the BID Levy Payer in respect of issuing summons and/or demand notices, obtaining Liability Orders and other legal costs and shall be entitled to retain any sums and/or costs it receives. 9.3 Within one month from the Ballot Result Date the parties shall agree the dates when there will be meetings of the Monitoring Group and there will be at least two such meetings in each Financial Year (throughout the duration of the BID Term) and on all other occasions further meetings of the Monitoring Group shall be arranged by the service of written notice by either party. 9.4 At each meeting the Monitoring Group shall only: 9.4.1 review the effectiveness of the collection and enforcement of the BID Levy; and 9.4.2 if required by either party review and assess information provided by the parties. 9.5 Within 1 (one) month after the end of the financial year (for the duration of the Bid Term) the BID Company shall provide pursuant to the RegulationsCouncil with its pre-audited annual accounts. 11.2. 9.5.1 The BID Company shall request information will arrange the annual audit of the draft annual accounts. This audit will be conducted in a manner acceptable to the Council’s auditors . 9.5.2 Within 1 (one) month from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such information. 11.3. Upon the expiry date of receipt of the sixth month of the BID Term and every 6 (six) months thereafter Annual Report in each financial year (for the duration of the BID Term) the BID Company shall provide the Council in respect of those 6 (six) month periods with: (i) the amount received by the a BID Company from Contributors and BID Levy Payers;Report to the Council 9.6 Within 3 (iithree) the total expenditure of the BID Company. 11.4. Within 1 (one) month from the start of the BID Term, the parties shall set up the Monitoring Group. 11.5. The Monitoring Group shall meet no less than quarterly in any one BID Year. 11.6. At each meeting, the Monitoring Group shall: (i) Review the effectiveness of the collection and enforcement of the BID Levy; and (ii) review and assess the information provided by the parties regarding the progress being made in achieving the aims set out in the BID Business Plan. 11.7. Within 1 (one) month months after the date of the end of each Financial Year (for the Financial Year, duration of the Bid Term) the Council shall provide the an Annual Report to the BID Company 11.8. 9.7 The BID Company shall provide the BID Company Report Revenue Account will be subject to the Council two weeks prior to the Annual General Meeting normal internal & external audit arrangements of the BID Directors and Members. 11.9Council. The Council will provide at least one, and no more than two, representatives make available to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of its appointed auditors such information as requested by the BID including staffing Company and accommodation arrangements, as required.its appointed auditors and that it is able to do so under legislation and regulation

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to 9.1 Within one (1) month from the information outlined in clauses 7.4 Operational Date (or as soon as reasonably practicable thereafter), the Council and 7.5, every quarter during BID Company shall form the Monitoring Group. 9.2 On a quarterly basis (for the duration of BID Term, ) the Council shall provide the BID Company with a breakdown of:of:- (ia) the amount of the BID Levy Xxxx for each individual BID Levy Payer; (iib) the BID Levy Xxxx collected in relation to each BID Levy Payer; (iiic) details, details (together with the outstanding unpaid sum) of those BID Levy Payers who have not paid the BID Levy Xxxx during the course of that month, PROVIDED THAT this clause shall not apply to ; (d) details of the provision Reminder Notices issued throughout that period; and (e) details of any Personal Data other than that which Liability Orders obtained or applied for by the Council may provide pursuant to the Regulations 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such informationCouncil. 11.3. Upon the expiry of the sixth month of the BID Term and every 6 9.3 Every six (six6) months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect of those 6 (six) month periods withwith the following details: (ia) the total amount of income received by from the Contributors (excluding the BID Company from Contributors and BID Levy Payers;Xxxx); and (iib) the total expenditure during that six (6) month period. 9.4 The Monitoring Group shall meet at least once a year and on all other occasions further meetings of the Monitoring Group shall be arranged by the service of written notice by either party on the other, such notice to be provided no less than twenty- eight (28) days prior to the date of the proposed meeting (or lesser if otherwise agreed or in cases of emergency) and provided further that such meetings can be dispensed with altogether upon the written agreement of both the Council and the BID Company. 11.4. Within 1 (one) month from the start of the BID Term, the parties shall set up the Monitoring Group. 11.5. The Monitoring Group shall meet no less than quarterly in any one BID Year. 11.6. 9.5 At each meeting, meeting the Monitoring Group shall: (ia) Review review the effectiveness of the collection and enforcement of the BID LevyXxxx; and (iib) if required, review and assess the information provided by the parties regarding the progress being made in achieving the aims set out in Council and the BID Business PlanCompany pursuant to Clauses 9.2 and 9.3 above and make any recommendations for implementation as may be agreed (and which are permitted by the Regulations and the terms of this Agreement). 11.7. 9.6 Within 1 one (one1) month after the date of the end of the Financial Year, Year the Council shall provide the Annual Report to the BID Company. 11.8. The 9.7 Within one (1) month from the date of receipt of the Annual Report the BID Company shall provide the BID Company Report to the Council two weeks prior to the Annual General Meeting of the BID Directors and MembersCouncil. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.

