Ordinary Council Meeting
13 MARCH 2013
CHIEF EXECUTIVE OFFICER
ATTACHMENTS
ITEM NO SUBJECT PAGE 12.1.1.1 Copy of MOU with Arts Margaret River 1-8 12.1.1.2 Cultural Facilities Directions 2012-14
Department Culture and the Arts Policy Document 9-18 12.1.1.3 Letter from Arts Margaret River terminating contract with the Shire 19 12.1.2.1 Letter requesting funding from Australian Regional Tourism Network 20-22
SHRE OF AUGUAMARGARET RIVER
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OPERATOS
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CONTENTS
THIS MEMORANDUM OF UNDERSTANDING is made on 1 July 2010
BETWEEN:
The Shire of Augusta-Margaret River ('the Shire)
PO Box 61, Margaret River, WA, 6285
ANDArts Margaret River Incorporated ('the Association')
PO Box 43, Margaret River, WA, 6285
BACKGROUND
Strategic LinkagesThe Shire's Thriving Communities - Strategic Plan for the Future 2009 to 2019 recognises theimportance of Stronger Communities which are Culturally Active. Key actions identified to supportthese themes include development and maintenance of partnerships to enhance outcomes within arts,culture, and facility management.
Arts Margaret River is an independent volunteer-based organisation that has provided arts andcultural services to shire residents and visitors over the last three years under a Memorandum ofUnderstanding with the Shire. These services have centred upon event booking and management andthe general operations of the MRCC, and have been supported by financial and in-kind contributionsfrom the Shire.
This revised MOU has been developed to clarify areas of responsibility, levels of support, and mutualunderstanding between the Association and Shire in order to ensure Key Result Areas continue tofacilitate the provision of customer support and administrative services for the MRCC, and theatricaltechnical management for MRCC and other facilities as required.
This agreement will operate for a period 3 years from its date of execution by the parties; with theoption to review at any time during this period.
Margaret River Cultural CentreThe Shire owned Margaret River Cultural Centre is the premier arts and cultural space within theshire, located at Lot 41, Wallcliffe Road.
The primary function of the MRCC is to serve as an affordable and appropriately maintained facility forthe production of cultural events and other community based activities. This function provides a basisfor the community to perceive "ownership and pride" in the venue for long term social benefits.
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PART 1
1. Definitions
2. In this MOU, unless the context otherwise requires:
`Association' means the Arts Margaret River Inc.
'Shire' means the Shire of Augusta-Margaret River as a local government body and itsofficers;
`shire' means the locality of Augusta-Margaret River in a geographical context.
'CEO' means the Chief Executive Officer of the Shire of Augusta-Margaret River
`Council' refers to the body of publicly elected officials (Councillors) that represent theresidents of the shire.
'MOU' means this Memorandum of Understanding.
`MRCC' means the Margaret River Cultural Centre.
3. The starting date for the term is 1 July 2010
The finishing date for the term is 30 June 2013
4. The Association agrees to:
(a) Provide services consistent with the achieving of the objectives as described inSchedules A and B of this MOU, subject to the terms and conditions below.
(b) Prepare for the CEO, an Annual Report on the operational and financialperformance of the MRCC. Information is to include:
(i) Information relating to the activities and programs conducted for the givenperiod;
(ii) Details of volunteer and staff training conducted;
(c) Liaise with Shire staff as requested to assist in identifying on-going businessopportunities to suit the needs of the community.
(d) Meet on a monthly basis with relevant Shire officers including:
(i) Recreation Services Manager - to review and discuss infrastructure andoperational needs of the MRCC.
(ii) Manager Community Development - to review and discuss arts andcultural matters, as well as any intended redirection or changes in theaims, objectives or activities of this Agreement.
(e) Assets purchased by the Association with the funds from this MOU becoming theproperty of the Shire for the agreed purpose.
(f) Not during the term make any structural alterations to the MRCC without thewritten consent of the CEO.
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(g) Ensure that staff (either paid or volunteer) are appropriately qualified, experiencedand trained for the task they are required to do.
(h) Make available as a priority the use of the MRCC for emergency evacuation /welfare purposes.
(i) Develop and maintain a high level of customer service to ensure a positive andprofessional image of the MRCC is provided at all times.
