School Swimming Service agreement

Section 1: Introduction
1.1
This is an Agreement between The Borough Council of Newcastle-under-Lyme (NBC) and My school, for the provision of School Swimming Lessons. It identifies the objectives of the Service and outlines the roles, responsibilities and costs for the delivery of the Service.
1.2
The objectives of the Service are:
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To deliver a high quality, professional Schools` Swimming Service.
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To provide all school pupils with the opportunity to meet the National Curriculum standards for key stage 2 swimming.
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To support the health and wellbeing of pupils and enable them to develop and enhance their skills and abilities in swimming which is an essential life skill.
Section 2: Purpose of the Agreement
2.1 The purpose of the Agreement is to:
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Clarify the roles of each Party;
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Ensure that the service operates to agreed quality standards;
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Establish a method for the settlement of disputes should they occur;
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Strengthen partnership working within the Borough and schools to support delivery of a School Swimming Service for the benefit of young children in the Borough and surrounding areas.
Section 3: Role of NBC
3.1 Under the Agreement NBC will:
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Deliver school swimming lessons in accordance with Swim England’s guidelines.
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Provide the opportunity for schools to access dedicated school swimming lessons at Jubilee2 between Tuesday to Friday between the hours of 9.30am to 12.00 pm and 1.00pm to 3.00pm. This service will be available for schools to access for 36 weeks a year during the standard school terms.
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Provide dedicated changing areas in the changing village for schools (Please note the general public may be in other parts of the changing village during your visit to Jubilee2
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Provide two qualified swimming teachers per session who will teach children on a 1:20 ratio.
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Provide fit for purpose swimming equipment.
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Provide National Rescue Award for Swimming Teachers and Coaches (NRASTC) training for two representatives from each school.
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Oversee the administration of an awards scheme.
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Liaise with, schools, RLSS, Swim England, Sport England and other outside agencies.
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Issue a dedicated report per term identifying the progression of children participating in swimming lessons.
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Provide sole use of the training pool and / or shared use of the competition pool with a 2.5 metre lane gap to segregate children from the public.
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Provide supervision and guidance for pupils in the pool hall areas.
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All staff delivering the service will have an enhanced Disclosure and Barring Service (DBS) check
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The Council will maintain Public Liability Insurance of £5million and Employers Liability Insurance of £10milllion (copies of such can be made available).
3.2 The swimming teacher is responsible for the water safety of the pupils involved in the lesson and will be responsible for the content, quality and teaching outcomes. They will also provide support to school staff less competent and confident in the teaching of swimming and will delegate teaching responsibility according to the needs of the class and the school staff expertise.
The role of the swimming teacher is to deliver a high quality scheme of work to achieve teaching outcomes for the pupils and to take overall responsibility for the safety of the pupils when in the water. The swimming teacher will:
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Communicate a clear role for the class teacher in the event of an emergency.
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Discuss with the class teacher at the beginning of every lesson the numbers in the group, their health and any specific individual medical knowledge necessary for a safe working environment.
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Teach children the knowledge required within the National Curriculum.
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Provide lesson plans and swimming teaching aids (NTP/Tops Cards) to support the class teacher.
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Plan, develop and monitor the swimming programme.
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Preparing schemes of work appropriate to pupils’ age, ability and interests.
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Be familiar with the Normal Operating Procedure (NOP) & Emergency Action Plan (EAP) for the pool.
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Be familiar with the emergency equipment provided running emergency drills every term with each class
Section 4: Role of The school
4.1 Under the Agreement the school will:
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To be proactive in promoting the benefits of swimming and to develop their own swimming policies.
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Arrange for school teaching staff to be well prepared for lessons through the use of the Swim England school swimming framework.
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Provide a school teacher + another adult with each group 1 of which must be NRASTC qualified.
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Ensure all medical conditions and history of illness is communicated to swimming teachers; records must be kept by swimming teachers and attending school teacher.
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Arrange for additional supervision of any pupil with particular medical conditions or special needs.