Appears in 1 contract

Samples: Memorandum of Understanding

Accounting Procedures and Monitoring. 11.1. 10.1 Within 1 (one) month from the Operational Date the Council and BID Company shall form the Monitoring Group 10.2 In addition to the information outlined in clauses clause 7.4 and 7.5of this Agreement, every quarter month during the BID Term, Term the Council shall provide the BID Company with a breakdown of:of:- (i) 10.2.1.1.1 the amount of the BID Levy Xxxx for each individual BID Levy Payer; (ii) 10.2.1.1.2 the BID Levy Xxxx collected in relation to each BID Levy Payer; 10.2.1.1.3 details (iii) details, together with the outstanding unpaid sum) of those BID Levy Payers who have not paid the BID Levy during Xxxx; 10.2.1.1.4 details of the course of Reminder Notices issued throughout that month, PROVIDED THAT this clause shall not apply to the provision period; and 10.2.1.1. 5 details of any Personal Data other than that which the Council may provide pursuant to the Regulations 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such information. 11.3. Upon the expiry of the sixth month of the BID Term and every 6 (six) months thereafter (Liability Orders obtained or applied for the duration of the BID Term) the BID Company shall provide the Council in respect of those 6 (six) month periods with: (i) the amount received by the BID Company from Contributors and BID Levy Payers;Council (ii) the total expenditure of the BID Company. 11.4. Within 1 (one) month from the start of the BID Term, the parties shall set up the Monitoring Group. 11.5. 10.3 The Monitoring Group shall meet no less than quarterly once in any one each Financial Year and on all other occasions as may reasonably be required further meetings of the Monitoring Group shall be arranged by the service of written notice by either party on the other, such notice to be provided no less than 28 days prior to the date of the proposed meeting (or after such lesser period as may otherwise be agreed or in cases of emergency) provided that such meetings can be dispensed with altogether upon the written agreement of both the Council and the BID Year.Company 11.6. 10.4 At each meeting, meeting the Monitoring Group shall: (i) Review 10.4.1.1.1 review the effectiveness of the collection and enforcement of the BID LevyXxxx; and (ii) 10.4.1.1.2 if required, review and assess the information provided by the parties regarding Council pursuant to Clause 10.2 above and make any recommendations for implementation as may be agreed (and which are permitted by the progress being made in achieving Regulations and the aims set out in the BID Business Plan.terms of this Agreement) 11.7. 10.5 Within 1 (one) month after the date of the end of the Financial Year, Year the Council shall provide the Annual Report to the BID Company 11.8. 10.6 The BID Company shall provide the BID Company Report to the Council two weeks prior to the their Annual General Meeting of the BID Directors and Members. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.Meeting