(j) Conduct business in accordance with the laws of Western Australia.
5. The Shire agrees to:
Provide the Association with the following support / contributions:
(a) In-Kind Support
(i) Provision of rent free office space accommodation within the MRCC forthe term of this MOU
(ii) Officer advice and support to assist the effective and efficient operation ofthe MRCC and to enhance outcomes with relation to arts and culturalinitiatives as required.
(b) Financial Contribution - Administration
(i) Provision of an annual financial contribution of $30,000 (exclusive ofGST) for the term of this MOU in exchange for assistance with Arts andCultural Services as outlined in Schedule A. Payment to occur by theend of October each year.
(ii) Annual financial contribution to be indexed to the annual June (CapitalCities, Perth), "All Groups" CPI.
(c) Theatrical Technical Services Funding
(i) The Shire will contribute an annual amount of $25,000 (exclusive of GST)to support theatrical technical services related to arts and culturalactivities within Shire owned facilities, as outlined in Schedule B.Payment to occur directly to contractors on an ongoing basis as per theprocess outlined below.
(ii) It should be noted that this contribution does not constitute a directpayment to the Association, but moreover a contribution regardingtheatrical technical support for the benefit of the wider community.
(iii) Arts Margaret River to provide the Shire's Personal Assistant Corporateand Community Services with contact details of regular technical supportcontractors;
(iv) Arts Margaret River to request a Purchase Order Number from theShire's Personal Assistant Corporate and Community Services prior topurchase of goods / engagement of services.
(v) Upon request from the Shire, Arts Margaret River to certify that theatricaltechnical service invoices are correct and appropriate.
(vi) The Shire will directly pay contractor invoices; and will provide theAssociation with a monthly financial report to assist with tracking offinancials.
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(vii) In the likelihood that this funding being fully expended prior to the end offinancial year, a meeting will be convened between both parties todiscuss an appropriate course of action.
(d) On behalf of the Shire, the CEO shall retain ultimate control of the MRCC bookingsand where considered reasonable, reserve the right to cancel any bookings made.
(e) Provide maintenance to the facility in accordance with the Shire's assetmanagement program.
(f) Attend monthly meetings with the Association to review and discuss operations ofthe MRCC.
6. Termination
Termination of this MOU may occur with 90 days written notice by either party, and with
reasons given in writing, for the termination.
7. Alterations to this MOU
This MOU may be varied or replaced only by agreement in writing signed by the parties and
only after referral to the Council for review and final agreement.
8. Dispute resolution
In relation to any matter that may be in dispute between them, the parties:
(a) will attempt to resolve the matter at CEO level, or by a person or committee
authorised or delegated by each Council for that purpose, meeting and conferring
on the matter;
(b) will allow either party to refer the matter to mediation (such as with the Institute of
Arbitrators and Mediators Australia (www.iama.org.au)) if the matter cannot be
resolved under paragraph;
(c) if either party refers the matter to mediation, both parties will participate in the
mediation process in good faith;
(d) acknowledge the right of either party to appoint, in writing, another person to act on
behalf of the party in relation to the mediation process; and
(e) each party will jointly meet the cost of the mediation, but where an advisor is used
by either party, that party will be responsible for meeting the cost of the advisor.
(f) The CEO is to report to Council on any matters of dispute.
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9. Notices
The provisions of Part 9, Division 3 of the Local Government Act 1995 relating to the giving
of documents will apply to the giving of any notice or communication under this MOU.
Signed by the parties
Name
kr of the Associa io Presi e t (print) Ql c/2'i (AJ^
Signature of the Assocjation
The Common Seal of the Shire of Augusta-
Margaret River was affixed in the presence of
Name of Shire President (print)
Name of Chief Executive Officer (print)
Si ure of Chief Executive Officer
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Schedule A
VisionTo maintain and develop customer and administrative services for a viable community owned andoperated Cultural Centre that provides opportunities for diverse use from both local and outsideorganisations.
IntroductionThe need for customer service, a booking agency, the provision of an efficient and safe environmentfor users and the generation of ownership and pride by the community in the MRCC has beenconsidered as part of this Schedule, derived from consultation with Arts Margaret River, communitymembers and the Shire.