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Make transport arrangements to and from Jubilee2.
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Take responsibility for children, in the changing rooms, accessing toilets, and general circulation space at Jubilee2.
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Ensure that they have undertaken sufficient risk assessments in relation to accessing the school swimming service.
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Ensure that all staff have up to date DBS checks.
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4.2 The expectations of the accompanying school teacher and or support staff are to:
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The school teacher is professionally responsible for the children – however, the swimming teacher is responsible for all water safety issues.
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The school teacher will always take an active role in the teaching on poolside – training can be provided by Jubilee2.
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The school teacher will discuss any problems with the swimming teacher.
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The school teacher will liaise with the Jubilee2 where necessary.
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The school teacher will take overall responsibility of the safety of the pupils during the journey to and from the school and report immediately any issues that occur to Jubilee2 on 01782 616606.
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The school teacher will provide risk assessments for all for accessing school swimming lessons.
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The school teacher will ensure that all children remove jewellery prior to entering the swimming pool.
Section 5: Terms of the Agreement and Payment
5.1 Schools have the opportunity to access this service on a term by term basis but in order to give children the best opportunity of achieving the key stage 2 requirement it is recommended that schools book the for three terms. The precise details of the schools booking requirements can be seen on the booking for Appendix A
5.2 The cost per 12 week term (30 minutes lessons) is £1,500 and is inclusive of basic cost for the service administration, management, equipment, School Swimming Charter and awards scheme.
5.3 Should an additional teacher or lifeguard be required this will be provided at a further cost of £36.50 per half hour and this will be agreed in advance with the school.
5.4 Officers at Jubilee2 (will make every effort to ensure that the lessons take place according to the dates on the timetable. Should lessons be cancelled by the service, no charge will be made to the school for the loss of the lessons concerned. Schools will not be charged for sessions that fall on Bank holidays.
5.5 Should the school find it necessary to cancel the lesson(s) the school should inform
Jubilee2 via a telephone call to 01782 616606 or via email J2general@newcastle-staffs.gov.uk. Schools will be charged for cancelled lessons at the full cost of the Service.
5.3 By signing this Agreement, both parties commit to the Provider commit to the delivery of the school swimming lessons subject to:
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No part of this Agreement being broken by the school or NBC in any substantive way.
Section 7: Data Protection, Confidentiality and Freedom of Information
7.1 The Parties shall comply with their obligations under the Data Protection Legislation (the General Data Protection Regulation (GDPR) and the Data Protection Act 2018), which covers the collection, storage, processing and distribution of personal data. It
also gives certain rights to individuals about whom information is recorded and places an obligation to protect their personal data.
7.2 The Parties shall use all reasonable endeavours to ensure that confidential information is only used for the purposes of this service and shall not be disclosed to anyone else except as permitted by this Agreement.
7.3 The Provider recognises that NBC’s duties of confidentiality are subject to the Freedom of Information Act 2000 (FOI). NBC shall not provide commercially sensitive information to a third party under the FOIA unless, prior to any such disclosure, they have informed the Provider of the request for such information and given the Provider the opportunity to make representations about what material should or should not be disclosed. But this shall not prevent or delay NBC from complying with any obligations under the FOIA.
7.5 The provisions of this clause shall survive termination of this contract.
Section 8: Liability
8.1 Neither party excludes or limits liability to the other for:
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Death of personal injury as a result of its negligence:
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Fraud or fraudulent misrepresentation by it or its staff;
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Or breach of any obligations as to title implied by Section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
8.2 The Provider's liability for breach of confidentiality or infringement of intellectual property rights shall be unlimited unless otherwise agreed in writing by the parties.
8.3 The liability of either party for direct loss of, or damage to, the tangible property of the other shall be limited to five million pounds per claim unless otherwise stated.