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to 10.1 Within 1 (one) month from the information outlined in clauses 7.4 Operational Date the Council and 7.5, every quarter during BID Company shall form the Monitoring Group 10.2 Every 1 (one) month (for the duration of BID Term, ) the Council shall provide the BID Company company with a breakdown of:of:‐ (i) the amount of the BID Levy Xxxx for each individual BID Levy Payer; (ii) the BID Levy Xxxx collected in relation to each BID Levy Payer; (iii) details, details (together with the outstanding unpaid sum) of those BID Levy Payers who have not paid the BID Levy Xxxx during the course of that month, PROVIDED THAT this clause shall not apply to ; (iv) details of the provision Reminder Notices issued throughout that period; and (v) details of any Personal Data other than that which Liability Orders obtained or applied for by the Council may provide pursuant to the RegulationsCouncil; 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such information. 11.3. Upon the expiry of the sixth month of the BID Term and every 6 (six) 10.3 Every six months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect of those 6 (six) month periods withwith the following details: (ia) the total amount of income received by from the Contributors (excluding the BID Company from Contributors and BID Levy Payers;Xxxx) (iib) the total expenditure of the BID Companyduring that 6 month period. 11.4. Within 1 (one) month from the start of the BID Term, the parties shall set up the Monitoring Group. 11.5. 10.4 The Monitoring Group shall meet no less than quarterly twice in any one Financial Year and on all other occasions further meetings of the Monitoring Group shall be arranged by the service of written notice by either party on the other, such notice to be provided no less than 28 (twenty eight) days prior to the date of the proposed meeting (or lesser if otherwise agreed or in cases of emergency) and provided further that such meetings can be dispensed with altogether upon the written agreement of both the Council and the BID Year.Company 11.6. 10.5 At each meeting, meeting the Monitoring Group shall: (i) Review review the effectiveness of the collection and enforcement of the BID LevyXxxx; and (ii) if required, review and assess the information provided by the parties regarding the progress being made in achieving the aims set out in Council and the BID Business Plan.Company pursuant to Clauses 10.2 and 10.3 above and make any recommendations for implementation as may be agreed (and which are permitted by the Regulations and the terms of this Agreement) 11.7. 10.6 Within 1 (one) month after the date of the end of the Financial Year, Year the Council shall provide the Annual Report to the BID Company 11.8. The 10.7 Within 1 (one) month from the date of receipt of the Annual Report the BID Company shall provide the BID Company Report to the Council two weeks prior to the Annual General Meeting of the BID Directors and Members. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.Council

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.1. 10.1 Within 1 (one) month from the Operational Date the Council and BID Company shall form the Monitoring Group. 10.2 In addition to the information outlined in clauses 7.4 and 7.5, every quarter during month (for the duration of BID Term, ) the Council shall provide the BID Company with a breakdown of:of:- (i) the amount of the BID Levy for each individual BID Levy Payer; (ii) the BID Levy collected in relation to each BID Levy Payer; (iii) details, details (together with the outstanding unpaid sum) of those BID Levy Payers who have not paid the BID Levy during the course of that month, PROVIDED THAT this clause shall not apply to the provision of any Personal Data other than that which the Council may provide pursuant to the Regulations 11.2. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold such information. 11.3. Upon the expiry of the sixth month of the BID Term and every 6 (six) months thereafter (for the duration of the BID Term) the BID Company shall provide the Council in respect of those 6 (six) month periods with: (i) the amount received by the BID Company from Contributors and BID Levy Payersmonths; (iiiv) the total expenditure details of the BID Company.Reminder Notices issued throughout that period; and 11.4. Within 1 (onev) month from details of any Liability Orders obtained or applied for by the start of the BID Term, the parties shall set up the Monitoring Group.Council; 11.5. 10.3 The Monitoring Group shall meet no less than quarterly once in any one Financial Year and on all other occasions further meetings of the Monitoring Group shall be arranged by the service of written notice by either party on the other, such notice to be provided no less than [28 (twenty eight)] days prior to the date of the proposed meeting (or lesser if otherwise agreed or in cases of emergency) and provided further that such meetings can be dispensed with altogether upon the written agreement of both the Council and the BID YearCompany. 11.6. 10.4 At each meeting, meeting the Monitoring Group shall: (i) Review review the effectiveness of the collection and enforcement of the BID Levy; and (ii) if required, review and assess the information provided by the parties regarding Council pursuant to Clause 10.2 above and make any recommendations for implementation as may be agreed (and which are permitted by the progress being made in achieving Regulations and the aims set out in terms of this Agreement). 10.5 Minutes of each meeting of the Monitoring Group shall be sent to such representatives of the Council’s Department of Corporate Strategy as notified to the BID Business PlanCompany. 11.7. 10.6 Within 1 (one) month after the date of the end of the Financial Year, Year the Council shall provide the Annual Report to the BID Company. 11.8. 10.7 The BID Company shall provide the BID Company Report to the Council two weeks prior to the their Annual General Meeting of the BID Directors and Members(this normally takes place in September or October). 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.