Events held at the MRCC are either staged by the Association ("buy-in's") or run independently of theAssociation ("hire-ins") In the case of "hire-in's" the Association will be responsible for booking of theMRCC.
The contracting out of these services to a suitably experienced group is also complemented by themanagement of theatrical technical services as outlined in Schedule B.
Strategy to be implemented for Customer and Administrative Services.
The Association will occupy the designated, purpose designed office in the foyer of the MRCC, rentfree for a period of 3 years. All furnishing of this area is at the Associations expense and all equipmentremains the property of the Association.
The Association shall:1. Maintain responsibility for ensuring the MRCC office is staffed for a minimum of 30 hours per
week.2. Ensure all event and production requirements are booked, contracted and managed in a
professional manner in keeping with both the client's and the Shire's objectives, including:a. Assist in arranging advertising and promotion of buy-in events. The Association may
at its discretion assist with advertising and promotion of hire-in eventsb. Oversee Box Office on all matters of event bookings, ticket distribution and sales for
buy-in events. The Association may at its discretion assist with advertising andpromotion of hire-in events if requested to do so.
3. Provide written instructions to the Shire regarding payments / invoicing related to facility userequiring attention by the Shire.
4. Assist the Recreation Services Manager and the Manager Community Development todevelop short, medium and long term goals for the MRCC.
5. Maintain an awareness of contemporary venue management, be an active member of CircuitWest, APACA and Long Paddock and consideration is to be given toward attending biannualmeetings.
6. Train, induct and coach any staff / volunteers on customer service for each "buy- in" event;and each "hire-in" event if requested to do so.
7. Maintain the structural integrity of the MRCC and ensure that defects and maintenance itemsare attended to as a priority (in consultation with the Recreation Services Manager).
8. Work with the Shire's relevant Safety Officer to:a. Implement the Centre's Emergency Evacuation Plan, including training staff and
volunteers.b. Create and maintain a safe workplace as far as practicable.
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Schedule B
VisionTo maintain and develop theatrical technical services for a viable community owned and operatedMRCC (and other Shire Halls as required) that provides opportunities for diverse use from both localand outside organisations.
IntroductionThe primary function of the MRCC is to provide an affordable and appropriately maintained space forthe community to gather for many and varied activities. This function dictates that the community mustperceive ownership and pride in the venue for long term social benefits.
Actions for consideration in this regard include the following three objectives:1. Maintain and develop a management structure that provides professional client service, especiallytheatrical technical services, for both the hirer and patron.2. Develop and implement a long-term maintenance and capital expenditure plan.3. Achieve long term financial sustainability to ensure the venue is a viable community asset.
Strategy to be implemented for Theatrical Technical Services.The Association will engage the services of Technical Officers who will have the following skills asneeded:
1. Proficient in the set up and use of audio/visual, sound, lighting, stage and other technicalequipment relevant to stage production.
2. Ability to work in volunteer managed environment (and not for profit organisation).3. Experience in the Australian entertainment industry.4. Experience with major touring companies.5. Comprehensive knowledge of current technical theatre standards.
The Association, in conjunction with the Technical Officer will:1. Effectively manage and provide technical support to clients when required subject to cost
ceiling equivalent to the Shire's Theatrical Technical Services contribution (ref Part 1, Item 5 ci).
2. Cooperate with contractors, production managers, local, state and federal agencies to ensureall operational information is disseminated and appropriate approvals have been received, asrequired.
3. Train, induct and coach technical staff and volunteers as requested.4. Support hirers with the set up and dismantling of the MRCC facilities, including sourcing of
labour hire.5. Collate and maintain an informative and detailed inventory for all technical aspects of the
MRCC.6. Advise requirements for the purchase of technical equipment and related consumables for the
MRCC.7. Provide a technical overview of the Augusta Centennial Hall, Gloucester Park Hall and other
Shire owned Halls as negotiated.8. Support development of a long term theatrical maintenance and technical capital expenditure
plan for the MRCC.9. Ensure theatrical technical services accounts are forwarded to the Shire's Finance
Department within 10 working days of receipt of invoice.