8.4 The Provider shall indemnify and keep indemnified NBC, in full from and against all claims, proceedings, actions, damages, legal costs, expenses and any other liabilities whatsoever arising out of, in respect of or in connection with the Agreement including in respect of any death or personal injury, loss of or damage to property, financial loss arising from any advice given or omitted to be given by the Provider, or any other loss which is caused directly or indirectly by any act or omission of the Provider. This Clause shall not apply to the extent that the Provider is able to demonstrate that such death or personal injury, or loss or damage was not caused or contributed to by its negligence or Default, or the negligence or Default of its Staff or by any circumstances within its or their control.
Section 10: Insurance
10.1 Both NBC and the school shall effect and maintain their own policies of insurance to provide a level of cover sufficient for all risks which may be incurred by the under this Agreement including death or personal injury, or loss of or damage to property. This is recommended to be £5,000,000 public Liability Insurance and £10,000,000 Employers Liability Insurance
Section 11: Publicity
11.1 Unless otherwise permitted by NBC, the school shall not make any press announcements or publicise the detail of this Agreement in any way without prior written consent.
11.2 NBC shall be entitled to publicise this Agreement (in accordance with any legal obligation upon them), including any examination of this Agreement by the Auditor or otherwise.
11.3 The Parties shall not do anything which may damage the reputation of either party or bring them into disrepute.
Section 12: Termination
12.1 Either Party may withdraw from this Agreement on the expiry of not less than three months’ written notice to the other if:
12.2 that Party's funding for this Agreement is reduced, withdrawn or is not satisfactorily secured for the purpose of continuing this Agreement; or
12.3 that Party’s governing body determines that its continued participation in this Agreement is not desirable
12.4 that Party has committed a material breach of any of the terms of this Agreement and (if such a breach is remediable) fails to remedy that breach within 30 Business Days, (or such other reasonable time as may be agreed in writing) after being requested by the other Party to do so and for the purposes of this Clause 8.4 a breach is a material breach if the Party other than the Party committing the breach acting reasonably agree that it is a material breach; or
12.5 Any Party which withdraws or is removed from this Agreement will be released from its obligations to make any further financial contributions but must pay all contributions prior to the date of withdrawal
Section 13: Dispute Resolution Procedure
13.1 Either Party may request the other to participate in a meeting of their respective managers, in order to discuss the dispute and to agree a strategy to resolve it, in which case the parties shall liaise in good faith to meet within ten (10) working days and also exchange statements at least three (3) clear working days prior to the date of the meeting (setting out their respective views of the issues, which are in dispute);
13.2 If despite following the procedures set at/in Section 133 the dispute remains unresolved, the dispute shall be referred to an Executive Director of NBC and the Head Teacher of the School (or a senior manager designated by them) without delay, in which case the Parties will seek to meet and resolve the dispute within a further period of fifteen (15) working days and shall each provide the other (if appropriate) with further statements setting out their views of the outstanding issues in order to assist resolution within that time period.
13.3 This dispute resolution process will apply throughout the term of this Agreement.
Section 14: Miscellaneous
14.1 Proper Law and jurisdiction - this Agreement shall be governed and construed according to English law in every particular including formation and interpretation and shall be deemed to have been made in England.
14.2 Each of the parties warrants its power to enter into this Agreement and has obtained all necessary approvals to do so.
14.3 The receipt of money by either of the parties shall not prevent either of them from questioning the correctness of any statement in respect of such money.
14.4 Force Majeure - Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of this Agreement impossible whereupon all money due under this Agreement shall be paid immediately and in particular;
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NBC shall immediately pay to the Provider all arrears of payments that are due within the terms of the Agreement
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Each party shall be liable to pay to the other damages for any breach of this Agreement and all reasonable expenses and costs incurred by that party in enforcing its rights under this Agreement.
14.5 If any provision of this Agreement is declared by any judicial or competent authority to be void, voidable, illegal or otherwise unenforceable (or indications to that effect are received by either of the parties from any competent authority) the parties shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality, or either party shall be entitled to terminate this Agreement by 30 days’ notice given to the other party.

We, the undersigned, agree to be bound by the terms of this Agreement;

Sign Agreement