Appears in 1 contract

Samples: Operating Agreement

Accounting Procedures and Monitoring. 11.1. In addition to 9.1 Within 1 (one) month from the information outlined in clauses 7.4 and 7.5, every quarter during commencement of the BID Term, term the parties shall set up the Monitoring Group 9.2 Before the end of the end month of the commencement of the BID term and every six months thereafter (for the duration of BID term) the Council shall provide the BID Company with a breakdown ofwith: (i) the amount of the BID Levy levy for each individual BID Levy Payerlevy payer (ii) the amount of the BID Levy levy collected in relation to for each BID Levy Payerlevy payer. (iii) details, together with the outstanding unpaid sum) details of those BID Levy Payers levy payers who have not paid the BID Levy during the course Xxxx (iv) details of that monthxxxxxxxx notices issued. (v) details of liability orders made or applied for (vi) details of agreements made, PROVIDED THAT this clause shall not apply to the provision of any Personal Data other than that which if any, between the Council may provide pursuant to and BID levy payers where it has been agreed that payment of a demand notice can be made over a period of 3 (three) months or more from the Regulations 11.2date of such demand notice. The BID Company shall request information from the Council that it considers relevant to their business and the Council shall consider disclosure and shall not unreasonably withhold will be advised of all such informationarrangements. 11.3. 9.3 Upon the expiry of the sixth month of the BID Term term and every 6 (six) months thereafter (for the duration of the BID Termterm) the BID Company shall provide the Council in respect of those 6 (six) month periods with: (i) 9.3.1 the amount of BID xxxx received from the Council by the BID Company Company 9.4 Within one month from Contributors the commencement of the BID term, the parties shall agree the dates when there will be meetings of the monitoring group and there will be at least two such meetings in each financial year (throughout the duration of the BID Levy Payers; term) and on all other occasions further meetings of the monitoring group shall be arranged by the service of written notice by either party on the other such notice to be provided no less than 28 (iitwenty-eight) days prior to the total expenditure date of the proposed meeting (or less if otherwise agreed or in cases of emergency) and provided further that such meetings can be dispensed with altogether upon the written agreement of both the Council and the BID Company. 11.4. Within 1 (one) month from the start of the BID Term, the parties shall set up the Monitoring Group. 11.5. The Monitoring Group shall meet no less than quarterly in any one BID Year. 11.6. 9.5 At each meeting, meeting the Monitoring Group monitoring group shall: (i) Review 9.5.1 review the effectiveness of the collection and enforcement of the BID Levylevy; and (ii) 9.5.2 if required by either party review and assess the information provided by the parties regarding pursuant to Clauses 9.2 and 9.3 above and make recommendations provided, they are permitted by the progress being made in achieving regulations and the aims set out in terms of this agreement. 9.6 Within 2 (two) months after the end of each financial year (for the duration of the BID Business Plan.term) the Council shall provide an annual fiscal statement to the BID Company 11.7. 9.7 Within 1 (one) month after from the date of the end receipt of the Financial Year, annual report in each financial year (for the Council shall provide the Annual Report to duration of the BID Company 11.8. The term) the BID Company shall provide the a BID Company Report company report to the Council two weeks prior to the Annual General Meeting of the BID Directors and Members. 11.9. The Council will provide at least one, and no more than two, representatives to the Board of the BID Company. The Council representatives will be non-voting advisory members of the Board. 11.10. Within 60 days of a successful ballot to establish the BID, the BID Company and the Council will enter into a Service Level Agreement which will define in more detail matters related to collection and enforcement of the levy and any other details related to the operation of the BID including staffing and accommodation arrangements, as required.Council

Appears in 1 contract

Samples: Operating Agreement

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