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lgarstoneText BoxITEM 12.1.1 ATTACHMENT 2
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Arts Margaret
111111111111111111111111111111111111111111111Doc No: 1130244File: VTL/287Date: 21 FEB 2013
Margaret River Cultural CentreWallcliffe Road Margaret River WA 6285 I PO Box 43 Margaret River WA 6285
Phone 08 9758 7316 I Fax 08 9758 7324 I Email [email protected] I Web www.artsmargaretriver.comA B N 61 8 7 4 730 774
12 December 2012
Mr Gary Eve rshed
CEO Augusta Margaret River Shire Council
Walcliffe Rd
MARGARET RIVER WA 6285.
Dear Gary
Further to our meeting today, and to the paper presented to you, it is with deep regret that I confirmthat the Committee of Management of Arts Margaret River has voted to return control of theCultural Centre and with it, the Performing Arts programme and the Margaret River Cinema, to theShire. This will take effect from 30 June 2013 to allow for a smooth transition and to coincide withthe current Memorandum of Understanding
As covered in our paper, the resources of Arts Margaret River both physical and financial, areinsufficient to continue to operate under existing wage costs which can only be kept low by beingaugmented by many volunteer hours. Such a commitment could not be sustained by the Committeeof Management indefinitely.
We thank the Shire for its past support. We will continue to operate under the banner of "Keepingthe Arts alive in Margaret River and will continue to work with you towards a smooth transition andto assist you in any way that we can with programmes going forward. Please call upon us when youthink we can be of assistance.
Yours sincerely,
1Anne Shepherdson
Hon President
.14- 41111•1-ollerywesi
supportedC o u n t r y A r t s W A Hon. Barry House MLC
MEMBH FCR rH: .• ' • • :
I130244I130244
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Australian Regional Tourism Network, PO Box 289, LEETON NSW 2705 E: [email protected] P: (02) 69537433
Mr Gary Evershed Chief Executive Officer Shire of Augusta - Margaret River City Council PO Box 61 MARGARET RIVER WA 6285 Dear Gary Thank you for the opportunity to meet with yourself and Ray Colyer during my recent site visit to Western Australia and in particular Margaret River in early December 2012.
As you are aware, the Australian Regional Tourism Convention will be held in the Margaret River Region in October 2013 and in accordance with our regional focus and to reinforce our regional principles, we are committed to holding the annual Convention in a regional destination as opposed to a capital city. The ARTN Convention rotates through each State and Territory in turn with the inaugural event held in September 2001 with the last two events being held in Townsville in 2011, and Launceston in 2012. The Convention is wholly owned and managed by the Australian Regional Tourism Network and an important event for the association and its members, with ARTN contributing substantial funds and resources to planning and delivering the annual Convention. In addition each year we develop a partnership with the STO in the host state who contributes financially to the Convention. For the 2013 Convention, Tourism Western Australia have partnered with ARTN with a financial contribution of $20,000. ARTN would like to establish a similar arrangement with the Shire of Augusta - Margaret River and are seeking sponsorship of $10,000 to go towards the hosting of the 2013 Convention. The Convention is a regional event with various components of the week long Convention being held in various regions across the southern areas of Western Australia. Social and networking events mid week will be focused on the Geographe Bay and Margaret River regions. The key feature of the Convention has been the focus on relevant issues facing regional tourism in Australia and the extremely high quality of keynote addresses by nationally recognised and respected commentators and opinion leaders on these issues. The Convention provides the region with the opportunity to showcase product and experiences at a nationally significant event to delegates from across Australia, with a focus on regional tourism.
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Australian Regional Tourism Network, PO Box 289, LEETON NSW 2705 E: [email protected] P: (02) 69537433
In 2012, the Convention attracted more than 150 delegates, representing each state and territory of Australia, including international delegates; delegates also come from a variety of organisations and work places. A detailed breakdown can be seen below:
DelegatebyOrganisationCorporateIndustryGovernmentIndustryAssocLocalCouncilLTORDARTOSTO
DelegatebyState
ACTNSWVICQLDTASSAWANTUSANZ
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Australian Regional Tourism Network, PO Box 289, LEETON NSW 2705 E: [email protected] P: (02) 69537433
If you have any questions regarding this letter, please do not hesitate to contact me on (02) 6953 7433 or email: [email protected] and look forward to hearing from you in the near future. Regards
Tracey Valenzisi Executive Officer Australian Regional Tourism Network 25 February 2013
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